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AG 20-453 - Salon InaRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV. ECONOMIC DEVELQ FNT� ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE Q. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT EI MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 11 HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 11 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACT AMENDMENT (AG#):_ El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME:_ CARES ACT GRANT--f:QlA'� Q I NAME OF CONTRACTOR: SALONINALLC ADDRESS: 32921 1 STAVES, #C, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 344-9470 E-MAIL: LROGERS.SALONINA@GMAIL.COM SIGNATURE NAME: ROGERS ROGERS TITLE: SEE ACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS I 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: 1:1 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES, $ - PAID BY: 1:1 CONTRACTOR 13 CITY RETAINAGE: RETAfNAGEAmoUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE 11 PURCHASING: PLEASECHARGETO: 001-1800-92Q--51�--!,Q--49-0,--P–r-oject —Code# 26766Z --.Z5-060.------; 0. DOCUMENT/CONTRACT REVIEW 0 PROJECT MANAGER El DIRECTOR El SK MANAGEMENT (IF APPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING E3 SENT TO VENDOR/CONTRACTOR. DATE SENT: DATE REC'D: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS E] 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 El LAW DEPARTMENT SIGNED By LAW 07-28-20 El SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK , 13 1 luw E3 ASSIGNED AG# AG# 'OMMENTS: 1/2020 CITY Of A 1%.., F6dera I VWk Y CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffedeTalway com CAIWKS ACT FJr1_1S ETTI_eTil WITH SALON INA LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Salon Ina LLC, a limited liability company ("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: Luanne Rogers 32921 1 ST AVE S, #C, Federal Way, WA 98003 Mailing address: 6826 20' St E, #B6, Fife, WA 98424 (253) 344-9470 (telephone) Irogers.salonina@grnail.com V Ade Ariwoola 33325 8th Federal Way, WA 98003-63n (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. 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 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-1,-Gr toe 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 $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CITY OF CITY HALL Alft 33325 Sth Avenue South OM NN � Federal Way Federal Way. WA 98003-6325 %k=P1 (253) 835-7000 wives cityoffederahwiy cam a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 yandemic- the Citl,, shalLyrovide a not to exceed One Thousand and NO/1 00 Dollars ($ 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. MINNFE��� V ump 5.1 'Grantee hidemniffi cation. 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 indemnificmw�c. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the GranteFiio 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. CITY OF Fbd6ral My CITY HALL 33325 8th Avenue South Federal Way WA 98003-6325 (253) 835-7000 wim cityoffederalway cora 5.3 Cily 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 agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely 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 Immikation and Modifkation. 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 f�rovision, 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 addressc set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of tf notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notic so posted in the United States mail shall be deemed received three (3) days after the date of mailing. A . An remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall I cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City t insist upon strict performance of any of the covenants and agreements contained in this Agreement, or t exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waivt or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force &-91 effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waiv such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City , right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted i accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference c claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall b by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King Count3 Washington, unless the parties agree in writing to an alternative process. If the King County Superior Coui does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King Count) Washington. Each party consents to the personal jurisdiction of the state and federal courts in King Count) Washington and waives any objection that such courts are an inconvenient forum. If either Party brings an, claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees am' expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any othe recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed t( 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 CARES ACT BUSINESS GRANT AGREEMENT -3- Federal 4 CITY OF CrrY HALL. 33325 6th Avenue South Federal Way, WA 6003-6325 (253) 335-7000 www city offederatway com Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if . ll 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 this Agreement shall be the "date of mutual execution" hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. Ji Ferrell, Mayor ATE: LIN Em a GRANTCARES ACT BUSINESS -4- CITY OF Fbderal Way Cf,,?ntered on Opport,uni'�y mulmom Luanne Rogers SALON INA LLC 32921 1ST AVE S STE 4 I MAYOR'S OFFICE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2400 www cityoftederalway G" (?m Jim F,rreff, Mayor CongratuFaTI-0—nSIF-Tour application or e - y o ecleral I'lay'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 addressed 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 Graaj 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. =- iMF1 Best Wishes! Jim Ferrell Mayor Waslhinqto,ni State Departnnerti', of RevenL,41�� 8,ervices Business Lookup SALONINA License Information: Entity name: SALON INA LLC Business name: SALON INA Entity type: Limited Liability Company UBI #: 603-522-833 Business ID: 001 Location ID: 0001 Location: Active Location address: 32921 1 STAVES STEC FEDERAL WAY WA 98003-2609 Mailing address: 6826 20TH ST E UNIT B6 FIFE WA 98424-3516 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 18 -106043 -00 -BL Governing People May include governing people not registered with Secretary of State Governing people Title ROGS, LUANNE D Registered Trade Names New search Back to results Status Expiration date First issuancE Active Jul -31-2021 Jan -03-2019 Registered trade names Status First issued S R NIT Active Jul -20-2020 SALON INA Active Jul -14-2015 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 4:23:12 PM https://secure.dor.wa.gov/gteunauth/­,/#301 111