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AG 20-272 - Jonathan NguyenEXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATINGDEPT./DIV.RL ECONTOMILDEVE — ------ ---- --- . ORIGINATING STAFF PERSOM . TM— —­�­;­-­­ EXT: 2412 3. DATE REQ. BY ASAP a KNO) 06 11 tqxqj I Lgi 0 611 a NJ Zvi I M 011 it: 110 a I g I m agAng j a - 13 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENIANCEAGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT o SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE 0 RESOLUTION • CONTRACT AMENDMENT (AG#):_ ElINTERLOCAL • OTHER C SACT FttNDS NES BUSIPI"ORT GRANTAGREEMENT �S SU ­­----.-­­ . . . . .......... . .... . ...... . ..... PROJECTNAME: CARES ACT G,P,.Aiii '-ROUND I NAME OF CONTRACTOR: HAPPY CUTS LLC 'r'jd11d�AA 06'ovew ADDRESS. 32700 PACIFIC HWY S, #1, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 670-9098 E-MAIL: FANCYJONN@YAIiOO.COM SIGNATURE NAME: NGUYEN NGUYEN TITLE: SEE ATTACHED EXH113ITS AND ATTACHMENTS: Ll SCOPE, WORK OR SERVICES M COMPENSATION D INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTYEVIZEFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN EJ REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE&7ljACqE REEMENT COMPLETIONDAT TOTAL COMPENSATIOONE THOUSAND AND NO1100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: E]YES XNO IF YES, MAXIMUM DOLLAR IS SALES TAX OWED El YES X NO IF YES, PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAFNAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND.. i E J, El PURCHASING: PLEASE CHARGE TO, 001-1800-990-518-10-490 P-rqjtqtCode# 267662-25060 0. DOCUMENT/CONTRACT REVIEW INaIAL Djkl'E REVIEW11) INITIAL DATEAPPROVED 0 PROJECT MANAGER s�6iRECTOR ate. ..... .. El RISKMANAGEMENT (MAPPLICABLE) 0 LAW I. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED Commi=F- DATE: Commn-IEF- APPROVAL DATE:-, . .. . . ...... . ..... SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: W403 RKT-NCIMIZENVIRIA • SENT TO VENDORICONTRACTO R DATE SENT: DATE REC'D:---------­""-'-' • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDERfNOTIFICATION 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 11 LAW DEPARTMENT IGNATORY (MAYOR OR DIRECTOR) • CITY CLERK • ASSIGNED AG# 1/2020 CA IVO' aploederal ,„ C A B Y HALL 33325 801 Aventie South Federal Way, VV 98003-6325 (2 53) 5-700 CARES ACT FUNDS BUSINESS SUPPORT r AGREEMENT WITH JONATHAN NGUYEN This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation and Jonathani` liability company.. The City and Grantee it _ .. • � .. � .� i . `X � i ii t r! ' •` .Mi k !" � i i ,; i .i .i underAgreement: i l l i t KI d I/ I t I if Ade Ariwoola 33325 th MAve. S. i Federal ` i �� i - it • INNM 1• i 1. TERM. This agreement contemplates a one-time grant of fundsi the Grantee under the conditions described 1111 UNKIf '. 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 'i t Grantee maintains a current City of Federalbusiness c) Grantee has paid all taxes and governinent fees due up to the date of i of grant agreement; Grantee is not the recipient of otherto or federal fundingmade available as a response o t - 19 pandemic; Grantee's business employs no more than the equivalent o ten (10) full-time employees ( man-hours o or all employees per year); Grantee's net revenues o not exceedore .5 million per year; Grantee does not operate as a tax-exemptbusiness as defined by the InternalRevenue Service; } Due to COVID- 19, Grantee business (check a apply): E] Was required state or local order to close Was forced to lay off employees due to reduced a on e °°.Incurred over $1,000 in COVID-19related expenses Experienced 1-5% lost revenue 0 Experienced over % lost revenue -- ctry OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www ritvoffederahwty com 2.2 Use of Funds: Grantee affirins that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities c) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. I 1 1111 if �� It'll 1111!! 1111 �NMI 4110-111 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). ww's #�A irgLoi Irm if 14our.) wilt, _aj I . - 91 U 210 19111 1 1 5.1 ira"Ut I ion. The Grantee agrees to release indemnify, defend, and hold the City, its elected officiaJs, 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 for J,?.t -,mntlij if e cl s I)s liv d UU VXIL 01 WILIJIULCHLJ WISUIUIL"11 UCLU1111111C KIUL LIIIS IS SUQJUUL LO IM-, 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 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 limitztion on *e amount of X'sp-tiCt, *17,k i - �_% �61 !1Z �L CITY OF a Fe d e rca I W y 49�z- CITY HALL, 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 compensation acts, disability benefit acts or any other benefits acts or programs. The Parties ftirther acknowledge that they have mutually negotiated this waiver. 5.3 Q �_ 11. The City agrees to release, indemnify, defend and hold the Grantee, its officers- directors- sharehol ers.. employees, agents- r(-,presentativ-e� and subcontractors harmless from any and all claims, demands, ions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabties, 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, #A&TW&aW- 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 terinination, I IN ER ff V "i If I 6.1 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 [crovisions shall remain in full force and effect. N. 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 iosted in the United States mail shall be deemed receiveg three I vmMter 6! 1 d"ilgilig. liwim & 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 loptions- and the same -vl I of the Cit1ki to declare an -p breach or iih&ault immediatel Failure of the City to declare one breach or default does not act as a waiver of the City'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 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 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, CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 CITY OF Federal Way CITY HALA 33325 Othenue South FederaIl WWA 98003-6325 (253) 835-7000 I,vww,atvofWerahvay.c,om however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. MR ON Vp V 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 6e it III 1 11 1 3 -pplill -.11110111! IN111111111 I A 111 I'll'! IFTIR III IN!! 11 !111 7111 1 am3mmum= CITY OF FEDERAL WAY: 000 Ji Trel 1, Mayor ......,.......w_... JONA,THI4A ENY: By: EN Printed Name: Title: DATE: 'vA'a hinytt:in 0v e 1`4 k Look""�p HAPPY G New search Back to results Entity name: HAPPY CUTS LLC Business name: HAPPY CUTS LLC Entity type: Limited Liability Company U81 111: 602-837-608 Business ID: 001 Location ID: 0001 Location- Active Location address: 32700 PACIFIC HWY S STE I FEDERAL WAY WA 98003-6446 Mailing address: 32700 PACIFIC HWY S STE I FEDERAL WAY WA 98003-6446 Excise tax and reseller permit status: Click here Secretary of State status; Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuancE Federal Way General Business 18 -104816 -00 -BL Active Aug -312020 Nov -09-2018 Governing People may include governfng podere not reodbrod wfth secretary of State Governing people Title NGUYEN, JONATHAN TAN WONG Working together to fund Washington's future http&-//secure.dor.wa.gov/gtounauth/—,/#225 III 7/25/2020 Was,hington State Departr ent c)f Reveriue — �c es Business Lookup HAPPY CUTS LLC License Information: Entity name: HAPPY CUTS LLC Business name: HAPPY CUTS LLC Entity type: Limited Liability Company IJBI #: 602-837-608 Business ID: 001 Location ID: 0001 Location: Active Location address: 32700 PACIFIC HWY S ST E I FEDERAL WAY WA 98003-6446 Mailing address: 32700 PACIFIC HWY S ST E I FEDERAL WAY WA 98003-6446 Excise tax and reseller permit status: Click here Secretary of State status: Click here eServices New search Back to results Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance Federal Way General Business 18 -104816 -00 -BL Active Aug -31-2020 Nov -09-2018 Governing People May include governing people not registered with Secretary of State Governing people Title NGUYEN, JONATHAN TAN WONG The Business Lookup information is updated nightly. Search date and time: 7/25/20201:23:24 PM zzm��� https://secure.dor.wa.gov/gteunauth/­,/#225 111