HomeMy WebLinkAboutAG 20-780 - Posh SpaRETURN TO: Thn Johnson EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV- --ECONOMIC DEVELOPMENT
2. ORIGINATING STAFF PERSON: �Lm joHNSOT�_ EXT: 2412 3. DATE REQ. BY. ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
• CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
• PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
Ei GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDG
0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE El RESOLUTION
* CONTRACTA NT (AG#). El INTERLOCAL
* OTHER CARES ACT FUNDS BUSINESS S JEPOELGRANLAGREEMENT
5. PROJECT NAME: CARES ACT GRANT I ROUND 2
6. NAME OF CONTRACTOR: POSH "A4 SPAI 11440-0
ADDRESS: 42444TH -AVE -S, FEDERAL WAY WA 98003-2407 T ELEPHONE: (253) 259-7855
E-MAIL: POSHSPAINC@GMAIL.COM
SIGNATURE NAME: qLIEU TRAN TITLE: SEE ATTACHED
Kim -
7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE El ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AlMENDMENTS
8. TERM: COMMENCEMENT
D. SEE ATTACHED AGREEMENT COMPLETION DATfi
9. 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, $ m PAID BY: El CONTRACTOR 13 CITY
RETAINAGE: RETAINAGE AMOUNT: El R-ETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND
PROVIDED
SERUM RSMIN I
,11 1%JECT MANAGER
7 � IRECTOR
El RISKMANAGEMENT (IFAPPLICIAB
El LAW
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INITIAL / DATE REVIEWED
/I
INITIAL / DATE APPROVED
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
[] SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D':_
D ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
L1 CREATE ELECTRONIC REMINDERJNOTIFICATION 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
0 LeALW.,EPARTNIENT N/A
N
[:p* NAI'ORY (MAYOR OR DIRECTOR)
El CITY CLERK
0 ASSIGNED AG# AG#
COMMENTS:
1/2020
WITH
POSMEELdL,G_
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Posh Spa, Inc, a Washington corporation ("Grantee"). The City and Grantee (together
"Parties") are located and do business at the below addresses is all be valid for any notice required under
this Agreement:
POSH SPA, INC: CITY OF FEDERAL WAY:
KIM - LIEU TRAN Ade Ariwoola
27221 Pacific Hwy S 33325 8th Ave. S.
Federal Way, WA 98003 Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 259-7855 (telephone) (253) 835-2509 (facsimile)
Pos4s4
2aine ail.com. ade.ariwoo!cLa@ ityo ederalway.com
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
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
grant agreement;
d) Grantee's business employees 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 ID -1 , Grantee business (check a] I tlia!ji4)a1Aj:
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 50% lost revenue
CITY of
Fbderal V%kiy
CITY HALL
33325 Bth Avenue South
Federal Way WA 98003-6325
(253) 835-7000
mvw cityoffederalway. corn
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 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.
i a
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 Two Thousand and NO/ 100 Dollars ($2,000.00).
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.
5.1 Qmht& Ifidemn I ificatiola. 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 lAsluxance 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.
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway. com
5.3 City Mdcmnifig�. The City agrees to release, indemnify, defend and hold the Grantee, its
OF
icers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from
2-ny and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
?wards, 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,
(icensees, or representatives, arising from, resulting from or connected with this Agreement to the extent sole�y
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 • termination.
EMM
6.1 hftroretation and Modifloation. 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
of the Citw to declare anji breach or default immediatel,� Juvon 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 • bringing such claim or lawsuit, including all appeals, in addition to any other
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& CITY Of
,pW F6deroi
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wwwalyorfederalway coin
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. Thjs
Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with
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 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,
CITY OF FEDERAL WAY:
J, e Mayor
f
DATE:
1,7
By:
Printed Name:
Title: mf-�
DATE: 10 1-7 19
9/30/2020
Business Lookup
Entity name:
POSH SPA INC
Business name:
POSH NAIL SPA
Entity type:
Profit Corporation
604-121-125
Business ID:
001
Location ID:
0001
Location:
Active
Washington State Department of Revenue
Location address: 27221 PACIFIC HWY S
FEDERAL WAY WA 98003-2407
Mailing address: 27221 PACIFIC HWY S
FEDERAL WAY WA 98003-2407
Excise tax and reseller permit status:
Secretary of State status:
Endorsements
Endorsements held at this location License # Count
Federai Way Home Occupation
Business
Governing People May Includegamming peopie not mghtmd with 5—tary ofState
Governing people
TRAN, LIEU
Registered Trade Names
Registered trade names Status
POSH NAIL SPA Active
New search Back to results
Click here
Click here
Details Status Expiration date First issuance dal
Active Sep -30-2021 Sep -11-2020
um
First issued
May -15-2017
The Business Lookup information is updated nightly. Search date and time: 9/30/2020 9:27:15 AM
Contact us
https://secure.dor.wa.gov/gteunauth/—,/#37 112
