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HomeMy WebLinkAboutAG 20-795 - Seoul House Inc.RETURN TO: EXT: 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): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER . PROJECT NAME: CARES ACT GRANT RESTAURANT AMENDMENT NAME OF CONTRACTOR: SEOUL HOUSE INC. ADDRESS: 33310 PACIFIC Hwy S #405 TELEPHONE: (253) 320-4095 E-MAIL: KUMSTAGNER@YAHOO.COM SIGNATURE NAME: Ji E KIM TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) FIVE THOUSAND AND N0/100 ($5,000) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 11 YES RETAINAGE: RETAINAGE AMOUNT: ❑ PURCHASING: PLEASE CHARGE ❑ NO IF YES, $ 0. DOCUMENT/CONTRACT REVIEW ❑ P ECT MANAGER UIDIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) 2. CONTRACT SIGNATURE ROUTING PAID BY. ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE INITIAL / DATE REVIEWED SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION 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 NATORY (MAYOR OR DIRECTOR) KCITY CLERK % ❑ ASSIGNED AG# A 20-795 .OMMENTS: 1/2020 CITY OF CITY HALL �A4S Fe d e ra Way33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com AMENDMENT NO. 1 TO CARES ACT BUSINESS SUPPORT GRANT AGREEMENT WITH SEOUL HOUSE INC. This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Seoul House Inc, a profit corporation ("Grantee"). The City and Grantee (together "Parties"), forvaluable consideration and by mutual consent of the Parties, agree to amend the original Agreement ("Agreement") dated effective November 17, 2020, as follows: 1. AMENDED COMPENSATION. The amount of the grant, as referenced by Section 4 of the Agreement, shall be amended to change the total grant the City shall pay the Grantee as delineated in Exhibit A-1, attached hereto and incorporated by this reference. Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of payment of this Agreement. If sufficient funds are not appropriated or allocated for payment under this agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. [Signature page follows] AMENDMENT - 1 - 3/2017 CITY of CITY HALL 8th Ak Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ci"ffederahvay.. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FED WAY: By:le_ Jim F7�ayor DATE: I' SEOUL HOUSE INC.: By: Printed Name: Title: Date: z 2--a AMENDMENT - 2 - 3/2017 CITY OF CITY HALL Federal Way Feder 8th Avenue South G7i Federal Way, WA 98003325 (253) 835-7000 www ci[yoffederalwayc-om EXHIBIT A-1 ADDITIONAL COMPENSATION 1. Total Compensation: In order to promote economic activity in the City and in response to losses incurred due to the COVID-19 pandemic, the City shall provide an additional grant amount not to exceed Five Thousand and NO/100 Dollars ($5,000.00). The total amount payable to Grantee pursuant to the original Agreement and this Amendment shall be an amount not to exceed Five Thousand and NO/100 Dollars ($5,000.00). AMENDMENT - 3 - 3/2017 RETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY. ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: CARES ACT GRANT ROI,IND 2 6. NAME OF CONTRACTOR: SEOUL HOUSE 10 ADDRESS: 33325 12TH AVE SW, FEDERAL WAY WA 98003-6884 T ELEPHONE: (253) 320-4095 E-MAIL: KUMSTAGNER@YAHOO.COM SIGNATURE NAME: JIIM TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ( 2 000.00) (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, $ RETAINAGE: RETAINAGE AMOUNT: PROVIDED PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND ❑ PURCHASING: PLEASE CHARGE TO: _001-1800-990-518-1Q-490 Protect Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER 10 ERECTOR q-- Z4) Y 41 7.2 U ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION 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 /A L,.%@1VATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# COMMENTS: 1/2020 AN� Pedesl'1 a C{Tr HALL 33325 8th Avenue Scuth Federai Way, VVA 98003-6325 (253) 835-7000 atie;.s_ crtyoffe-deral.vaycon? CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH SEOUL HOUSE INC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Seoul House Inc, a profit corporation ("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: SEOUL HOUSE INC: CITY OF FEDERAL WAY: JI E KIM Ade Ariwoola 33310 Pacific Hwy S # 405, FederalWay, WA 98003 33325 8th Ave. S. Mailing address: 33325 12th Ave SW Federal Way, WA 98003-6325 Federal Way, WA 98023 (253) 835-2414 (telephone) (253) 3204095 (telephone) (253) 835-2509 (facsimile) kumstagner{)yahoo.com ade.ariwoola(a),cityotl'edemlway.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. 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 pad all taxes and government fees due up to the date of execution of this grant agreement; d) 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); 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 (clieck all that app Iv): 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, Experienced 10-50% lost revenue Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - 1 - CITY Federal 111 a CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 artivw crtyoffederalway, coin 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: 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. GRANT AMOUNT. 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 not to exceed Two Thousand and NO/ 100 Dollars ($2,000.00). 4.2 Aron-Aptrrapriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5. INDEMNIFICATION. 5.1 Grantee fndemnificat ion. 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 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 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 other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT - 2 - -N�kcFe Fde ra I Way ity CITY HALL 33325 8th Avenue South Federal Way. `!JA 98003-6325 (253)835-7000 .vs:vi Crfyoffedeial:vay Cosrt 5.3 City Itideinitilication. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 respect to any event occurring prior to such expiration or termination. 6. GENERAL PROVISIONS. 6.1 Interpretation and ,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, 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. 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 notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) 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 immediately upon occurrence shall not waive 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 interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be 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, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. CARES ACT BUSINESS GRANT AGREEMENT - 3 - c3rY OF �- Federal Way CITY HALL 33325 8th Avenue South Federal Way. VVA 58003-6325 (253) 835-7005 www cifyoflederafw-,7y com 6.3 Execution. Each individual 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 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: a I - /"11� Jim Ferre , ayor DATE: C� SEOUL HOUSE INC: By: Printed Name: 1 — I V1 Title: 0 - DATE: O � GL — CARES ACT BUSINESS GRANT AGREEMENT - 4 - 10/5/2020 < Business Lookup License Information: Entity name: SEOUL HOUSE INC Business name: SEOUL HOUSE Entity type: Profit Corporation UBI #: 603-591-830 Business ID: 001 Location ID: 0001 Location: Active Washington State Department of Revenue Location address: 33310 PACIFIC HWY S STE 405 FEDERAL WAY WA 98003-6884 Mailing address: 33325 12TH AVE SW FEDERAL WAY WA 98023-5301 Excise tax and reseller permit status: Secretary of State status: First issuance dat Endorsements Mar -31-2021 Endorsements held at this location License # Federal Way General Business 16 -101718 -00 -BL Soju Service 359154 Spirits/Beer/Wine Restaurant 359154 Service Bar Count Click here Click here Details Governing People May include y—L"p people not rc9bbred with Swetary ufStnre Governing people Title IGM, A E Registered Trade Names Registered trade names SEOUL HOUSE Status Active New search Back to results Status Expiration date First issuance dat Active Mar -31-2021 May -05-2016 Active Mar -31-2021 Apr -18-2016 Active Mar -31-2021 Apr -18-2016 The Business Lookup information is updated nightly. Search date and time: 10/5/202011:03:58 AM First issued Mar -08-2016 https://secure.dor.wa.gov/gteunauth/_/#31 1/2