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HomeMy WebLinkAboutAG 20-754 0 Master Hair CareTURN 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 REQBY- AsAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION CSC NT (E.G., RFE, RFP, RFQ) 0 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 1-1 HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT (AG #):_ El INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECTNAME:- CARES ACrGRANTI;;;;�!) 6. NAME OF CONTRACTOR: MASTER HAIR CARE, INC. ADDRESS: 2016 S 320TH ST # G, FEDERAL WAY WA 98003-5445 T ELEPHONE: (425) 442-3196 E-MAIL: EUNSIL 44@HOTMAUi .COM SIG NATURENAME: EUNSIL PAI K TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICESD COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE OALL OTHER REFERENCED EXHIBITS OPROOF OFAUTHORITYTO SIGN D REQUIRED LICENSES 11PRJORCONTRACT/AMENDMENTS 9. 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: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 11 YES X NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: TA AGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED El PURCHASING: PLEASE CHARGE TO: — 001-1800-990-518-10-490 Project Code #,267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL DATE APPROVED �F -IP JECT MANAGE IE RIECTOR r o-7-2,0 El RISIS MANAG EMENT (IF APPLIC ABLE) D LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CMNUTTEE DATE:.-- CONINTITTEE APPRovAL DATE: SCHEDULED CouNcit, DATE: CouNcIL APPRovAL DATE: 11 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXH113ITS 1:1 CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. supports if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED �DLA EPARTMENT G "NATo RY (MAYOR, OR DIRECTOR) 11 CITY CLERK El ASSIGNED AG# AG# 20-754 CCS NTS: no CtTy 4F v;tW FFOderal VOY CITY HALL 33325 8th AvenUe South M4,46m CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENJ WITH MASTER HAIR CARE, INC. This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Master Hair Care, Inc., a Washington 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: MASTER HAIR CARE, INC.: CITY OF FEDERAL WAY: EUNSIL PAIK Ade Ariwoola 2016 S 320th St # G 33325 8th Ave. S. FEDERAL WAY, WA 98003-5445 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (425) 442-3196 (telephone) (253) 835-2509 (facsimile) eunsi otmail.com ade.ar'wonlacit �offed�eralwa =corn_ The Parties agree as follows-, ® 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'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 COVIN- 19, Grantee business (gheck all that apply) - 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 - I - city OF k 1 d , tax4y CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 4 4v.cityoffedet,�ii4i,Eilycoiii 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. 4.1 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 Non-Awronriation 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 ,,,greement. M �WWJQ1019114 5.1 gfdft� I g&� 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 comIcetent �urisdiction detKsutiiice that W-4 _wz;e-"1,74 ilv4m event of liability for ilamages 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 Jhdii�ttigfl 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. VM MEMO a �V TY OF� OA� domil W�y CITY HALL 'South 33325 Sth Aveinue Fjg&j [;I 111p� 5.3 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 . . 4ation exlenses to or bij anki and all -,tersons or entities-, includin- without 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. 6.1 ImOrbrOt4da and Mbd&p&a. 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 Ehf4rcernent. 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 Citw to declare one breach or default does not act as a waiver of the Citg7s 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 Washing -ton. If the 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 jurisdon 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 ,ii"als, 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- CITY HALL 33325 8th Avenue South Federal Way, WA 98003-63 (253) 835-7000 k,vww cOyoffederalway corn 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 construett 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 ? 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, Jim Fdiry6ll, Mfvor f MASTE HAIR CARE, INC.: By: Printed Name: _Ze 615i Title: DATE:--Z�1�61> Washington State Department of Revenue Business Lookup r11r-Tr"71= Entity name: MASTER HAIR CARE, INC. Business name: MASTER HAIR CARE, INC. Entity type: Profit Corporation UBI #. 602-626-451 Business ID: 001 Location ID: 0001 Location: Active Location address: 2016 S 320TH ST STE G FEDERAL WAY WA 98003 Mailing address: 2016 S 320TH ST STE G FEDERAL WAY WA 98003-5445 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Federal Way General Business 05 -100065 -00 -BL Active Governing PeopleM, &.W. pMbW peopk 1W Mq1.Vd fth S—Wry qfSW. Governing people Title PAIK, EUNSIL Registered Trade Names Registered trade names Status MASTER HAIR CARE Active The Business Lookup information is updated nightly. Search date and time: 10/7/2020 11:14:01 AM Contact us How are we doing? Take, our survey! New search Bar k to results Expiration date First issuance date Jun -30-2021 Mar -17-2005