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AG 20-097 - A Touch of Elegance by KayEXT: 2412 OF FEDERAL WAY LAWDEPARTMENT ROUTING r. ii • iii 11mill 11111• s r ■ ii ., ,i' i,, ri, i � . �, ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT NT (AG#): ❑ INTERLOCAL PROJECT N E: CARES ACT GRANT— RO D I NAME F CONTRACTOR: A TOUCH OF ELEGANCE BY KAY ADDRESS: 32234 8TH AVE SW, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 878-0244 E-MAIL: ATOUCOFELEGANCEBY Y@GAIL.COM SIGNAT NAME: MCQUARTER MCQUARTER TITLE: SEEATTACHED TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT CO PLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IE ANY) ONE THOUSAND AND NO/100'($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLEEXPENSE: ❑ YES XNO IF YES, MAXIMUM DOLLARAMOUNT: IS SALES TAX OWED ❑ YES X NO IF YES, $ M PAID BY: ❑ CITY C 0 CONTRACTOR R ®CITY RETAINAGE: RETAINAGEAMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CH GE TO: 001-1800-990-518-10-490 Prde t Co e 267062-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED ❑ PROJECT MANAGER 0 DIRECTOR -. . ❑ RISKMANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL V (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT S AT ❑ SENT TO VENDOR/CONTRACTOR DATE SENT. DATE REC'D: ❑ ATTACH. SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ 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/ DATE SIGNED ❑ LAW DEPARTMENT SIGNED Y LAw 07-28-20 ❑ SIGNATORY (MAYOR OR DIRECTOR)mmm ❑ CITY CLE ) ❑ ASSIGNED AG# Ad# I/202o CITY Of Fedeml Alay CITY HALL 33325 Sth Avenue South Federal VVay,vVA 98003-6325 (253) 835-7000 www cityoffedaralwzkv coax CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH A TOUCH OF ELEGANCE BY KAY This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and A Touch of Elegance by Kay, a sole proprietor ("Grantee"). The City and Grantee (together "Parties") are located and do business at the below addresses which shall be valid for any notioi required under this Agreement: W__ AN 1111 (253) 878-0244 (telephone) atouchofelegancebykay@gmail.com 13IN n-JrAZ W_ Y•-. 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions 4,escibedIi` reii.. 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 is not the recipient of other state or federal funding made available as a response to the COVID-19 pandemic e) 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). f) Grantee's net revenues do not exceed more than $1.5 million per year g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service h) Due to COVID- 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 E] Incurred over $1,000 in COVID-19 related expenses E] Experienced 10-50% lost revenue [X Experienced over 50% lost revenue 1!, 11 1 1 M.1 WWI I CITY OF CITY HALL 4 33325 8th Avenue South A** Federal Way Federal Way WA 98003-6325 (253) 835-7000 www cityoffederaWay com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/1 00 Dollars ($ 1,000.00). 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 Grantee lbdoni4kation. 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 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 Grante-e 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. [a a 10go HNH 11MIN] VEAXNWI♦ r.�� CITY OF A F6deral Vft CITY HALL 33325 8th Avenue South Federal Way WA 98003-6325 (253) 835-7000 mvw cityoffedef alway coo 5.3 Ofy hid6frihificatibA. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors 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. 6.1 Modifi . 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 [�rovision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 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 CITY OF Federal My CITY MALL 33325 8th Avenue South Federal Way, WA 8003-6325 (253) 835-7000 www, cityoff derahway coo 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 i shall constituteone . but proof hereof it shall only be necessary to produce signatureone such counterparL The signature and acknowledgment pages from such counterparts may be assembled together to forrn a single instrument comprised of all pages of this Agreement and a complete set of all and acknowledgment pages. The if- upon which the last of all of Parties . executed counterpart of this Agreement shall be the "date of mutual execution" hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. ATE: k x.. A TOUCH OF ELEGANCE BY Y r y r Prig ted Name: Title: ATE: 7/24/2020 Services Business Lookup A TOUCH OF ELEGANCE BY KAY License Information: Entity name: MCQUARTER, KATHY C Business name: A TOUCH OF ELEGANCE BY KAY Entity type: Sole Proprietor UI #: 604-579-747 Business ID: 001 Location ID: 0001 Location: Active Location address: 32234 8TH AVE SW FEDERAL WAY WA 98023-5521 Mailing address: 32234 8TH AVE SW FEDERAL WAY WA 98023-5521 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Federal Way Home Occupation Business eServices New search Back to results Details Status Expiration date Active Feb -28-2021 Governing People May include governing people not registered with Secretary of State Governing people Title MCQUARTER, KATHY C Registered Trade Names Registered trade names Status A TOUCH OF ELEGANCE BY KAY Active The Business Lookup information is updated nightly. Search date and time: 7/24/2020 2:42:07 PITi First issuance Feb -24-2020 First issued Feb -19-2020 https://secure.dor.wa.gov/gteunauth/,/#24 ill