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AG 20-276 - Heads Up Barber ShopCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV., ECONONHCjifV­ELQP-1ME:XT . ... ... . .... ORIGINATING STAFF PERSON: ..Tm,LjgHNsoN EXT: 2412 3. DATE REQ. ANIKOLOWN I NUX0 Ell 961:1 199KIGNi 1191eq 13 PUBLIC WORKS CONTRACT c SMALL OR LIMITED PUBLIC WORKS CONTRACT o PROFESSIONAL SERVICE AGREEMENT C1 MAINTENANCE AGREEMENT Ei GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CBG • REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUNIENTS) • ORDINANCE 0 RESOLUTION C1 CONTRACT AMENDMENT (AG #):_ DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT E: CARES ACT GRANT - ROUND 1 NAME OF CONTRACTOR: HEADS UP BARBER SHOP ADDRESS: 30620 PACIFIC HWY S, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 394-6892 E-MAIL: SUNGUZMAN1953@GMAIL.COM SIGNATURE NAME: GuzmAN GUZMAN TITLE: SEE ACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIF[CATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES C1 PRIOR CONTRACT/AMENDMENTS 10:1 Rkyj w"35 10T 1:1 U14015y 10i'Ll 8 TOTAL COMPENSATION S (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($ 1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0YEs XNO IF YES, MAXIMUM DOLLAR IS SALES TAX OWED []YES X NO IF YES,$,._ PAID BY0 CONTRACTOR 11 CITY RETAINAGE: RETAINAGEAmOUNT: --u RETAINAGE AGREEMENT (SEE CONTRACT) OR EIRETAINAGE BOND PROVIDE El PURCHASING: PLEASE CHARGE TO: 11. DOCUMENT/CONTRACT REVIEW L1 PROJECT MANAGER 9,DgtCTOR El RISKMANAGEMENT (IFAPPLICABI,-Z) El LAW EM= 0XV-133 I FIRM INITIAL/ DATE REVIEWED SCHEDULED COMMITTEE DATE:,--. SCHEDULED COUNCIL DATE: I I I COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: -- DATE RECD: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • 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 • LAW DEPARTMENT —SIGNED By LAW 07-218-20 � 1 (SIGNATORY (MAYOR OR EmEcTOR) CII-N.CLE. K 4,1-ASSIGNE-D AGS KNUMMU"II&V This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Heads Up, asole 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: U-NUMM, Sun Guzman 30620 PACIFIC HWY S FEDERAL WAY, WA 98023 LTIN CITY OF FEDERAL WAY: Ade Ariwooly 33325 8th Ave. S. I Federal Way, WA 98003-6325 1. 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 govermnent fees due up to the date of execution of this to a et n d) Grantee is not the recipient of other state or federal funding made available as a response tote 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). 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 I ) Due to COVID-19, Grantee business (check all that apply): Was required by state or local order to clos- • - orced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 74 �V_ �__ �MQ �Q CITY OF Federal Way CrT-Y HALL 33325 Std Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway, coin 2.2 Use of Funds: Granteeaffirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its designee upon request, 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. • SHU11 rFUTI&C d 6V71L L4 UIV MUM not to exceed One Thousand and NO/ 100 Dollars ($ 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 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, attomqy'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 onlig to the extent of the Grantee's negli-gence. Grantee shall ensure that each sub -Grantee shal*TX—Zar#K#W-M0#- 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 iiii" r-irrificwti•. 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 IAM 3 MR -Tom a C#TY OF 'N Federal Way CITY HALL 33325 8th Avenue SOUth Federal Way, WA 9800,1,6325 (253) 835-7000 wwwofyoffederalwaycurse workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further --2cknowledge that they have mutually negotiated this waiver. 5.3 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 mw�cnnected withA. is 1.Qree-rueTt-toWt�extent ,nti,. Jicej n 6-M 1PJ VAX, I I NP -14 0 11 [OURROM0 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. R 6.1 Inte, , 1- M,retation and Modifical . 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 fall 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. Failure or delav of the Citv to declare anv breach or default immedi t I occurrence shall not waive MR 111TALLA LIA-La 111%di-AL10 IT" 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 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 indemnifidation under Section 5 of this Agreement. 0TV OF CITY HALL 33325 Sth Avenue South 4S Federal Way, WA 98003-6325 A* Federal Way (253) 835-7000 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 sig�ed the same document. All such counterparts shall be construei together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produc@ 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. CITY OF FEDERAL WAY: ov� air Jim Ferrell, i DATE: HEADS UP: Y® Printed Name: Title: e DATE: 7/25/2020 eServices Wa,shdngton State Department of Revenue Servicps Business Lookup HEADS UP BARBER SHOP License Information: Entity name: STOVALL, SUN T Business name: HEADS UP BARBER SHOP Entity type: Sole Proprietor UBI #: 601-736-567 Business ID: 001 Location ID: 0001 Location: Active Location address: 30620 PACIFIC HWY S FEDERAL WAY WA 98003-4888 Mailing address: 30620 PACIFIC HWY S FEDERAL WAY WA 98003-4888 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 97 -104964 -00 -BL Governing People May include governing people not registered with Secretary of State Governing people Title STOVALL, SUN T Registered Trade Names Status Expiration date First issuance Active Sep -30-2020 Jan -27-2000 Registered trade names Status First issued HEADS UP BARBER SHOP Active Jan -31-2011 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 1:27:03 PM hftps://secure.dor.wa.gov/gteunauth/—,/#237 1/1