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AG 20-551 - Mahlum EnterprisesCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV. ECONOMIC DEVtwwg�q� I ORIGINATING STAFF PERSON: TIMJOH­NSON EXT: 2412 3. DATE REQ BY. ASAP,,,--, TYPE OF DOCUMENT (CHECK ONE): 13 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) 0 PUBLIC WORKS CONTRACT ci SMALL OR LIMITED PUBLIC WORKS CONTRACT Ei PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT o HUMAN SERVICES/ CDG • REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE o RESOLUTION * CONTRACTA NT (AG):_ o INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT_ PROJECT NAME: CARES ACT ORANT - WIT Wn I NAME OF CONTRACTOR: WE�,. FAIR HOME DECOR &GIFTS ADDRESS: 30704 22ND AVE SW, FEDERAL WAY, WA, 98 023 TEL.EP%NE, (253) 691-6,966 E-MAIL: TwmiNO123@YAHOO.com -b&4 WftKa 60 SIGNATURE NAME: STACY KEEN TITLE: SEE ATTACHED -4- /Ptsk =-e VA +r�06ql EXHIBITS AND ATTACHMENTS:[] SCOPE, WORK OR SERVICES 0 COMPENSATION o INSURANCE REQUIREMENTS/CERTIFICATE DALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETIONDATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NO1100 ($2,000.00) (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 DYES X NO IF YES,$ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: RETAiNAGE AGREEMENT (SEE CONTRACT) OR C1 RETAINAGE BOND ROVIDED 0 PURCHASING: PLEASE CHARGE TO: 00 1- 1800-990-518-10400 0. DOCUMENT/CONTRACT REVIEW 0 PPOJECT MANAGER R.-61RECTOR a` MANAGEMENT (IF APPLICABLE) 0 LAW INITIAL /DATE REVIEWED SCHEDULED CommiTTEE DATE: SCHEDULED COUNCIL DATE: INITIAL IDATE, APPROVED CommTTEE APPROVAL DATE: COUNCIL AP?ROVAL DATE: L1 SENT TO VENDORICONTRACTOR DATE SENT: DATE * ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS - * CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff ifnecessary and feet free to set notification more than a month in advance ifcouncil approval is needed.) INITIAL DATE SIGNED * [-AWWPAKrmEvr �RAYOR OR DIRECTOR) 0 CITY CLERK El ASSIGNED AG# AG# 1/2020 CITY Of 333_`,'5, P,,,h Federal Way Fed ­,,a! ',A,'av V�A P CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH MAHLUM, ENTERPRISES, INC DBA WESTFAIR BOOKKEEPING & CONSULTING/ WESTFAIR HOME DECOR & GIFTS This Grim Azraemeiit (-ALgreenient`. ) is madc belucen the City of Federal Way, a Vv 9\�,`ashingtcni municipal and mabluin Enrcrj)rises, arae 1^a Westfair Bookkeeping & Consultin I estfitir Home 4- 1' D6cor & Gifts. a Sole proprietor (-Gran="'): 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: AHC UM ENTERPRISES, INC DBA WESTFAIR BOOKKEEPING& CONSULTING/ WESTFAIR HOME D#,COR & GIFTS Stacy Keen 30704 22"' AVE SW FEDERAL WAY, WA 98023 (253) 691-6966 (telephone) The Parties agree as tbllows; CITY OF FEDERAL WAY: Ade Ariwoola 33325 5th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) ade.ariwoolaCa,cityoffederalway.com 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described he—rein, CONDITIONS OF GRANT 2,1 ,Vananties. 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 oft (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 raiIlion 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 E] Was forced to lay off employees due to reduced patronage E] Incurred over $ 1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT CITY OF V 7Y HA -L 13:325, 13th A�Ier,,e Sc�.Jh - F deral Way e F- 2.2 1 ol"Fwrj,- Grantee affirms that grant funds will be used for the following purposes. - a) Mortgage or Rent b , ) Personal Protection Equipment C) Insurance d1) 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, 3. TERNIUNATION. 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. GRANT ANIOUNT. 4.1 Artiount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandernic, the City shall provide a grant to the Grteein an amount not to exceed Two Thousand and NO/100 Dotlars (S2,000.00i. 4.2 Not-�Lp�lroat-atksn If sufficient funds are not appropriated or allocated for payment ander this Agreement for any fiscal period, the City will not be obligated to make payments under this a2reenient, 5. IND ENINIFIC. TION. 5.1 Grantee The Grantee agrees to release indernnify, 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, anctlor 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 per-f6rinance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction deternune that this Agreement is subject to RC W 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 here -under shall be only to the extent of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shail agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, 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 Indusbial Iii ;urancq,,,.,ct aiti et. It is specifically and expressly understood that the Grantee waives any immunity that may be granted to it under the WasEngton 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 arnount of damages, compensation or benefits payable to or by any third party under CARES ACT BUSITNTESS GRANT AGREEMENT -2- ccy 0� Fte.deral Way 1-( HAI L T 3,12, Z �-� 3, e n u e Scat 9800'3-632-5 workers' 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 D -1110cilinification. 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, dmands, actions, suits, causes of action, arbitrations, mediations, proceedings, i . udgments, awards, injuries, damages. liabilities. losses, fines, fees, penalties expenscs, 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. oromissions of the City. 5A 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. GENERAL PROVISIONS. 6.1 l ration dind 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, wNether 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 si gped by duly authorized representatives of the Parties. 6.2 Enfamement, Any notices required to be given by the Parties shall be deliveTed at the addresses set forth at the bcginning 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. Amy 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 agrecrnents contained in this Agreement, or' to exercise any option conferred by this �Agreernent in one or more instances shall not be construed to be a waiver or relinquislunent of those covenants, agreements or options, and the sarne 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 Citys right to declare another breach or default, This Ageement shall be made in, govemed 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 inconvenient forum. If either Party brings any clairn or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees an� 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 consed to limit the Parties' rights to indemnification under Section 5 of this AgTeernent, CARES ACT BUSINESS GRANT AGREEMENT -3 - ICITY OF Felderal Way Cl're HALL 33325 3,'h Avenue SOLtn Federal'Nay WA 98003-6325 ;253j836-7000 6, 3 ExecUlion- Each indi,,,idual exesu tingthis A I greernent on bc'Ulf Of theCity and Granteti - r,prcsents and v,,arra Its o,2at such indivldual is duly authorized to execute ernd this, A:�I�eernent. Thi'N k gr�=Meq,L rnav lie ex��culed in IM", Mullber Of countv,-parLs. each O'LFwhich shall be d mce e d ail original and witli the same efts Is Hall Pdriesfierem had signud the same document. All such counterparts shall be construed together and shall constitute one instrurnent, but in niakingt proof hereof it shall only be necessan', to produce, 0% SUO coun,,feqpart, The signature and actino-,vie,dgment pages from smell � to2ether to Form, a sinkfl-- irlstrumctit ccompriscd of a] p , -)f �js counterparts may be aNsernhifed I xc'es C fli siig-snarure and acknowled e a 0 J�ht -,kgr,�,emeni and a cornplk�,re set of all _2111ent pages. The dat p 7-, �, �' lCh the last ot' all of t.he Parties have executed a cou-nt,�zpart ON -Lis Agreen'tent, shall be the"ddte ()f 1-Mitual execution" hereof, I -N WITNESS, the Parties execute this Agreement below, effective the last date written below. NUHLUM ENTERPRISES, INC DBA WESTFAIR BOOKKEEPIING & C 0 N SIS `IN 1,NZ,'ES FAIR HOME DtCOR & GIFTS: By: Printed Namc: Title. DATE, CARES ACT BUSENESS GRANT AGREEMENT .4- 8/14/2020 eServices Services Business Lookup WESTFAIR HOME DECOR & GIFTS License Information: Entity name: MAHLUM ENTERPRISES, INC. Business name: WESTFAIR HOME DECOR & GIFTS Entity type: Profit Corporation UBI #: 179-021-812 Business ID: 001 Location ID: 0001 Location: Active Location address: 30704 22ND AVE SW FEDERAL WAY WA 98023-7804 Mailing address: 30704 22ND AVE SW FEDERAL WAY WA 98023-7804 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 Home Occupation 66 -000004 -00 -BL Business Governing People May include governing people not registered with Secretary of State Governing people Title KEEN,STACY MAHLUM, DALE W YOHANN, CINDY Registered Trade Names Registered trade names Status WESTFAIR BOOKKEEPING & CONSULTING Active New search Back to results Status Expiration date Active May -31-2021 0 # . -s a - - t I I !j ..... ......... . ... . zmzmz�- M https://secure.dor.wa.gov/gteunauth/—/#5 1/1