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AG 20-213 - Dotne Hair BraidingRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE Q. BY: ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMINT (E.G., RFB, RFP, RFQ) E] PUBLIC WORKS CONTRACT D SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT E] GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE El RESOLUTION El CON -IRACTA MENDMENT(AG#): El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT - ROUND I; --- NAME OF CONTRACTOR: DOT NE HAIR BRAIDING ADDRESS: 1414 S 324TH ST, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 939-0816 E-MAIL: DOTNEHAIRBRAIDING@GMAIL.COM SIGNATURE NAME: ELISHA MUNDO TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE:'SEEArTAcHEDAGREEmENT _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: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: 13 CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: --.-El RETAINAGE AGREEMENT (SEE CONTRACT) OR El R-ETAINAGE BOND ROVIDED Iff PURCHASING: PLEASECHARGETO: 001-1800-990-518-10-4)0, Project)C0de4267662-Z506Q 0. DOCUMENT/CONTRACT REVIEW 0 PROJECT MANAGER 7 5LYCTOR El RISKMANAGEMENT (IFAPPLICABLE) El LAW A I 1001 V 11AX411MI"a-VINXIC3 'All a INITIAL DATE REVIEWED SCHEDULED CONINUTTEE DATE: SCHEDULED COUNCIL DATE: INITIAL1 DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE - El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 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 0 LAW DEPARTMENT OCAS SIGNED AG# 1/2020 AG/ CITY OF AN Federal Way WITH DOTNE HAIR BRAIDING CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wWWCd),vfWemP,rwq�', coin 1 81111111,11 #—AM=ffjV..1 [molls 11 OWN )# -1 '-farties"Falre located and clo, business at Me below aclaresses C s evaliciToranyrioncerequ-1. this Agreement: Elisha. Mundo 1414 S 324TH ST FEDERAL WAY, WA 9801 (206) 939-0816 (telephone) Wfi Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-tinie grant of funds to the Grantee under the conditions described herein. 1111 11 l &" tua 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 fimding 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-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 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 flinds will be used for the following purposes: CARES ACT BUSfNESS GRANT AGREEMENT CITY OF CITY HALL 33325 8th Avenue South Federal Way. VVA 98003-6325 Federal Way (253) 835-7000 wwvv c iii offbdorahw-iy 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. 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). 4.2 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 tomake payments under this agreement. 5.1 Grantee 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 elected officials, officers,_em__vi"&_e_s. agents, rexresentatives,, insurers attomQa, a" 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 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 A** FOdeml !A�Oy CITY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 mvw cayoffiederalwqv coo 5.3 C4y Ind0imrifitation. 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 IgIgtorgation and Mbdification. 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 fa 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 delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. 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 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 inconvenient foram. 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 ;t"Ijd-,-,-rrmid�� ,ever-rfo�jr I H-be-eonstrued-b& I I I I I I I M I I RD W9 I I I V.&IM 1 FM I t &-a I no M silly I 1twa I to) ms 1114 gadr--mogs gellumbX01041 1., 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 00 F�deral CITY OF CFFY HALL 33325 Sth Avenue South Federal Way, WA 98003-61325 (253) 535-7000 www cityoffederalway. co 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 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. CITY OF FEDERAL WAY: 0/7 Ji ell, r Fre f ATE:7/r/y/�I THE HAIR BRAIDING: / By: .` Printed Name: 1 ' ` Lt Title: ATE: %/ /' '� 7/25/2020 eServices Services Business Lookup DOTNE HAIR BRAIDING License Information: Entity name: MUNDO, ELISHA S Business name: DOTNE HAIR BRAIDING Entity type: Sole Proprietor UBI #: 603-429-804 Business ID: 001 Location ID: 0002 Location: Active Location address: 1414 S 324TH ST STE B206 STUDIO #14 FEDERAL WAY WA 98003 Mailing address: 2020 S 360TH ST APT 1304 FEDERAL WAY WA 98003-7274 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business Governing People may include governing people not registered with Secretary of State Governing people Title MUNDO, ELISHA S Registered Trade Names Registered trade names Status DOTNE AFRICAN HAIR BRAIDING & WEAVE Active DOTNE HAIR BRAIDING Active NATURAL AFRICAN HAIR BRAIDING AND HAIR Active EXTENSION New search Back to results Status Expiration date Active Jan -31-2021 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7125/2020 12:08:53 PM First issuanCE Jan -23-2020 First issued Feb -18-2016 Jan -13-2020 Jan -43-2020 https://secure.dor.wa.gov/gteunauth/—/#7 1/1