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Home My WebLink AboutAG 20-212 - Elevation CollectionTU "TO: TIM EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV. ECONQklPR_' _ DEVEL0PNiENT__, _ ORJG[NATJNGS'IAFFPERSOM TIMJOHNSON EXT: 2412 3. DATEREQ�BY. A AP o PUBLIC WORKS CONTRACT o SMALL OR LIMITED PUBLIC WORKS CONTRACT * PROFESSIONAL SERVICE AGREE NT o MAINTENANCE AGREEMENT * GOODS AND SERVICE AGREEMENT D HUMAN SERVICES / CDBG 1:1 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E. Ci BOND RELATED DOCUNENTS) * ORDINANCE Li RESOLUTION * CONT RACTAMENDN[ENT(AG#):_ o INTERLOCAL wpcyffl� ANTAGREEMENT * OTIIER CAPIL'FI,J,,q SAC'I'r,)S"B.USINESSSU�PPO PROJECT NAME: ROUND I . .... ...... IE lu NAME OFC(,).Nt"1'RACT0R,,` ELEVATI0NCOLLr_,CTi.0y"T ADDRESS: 33020 10TH AVE SW, #201, FEAT RAL'WAY, WA, 98023 E-MAIL: ELrLN'AY[ONI,,*�tlZ,,C-01,.I..Et-l']ON(',�C,,,I LC-,OKJ � 41 SIGNATURENAME. BEMLEM�Mi-ri-Y TITLE: SEE ATTACHED EXHIBITS ANT.) E3 Aj ATTACHMENTS:,E] SCOPE, WORK OR SERVICES E: COMPENSATION 0 INSURANCE RFQUIREMI�,NTS/CERT[FICATE OTHER REFERENCED EXHIBITS C PROOF OF AUTHORITYTO SIGN El RFQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS , TERM: COMMENCEMENT DATE: g .,— COMPLETION DATE� TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 (S 1,000,00) (IF CALCULATED ON HOUR UY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEESTITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: D YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: S PAID BY' El CONTRACTOR El CITY KETAINAGE: RETAFNAGE AMOUNT: M_ RETAIN AGE AGREEMENT 0EE CONTRACT) OR EIRETAINAGE BOND PROVIDE 0 PURCHASING: PLEASE CHARGE TO-, 0. DOCU'MENT/CONTRACTREVIEW 10tPJEECTNLAtNAGER ]RECTOR • RISK MANAGEMENT' (1rAPPLICABLE) • LAW 1. COUNCILAPPROVAL (IF APPLICABLE) 2. CONTRACT SIGNATURE ROUTING INITIAL/ DArE RFVIEN&ED SCHEDUI EDCOMMIMEEDArL: SCHEDUEED COUNCIL DATE: 1N1jTTAL/W_k-TH, FERQVEJ,) COMN11TU.rAPPROvAi..D,kTFL:,- COUNCIL APPROVAL DATE: * SENTTO VENDOR/CONT RACTOR DATE SENT: DATEREC'D' * ATTACH: SIGNATU-RE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS * CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support stair i I necessary and feel free to set notification more than a month in advance if council approval is needed.) R_J_TI6JW1 _1`PQ � 17i 1 A 1, IP )FPi'-U171'MENT to – -pyL )�,'0_7 2_'-_2_ G'N,VrORY (MAYOR OR DIRECTOR) > E) CITYCLERK 1-1 ASSIGNED AGY .OMMENTS: 42 04 2 1U CITY OF FOdaral V"y CITY HALL 33325 6th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwalyoffederalway-cons CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH ELEVATION HAIR COLLECTIO-V This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Elevation Hair Collection, 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: Jeanette Beasley 33020 10TH AVE SW, #201 FEDERAL WAY, WA 98023 (206) 945-9772 (telephone) Ade Ariwoola 33325 8th Ave. S. Federal Wi!y, WA 98003-6325 ("253) 835-2520 (telephone) "253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions iescribed herein. 2. CONDITIONS OF GRANT 2.1 Warranties, The Grantee warrants the following, is are pre -requisites for grant eligibility: a) Grantee operates a business physically located within the political boundaries oft e City of Federal Way; b) Grantee maintains a current City of Federal Way business license c) Grantee has paid all taxes and govermnent 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 pandemic 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): 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 E] Experienced 10-50% lost revenue L*4 Experienced over 50% lost revenue CITY OF Eti Federzi Vft CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www, WyoffederaMny com ® 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 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 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 One Thousand and NO11 00 Dollars ($ 1,000.00). 4.2 Non-Appro riation 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. 5.1 Qr . 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 indemni its elected officials officers em3LQ- p� agents 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 inderrmification. 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 finther CITY OF C17Y HALL 33325 Sth Avenue South Federal Way Federal Way WA 98003-6325 VMIMW� (253) 835-7000 www Myoffederalway cart acknowledge that they have mutually negotiated this waiver. 5.3 CL I Li_. 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 ex%enses to or b4i ann and all (cersons or entities, inelluding without limitation, thliiir�mv-;M"ee agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissionsof 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 lntaprotatibL I _�Arll:i 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 Vil-I&I-X "'IT10 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 Washingion. If the Parties are unable to settle anp-d �-i 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 t have furisdictio ver such a suit, then suit ma?i be filed therAc 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 ex# crises incurred in defending, or bringing. such claim or lawsuit including a111Lg&jg1g,11gdd1tgg&1t&giL "ther 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee CITY HALL 33325 Sth Avenue South Federal Way VVA 98003-6325 (253) 835-7000 wwwcityoftederalway.com 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 is shall be the "date of mutual execution" hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. ELFV� Y . B . _ Printed Name: Jeanette Beas1c;j 1M. Title: Owner 7/2412020 eServices Washinqt,,.,,,n State, Dej,.,��.,irtrnent of Services Business Lookup, ELE%IATION COLLECTION License Information: New search Back to results Entity name: BEASLEY, JEANETTE STARR Business name: ELEVATION COLLECTION Entity type: Sole Proprietor UBI #: 604-557-588 Business ID: '001 Location ID: 0001 Location: Active Location address: 33020 10TH AVE SW UNIT Z201 FEDERAL WAY WA 98023-5716 Mailing address: 33020 10TH AVE SW UNIT 2201 FEDERAL WAY WA 98023-5716 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuancE Federal Way Home Occupation Active Jan -31-2021 Jan -27-2020 Business Governing People May Include governing people not registered with Secretary of State Governing people Title BEASLEY, JEANETTE STARR Registered Trade Names Registered trade names Status First issued ELEVATION COLLECTION Active Jul -01-2020 ELEVATION HAIR COLLECTION Active Jan -14-2020 https:/Isecure.dor.wa.gov/gteunauth/—/#335 1/1