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AG 20-670 - Euni and CoRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV- —ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3: DATE REQ BY.__.AaAP . . . . ........ 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) 0 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG * REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE El RESOLUTION Ej CONTRACT AMENDMENT (A #): DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: CARPS AC'I'GRA 6. NAME OF CONTRACTOR. EUNI AND CO ADDRESS: 952 SW CAMPUS DR# 253, FEDERAL WAY WA 98023-5024 T ELEPHONE- (206) 859-7147 E-MAIL: CEP ARK09@GMAU-.CONI SIGNATURENAME: CLARA PARK TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONT RACT/ AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COWLETIONDATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND No/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIM13URSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: S IS SALES TAX OWED 0 YES X NO IF YES,$ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAiNAGE AMOUNT: __,,_E3 RETAiNAGE AGREEMENT (SEE CONTRACT) OR 0 RETAiNAGE BOND PROVIDED I'll, s", , — st.1111=11151[ral� ject Code #267662�25060 10. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED 0 P I CT MANAGER =RECTOR 0 RISK MANAGEMENT (IF APPLICABLE) El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMNHTTEE DATE: COMMTTEE APPRovAL DATE: SCHEDULED CouNcit, DATE: CouNaL APPRovAL DATE: 1191NIM R El r1i I'Si3li''i"L 0 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: 11 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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.) INITLA_L / DATE SIGNED 0 LPAPAVEPAR'rMEENT int I GN ATO GN ORY (MAYOR OR DIRECTOR) El CITY CLERK 0 ASSIGNED AG# AG# COMMENTS: i _/2 R-0 This Grant Agreement ("Agreement") .. made betweenthe Cityof i ' , a Washington municipal Agreement:corporation ("City"), and Euni and Co, a sole proprietor ("Grantee"). The City and Grantee (together 'Tarties") are located and do business at the below addresses which shall be valid for any notice required under this Clara Park Ave323042 nd Federal L 98023_ 0 Off I &� 19 Ade Ariwoola 33325 fth Ave. 17-ederal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described Grantee2.1 Warranties: The warrants the following,are pre -requisites # granteligibility: Federala) Grantee operates a business physically located within the political boundaries of the City of 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; Grantee's business employs no more than the equivalent of ten () full-time employees (20,800 man-hours total for all 1 e e year); } tee's net revenues do not exceed ore than $1.5 millionper year; Grantee does not operate as a tax-exempt inss as defined by the Internal Revenue Service; g) Due to COVID- 19, Grantee business (check that apply): Was required by state or local order to close Ej Was forced to lay off employees due to reduced o e El Incurred ver $ 1,000 in COVID-1 related expenses Experienced 10-50% lost revenue Experienced v % lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: , Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT - 1 7/2020 4S CiTy Op 4% FbderahAloy c) Insurance i) Utilities e) Marketing f) Payroll CITY HALL 33325 Sth Avenue South Federal Way WA 98003-6325 (253) 835-7000 mvw cityoffederahw7Y com 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/ 100 Dollars ($ 1,000.00). 4.2 Non-A-pDroDriation 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 Gtah� 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 hiti:Y 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 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 Vi,ese coveywits-ofi 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. 4, city OF F -ede, ral Way CrrY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 tvw�v,cilyoffc,(fer�il�vily-(-(.)Fli 5.3 The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors- shareholders- ;partners- empio_yets, Agents-. more,sentatives, 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 exDenses to or bv anv and all i ersons or entities, includini without limitation, their res-oective aients, licensees. fOOTIL1111 IF411IL-Iff UWIXICUM(l, ITTILII VIIS Lit! LIM Uxtellt SUICIJ iuecylivul;7, 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, I I&I"MY:11 I 6.1 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, moierative, null and void i or illezal shall in no wai affect or invalidate ani other Drovision hereof and such other 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 iosted in the Unitei States mail shall be deemed weived If e ul Live W115 all III UIRICE LITC WMIN 1114 LHIM-Teeinent'AU 110L HILUJILIMA LU or, 77ciusive, u RfTa 1) cum a. 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- +• or ooptions, andAhe-y-y.,c-�alnr--Laaa.�-Le-Qr-i'Wy 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 writin to an alkmative _yrocess. lf,*,i6,YWg 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 rv;wiw* 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 recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 4 CITV OF Federal Way CITY HALL 33325 8t as South Federal Way, VVA 98003-6325 (253) 835-7000 wwwoNtA640ralw-I Car?) 'Y 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents and warrants that such individual is duty 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 siwed the same diument, 4,11 suc� THc ITSM-Unionf, irl-t M MuMing jil-MIT no-Tr7ft it Nriff= 77e necessarjTo pri one sucil coi =1*7 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. Jim Ferre #'Mayor t DATE: By: Title: OWNER ---- DATE: 10/812020 -4- Washington State Department of Revenue Business Lookup License Information: New search Back to restflts Entity name: PARK, CLARA EUNHEE Business name: EUNI AND CO Entity type: Sole Proprietor UBI #.- 604-168-819 Business ID: 001 Location ID: 0001 Location- Active Location address: 32304 2ND AVE SW FEDERAL WAY WA 98023-5604 Mailing address: 32304 2ND AVE SW FEDERAL WAY WA 98023-5604 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance date Federal Way Horne Occupation Active Apr -30-2021 Apr -13-2020 Business Governing People Governing people Title PARK, CLARA EUNHEE Registered Trade Names Registered trade names Status First issued EUNI AND CO Active Jun -18-2020 The Business Lookup information is updated nightly. Search date and time: 101712020 3:11:32 PM Contact us How are we doing? Take our survey!