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AG 20-755 - McFarland ProductionsCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 2. ORIGINATING STAFF PERSON: TIM JOI-INS2N EXT: 2412 — 3. DATE Q. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RIB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CBG • REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE 13 RESOLUTION • CONTRACT ANffiNDMENT(AG#):__,— El INTERLOCAL • OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT E: CARE ACT GRANT ROUND 6. NAME OF CONTRACTOR: MCFARLAND PRODUCTIONS, INC. ADDRESS: 4035 SW 328TH ST, FEDERAL WAY WA 98023 T ELEPHONTE: (253) 275-8108 E-MAIL: BOBMCFARLAND2@HOTMAIL.COM SIGNATURENAME: ROBERT MCAND TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/ATMENDMENTS M, Eli I 011wim-111111111w, loll h -*M ES TAX OWED E] YES X NO RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR Ei RETAINAGE BOND PROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 roiect Code #267662-25060 10. DOCLTMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0 PR JECT MANAGER Lv. I '.,CTOR Ilei 11 RISKMANAGEMENT (IFAPPLICABLE) El LAW 11. COUNCIL A-PPROVAIL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 0 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:— El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED 0 LAAW *-PARTMENT 'A Et_$IT'v�TORY (MAYOR OR DIRECTOR) cll� El CITY CLERK 0 ASSIGNED AG# AG# COMMENTS: 1/2020 ,ZSA� Federal Way (253) 835-7000 mywdt/offederalmy coin CARES ACT FUNDS B-ISDi—F,%-R-,qITPPOR-T-GR-A-NT—AP,•,� ■ MCFARLAND PRODUCTIONS, INC. This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municip-T corporation C'City"), and McFarland Productions, Inc-, a Washington corporation C'Grantee"). Tnffihe City A* - Grantee (together "Parties") are located and do business at the below addresses which shall be valid for any noti required under this Agreement: i 9 . . V I 1118MM11 I is • , 1� Ade Afiwoola 33325 8th Ave. S_ Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ade.afiwoolap,ci ly 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. — - V 19MOV99 2.1 Warranties. The Grantee warrants the following, which are pre -requisites for grant eligibility: a) Grantee operates a business physically located within the political boundaries of the City of Federal Way; b) Grantee maintains a current City of Federal Way business license; c) Grantee has paid all taxes and government fees due up to the date of execution of this grant agreement; d) Grantee's business employs no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year, ■ f) Grantee, does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) Due to COVID- 19, Grantee business (check all that apply): E] Was required by state or local order to close Was forced to lay if employees due to reduced patronage F� Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% • revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant fimds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT - 1 - Pecierai way c) Insurance d) Utilities W 17 Y Y upon request. 4-1 Amount. In order to promote healthy economic activity in the City and in response to the loss not to exceed One Thousand and NO/100 Dollars ($ 1,000.00). 4.2 No igpri o • o - �atin f Funds. If sufficient funds are not appropriated or allocated for paymejM u-wder ftis 4.=e_-ae_T1R&,2_,xir5scaI n,;oviod. the Civ vill not k-. obligated to -ria ke DaNnf, owts uj&w 6is ag-eew ammuli�i Itcamulus 5.1 The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards-, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or gation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from i il 6" n1 the eyAgact _ _ _ A -Int V i "NAWAWWWA W - " 7- _P _ +1 U10 UrkLucc b 1106111�VIA;C. WLILJLGIU blikIll 01WWO LEM OdUll bK-#--%TaL1LOC; SHUR UXCO L* �Lclmfrvull 111(myrry City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. The City's inspection or acceptance of any of Grantee's work when completed shall 1tbe grounds to avoid any of these covenants of indemnification. 5.2 'Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemncation. Grantee's indemnification shall not be limited in any way. by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' CARES ACT BUSINESSG T AGREEMENT -2- 7/209.0 Federal Way, WA deral VYOy 98003-6325 ii tn that they have mutually negotiated this waiver. 5.3 City IjA� Ajfi��. The City agrees to release, indemnify, defend and hold the Grantee, its any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, # ' /. •._- ,• _ # _ __ f' . - r- - r y .. # ,res # the negligent acts, erTors, or omissions of r" 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this AgoTeement with respect to any event occurring prior to such expiration or tennination. 6. GENggAj Mt dot 6.1 1 =Rggqj��� Modification . This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Any provision of this Agreement that is declared invalid, xrr r / 1+ _+ shall in no w affect or f i i"r -*rovisionr and suchother provisions shall remain in fall force and effect. No provision of this Agreement, including this provision, may be amended, .. a or modified except by - agreement si._�. `.# by duly authorized representatives of r:`: Parties. 6.2 Enforcement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the d States mail ostagg prepaid, to the address set forth above. Any notice # 1• "# _. .i x ... •. r." •`' is Fr• _.. -f `' r. .�:`. � #. i � ♦ • 'ti �.i w. other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by r one or . t - shall . be construed to be a waiveror # - of CARESI&I all be and remain in full force and effect. Failure �Lr dela,,,, of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. breach or default. This Agreement shall be made in, governed by, and interpreted i n accordance with the laws of the State of Washington. If the Parties are unable to settle any dispu�e, difference by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County� incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery ACT BUSINESS GRANT AGREEMENT i�eaerai way or award provided by law; provided, however, nothing in this paragraph shall be construcd to Emit the Parties' rights to indemnification under Section 5 of this Agreement - constitute one instrumen ► in makin.�:; oroof hereof it shall ni be nec The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature a -ad acknowledgment 1!Zges. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution7 hereof Im EM DATE: �01�10-" �119 �11! By: tjjLt221 If PrintedNarne: Rok(&W, f4ce,1A,.4,nd Title: Presiden, DATE. Qc-t 9.2-0-20— CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 Endorsements Endorsements held at this location License # Count Details Federal Way Home Occupation 97 -105123 -00 -BL Business Governing People May include governing people not registered with Secretary of State Governing people Title MCFARLAND, ROBERT W New search Back to results Status Expiration date Active Jun -30-2021 j[q.M=1 j1j1jj;jj!1111!11!1jj!j!1 1!11!1111111 S,,e,rvices Bk,.m4iess Lookup MCFARLAkND PRODUCTIONS, NC, License Information: Entity name: MCFARLAND PRODUCTIONS, INC. Business name: MCFARLAND PRODUCTIONS, INC. Entity type: Profit Corporation UBI #: 601-800-239 Business ID: 001 Location ID: 0001 Location: Active Location address: 4035 SW 328TH ST FEDERAL WAY WA 98023 Mailing address: 4035 SW 328TH ST FEDERAL WAY WA 98023 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way Home Occupation 97 -105123 -00 -BL Business Governing People May include governing people not registered with Secretary of State Governing people Title MCFARLAND, ROBERT W New search Back to results Status Expiration date Active Jun -30-2021 j[q.M=1 j1j1jj;jj!1111!11!1jj!j!1 1!11!1111111