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AG 20-441 - Richelle's StudioTIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV-.—ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TM JOHNSON EXT: 2412 3. DATE REQ BY:, ASAP, --,-- TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LEMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT D GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG 11 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G, BOND RELATED DOCUMENTS) 11 ORDINANCE El RESOLUTION El CONTRACT AMENDMT-NT (AGft__ El INTERLOCAL X OTHER CARES ACT FUNDS BUS T PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: RICHELLE'S STUDIO ADDRESS: 33625 9TH AVE S, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 468-2969 E-MAIL: RICHELLE.KUUU@GMAIL.COM SIGNATURE NAME: Kuuu Kuuu TITLE: SEE ACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 13 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS A TERM: COMMENCEMENT DATE:; SEE ATTACHED AGREEMENT COMPLETION DATE - TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($ 1,000.00) (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 0 YES X NO IF YES, $_ PAID BY: El CONTRACTOR El CITY RETAINAGE: RETArNAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR [I RETAINAGE BOND PROVIDE 0 PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW 0 PROJECT MANAGER 1:1 DIRECTOR El RISKMANAGEMENT (IF APPLICABLE) El LAW INITIAL / DATE REVIEWED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCIIEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: D SETIT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D'--,' El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS L1 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.) INITIAL/ DATE SIGNED L] LAW DEPARTMENT _aLGNI�D BY LAW 07-28-20 11 CITY CLERK 2 ASSIGNED AG# 1/2020 L AG# This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Richelle's Studio, 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: INU410MINN" Richelle Ku1ju 336259 th Ave S, Federal Way, WA 98003 Mailing address: 1220 NE 61st St, Seattle, WA 98115 k st'"Or-i I r-MaRl I I I, Iffou I I I I MV -4) I UIOT_X.1�1 0 V 33325 8th Federal Way, 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 described herein. 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 is not the recipient of other state or federal funding made available as a response to the COVID- 19 pandernic 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 E] Incurred over $ 1,000 in COVID- 19 related expenses E] Experienced 10-50% lost revenue ,W Experienced over 50% lost revenue fflmm�� I MEMO VIVO I III I m I � 1 1111 1 111 111 - 1 0 a - CITY OF CITY HALL 33325 8th Avenue South Fe d e ra I Wa y Federal Way WA 98003-6325 (253) 835-7000 www cjtyoffedera1wqy corn 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. nagl 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 amoun) not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 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 �Otallttd 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 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 Ins—g- -_ A -, . 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. caly Of Am* Veral Woy CITY HALL 33325 8th AvenUeSOUth Federal Way, WA 98003-6325 (253) 835-7000 mvvv. cit.voffedeaqhvqv coo 5.3 City hidgMEification. 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 expenses to or by any and all persons or entities, including without limitation, their respective aients licensees, or representatives, arising, from resultim fr in or WTJTCQted.-W--rtLA . iiiii ') - 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 h1tqMtq!pton and ModifleatJ . 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. F It i 1,fl )',t� ( 1 if'16 Coe"? AL-* -1111J, a:s a Wd1Vcr--*ri L11C %-Ity 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 ng 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, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 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 4! CITY ITY HALL 33328 8th Avenue oath Federal Way., WA 98003-6325 Federal Way (283) 838-7000 Agreement r`,, be executed in any i'` of counterparts, each of r j be deemed an original • . • with effectthe same . r Parties i •i signed . • . ysuch counterparts _it shall moi_ • .i togethertogether and shall constitute one instrument, but in making proof hereof it shall only be necessary to producfi one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled • form a single instrument•' f f is all pages of Agreement ♦ • complete . of signature • f acknowledgment pages. ` date i tn which the last of all of _. Parties have executed a counterpart of Agreementbe the "date of execution" hereof. FN WITNESS, the Parties execute this Agreement below, date written below. CITY OF FEDERAL WAY- V— Jim Ferrell, Mayor IC LL' STUDIO: AI Y.. �...� Printed Name, LA ZS=k 6 �-, k<—, V Title: ATE: CARES ACT BUSINESS GRANT AGREEMENT -4- CITY OF A4� Federal Way Centered on Opportuny MR201M 74- R1 W ".. MrIMI Khlll� 446147.1-11MV-1VANy-11 MOON MAYOR'S OFFICE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2400 www cityoffederalway com Jim Ferrell, Mayor Congratulations! Your application for the City of Federal Way's Small Business Assistance Grant (2-V/19) has been approved for $1000.00. Enclosed is a grant contract for your review and signature. Upon signature please place in enclosed ?ddressed envelope and return with postage to the City for processing. Upon receipt, the City will process a check to your business. Should you have any questions, contact the City of Federal Way's Small Business Assistance Grant hotline at 253-835-2414. We are committed to helping businesses like yours! Should you have any questions on business issues or on the economy, please contact our Director of Economic Development, Tim Johnson at 253-835- 2412. We're all in this together. Congratulations again. Best Wishes! Jim Ferrell Mavor 7/25/2020 Washington State Deparb-nent of Revenue Services Business Lookup RICHELLE'S STLJD�0 License Information: "11 N New search Back to results Entity name: KULJU, RICHELLE B Business name: RICHELLE'S STUDIO Entity type: Sole Proprietor UBI #: 602-602-420 Business ID: 001 Location ID: 0002 Location: Active Location address: 33625 9TH AVE S FEDERAL WAY WA 98003-6705 Mailing address: 1220 NE 61ST ST SEATTLE WA 98115-6712 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date Federal Way General Business 06 -101986 -00 -BL Active Apr -30-2021 Governing People May include governing people not registered with Secretary of State- Governing tateGoverning people -Title KULJU, RICHELLE B Registered Trade Names Registered trade names Status First issued RICHELLE'S STUDIO Active Apr -09-2006 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7125/20204:13:20 PM EMMESsam- https://secure.dor.wa.gov/gteunauth/—,/#257 1/1