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AG 20-227 - Eye Candy Lashesmm I ORIGINATING DEPT./DIV. ECONOMIC DEVELOPrAFNT *RIGINATING STAFF PERSON: TIM JOHNSON-_ EXT: 2412 3. DATE REQ. BY.__AsAp IN' !lr 1 1. 1• 0 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT * GOODS AND SERVICE AGREEMENT 11 HUMAN SERVICES/ CBG * REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE ii RESOLUTION 11 CONTRACT AMENDMENT (AGO): C1 INTERLOCAL 1`. 63 91 . .... I d 111IM41 U � NAME OF CONTRACTOR: EYE CANDY LASHES t -i Pe ADDRESS: 33427 PACIFIC HWY S #E7, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 422-4311 E-MAIL: EYECANDYLASHESBYJ@GMAIL.COM SIGNATURE NAME: JENNIFER SINCLAIR TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 1:1 COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE C1 ALL . OTHER REFERENCED EXHIBITS C1 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMLN-r COM[PLETIONDATE: TOTAL COMPENSATION$ (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: D YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED D YES X NO IF YES, $ - PAID BY: 11 CONTRACTOR 11 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 1•' BOND rt :t. 13 PURCHASING: PLEASE CHARGE TO: 001-1800-99 0. DOCUMENT/CONTRACT REVIEW INITIAL /DATE REVIEWED I LNTT1.,V_,1 DATE ]PP RO VE D 0P OJECT MANAGER 3121n,RECTOR 13 RISK MANAGEMENT (IF APPLICABLE) El LAW 1. COUNCIL APPROVAL (IFAPPLICABLE) SCHEDULED COMMI'17EE DATE: CoNmuTTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: C1 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD -- El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC R-EMINDER/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 L �OLPARTMENT , 'TOR) �C "V ,N Fr, IGNXTORY OR DIREC 0 CITY CLERK /4 ASSIGNED AG# 'OMMENT& 12020 I ciry OF % V V CITY HA -L 33325 8th Avenue South Federal Way, Ub.A 95003-6=325 (2531) 835-7000 CARES ACT FUNDS BUSINESS St."PPORT GRANT AGREEMENT WITH EYE CANDY LASHES BY JENNIFER This Gnaw A,_,Teement ("Agreement") is niade between the City >of Federal Wav, ,I Washington niunicipal corporation and Fl Candy Lashes by Jennifer, a linlited hability COTTIpan'y ("Grantee"). The Cihy and Granas (together "Parties-) are located and do busincss at the betow addresses w'hieh shall be valid for any n0vice required under this Ag7eement. EYE CANDY LASHES BY JENNIFER: Jennifer Sinclair 33427 PACIFIC H\V_Y S 4F7 FEDERAL WAY, WA 980031 CITY OF FEDERA-LWAY: Ade Ariwoola 33325 8th Ave. S Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 1. M. This agreement contemplates a one-time grant of fands to the Grantee under the conditions described herein. CONDITIONS OF GRANT 2.1 Wasranties. 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 a) 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 CCS VID- 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) Chante "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 COV ID -1 9, 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 QTY OF F4deml V%kiy CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway cam 2.2 Use of Funds: Grantee affirms 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 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 key Ltcrovide a grant to the Grantee in an amount not to exceed One Thousand and NO/100 Dollars ($1,000.00). 4.2 Non-Appro-priation 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 Grantee lj�fication. 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 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 1ny limitation on the amount of damages, compensation or benefits payable to or by any third party under 33 �Z 7 & a Fo i, workers* compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 53 The City agrees to release. indemnify, defend and hold the Grantee. its officers, directors, shareholders, partners. emptoyees, agents. representatives, and sub- contractors harmless from any and all claims, demands, actions, suits. causes of action, arbitrations. mediations. proceedings, udgments, awards, injuries. damages, liabilities, losses. fiM, f�es, Nn;aues expenst*1. attorriev's fees, costs. ' es indlixhig Without RMItatiOn, their res-ppic"' and/or litigation expenses to or by any and all persons or cutiti LIVZ gents., licensees or rertresentatives, arisin�V from, resulting from dr connected with this A�gOement 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 Orij_. 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 a2reements, whether oral or written, shall be effective for any purpose. Any provision of this Agreement that is declared invalid, int:rative, 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 mailin.g. 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 Citv'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 riled 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 fol -um, If either Party bringi any, claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorne'v's fees and' g 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 constiucd to limit the Parties' rights to indemnification under Section 5 of this Agreement, CARES ACT BUSINESS GRANT AGRFFMENT eral Wa, CVrY HALL 33325 Sth Avenue Sautn FederN Way, V,)A 98GO3-63 63 Execution. Each individual executing this Agreement on behalf of the City and Grant re,T�Tesents and warrants that such individual is duly authorized to execute and deliver t1us Agreement. Agreement may be executed in any number of counterparts, each of which shall be deemed an original and wi the same effect as if all Parties hereto had signed the same document. All such counterparts shall be constru nj together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produ one such counterpart The signature and acknowledgment pages from such counterparts may be assembl together to form a single instrument comprised of all pages of this Agreement and a complete set of 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. CITYOF FEDERAL WAY: DATE:. METRWIETQMOM� �M �M�kj �� Services Business Lookup EYE CANDY LASHES License Information: Entity name: EYE CANDY LASHES BY JENNIFER LLC Business name: EYE CANDY LASHES Entity type: Limited Liability Company UBI #: 604-533-386 Business ID: 001 Location ID: 0001 Location: Active Location address: 33427 PACIFIC HWY S STE E7 FEDERAL WAY WA 98004 Mailing address: 30329 13TH AVE S # 1 FEDERAL WAY WA 98003-4146 Excise tax and reseller permit status: Click here Secretary of State status: Click here New search Back to results Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance Federal Way General Business Active Oct -31-2020 Nov -08-2019 Governing People May include governing people not registered with Secretary ot'State Governing people Title SINCLAIR, JENNIFER Registered Trade Names Registered trade names Status First issued EYE CANDY LASHES Active Oct -29-2019 EYE CANDY LASHES BY JENNIFER Active Oct -29-2019 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 12:33:47 PM hftps://secure.dor.wa.gov/gteunauth/—/#54 111