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AG 20-857 - PNKLINK, INCCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON: TIM JOHNSON - EXT: 2412 3. DATE REQ. BT:-, ASAP TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E. G., R -FB, RFP, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) E] ORDINANCE El RESOLUTION 0 CONTRACT AMENDMENT (AG#): El INTERLOCAL X® CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT NAME OF CONTRACTOR: PNKLINK, INC ADDRESS: 34024 HOYT RD, FEDERAL WAY WA 98023 TELEPHONE: (801) 856-7807 E-MAIL: KORY.BROWN@GREATCLIPS.NET SIGNATURE NAME: KORY BROWN TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 11 SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 11 All OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 0 TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ($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 El YES X NO IF YES,$ PAID BY. El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proiect Code #267662-25060 0. DOCLTMENT/CONTRACT REVIEW 0 PROJECT MANAGER 0-�CTOR El RlSKMANAGEMENT (IFAPPLICABLE) El LAW INITIAL /DATE REVIEWED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 112 11 19ARej Eel t� � gy.14 9 Ll ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS D CREATE ELECTRONIC REMINDERINOTIFICATION 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 0LA DEPARTMENT 4A C r* GNATORY (MAYOR OR DIRECTOR) El CITY CLERK 0 ASSIGNED AG# AG': ;OTS: 1/2020 CITY HALL. 33325 3th Avenue South Feder VVay 1n1 98003-6325 (253) 335-700 CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH PNKLINK, INC. This Grant Agreement (" e ent") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Pnklink,Inc., a Washington corporation ("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 thisAgreement: PNIKLENIK, INC.: CITY OF FEDERAL WAY: KORYBROWN Ade Ariwoola 34024 Hoyt Rd SW, Federal Way, WA 98023 33325 8th Ave. S. - Mailing Address: Federal Way, WA 98003-6325 8318 1315` St Ct E (253) 835-2414 (telephone) Puyallup, WA 98373-5401 (253) 835-2509 (facsimile) ae.rioola@cityofeertay.co (801) 856-7807(telephone) kory.brown(a-,)greatclips.net The Parties agree as follows: 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described 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 C' of '! ! Grantee maintains a current City of '! ` business c) Grantee has paid all taxes and government fees due up to the date of execution of t] grant agreement; Grantee's usiness employs a more than equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year); Grantee's net revenues do not exceed ore t 1.5 million per year; Grantee oes not operate as a tax-exempt iess as defined by the Internal Revenue service5- g) Due to COVID-19, Grantee business (check all thatapply): Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred v $1,000 in C -19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CITY PF Am%* Fbdetal V4�y CITY HALL 33325 Sth Avenue South Federal Way, VV A 98003-6325 (253) 835-7000 vv1VWC1ty0ffederahvay 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. a 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses 1 41 i to he 66VID-19 12andemic, the Citi shall -orovide a 6,Aei iii imuui 6 1111 9♦IMM-24#11111110M 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 The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harinless 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 [�ierforrnance 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 concur -rent 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, Tit e 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 ciry OF CITY HALL. 33325 Sth Avenue South Federal Way Federal Way, VVA 98003-6325 (253) 835-7000 acknowledge that they have mutually negotiated this waiver. 5.3 City Indeninifinnofl. 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, 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 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 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 theUnited 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 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 Citv to declare one breach or default does not act as a waiver of the Citv's T 6 1#14 #Ing fin ciaiiii ansing =1 L , 0' LSITC, 1110duS 94 FCNTITHI�; LIRLL 11-RIPMUZ, 11,1110re 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 gliligLig�i 0, in 4L fending or bn'nv' uch claim or lawsuit incl d' 11 al in i i u in & i add t on to 11. 3 Execution. Each individual executing this Agreement on behalf of the City and Grantee CIVY of Pbdefal My CITY HALL 33325 Sth Avenue SOUth Federal Way, WA 98003-6325 (253) 835-7000 mov ciWffederalway com 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 d original anwith 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 assembled together to form a single instruffient 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. PINKLINK, INC.: r Ely. Printed Name: Kory Brown Title: Owner/President 9/30/2020 Washington State Department of Revenue < Business Lookup W-MM-M-OnTl=� Entity name: PNKLINK, INC. Business name- s GREAT CLIPS Entity type, Profit Corporation U #: 603-261-607 Business 11); 001 Location ID: 0002 Location: Active Location address: 34024 HOYT RD SW FEDERAL WAY WA 98023-3224 Mailing address: 8318131ST STREET CT E PUYALLUP WA 98373-5401 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 15 -100125 -00 -BL Governing People Mayi.cldeg.v.mfgp-pl¢.otL$Tewd with S.W-yofstm Governing people Title BROWN, KORY BROWN, PAMELA Registered Trade Names Registered trade names Status GREAT CUPS Active Status Active Newsearch Back to results Expiration date First issuance dal Dec -31-2020 Jan -14-2015 View Additionall Locations The Business Lookup information is updated nightly. Search date and time: 9/30/2020 9:15:05 AM https://secure.dor.wa.gov/gteunauth/,/#3 1/2