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Home My WebLink AboutAG 20-165 - Braveheart Beauty SpotRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV. --ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: JIM JOHNSON EXT: 2412 3. DATE REQ BY' AS 4. TYPE OF DOCUMENT (CHECK ONE): 11 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT 11 SMALL OR Ll ITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE El RESOLUTION El CONTRACT AMENDMENT (AG#): DINTERLOCAL X OTHER CARES SSS UPPORT GRANT AGREEMENT QA ACT FUNDS B 5. PROJECT NAME: CARFSACT GRAN'l( RO1JND2 6. NAME OF CONTRACTOR: BRAvEHEART BEAUTY SPOT ADDRESS: 2609 S272' ST 25, KENT, WA 98032 T ELEPHONE: (206) 854-3567 E-MAIL: DES REAWILKES@YAHOO.COM SIGNATURE NAME: DESREA WIi TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 11 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE [I ALL OTHER REFERENCED EXH113ITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 11 PRIOR CONTRACT/ NTS I 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND No/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 11YEs XNO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES,$ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAiNAGE AMOUNT: 0 RETAfNAGE AGREEMENT (SEE CONTRACT) OR El RETArNAGE BOND PROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Pr �eet Code #267662-25060 M - 10. DOCU ENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED OP , MECT MANAGER Y f .CTR 2 12-, 90 C FRREF L 11 RISKMANAGE MENT (IF APPLICABLE) 11 LAW 11. COUNCIL APPROVAL (w APPLICABLE) SCHEDULED COMWTTEE DATE: CONMTrEE APPRovAL DATE: SCHEDULED CouNcit, DATE: CouNcit, APPRovAL DATE: 12. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. supports if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL DATE SIGNED El LAW EPARTMENT NIA LAS' (MAYOR OR DIRECTOR) El CITY CLERK to El ASSIGNED AG# AG# 20-165 M 3 olurl oM c _UranT). I 11C UILY orporaLion k City- -), anct Bravenean leamy ;�Opol, a - I - - propneror � M N "Parties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: M K NX PAI "I' Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) r— TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions, 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 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 this gran), 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 defted by the Internal Revenue Service; g) Due to CO Il 19, Grantee business (check all that apply): Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50010 lost revenue - I - Grantee agrees to retain receipts documenting use of grant tunds and will provide the to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non-A-ppropriation 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. 11 No 11011 N LMILLIM, 5.1 6tamee 144goinificati . 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 coven 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. 0 •, Ift-RANT AGREEMENT -2- CITY OF C1-[-( HALL 3333518th Avenue South Federal Way, WA 98003-6325 Federal Way V:t%ttt=� (253) 835-7000 wwwciyoffederas waycoon 5.3 Ci bdOnihiflOtiort. The City agrees to release, indemnify, defend and hold the Grantee, its *fficers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless frol&- any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, zwards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or fitigation expenses to or by any and all persons or entities, including without limitation, their respective agents, F,icensees, 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 V4.10y,mmum 6 '1 0"71yaw 6.1 Interoretation and Modification. This Agreement contains all of the agreements of the Partie—s 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- �her a�yxiate & �ounti* 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 rovided bi, law; irovided, however. nothing, in this joaraeraDh shall be construed to limit the CARES ACT BUSINESS GRANT AGREEMENT -3- CITY OF CITY HALL 33325 8th Avenue South & Federal Way, WA 98003-6325 Federal Way (253) 835-7000 wmv, dt),nffederaAvqy 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 naif-aii&-witli the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instnunent, 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 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. VVashington State Departn-,ent of Revenue < Business Lookup 'AeTse 1Tfor-,TatiOT- Entity name: DESREA, WILKES Business name: BRAVEHEART BEAUTY SPOT Entity type- Sole Proprietor I: 604-608-149 Business ID- 001 Location ID: 0001 Location: Active Mailing address: Excise tax and reseller permit status: Endorsements Endorsements held at this location License # Federal Way General Business 1414 S 324TH ST STE B206 FEDERAL WAY WA 98003-8400 2609 S 272ND ST APT 25 KENT WA 98032-7933 Click here Count Details Governing Peoplefty &.Wdeg—iyp-ph, —t, qbtrmd fth S-,ea,.fStrW Governing people DESREA, WILKES Registered Trade Names Registered trade names BRAVEHEART BEAUTY SPOT N fflo- Status Active The Business Lookup information is updated nightly. Search date and time: 10/6/2020 8:25:36 AM Contact us How are, we doing? Take our survey! New search Back to results Expiration date First issuance date May -31-2021 May -05-2020 First issued May -05-2020