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HomeMy WebLinkAboutAG 20-770 - The Reflexology Inc.CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: —ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQBY' ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT 11 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT E] MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG 0 REAL ESTATE DOCUMENT D SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACT AMENDMENT (AG#): DfNTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: —(,APES ACT GRANT—ROUND 2 6. NAME OF CONTRACTOR: THE REFLEXOLOGY INC (DBN0�,ENTAj._MAS9A0E ADDRESS: 1939 S COMMONS, FEDERAL WAY WA 9800 T ELEPHONE: (425) 463-5580 E-MAIL: JOHNZHENGOII@GMAIL.COM SIGNATURE NAME: XIAOHONG ZHENG TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES E3 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 1:1 ALL OTHER REFERENCED EXHIBITS 1:1 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 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: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: El CONTRACTOR 0 CITY FkETAINAGE: RETAiNAGE AMOUNT: Ei RETAINAGE AGREEMENT (SEE CONTRACT) OR E3 RETAINAGE BOND IM191V1113:1 El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-440 _Project Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0 PROJECT MANAGER 9101RECTOR, 6, 0 RISKMANAGEMENT (IF APPLICABLE) El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:-, SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: I I F, wo L41k, 11 tf—Tal I M TO"] 2 ral y 110 • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE R.EC'D: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • 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.) INITIAL DATE SIGNED 11 LAW DEPARTMENT N ZoRMNATO RY (MAYOR OR DIRECTOR) 0 CITY CLERK El ASSIGNED AG # AG# 1�- 1/2020 C,Jyy OF CITY HALL 4 33325 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253� 835-7000 www,� Coal T # - W - _W Z,,�VUI S ACT YJAXIS TINES ',5VjFTW1-M�rTY_A Vul InTrCITY, WITH THE REFLEXOLOGY INC. This Grant Agreement ("Agreemenf') is made7 corporation ("City"), and The Reflexology (together "Parties") are located and do business required under this Agreement: XIAOHONG ZHENG 1939 S Commons, Federal Way, WA 98003 Mailing address: 26215 SE 3`a St SAMMAMISH, WA 98075 (425) 463-5580 (telephone) 'tohnzhen19, Q —1i @1,9 -in etween the City of Federal Way, a Washington municipal a Washington corporation ("Grantee"). The City and Grantee �.o the below addresses which shall be valid for any notice Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds tote Grantee under the conditions described herein. 2. COND111ONS _QFGRANT- 2.1 M�arranties: 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 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 t 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 aI tha Was required by state or local order to close Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses E] Experienced 10-50% lost revenue E] Experienced over 50% lost revenue CALRES ACT BUSINESS GRANT AGREEMENT - I , 7/202V CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal 'Way, WA 98003-6325 (253) 835-7000 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant fimds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/ 100 Dollars ($ 1,000.00). 4.2 NO n �Ap "ro is tL �)11_qf 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 lndeMhifiggq�g. 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 _Ins 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 '!S CITY OF 4N , � Federal Way rlpflffL UTY HALL 33325 8th Aveme South Federal Way, WA 98003-6325 (253) 835-7000 mm. cRyoiTc-dPrah-way dray? 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occur -ring prior to such expiration or termination. 6. GENE%kt, �PR0N,"1S10N',S- 6.1 JJ2=retafiwi and N,"lodification. 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, wheftr oral or written, shall be effective for any purpose. Any provision of this Agreement that is deelamd IAV44 inoperative, null and void, or illegal shall in no way affect or invalidate any otb�or provision hereof AM 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. 71k A�rnent shall be made in, governed by, and interpreted in 9-ebt unable to spttlean� 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- 712020 CITY OF CITY HALL 33325 8th Avenue South qo::�Federal Way Federal Way, WA 98003-6325 (253,� 635-7000 com 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 lit f ex of countemarts, each of which shall be deemed an original and with 11, 1101, Wall 101 Ir.) 4 trat 4141 a I a I PIP CITY OF FEDERAL WAY: DATE: By: CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 9/2912020 Washington State Department of Revenue -n a, [i) 1--q oc P I! Business Lookup License Information: Entity name: THE REFLEXOLOGY, INC Business name: ORIENTAL MASSAGE Entity type: Profit Corporation UI #- 603-357-341 Business ID: 001 Location ID: 0002 Location: Active Location address: 1939 S COMMONS FEDERAL WAY WA 98003-6039 Mailing address: 26215 SE 33RD ST SAMMAMISH WA 98075-9129 Excise tax and reseller permit status: Secretary of State status: Endorsements Endorsements held at this location License # Count Federal Way General Business Governing People May include governing people not m9blorod with Sorreftwar OfStab, Governing people ZHENG,)(IAOHONG Registered Trade Names Registered trade names Status ORIENTAL MASSAGE Active New search Back to results Click here Click here Details Status Expiration date First issuance dal Active Nov -30-2020 Dec -03-2019 Title View Additional Locations The Business Lookup information is updated nightly. Search date and time: 9/29/202010:30:38 AM First issued Dec -18-2013 https:Hsecure.dor.wa.gov/gteunauth/­/#32 1/2