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AG 20-209 - E&B Nails SpaRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY .W DEPARTMEROUTINGr ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING PERSON:., TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED P LIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CD13G ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG): ❑ INTE OCAL X OTHER CARES ACT FUNDS BUSINESS SUPPOR-TGRANTAGRFEMENT PROJECT NAME: wm CARES ACT GRLNIT — F ,QU 1D 1; NAME OF CONTRACTOR: E&B NAILS SPA, LLC ADDRESS: 2156 S 314Th ST, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 850-5314 E-MAIL: BNGUYEN_22MSN.COM SIGNAT NAME: NGUYENNGUYEN TITLE: SEEATTACED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER r EXHIBITS ■ PROOF OF AUTHORITYTO SIGN ■ REQUIRED LICENSES ■ PRIOR CONTRACT/AMENDMENTS TOTAL i' •N$ (INCLUDE EXPENSES ANDTHOUSANDAAND • !, 4 t CALCULATED ON • :O' CHARGE - ATTACH SCHEDULES OF ! HOLIDAY REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED ■ r S ■ CONTRACTOR[] RETAINAGE: RETAFNAGEAmOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE • •' I I : i i ''' i i "t •9 267662-25060 0. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) ❑ LAW i .Ito. . f i SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT. DATE C'D.m ❑ ATTACK: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary d feel free to set notification more than a month in advance if council approval is needed.) INITIAL/ DATE SIGNED ❑ LAW DEPARTMENT SIGNED BY LAW -07-28.20 ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# 1/2020 AG# 4% CITY OF A t Federal Way CITY HALL 33325 8th Avenue South .Esid-eral WA 98003-6325 (253�) 635-7000 www��oho*com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH E&B NAILS SPA, LLC z This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and E&B Nails Spa, LLC, a limited liability company ("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: N Huyen Nguyen 745 jj $j 14 TLr.NL Mailing address: 1211 Redmond Ave NE Renton, WA 98056 (206) 850-5314 (telephone) bnguyen-22@msn.com ylqnahg�� Ade Ariwoola 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 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 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 thi Li grant agreement f) Grantee is not the recipient of other state or federal funding made available as a response to the COVID- 19 pandernic 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). i_� 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) DuetoC VITA- 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 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CARES ACT BUSINESS GRANT AGREEMENT I-- CITY Of CUTY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 Asm F6deratV%lay 0"iZ5� (253) 835-7000 www��way.com 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 ftmds and will provide them to the City or its designee upon request. 3. TERMINAUGN. 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��Appromiatiqn �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. 53 Cjrantge��. 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 ogte��. 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 CARES ACT BUSINESSG T AGREEMENT -2- 0-- CITY OF CITY HALL 33325 Sth Avenue South SL Federal Way, WA 98003-6325 F6deml Vft 2 opm� www wy _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 AgM*flW*T--ZT g apf —1with 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 execution7' hereof IN WITNESS, the Parties execute this Agreement below, effective the last date written below. A I WK41 a a a 13 a 911,111 OWN E&B NAILS SPA, LL�: By: Printed Name: —j Title: DATE: CARES ACT BUSINESS GRANT AGREEMENT - 4 - 7/24/2020 Services Business Lookup E&B NAILS SPAS, LLC eServices License Information: Entity name: E&B NAILS SPA, LLC Business name: E&B NAILS SPAS, LLC Entity type: Limited Liability Company UBI #: 602-695-700 Business ID: 001 Location ID: 0002 Location: Active Location address: 2156 S 314TH ST FEDERAL WAY WA 98003-5479 Mailing address: 1211 REDMOND AVE NE RETON WA 98056-3385 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 18 -100803 -00 -BL Governing People May include governing people not registered with Secretary of State Governing people Title NGUYEN, HUYEN Registered Trade Names New search Back to results Status Expiration date First issuanCE Active Feb -28-2021 Mar -01-2018 Registered trade names Status First issued E&B NAILS SPAS, LLC Active Dec -27-2017 TIME 4 NAILS Active Feb -13-2007 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/24/2020 4:09:04 PM hftps://secure.dor.wa.gov/gteunauth/—/#326 1/1