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AG 20-379 - Myong Suk KiehnleCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ.BY. ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 1:1 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDBG • REAL ESTATE DOCUMENT 11 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACT AMENDMENT (AG#): OfNTERLOCAL X OTHER CARES ACTFUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: — CARES ACT GRANT 4ROUND I 6. NAME OF CONTRACTOR: MWRA ADDRESS: 31220 PACIFIC HWY S, FEDERAL WAY, WA, 98003 TELEPHONE: (425) 777-0763 E-MAIL: MYONG777@GMAIL.COM SIGNATURE NAME: MYONG KIEHNLE TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 13 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 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) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED OYES X NO IF YES, $_ PAID BY. El CONTRACTOR 11 CITY RETAINAGE: RETAINAGE AMOUNT' 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR Ei RETAiNAGE BOND PROVIDED El PURCHASING: PLEASECHARGETO: 001-1800-990-518-10-490 67662-25060 10. DOCUMENT/CONTRACT REVIEV,'m El PT�QJECT MANAGER n-I)IRECTOR D RISKMANAGEMENT (IFAPPLICABL El LAW 1� I I malliam I W.1 w w aglyn wmmz�' IrMOR312 VAMORIME"tZENN INITIAL / DATE REVIEWED --q--6— —1-- /0 SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: INITIAL / DATE APPROVED --67 --.2o COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 11 SENT TO VENDOR/CONTRACTOR DATE SENT: — DATE REC'D:1 El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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 I DATE SIGNED 1:1 LAW DEPARTMENT "GNATORY (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# A 1/2020 CITY OF Federal Way CITY HALL. 3:3325 8th Avenue South Federal Way, WA 98003-6325 (25 3) 835-7000 000 r, Y. i� !► i i i i i WITH This Grant A greement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation and Myong! proprietor .. and Grantee (together "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: 1/NlfjaTfqur�� Pacific HighwayFederal* address: 18 S 312th St #511, Federal Way, WA 98003 Ade ola 33325 8th Ave. S. Federal y, WA 98003-6325 (253)835 ! • ! 835-2509 (facsimile) E I . TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions �,escribed 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 ofFederal fGrantee maintainsxcurrent City ofFederalbusiness grantc) Grantee has paid all taxes and government fees due up to the date of execution of this agreement; } Grantee is not the recipient of other state or federal funding made available as a response tat e - 19 pandernic e) tee's business employs no more than the equivalent of ten (10) full-time employees (0,800 man-hours total for all employees per year); Grantee's net revenues do not exceed more 1.5 million per year; Grantee does not operate as a tax-exemptbusiness as defined by the Internal Revenue Service; h) Due to COVID- 19, Grantee business (check 1 that apply): Was required by state or local order to close Was forced to lay off employees due to reduced atron e Incurred over $1,000 in COVID-19 related expenses [Experienced 10- % lost revenue Experienced over % lost revenue CARES T BUSINESS GRANT AGREEMENT p.1 CITY OF CITY HALL 33325 8th Avenue Souftw 44k FederN Way, WA 98003-6325 Federal Way (253) 835-7000 www.atvoffederig wqyrom a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts docturienting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant Rmds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -A nation of Funds. If sufficient flinds are not appropriated or allocated for paymen), — pproL under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Grantee Indemnification. 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 perfortnance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction det6rmine that this Agreement is sub ect 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 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 d Images, 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 - CITY OF Federal Way CITY HALL 33325 8th Avenue South Fpderal Way, WA 98003-6325 (253) 835-7000 vvmv dfyoffederalw�y com 5.3 Ci1y Indemnification. The City agrees to release, indemnify, defend and hold the Grantee, its *ff S, , icers, director 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 gation 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, effors, 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 Interbretation aud� Mbdificadon. 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 effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or defirult. Failure of the Citg,� to declare one breach or default does not act as a waiver of the CiVA'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 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. 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 Aureement mav be executed in anv number of countemarts. each of which shall be deemed an orivinal and with CARES ACT BUSINESS GRANT AGREEMENT - 3 - 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 it 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 it of mutual execution7 hereof. FROM L'oe DATE: Title: DATE: -z—o CARES ACT BUSINESS GRANTA T -4- -1-- CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 W;Fwoe (253) 835-7000 mvw, cityoffederalwqy corn 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 it 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 it of mutual execution7 hereof. FROM L'oe DATE: Title: DATE: -z—o CARES ACT BUSINESS GRANTA T -4- -1-- Washiiigton State Departmeiit of Revenue < Business Lookup License ® New search Back to results Entity name. KIEHNLE, MYONG SUK Business name: MIA BARBER SHOP Entity type. Sole Proprietor LIBI #., 601-873-519 Business ID: 001 Location ID: 0002 Location: Active Location address. 31220 PACIFIC HWY S STE 3 FEDERAL WAY WA 98003-5452 Mailing address: 20611 BOTHELL EVERETT HWY BOTH ELL WA 98012-7146 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 General Business 13 -104438 -00 -BL Active May -31-2020 Qct -16-2013 Governing People Governing people Title KIEHNLE, MYONG SLIK Registered Trade Names Registered trade names stahm First issued CEE'S BARBER SHOP Active Feb -04-2013 MIA BARBER SHOP Active Jan -03-2020 SPORTS CUTS Active May -21-2004 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/14/2020 4,47,44 PM Contact us