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Home My WebLink AboutAG 20-239 - GamelobsterRETURN i O: TIM JOHNSON EXT: , CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I ORIGINATING DEPTJDIV: ECONOMIC DEVELOPMENT *RIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 — 3. DATE REQ. BY. ASA? ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES 1 CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANT(AG#): ❑ INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECTNAME:,- CARES ACT GRANT ROUND N NAME OF CONTRACTOR: GAMELOBSTER ADDRESS: 32610 PACIFIC HWY S #A2, FEDERAL WAY, WA, 98003 TELEPHONE: (253)431-3265 E-MAIL: GAMELOBSTER@YAHOO.COM SIGNAT NAME: DJOUARA DjouAHRA TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS �rl�l.�rw�iKi]��rl�ir�ri[�I�1��I�I��Yr��lil�i�. : �r : . ; � . E � 4 Ki ► i � i TOTAL CQ PENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NQ/I00 ($1;000:00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, $ _ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE ®UNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER I CTO ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'Ds ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 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 ❑ LAW DEPARTMENT SIGNED BY LAW 07-28-20 ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG#-��72Y"`` 1/202a __ CITY HALL 33325 8th Avenue South Federal Way WA 98003-6325 (253) 835-7000 www cayoffederalwqy cora CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH GAMELOBSTER This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Gamelobster, 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: Youcef Djouahra 32610 PACIFIC HWY S #A2 Federal way, WA 98003 Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalway.com 1. TERM . This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITIONS OF GRANT 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 is not the recipient of other state or federal funding made available as a response to the COVID- 19 pandernic e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year). f) Grantee's net revenues do not exceed more than $1.5 million per year g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service h) Due to COVID- 19, Grantee business (check all that apply): E] Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses ;K Experienced 10-50% lost revenue Experienced over 50% lost revenue CITY OF CrTY HALL 33325 8th Avenue South 44 Federal Way Federal Way, WA 98003-6325 (253) 835-7000 mwv cityoffederalvilay corn a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them 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 grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount [iot to exceed One Thousand and NO/100 Dollars ($1,000.00). 4.2 Non -A ri or pa e ppropriation of Funds. If sufficient funds are not approp ated or allocated f ym nt under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Grantee Ifideinhifi cation. 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 the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent of the Grantee's negligence. Grantee shall ensure that 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 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 indemnification. 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' compensation acts, disability benefit acts or any is benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. CITY HALL 33325 Sth Avenue South Federal Way WA 98003-6325 (253) 835-7000 www cityoffederaiway coat 5.3 Ci1v lliddithificatiori. The City agrees to release, indemnify, defend and 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, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with •. to any event occurring prior to such expiration or termination. 6.1 Intgpretation and Modification. This Agreement contains all of the agreements • 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, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. • Execution. Each individual executing this x• on behalf of the City and Grantee represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This CITY OF F6deral 110y CUTY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwroe cityoffederalw�y.com Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one,instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. 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 and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: 'Jim DATE: By: Printed Name: Title: L DATE: Fl■ �,, �0111�2 �61,1 Q�., •10�hl 7/25/2020 eServices 'Wasl,dngton Stz).te Departrnent of Revenue Services Business Lookup GAMELOBSTFig License Information: Entity name: DJOUAHRA, YOUCEF Business name: GAMELOBSTER Entity type: Sole Proprietor UBI #: 601-931-142 Business ID: 001 Location ID: 0002 Location: Active Location address: 32610 PACIFIC HWY S #A-2 FEDERAL WAY WA 98003 Mailing address: 32610 PACIFIC HWY S #A-2 FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 08 -104528 -00 -BL Governing People may include governing people not registered with Secretary ot'State Governing people Title DJOUAHRA, YOUCEF HO, KIT LAN Registered Trade Names Registered trade names Status GAMELOBSTER Active YOUKIT Active New search Back to results Status Expiration date Active Feb -28-2021 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/25/2020 12:45:58 PM https://secure.dor.wa.gov/gteunauth/,/#1 00 1/1