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AG 20-135 - Aroma SkincareTURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT"./DIV - ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 , 3. DATE REQ4 BY' ASAP 0 PUBLIC WORKS CONTRACT 11 SMALL OR LIMITED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG 11 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE E] RESOLUTION El CONTRACT NT (AG): El INTER -LOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: AROMA SKINCARE ADDRESS: 33 110 PACIFIC HWY S, #6, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 335-5055 E-MAIL: AROMAS KrNCARE62@GMAIL.COM SIGNATURE NAME: SONG SONG TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 71 REQUIRED LICENSES 11 PRIOR CONTRACT/AMENDMENTS COMMENCEMENT DATE:—, SEE ATTACHED AGREEMENT COMPLETIONDATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($ 1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: D YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE.AmOUNT: 0 RETAiNAGE AGREEMENT (SEE CONTRACT) OR EIRETATNAGE BOND PROVI M U IN MW267662-25060 0. DOCUMENT/CONTRACT REVIEW 11 PROJECT MANAGER E1 DIRECTOR El RISKMANAGE MENT (IFAPPLICABLE) El LAW . 11 1 1 1 -- - -- - ------- --- 0 - . - SCHEDULED CO TEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS [I 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 0 LAW DEPARTMENT _aIGNED BY LAW 07-Z�.-2Q_ 001#61 UKOIWVFr. r. 5411" KINJI 0 CITY CLERK El ASSIGNED AG# 1/2020 AG # A% d etai my CITY Of .F AROMAWITH SKINCARE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 335-7000 w cRyoifeder Away coo This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Aroma Skincare, 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 notice required under this Agreement: AROMA SKINCARE: CITY OF FEDERAL WAY: 0o Chan Song Ade Ariwoola 33110 PACIFIC HWY S, #6 33325 8th Ave. S. FEDERAL WAY, WA 98003 Federal Way, WA 98003-6325 (253) 335-5055 (telephone) (253) 835-2520 (telephone) aromaskineare62@gmail.com (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalway.com The Parties agree as follows„ . TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITIONS AI T 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 ant agreement ) Grantee is not the recipient of other state or federal funding made available as a response to the CVI -19 pandernic e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 -hours total for all employees per year), f) Grantee's net revenues do not exceed more than $1.5 million per year ) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service h) Due to C VI -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 $1,000 in CVI -19 related expenses Experienced 1-5% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CARES ACT BUSINESS GRANT i y i CITY Of CITY HALL 33325 8th Avenue South AN Federal Way, VVA 98003-6325 Federal Way (253) 835-7000 www cityoffederalway cern a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non-ApprODriation 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 Alaleement is subject to RCW 4.24.l15__2b_eu; 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 of when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 lhdustri�ql lusiarance 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 RQW, 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. rl"ARES ACT BUSINESS GRANT AGREEMENT -2- CITY OF P6deral Vii. My CF7Y HALL 33325 8th Avenue South Federal Way. VVA 98003-6325 (253) 835-7000 mvw cityoffederalwa-v com 5.3 CIN lildcinnific"on. 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 —biterptetkion 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 foorovision, 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 CARES ACT BUSINESS GRANT AGREEMENT -3- CITV OF 44 Federal Mla vmw%a� y Cr7Y HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www WyoffedeFalway com A�reement may be execuW in any humbc�r of counterparts, each of which shall be deemed an original and with the gAfti& eMd as if 411 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 it of mutual execution" hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: I DATE: LA',j By: Printed Name: W00 CJAAN -ToNc-i Title:_ OL/,j (ler DATE: 'CARES ACT BUSINESS GRANT AGREEMENT -4- 7124/2020 R"M Washington State Departryient of Revenue Services Business Lookup AROMA SKINCARE License Information: Entity name: SONG, WOO CHAN Business name: AROMA SKINCARE Entity type: Sole Proprietor UBI #: 604-077-794 Business ID: 001 Location ID: 0001 Location: Active Location address: 33110 PACIFIC HWY S ST E 6 FEDERAL WAY WA 98003-6444 Mailing address: 33110 PACIFIC HWY S IST E 6 FEDERAL WAY WA 98003-6444 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 18 -100149 -00 -BL Governing People May Include governing people not registered with Secretary of State Governing people Title SONG, WOO CHAN Registered Trade Names Registered trade names Status AROMA SKINCARE Active TVe Bushress Loo New search Back to results Status Expiration date Active Jan -31-2021 First issued Jan -23-2017 https:/Isecure.dor.wa.gov/gteunauth/_/#100 1/1