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AG 20-934 - Lisa & Ahn LLCRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY. ASAP 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 ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#):, ❑ OTHER . PROJECT NAME: CARES ACT GRANT ❑ INTERLOCAL NAME OF CONTRACTOR: LISA & AHN LLC ADDRESS: 160 SW CAMPUS DR #S FEDERAL WAY 9800 TELEPHONE (253) 802- 10 E-MAIL:_ OHSIEN(t7�,GMAIL.COM FAX: SIGNATURE NAME: LISA AHN TITLE OWNER EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ FIVE THOUSAND AND NO/100 ($5.000.00) (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ RETAINAGE: RETAINAGE AMOUNT: ❑ PURCHASING: PLEASE CHARGE TO: 0. DOC T/CONTRACT REVIEW ❑ OJECT MANAGER DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW PAID BY. ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:_ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 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.) INITIAL/ DATE SIGNED ❑ LAW DEPARTMENT 4eITCINKATORY (MAYOR OR DIRECTOR) II ry O CITY CLERK [IASSIGNED AG# AG ;OMMENTS: 1/2020 I lh(aIr or � Federal Way 42 � ►ws arab 41?b CARIF-14 ACT VtjNDN IilS,SIN SS-%t;M)tT GRANT AG1RZKMZNT WITH USA A Ae,N LLC 116 grand AV=MM CAgroea M-) is Dade hew= for City of Federal Wye. a Wubkom sawk4ol corpmdiw (-Ckyr'), sed l.iln A Alia LLC a Brained 60bitlty Oou"ay ("t)r "1 1U Cky wA GMMc (k " partks') we bxamd and do buW116 at the b0ow M&ke m= trM e' d" be VON Wr 07 ale mquircd urmkv this AVC% -n ": its_ a iurK LM- Usa Ahn 160 SW Campus Dr IS Federal Way. WA 98023 (253) 800-5310 (Iekghonc) Obixn@,PMI.coen lite PIMICS ague as fall)-%: CITY W FRDBRAL WAY: Ade Ariwt+oia 33325 8th Ave. S. Federal Way. WA 98003.6325 (253) 835-2414 (Wkptonr) (253) 835-25W (facsimile) a&�riwoaiu�t7atr�cars: w�a� -cam I. T1cRM. ,Ms agrctment cixstsrrtpla a )oe-6rnc Vim of /tends to the Graimsm under the oaadit OM dcxnbod herein. r t, g, -11 coxguyvi;4 2.1 wmmn. Ihc Granite %amass the falLO%I & WhKh ase prc-re+gcusiies for vvK cliv"b W. (am%" operates a business ph)aically Wealod w*ilblie+ the polibW boundarm of sine cky of Fo$csal Way. (irauxce rmnwm a cturrnt City of Fedeal Way btLgi»ess license, Grantee has paid all taxcs and gove mern foes due up to the date of exo¢satm of this pw &gr"ncn% Grsr,:oe' % butirnss crnpl)ys no more than the equivaknt of ten (10) full-time employ n (20AM rrusn-hours low for all cmplo)ecs per )raur): Gran:oe'% net rover-: do r*t cxcocd morc thm $1.5 million p rr ycor; Grantoe does not operasc a% a tax-exempt bwinass as dere od by the Inkmal Rc%v we Soriol�C D uc to COVID-19, Grantoc buuncss (cbmk all that aWy): 0 Was roquired by %tate of local order to close or reduce service L7 Was forced to lay off employees due to reduced psumwW []lncurrcd ostr 51,000 in COVID-19 related expensm �Urxpmcnccd 10-50% keg re-vtmx F_xperiencr+d owr 5^ kxt rcwnuc 12 L.y pjv2j ; Grantee affums tib grant funds will be and far the foUo%" pwpwa; 3) Moder or Rent b) Pcfsoaal Protcrtioo Equipment CARES ACT RUSINESS GRANT- AGRFIDWINT 1 78020 ,ACITY OF �, Federal Way c) Insurance d) Utilities e) Marketing f) Payroll CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www afWffederahmy 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. GRANT AMOUNT. 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 Five Thousand and NO/ 100 Dollars ($5,000.00). 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. INDEMNIFICATION. 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 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 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- 7/2020 2- 7/2020 CITY OF . Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com 5.3 City Indemnification. 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. GENERAL PROVISIONS. 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 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 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. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 3- 7/2020 OL&!If• 1')I Federal Way • • �' �Mt�."� A .KCJ� �.iw.I' r`.n►s 'Jry v�A 4tii1�45i', I.�Lh ;.:►JJt%;.;+;al c'umts1 g thk% Agrcm-witt 1pn tvtwl of dx ('ay fad Graftc trrrc;crit% �rrx1 %.arrant% Ihat %u.h »dt%'rS_Lt it July authornrcmi to cxmtAc and deliver Chia Agroevocra, This AgrmmcrA r u% h. csnu'a%i en an-j,� num!%cr of c.Yanterpon%, tach of %%hash "-I be deernai an onging WA %%101 Lp'c Wnc 07c%t x, :f a'! t°srtec% lxreto tom: tikrrcd the %x-oe docur m All vxh u_-jrdcfT*rs avail be t.ycthcr arod +!Lm1: convt+tuft or< invnmxnt tm In rrak%rg $wkpot txmif tt %hall m4y tv rxxictany I+r x!'.wc �V.cw ,urh :.-mtr, fsrt Iht slirleurt anf.S n;krxrulcd+.rr'nt p&i c% from aueh Ctwrderpwt% MAN be of a , i+&�-,c; 4.! the% A j,^etn,,rTA and a racimplew sit t a'.; s }c: ii c ao3 ar kIti Hic4xrrxnt i`a5t� iTrc 'atc u;x�n u%htrh the Wt of Alt of the Portxa havccxmvW :1 :� 1r„(?y^IITt cit thi% Agrimr5tm.i 4'all fi the Aute of t* kewl c1kccu1xl/S_ hCrCof 1% u I I `f », t`x I'attc� eu"�u4c thu AyyKttts-r! held%%. c111rm11-. c the I" %tx:e %&-num bcl". 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All ' r Tale DA f'f•:- /f J -O I HI S?NI, S (iRANI ACKH',IF NT -4- i - 20 11/19/2020 Washington State Department of Revenue Washington State Department of Revenue: < Business Lookup License Information: Entity name: LISA & AHN LLC Business HANA II TERIYAKI name: Entity type: Limited Liability Company UBI #: 604-158-665 Business ID: 001 Location ID: 0001 Location: Active Location address: 160 SW CAMPUS DR STE B FEDERAL WAY WA 98023 Mailing address: 160 SW CAMPUS DR STE B FEDERAL WAY WA 98023 Excise tax and reseller permit status: Click here Secretary of State status: Endorsements Endorsements held License # hftps://secure.dor.wa.gov/gteunauth/—,/#68 Click here Count Details New search Back to results Status Expiratio First issu ` V 1/2 11/19/2020 Washington State Department of Revenue i Endorsements held License # Count Details Status Expiratio First issu, Federal Way 17-100002-00 Active Aug -31 Jan -13-21 4 General Business Governing People May include governing people not registered with Secretary of State Governing people Title AHN, LISA Registered Trade Names Registered trade names Status First issued HANA II TERIYAKI Active Dec -11-2017 The Business Lookup information is updated nightly. 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