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Home My WebLink AboutAG 20-748 - Lux & AssociatesRETURN TO: Tim Johnson EXT: 2412 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY, ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEM[ENT El MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG 1:1 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACT AMENDMT-NT(AG#): 1:1 INTERLOCAL * OTHER CARES ACT FUNDS BUSINI S SUPPORT GRANT AGREEMENT 5. PROJECT NAME: CARES ACT 9&,kNT tIND R O2 6. NAME OF CONTRACTOR: LUX & ASSOCIATES PS ADDRESS: 2716 ELLIOTT AVE# 1002, FEDERAL WAY WA 98003-7051 T ELEPHONE: (253) 838-2936 E-MAIL: mLux@LuxcpAs.com SIGNATURE NAME: MO LUX TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 11 COMPENSATION 11 INSURANCE REQUIREMENTS/CERTfFICATE El ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN F-1 REQUIRED LICENSES El PRIOR CONTRACT/AlMENDMENTS 8. TERM: COMMENCEMENT DATE: SEE ATIACHEDAgREEMEN:�'_',-, COMPLETION DATE: 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND N01100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: I--] YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: --E] RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED El PURCHASING: PLEASE CHARGE TO:001-1800-990-518-10-490 Pro ect Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INI AL / DATEAPPROVED D- PRO O%�',,CT MANAGER r,ll-L ECTOR El RISK MANAGEMENT (IF APPLICABLE) 0 LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 0 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 CREATE ELECTRONIC REMINDER/NOTIFICATION 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.) INITIALl DATE SIGNED � 0 A ARTMENT N/ LA (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# AG# COMMENTS: 1/2026-- city of: Federal Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 8-i5J000 CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH LUX & ASSOCIATES, PS This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Lux & Associates, PS, 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: so MONNALUX 918 S 348th St # A, Federal Way, WA 98003-7051 Mailing address: 2716 Elliot Ave # 1002, Seattle, WA 98121-3513 W_ TARM "IMP-07MM R_ I TtiluxaJuxcnas.corn .................... 1 11,� .. .... . ..... 1� ............. r Ade Ariwoola 33325 8th 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 conditions described herein. ANNE r 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 (check all that apply): Was required by state or local order to close Was forced to lay off employees due tore ce patronage Incurred over $ 1,000 in COVID- 19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds; Grantee affirms that grant fimds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment city OF A Federal Way CITY HALL 33325 9th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwc�4,ofk&l�,,Mvmy Cum 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 ftinds 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 NO/I 00 Dollars ($ 1,000.00). 4.2Non-AP , ro ,,riation ® 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. I --i-EM-1-11 5.1 Qranf66 The Grantee agrees to release indemnify, defend, and hold the City, its WPITMA= TM777"11-1-l"I - - TV76TTMIM. 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 9s sole negligence. Should a court of comv-etent 'urisdiction determine that this A2,iyeement is sub,ect 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 e2gh tj, i4sk-4- 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 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. 53 Q The City agrees to release, indemnify, defend and hold the Grantee, itxl CITY 0� CITY HALL 33325 5th AvenUO South Federal Way Federal Way, WA 98003-6325 (253) 836-7000 COM 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 ments licensees, or re rcsentatives ansuig. from resultin, onnected with this Agreement to the extent i i i ' ' i from or c 5.4 Survival. The provisions of this Section shall survive the expiration or tennination of this Agreement with respect to any event occurring prior to such expiration or termination. 6.1 hiterbittAtion Mid k1odilka(ion, 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 EMbreemerit. 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 yxevQ!m0* the addrftss set forth 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 r IF 1111111 1 1 1 6 1 1: Ili 11 Jell 11 mc -C lut Liu V;L11Cr7L]!yl*Pl1LLC U*Rrt 11 Washingon. 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 exnenses uccuai ii defendini or brinin such claim or lawsuit includini all weals, in addWon ti aii "-- MUMI-1-011i T1 d'ITUrIL pv'rutem, VJ' IdITY9 ps"TI&Q-L, 11TTIOVC17, 1141LIMIS ill U11:5 pay*�wwpll slidil VC Utllbtrtof"" M11h. Ulu Parties' rights to indemnification under Section 5 of this Agreement. 63 gxecutioh. 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 xecutid in aw iumber of counti i n-tisielaih Mfwlich ijajj�,j erni. i CITY or, Federal Way CITY HALL 33325 Sth Avenue .-o uth Federal# ti# together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produci; one such coVnterpart.signature and acknowledgment pages from it • .: /. 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 q counterpart of this Agreement shall be the "date of mutual execution" hereof. [�l�,.iY7� ®_ n --l'- - Printed e Title: l DATE: • •. State Department of Services Business Lookup LUX & ASSOCIATES PS IM7.711T".1 Entity name: LUX & ASSOCIATES, P.S. Business name: LUX & ASSOCIATES PS Entity type: Professional Service Corporation UBI #: 601-847-234 Business ID: 001 Location I: 0002 Location: Active Location address: 918 S 348TH ST STE A FEDERAL WAY WA 98003-7051 Mailing address: 2716 ELLIOTT AVE APT 1002 SEATTLE WA 98121-3513 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Federal Way General Business 07 -102820 -00 -BL New search Back to results Details Status Expiration date Active Jan -31-2021 Governing People May Include governing people not registered with Secretary of State Governing people Title LUX, MONNA View Additional Locations The Business Lookup information is updated nightly. Search date and time: 8/24/2020 9:58:54 AM