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AG 20-858 - Fana Estifanosurolnmfft� CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOM IC DIIE'VtLOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON — EXT: 24,12— 3. DATE REQ. BY_ASAP ___ TYPE OF DOCUMENT (CHECK ONE): D CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) El PUBLIC WORKS CONTRACT D SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 11 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION Ei CONTRACT AMT-NDMENT(AG#): El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT NAME OF CONTRACTOR: FANA ESTIFANOS (FANO'S KITCHEN) ADDRESS: 2739 SW 323RD ST, FEDERAL WAY, WA 98023-2522 TELEPHONE: (206) 334-6877 E-MAIL: FANASCLTISINE@YAHOO.COM SIGNATURE NAME: FANAESTIFANOS TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE - �� �� H EE E COMPLETIONDATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND II -j 060�00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: D YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, RETAINAGE: RETATNAGE AMOUNT: 00z"0ft 17.11 M tffi"■E we) El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL DATE APPROVED 0 PROJ CTM ANAGER 2 -1 0-CrCTOR. 0 RISKMANAGE MENT (IF APPLICABLE) 1:1 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONMTFEE DATE: CONINUTrEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: "K4141IN twx41JM1"9Rx1-1j 3 Do '"I El SENT TO VENDOR/CONTRACTOR. DATE SENT: DATE RECID,— El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • 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 • LA EPARTMENT ATORY (MAYOR OR DIRECTOR) • CITY CLERK I - — --------- - • ASSIGNED AG# '�AG#— �0-8581 ;O S: 1/2020 ftkCITY OF Federal Way CITY HALL 33325 Bath Avenue Seth FederW Way, WA 98003-6325 (253) 835-7000 wwwrily0frederalwaycoo CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH FAA ESTIEFANOS This Grant Agreement ("Agreement") is made bet%reen the City of Federal Way, a Washington municipal corporation ("City"), and Fana Estitknos, a sole proprietor, ("Grantee")� The City and Grantee (together "Parties"',) are located and do business at the below addresses'which shall be valid for any.notice required under this Agreement: FANA ST S: CITY OF FEDERAL WAY: F ESTIFANOS 2739 SW 323RD ST FEDERAL WAY, WA 98023-2522 (206) 334-6877(telephone) fan ascuisineC&yahoo,com The Parties agree as follows. - 1® TERM This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. LONDMONS Or, GR_,1LNT. 2.1 Earrantie�s. The Grantee'lxarrants the following, which areP re -requisites for grant eligibility - a) Grantee operates a business physically located Aithin 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 Senricc; g) Due to COVID- 19, Grantee busi ness (check all that appjy)' 0 Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over S 1, 000 in COVID- 19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - 1- CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Wa y Federal Way, WA 98003-6325 (2 53) 835-7000 wwwcjtyofte'aw�p�, ycam 2.2 !ULse of -Funds, Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Eqrdpment e) Marketing 0 Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide th'em to the City or its designee upon request. 3. 19,B=iN,11NAT10N. Should any of the conditions des cn"bed in section 2.1 above, not be met, the City may recover all disbursed grant fimds and tennurate this agreernent. 4. g&ANT AMOUNT. 4A AmountF In order to promote heal thy economic activity in the City and in response to the losses Grantee has ino_w°eddue to the COWD-19 pandernic, the City shall provide a grant to the tee;` an amount not to exceed One Thousand and NO.1100 Doll=, ($1 P000.00). 4.2 Non �ro riafio 9ti n -ofFunds. If sufficiera -funds are not appropriated or allocated for payment under this Agreement for any fiscal period, the City will not be obligated to make lea eats under this agreement. 5. INDEN21jIFI'AT ION. 5A 2anus -InderrinitLiclition. The Grantee agrees to release i-ademnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, and volunteers harmless from any and till claims, demands, actions, suits,, cans of action, arbitrations, mediations, proceedings, judgments, awards, injuries, darnages, liabilities, taxets, losses. , fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or enti ties, including, xithout limitation, their respective, agents. ;,s, arising from, resulting from, or in connection with Haas Agreement or the licensees, or representativp performartce of this Agreement, except for that portion of the chlims caused by the City's sole negligence. Should, a court of competent jurisdiction determine that this Agreement is subject., to l 4.245 115, then, in the evHaat of liability for damages arising out of bodily injury to persons or damages to property caused by t,,)r resulting -ftorn the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent of the Grantee's riegh gence. Grantee shall ensure d-iat each sub -Grantee shall agree to defend and indemnify the 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 not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act " di er_ It is specifically and expressly understood that the Grantee waives ani y rnmunity that may be granted to it tinder the Washington State, industrial insurance act, Title 51 RCW, solely for the purposes of this indemniflcation, Grantee's indemnification shall not be limited in any way by any limitation on the amount ofd ages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties fluilter acknowledge that dray have mutually.ilegotiatedtliis,waiver, CARES ACT BUSINESS GRANT AGREEMENT - 2 - 4% CITY OF 4� Federal Way CITY HALL 3:3325 8th Avenue SOON! Federal kj1jay.'vVA 98003-6325 (25 3) 833-7000 s o vGu oyoffpdpr, ikv;W c )17-? 5:3 Cily l d tj,. j,e City agrees to release, indes�� fy, def �i d hold the Grantee, its officers, directors, shareholders. partners, emPloYees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, in cries, damages, liabilities, losses, fines, fees, penalties expenses, atto _ y's fees, sts and/or litigation e3tpellses to or by any and all persons or entities, including without limitation, tlreir respective agents, licensees, or representatives, sing fro , re ltin fro or ccs ccted with this Agreement to the extent solely caused by the negligent acts, errors, oromissions of the City, 5A Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or teTmination. 6. GENERAL P T 6.1 tihtcrtattletatirsrh aratd [o,clifiinion. 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 runts or agreements, whether oral or written, shall be effective for any purpose. Any provision of this Agreement that is declared is valid, ingpetative, nidi and void, or illegal shall in no way effect or invalidate any other provision hareem" and such other p ,visions shall ;remain in full force and effect. leo provision of this Agreement, including this provision, may be amende& waived, or modified except y iAgitten agreement signed by drily authorized representatives of the Parties. set ford at the beginning Any notices required to e given by the Parties shall e delivered at the addresses beginthing of this Agreement, Any notices may be deli-vered personally to the addressee of the notice or may be deposited in the United States mailpostage prepaid, to the address set forth alcove. Any notice so posted in the United `ted States ail shall be d eme' d received three i3 days after the date of mailing, Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but, shall be cumulative with all 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 this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default inunediately upon occurrence shall not wive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's; right to declare another breach or default; This Agreement shall be made in, governed by and rule R rued in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim sing from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing shit under the venire, rules and furi diction of the King County Superior Court, King County,. Washington, awnless the paries 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 cans is to the personal jurisdiction of the state and federal courts in King county, Washington and waives any objection that such courts are an inconvenicnt forum. If either Party brings any claim or lawsuit arising from this Agreement, each Darty shall pay all its legal costs and atto ey's fees an expenses incurred in defending or bringing such cl " ri or lavvsirit, including all appeals, in addition to any other recovery ver or award provided by law, pro -\+ad d, however. nothing in this paragraph shall be construed to limit the Parties' lights to indernnification under Section 5 of this Agreement, 6.3 E_.ecuti0n. Each individual executing this Agro ent on behalf of the C v d Grant ee represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with CARES ACT BUSINESS GRANT AGREEMENT -3 CITY OF CITY HALL Is 33325 8th Avenue South Fe d e ra I Wa y Federal Way, WA 98003-6325 (233) 835-7000 wwvv cityoffederalway com FIV4 WITNESS, the Parties execute this Agreement FANA ESTIFANOS By: Printed Name: - Title: f\j tz� DATE: r ,ARES ACT BUSINESS GRANT AGREEMENT 10/14/2020 Washington State Department of Revenue < Business Lookup Entity name: ESTIFANOS, FANA Business name: FANOS KITCHEN Entity type: Sole Proprietor UBI #: 603-058-843 Business ID: 001 Location ID: 0002 Location: Active Location address: 2739 SW 323RD ST FEDERAL WAY WA 98023-2522 Mailing address: 2739 SW 323RD ST FEDERAL WAY WA 98023-2522 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Status Federal Way Home Occupation Active Business Governing People May include go—eing people not registered with Secretory ofStoft Governing people Title ARAIA, ASRESS ESTIFANOS, FANA New search Back to results Expiration date First issuance clat Sep -30-2021 Sep -11-2020 Registered Trade Names Registered trade names Status First issued FANOS KITCHEN Active Aug -05-2020 THE GREEN DELI & DOLLAR & MINI MART Active Oct -28-2010 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/14/202010:09:02 AM https://secure.dor.wa.gov/gteunauth/­,/#32 1/2