AG 20-738 - Lee's Painting CoCITY OF FEDERALWAY LAW DEPARTMENT
ORIGINATING DEPT./DIV' ECONOMIC DEVELOPMENT
2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: _2412 3. DATEREQ.BY. ASAP
4. TYPE OF DOCUMENT #
El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
■ PUBLIC WORKS CONTRACT ■ OR LIMITED PUBLIC WORKSCONTRACT
■ PROFESSIONALSERVICE AGREEMENT ■ MAINTENANCE AGREEMENT
■ GOODS AND SERVICE AGREEMENT ■ i•
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
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6. NAME OF ! ' O � v,,, ,LEE'S PAINTING #
DDRESS: 561 SW 334TH CT, FEDERAL98023-6178 TELEPHONE:
i' ! O
SIGNATURE PAUL LEE TITLE: SEE ATTACHED
7. EXHIBITS AND ATTACHMENTS: ■ SCOPE,
r OR SERVICES0 COMPENSATIONEl INSURANCE REQUIREMENTS/CERTIFICATE
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES Ll PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: SEE kTTACHED AGRlaFM N`>` COMPLETION DATE:
9. 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 TES)
REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES X NO IF YES, $ _mm PAID BY: ❑ CONTRACTOR 11 CITY
RETAINAGE: TAINAGE OUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND
PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proiect Code #267662-25060
10. DOCUMENT/CONTRACT REVIEWINITIAL ! DATE REVIEWED INITIAL / DATE -APPROVED
PROJECT MANAGER
"'bIRECTO � �° V4-,
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❑ S MANAGEMENT (IFAPPLICABLE)
❑ LAW
11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE,
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
CONTRACT12. #
■ SENT TO VENDOR/CONTRACTOR DATE
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION REMINDER/NOTIFICATIONFOR 1 MONTH PRIORTO 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.)
INITI / DATE SIGNED
❑ LAW DEPARTMENT N/A
TORI' (MAYOR OR DIRECTOR)
❑ CITY CLERK:, "" I
-
El
ASSIGNED AG# AG
COMMENTS:
1/2020
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Lee's Painting Co., a sole proprietor ("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:
LEE'S PAINTING CO.: CITY OF FEDERAL WAY:
PAUL J. LEE Ade Ariwoola
561 SW 334th Ct 33325 8th Ave. S.
Federal Way, WA 98023-6178 Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 632-3767 (telephone) (253) 835-2509 (facsimile)
leespainting9l of nail. com ade.ariwoollal@c�ityoff�ederalway.com
The Parties agree as follows:
1. TERM. This agreement contemplates a one-time grant of funds 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) full-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 MV1
E] 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
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.
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4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
not to exceed One Thousand and NO/100 Dollars ($1,000.00).
4.2 Non-ADDroDriation 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.
R 1 1
5.1 Granite j�&mhi i6atiort. 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,
• representatives, arising from, resulting from, • in connection with this Agreement • the
yerformance 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
offiicia�ls officers,
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. I
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.
CARES ACT BUSINESS GRANT AGREEMENT -2- 7/202M
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P6deral V%lay
CITY HALL
33325 Sth Avenue SOUth
Federal Way, WA 98003-6325
(253) 835-7000
mywcityoffederahvay care
5.3 Cit hidembificatibil. The City agrees to release, indemnify, defend and hold the Grantee, its
vfficers, 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 Interpretation and Modification. 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 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
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
of the Ciu--, to declare anp breach or default immediatelgi ia.-on occurrence shall not waivf,
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
At-- ;A -
Parties' rights to indemnification 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
CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020
CITY OF CrrY HALL
33325 Sth Avenue South
.tFederal Way Federal Way. VVA 98003-6325
(253) 835-7000
vAvw cityoffederalway earn
Agreement may be executed in any a of counterparts, each of which shallbe deemed original
togetherthe same effect as if all Parties hereto had signed the same document. All such counterparts shall be construll
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
signature and acknowledgment 'a - date upon which a last all of y. Parties have
executed
counterpart of this Agreement shall be the "date of mutual execution" hereof.
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ATE: '
LEE'S CO.:
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Printed Nam-��
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CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020
9/29/2020 Washington State Department of Revenue
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< Business Lookup
License Information:
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Entity name. LEE, PAUL JOON
Business name: LEE'S PAINTING CO
Entity e: Sole proprietor
I 601-438-730
Business ID: 001
Location ID: 0002
Location: Active
Location address: 561 SW 334TH CT
FEDERAL WAY WA 98023-6178
Mailing address: 561 SW 334TH CT
FEDERAL WAY WA 98023-6178
Excise tax and reseller permit status: Click here
Endorsements
Endorsements held at this location License # Count Details Status
Expiration date First issuance dal
Federal Way Horne Occupation 00 -102072 -00 -BL- ,fictive
Jan -31-2021 Jan -19-2000
Business
Governing People MaInclude governing people not reghlered wt1h Sccrtary.fstate
Governing people Title
LEE, PAULJOON
Registered s
Registered trade names Status
First issued
LEE'S PAINTING CO. Active
Jan -21-1993
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