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Home My WebLink AboutAG 20-852 - Shun CompanyRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPM ENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON 'EXT: - 2412 - 3. DATE REQ. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDG • REAL ESTATE DOCUMENT D SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 11 RESOLUTION * CONTRACT AMENDMENT (AG#):_ El INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORTGRANT AGREEMENT 5. PROJECT NAME: CARES ACT GRANT - ROUND 2 6. NAME OF CONTRACTOR: SHUN COMPANY (ftAYUMMY�,GREl? .F,� ADDRESS: 1935 CommoNs S #E-24, FEDERAL WAY WA 98003 T EL ONE: (253) 839-8597 E-MAIL: EDISONKYO@HOTMAIL.COM SIGNATURE NAME: BING XU TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES El COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL I OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: L1 CONTRACTOR 11 CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 10. DOCLTMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 13 PROJECT MANAGER M-DTRh-CTOR At> 0 RISKMANAGEMENT (IFAPPLICABLE) El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:___ SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING El SENT TO VENDOWCONTRACTOR DATE SENT: DATE REC'D:- 11 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERINOTIFICATION 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 OZ LADEPARTMENT 7 W 4, Ei CITY CLERK Ei ASSIGNED AG# AAG# 3NATORY (MAYOR OR DIRECTOR) ,W7 COMMENTS: -4� 1/2020 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwotyoftedenowayrom CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH SHUN COMPANY This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Shun Company, 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: UMNINK-l"I �31 .1 M61 B11GBING XU 1935 S Commons FEDERAL WAY, WA 98003 Mailing address: 2140252 nd Wy S, KENT, WA 98032 Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditiorv! i-escribed . . 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 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 Service; g) Due to COVID- 19, Grantee business(�J�ieck all �tliat a�jy): N Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue E] Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - I - 7/202* CITY OF CITY HALL 33325 Sth Avenue South A4% Federal Way, VVA 98003-6325 Federal Way (253) 835-7000 www cilyoffederaiway. cora 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. AEG 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses shrh-vffmi&-&-want to the Grantee in an amount Wri -II.W6,04 e K111 at 4.2 Non -Appropriation 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 Grantee Indemnification. 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 •, by any and all persons • entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the perforinance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a • of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out • •ii injury to persons or damages to property caused • •' 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 • any limitation on the amount of damages, compensation • benefits payable :• • •' any third party under CARES ACT BUSINESS GRANT AGREEMENT -2- 7/202M City br Fi�deral coy CITY HALL 33325 Seth Avenue South Federal Way., WA 98003-6325 (253) 835-7000 wivw cityoffederalway com workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Mdemnificatioft. 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, ttw-116wlg�"Imtkoliryi-T�ntatives,, arising from, resultin from or connected with this Agreement to the extent solel3r 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 =d 4odification. 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. wil PM recovery or awar 1114,111L Urkta-axtllsfl, �T fflm"7777- Parties' rights to indemnification under Section 5 of this Agreemeni. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/202M CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 w rityeffederalway coo 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 counterparL The signature and acknowledgment is 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 execution7 hereof. DATE: DATE: x'0/6/. CARES ACT BUSINESS GRANT AGREEMENT -4- 712020 9/29/2020 Washington State Department of Revenue < Business Lookup Entity name: SHUN COMPANY Business name- YUMMY CREPE Entity type: Profit Corporation UBI #: 603-020-332 Business ID: 001 Location ID- 0004 Location: Active Location address: 1928 S COMMONS STE E24 FEDERAL WAY WA 98003-6013 Mailing address- 21402 52ND WAY S IC.EIIT WA 98032 -1322 - Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location Liceme 4 Count Details Federal Way General Business 12 -105250 -00 -BL Governing People Myi.rI.d.governing p-pl. not registered with S—.WyofState Governing people Title XU, BINGBING Registered Trade Names Registered trade names Status YUMMY CREPE Active View Additional Locations New search Back to results Status Expiration date Fh-st issuance dal Active May -312021 Nov -21-2012 First issued Apr -11-2011 https://secure.dor.wa.gov/gteunauth/,/#49 1/2