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AG 20-829 - Danny & Eric, LLCCITY OF FEDERAL a DEPARTMENT ROUTINGr 1. ORIGINATING DEPT./DIV. ECONOMICDEVELOPMENT 2. ORIGINATING STAFF PERSON. TIM JOHNSON EXT: 2412 3. DATE REQ. BY' ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT 10 ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG): ❑ INTERLOCAL X OTHER CARES ACT FUNDSBUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT : CARES TACT GRANT — ROUND 2 6. NAME OF CONTRACTOR: DANNY& ERIC, LLC (DBA TJ NAILS) ADDRESS: 1706 S 320TH ST, FEDERAL WAY WA 98003 T ELEPOE: (253) 273-9519 E-MAIL: D YLE2018GMAIL.COM SIGNAT : T I NGUYEN TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: D SCOPE,i OR SERVICES ■ COMPENSATION ■ INSURANCE REQUIREMENTS/CERTIFICATE■ ALL OTHER r EXHIBITS ■ PROOF OF i' TO SIGN ■ REQUIRED LICENSES ■ PRIOR CONTRACT/AMENDMENTS • rr • � • rt TOTAL iMPENSATION$ (INCLUDE EXPENSES AND TWO THOUSAND AND NO1100 2,000.00) CALCULATED ON iLABOR CHARGE - ATTACH SCHEDULES OF i AND HOLIDAY REIMBURSABLE■ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED DYES X NO D IM ■ CONTRACTOR ■ CITY RETAINAGE: RETAINAGE AMOUNT: ■ • OR ■ RETAINAGE BOND 19*01901461 ❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 _ F qLe Cade #267662-25060 10. DOCUMENT/CONTRACT REVIEWINITIAL / DATE REVIEWED INITI / DATE APPROVED X❑ P OJ ECT MANAGER ERECTOR .r® ❑ RISK MANAGEMENT (IF APPLICABLE) ®❑ LAW 11. COUNCIL V (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: ... ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION REMINDER/NOTIFICATIONFOR 1 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.) IITI / DATE_SIGED WLANATORY DEPART ENT N/A (MAYOR OR DIRECTOR) 11 I4 ❑ CITY CLERK ❑ ASSIGNED AG# AG# COMMENTS: CITY OF F6deral Way tZINN, CITY HALL 33325 8th Avenue South Federal Wa 003_6 -3 (253) 835-7000 kvww cityoffederalway com "IJMVMIV WITH DANNY & ERIC, LLC (DBA TJ NAILS) This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Danny & Eric, LLC (dba TJ Nails), 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: THINGUYEN 1706 S 320th St #K Federal Way, WA 98003 r1pirl MIM0111'.fro 141 RIIIIEV-6141 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalwa,v.com- 1. TERM. This agreement contemplates a one-time grant of flinds to the Grantee under the conditions described herein. 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's business employs no more than the equivalent of ten (10) ftd1-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year; f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) Due to COVID- 19, Grantee business check all that apply): 2 Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses E] Experienced 10-50% lost revenue -q Experienced over 50% lost revenue C4,RES ACT BUSINESS GRANT AGREEMENT - 1 - 7/202W, MY OF .;JS� 56deral Way CITY HALL 33325 Sth Avenue South Federal Way WA 98003-6325 (253) 835-7000 mvw cityoffedeTalway com 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 Grantee has incurred due to the C1VID-19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed Two Thousand and NO/100 Dollars ($2,000.00). 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. 5.1 Grantee lildeninificatidn. 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 ��. 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 CARES ACT BUSINESS GRANT AGREEMENT - 2 - 7/2020 CITY OF Federal Way CITY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 mm. cityoffederalway com workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 Qky I aification. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 lift fon and Mbdi . 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 fall 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 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 Mas irsixi "iferred bVA 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 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 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 CARES ACT BUSINESS GRANT AGREEMENT -3- 712020 "TIV Of F6deral Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com recovery or awarci provictea oy law; provia-eT,7owevef, Tioull us �Farajfa:,�rTT?771 ra Parties' rights to indernnification 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 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 assemble4 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 -2- counterpart of this Agreement shall be the "date of mutual execution" hereof. V DATE: . A DANNY & ERIC, LLC (DBA TJ NAILS): P By: Printed Name: Title: DATE: CARES ACT BUSINESS GRANT AGREEMENT - 4 - 712020 9/16/2020 -< Business Lookup AMT177", VTMIM M -IL Entity name: DANNY & ERIC, LLC Business name: TJ NAILS Entity type: Limited Liability Company UBI #: 604-350-109 Business ID: 001 Location ID: 0001 Location: Active Washington State Department of Revenue Location address: 1706 S 320TH ST STE K FEDERAL WAY WA 98003-5424 Mailing address: 1706 S .320TH ST STE K FEDERAL WAY WA 98003-5424 Excise tax and reseller permit status: Secretary of State status: Endorsements Endorsements held at this location License S# Count Federal Way General Business 18 -105313 -00 -BL Governing People May 1-1.d.9—ing p-pl.,W reg and wun Serreor ofStft Governing people NGUYEN, THI Registered Trade Names Registered trade names Status TJ NAILS Active New search Back to results Click here Click here Details Status Expiration date First k5uance dal Active Oct -31-2021 Nov -19-2018 liII1111111111KIM The Business Lookup information is updated nightly. Search date and time: 9/16/2020 1:30:18 PM First issued Oct -23-2018 hftps://secure.dor.wa.gov/gteunauth/­,/#2 1/2 9/11/2020 eServices ATTENT[OWThis service will be unavailable fvoin Saturday, Sept. 12 at 8:00 a.m to"l-uecloy, Sept. 15 at 8:00 a m. Pl- as we make ii innprovernents. Services Business Lookup TJ NAILS License Information: Entity name: DANNY & ERIC, LLC Business name: TJ NAILS Entity type: Limited Liability Company UI #: 604-350-109 Business ID: 001 Location ID: 0001 Location: Active Location address: 1706 S 320TH ST STE K FEDERAL WAY WA 98003-5424 Mailing address: 1706 S 320TH ST STE K FEDERAL WAY WA 98003-5424 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 -105313 -00 -BL Governing People May Include governing people not registered with Secretary of State Governing people Title NGUYEN, THI Registered Trade Names Registered trade names TJ NAILS N New search Back to results Status Expiration date Active Oct -31-2021 6 6. -6 a so WHIT -11110 MOM Working together to fund Washington's future First issued Oct -23-2018 https://secure.dor.wa.gov/gteunauth/_/10 1/1 916/2020 eServices ATTENTION:This service will be unavailable from Saturday, -Sept, 12 at 8-00 a.m. to Tuesday, Sept, 15 at 8:00 axn. PT as we make improvements, WashOngton State Departnnent of Rew I-Kle . eryces Business Lookup TJ NAiLS License Information: New search Back to reSLAS Entity name: DANNY & ERIC, LLC Business name: TJ NAILS Entity type: Limited Liability Company UBI N: 604-350-109 Business ID: 001 Location -ID: 0001 Location: Active Location address: 1706 S 320TH ST STE K FEDERAL WAY WA 98003-5424 Mailing address: 1706 S 320TH ST STE K FEDERAL WAY WA 98003-5424 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 -105313 -00 -BL Active Oct -31-2021 Nov -1 9-2018 Governing People May Include governing people not registered with Secretary of State Governing people Title NGUYEN, TI Registered Trade Names Registered trade names Status First issued TJ NAILS Active Oct -23-2018 The Business Lookup information is updated nightly. Search date and time: 9/8/20201:58:29 PM https://secure.dor.wa.gov/gteunauth/­/#1 3 1/1