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AG 20-638 - Richard & PartnersF*.%7NK,M CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: --ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ.BY: ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) Ei PUBLIC WORKS CONTRACT [I SMALL OR L13AITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACTA NT (AG#):_ 0 INTERLOCAL X OTHER —CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT ple,".pe—D 4- NAME OF CONTRACTOR: COMFORT INN FEDERAL WAY ADDRESS: 1010 S 336TH ST # 312, FEDERAL WAY WA 98003-5439 T ELEPHONE: (206) 618-1322 E-MAIL: JDCOMFORTINNFW@GMAIL.COM SIGNATURE NAME: MOON KIM TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS = In ,Akvj w"guy So Ingral munney w by."I I - .1 TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/loo HogL(A$ NO �2) 0 OT .2.� D , ILA � (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND S� REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $_,,_ IS SALES TAX OWED El YES X NO IF YES, PAID BY: El CONTRACTOR 13 CITY RETAINAGE: RETAINAGE AMOUNT: E] RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED [--] PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Prpject Code #2676 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED El PROJECT MANAGER 11,el5iRECTOR El RISK MANAGEMENT (IF APPLICABLE) 11 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:_ 0 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 LAW DEPARTMENT 1N NATORY (MAYOR OR DIRECTOR) El CITY CLERK e�o Vol two 01 El ASSIGNED AG# AG# 'OMMENTS: 1/2020 This Grant Agreement (­,greei rpt'") is made between the City of Federal Wav, a Washington municipal corporation ("City"'), and Richart & Partners LLC, a limited liability company ("Grantee"). The City and Grantee (together "Parties") are I )sated and do business at the below addresses which shall be valid for any notice required and this Ajp­eern .rpt; MOON KIM 31622 Pacific Hwy S, Federal Way, WA Mailing address: 1010 S 336`s St 4 -312 Federal Way, WA 98003-7355 (206) 618-1322 (telephone) jLC(LDLf6r- LI �,i zrmaiLcorn �j_ The Parties agree as fellows: Ade Ariwoola 33325 8th Ave, S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ade.ariwool 111-111L.- --1-1-1-1-1111 ci!!L 1® TERM. This agreement ante mplates a one-time grant of funds to the Grantee under the conditions describe—Th—crein. I 20lWarranties. The Granwe warrants the following, which are pre -requisites for grant eligibility-, a) Grantee operatQs a business physically located within the political boundaries of the City of Federal Way, b) Grantee maintaimi a current City of Federal Way business license; c) Grantee has paid all taxes and goverranent fees due up to the date of execution of this grant agreerient; d) Grantee's bisiness employs no more than the equivalent of ten (10) full-time employees (209800 mw -hours total for all employees per year); e) Grantee's ni I revenues do not exceed more than $ 195 million per year; f) Grantee do(s not operate as a tax-exempt business as defined by the Internal Revenue Service-, g) Due to COX ID -19, Grantee business (check all that apply): Was required by state or local order to close Was forced to lay off employees due to reduced patronage fncurred over S 1,000 in COVID- 19 related expenses Expenencea i U -3U% 10ST reVeflUe 0, Experienced over 50% lost revenue 2.2 Use of Funds: Grante a) Mortgage o b) Personal Pr affirms that grant funds will be used for the following purposes: CARES ACT BUSINESS GPLA14T AGREEMENT - 1 - Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its designee upon request, 3® TERMINATION, Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed ggrant h -i Ids and terminate this agreement. 4. GRANT AMOUNT. 4.1 Amount, In order tk promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the CC V113- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed Two Thousand and /100 Dollars ($2,000.00). 42 N on -A2rropFunds. ffi If sucient funds are not appropriated or allocated for payment under this Agreement for any �Ifcal period, the City will not be obligated to make payments under this agreement. I 5,1 Grant%�c T'he Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officcrs, employ , agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, acticris, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, habilitirs, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any ar, all persons or entities, including, without limitation, their respective agents, licensees, or representatives, anAng 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 Jurisd ction determine that this Agreement is subject to RCW 4.24 115, then, in the event of liability for damages ari-ing out of bodily injury to persons or damages to property caused by or resulting from the -cone ent negl enc e of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent of the Grantee's neghocnee . Grantee shall ensure that each sub -Grantee shall agree to defend and indemnify the City, its electedofi�,'cials, 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 nv of Grantee's work when completed shall not be grounds to avoid any of these covenants of indern 5.2 [ndustrial Insura-ticf., Act Wai-%,er, It is specifically and expressly understood that the Grantee Wdivcs any illunullity LUM 111dy LIC g1d11=1 LU U U11LICU tile WaN11111gLUR 6LUU! IMUSLIAH1 111SUrance act, I Me 31 RCW, solely for the purposes of th s indemnification. Grantee's indemnification shall not be limited in any way by any limitation on the amount o damages, compensation or benefits payable to or by any third party under workers' compensation acts, disab lity benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this wain 5.3OL, i IndemnificLicaji. The City agrees to release,, indemnify, defend and hold the Grantee, its officers, direct shareholders, employees, agents, representatives, and sub -contractors harmless CARES ACT BUSINESS GRANF AGREEMENT -2- VA� Fo 'r, CITY OF CITY HALL 33325 3ths Av dnd 001 Federal Way. "'A 98003-6325 (253) a35-7000 www Cc,)fp from any and all claims, dernarld . actions, suits, causes of action arbitrations, mediations, proceedings, judgments, awards, injuries, darts= es.; liabilities, lasses, tines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or bkf any a nd all persons or entities, including without limitation, their respective agents, licensees, or repres nt:irt� cs, ansing from, resulting from or connected with this Agreement to the extent solely caused by the negligent actserrors, oromissions of the City,, 5.4 Survival, The Pro Isions of this Section shall survive the expiration or termination of this Agreement withrespect to :it occurring prior to such expiration or terniination. with respect to any matter cc"I eta Nether viral or written, shall be invalid, inoperative, null and void such other provisions shall rens", provision, may be amended, wa; representatives of the Parties, .2 Enforcemem, Any set forth at the beginning of this notice or may be deposited in the l' so posted in the United States rr remedies provided for udder the cumulative with all ether remedies insist upon strict performance of exercise any option conferred by l' or relinquishment of those t:cwcnai effect. Failure or delay of the City; such breach or default. Failure of t right to declare another breach or accordance with the laws of the t� claire arising from this Agreement by filing suit udder the venue, Washington, unless the parties ag does not have jurisdiction over su Washington, Each party consents Washington and waives any ca gier claim or lawsuit arising from this expenses incurred in defending or IcuuVcty of dwalkl Plovklru Dy ld�k Parties' rights to indemnification u )da k: , oon. This Agreement contains all of the agreements of the Parties or mentionedin this Agreement and no prior statements or agreements, etgtive for any purpose. Any prevision of this Agreement that is declared r illegal shall in no way affect or invalidate any other provision hereof and in _full force and effect. No provision of this Agreement, including this d, or modified except by written agreement signed by duly authorized ittc s required to be given by the Parties shall be delivered at the addresses gr a aztt t Any notices may be delivered personally to the addressee of the nited States mail, postage prepaid, to the address set forth above. Any notice ti shall be deemed received three '(3) clays after the date of mailing. Any terms of this Agee ent are not intended- to be exclusive, but shall be a,°ailable to the City, at law, in equity or by statutes The failure of the City to of the covenants and agreements contained in this Agee t, or to is Agreement in one or more instances shall not be construed to be a waiver s,_ agreements or options, and the same shalt be and remain in fall farce and r declare any breach or default immediately upon occurrence shall not wive e City to declare one breach or default does not act as a waiver of the City's Jcfaukl This Agreement shall be made in, governed by, and interpreted In e of Washington. If the :Parties are unable to settle anydispute, difference or the exclusive means of resolving that dispute, difference, or claim, shall be ties and jurisdiction of the King County Superior Court, King County, �e in writing to an alte ative process. If the King County Superior Court a suit, them sunt may be filed -in -any other appropriate court in King County, o the personal jurisdiction of the state and federal courts in King County, ion that such courts are an inconvenient forum, If either Party brims any �kat�tem, ent, each Party shall pay all its legal coasts andattorney's fees and milting such claim or lawsuit, including all appeals, in addition to any other PrUVItiCtl, llut ,Y'cver, il{3i IRU til Ellis para raptl snuit ne curistrueu ill shelf tri den Section 5 of this Agreement. 6.3 Execution. Each is d vidual executing this Agreement on behalf of the City and Grantee represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in ani number of counterparts, each of which shall be deemed original and with the same effect as if all Parties heP oto had signed the same document, All such counterparts shall be construed togetherand ,shall constitute rade i st ent, but in making proof hereof it shall only be necessary to produce CARES ACT BUSrNESS GRA IF AGREEMENT -3 - CITY OF Fedem one such counterpart. The sigr together to form a single 14VT signature and acknowledgment yor .or D A T E: RICHARD & PARTNERS LLC: CITY HALL 33325 8th Avenue South Way Federal Way, VJA 98003-6325 (253) 835-7000 wvyw cayoffederaiwaY cofn ire- and acknowledgment pages from such counterparts may be assembled el: comprised of all pages of this Agreement and a complete set of all es� The date on which the last of all of the Parties have executed a be the "date of mutual execution" hereof. Agreement below. effective the last date written below. Washington State Del-Jartment of Revenue < Business Lookup License Information: New search Back to rersufts Entity name: RICHARD & PARTNERS, LLC Business name: COMFORT INN FEDERAL WAY Entity type; Limited Uabifity Cornpwiy UBI #: 603-353-591 Business ID: 001 Location ID: 0002 Location: Active Location address: 31622 PACIFIC HWY S FEDERAL WAY WA 98003-5439 Mailing address: 1010 5 336TH ST STE 312 FEDERAL WAY WA 98003-7355 Excise tax and reseller permit status: Cfick here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance date Federal Way General Business Active Jan -31-2021 Jan -23-2020 Governing People Governing people Title KIM, MOON KIM, SUN JA Registered Trade Names Registered trade names Status First issued COMFORT INN FEDERAL WAY Active Nov -15-2018 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/5/2020 12:25:32 PM WNSIEW