AG 20-235 - Flowers by ChiRETURN 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 1 DATE REQBY. ASAP
TYPE OF DOCUMENT (CHECK ONE):
El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CBG
El REAL ESTATE DOCUMENT F-1 SECURITY DOCUMENT (E.G. BOND RELATED DOC NTS)
El ORDINANCE El RESOLUTION
* CONTRACT AMENDMENT (AG#):El INTERLOCAL
* OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
PROJECT E: CARES ACT GRANT- ROUND I
NAME OF CONTRACTOR: FLOWERS BY CHI
ADDRESS: 1748 S 312TH ST, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 315-0509
E-MAIL: TJLOVECHI@YAHOO.COM
SIGNATURE NAME: NGUYEN NGUYEN TITLE: SEE ATTACHED
TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO11 00 ($ 1,000.00)
(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 DYES X NO IF YES, $ PAID BY: El CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: -E] RETAfNAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVII
n PURCHASING: PLEASE CHARGE TO: �� 001-1800-990-51840-49 Proied (ode 4 26!662-2506Q��
El PROJECT MANAGER
El DIRECTOR
F-1 RISKMANAGEMENT (IFAPPLICABLE)
El LAW
MR&RIAMAN
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
• ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
• CREATE ELECTRONIC REMINDER/NOTIFICATION 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
1:1 LAW DEPARTMENT SIGNED By LAW 07-28-20
• SIGNATORY (MAYOR OR DIRECTOR)_--
• CITY CLERK
• ASSIGNED AG# AG#
,OMMENTS:
1/2020
r6d w h M 4.
CITY OF
CITY HALL
33325 8th Avenue South
Fedi-mral Way, WA 98003-52325
(253) 835-7000
wmv cityoffedefaiway cram
CARES ACT FUNDS BUSINESS .PO. GRANT
FLOWERSWITH
:, CHI
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Flowers by Chi, a sole proprietor ("Grantee"). The City and Grantee (together
"Parties") are located and fi business at the below addresses which shbe valid for any f _f under
Chi Nguyen
,. S 312TH ST
FEDERAL WAY, WA f:0l
315-0509 (telephone)
tjlovechi@yahoo.com
Ade ti
33325 8th Ave. S.
1211111111111111•:1i
i (telephone
if
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described
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
ant agreement
) 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 -hours total for all employees per year).
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
�a
Was required by .- or ♦ xl order to close
Was forced • lay off employeesdue to reduced patronage
Incurred over $1,000 in COVID-19 related expenses
Experienced 10-50% i
F Experienced over i% lost
2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes:
CITY OF CITY HALL
33325 8th Avenue South
Federal Way Federal Way, WA 98003-6325
{2 a3) 835-7000
wmv cilyoffederalwaycom
a) Mortgage or Rent
b) Personal Protection Equipment
c) Insurance
d) Utilities
e) Marketing
F) Payroll
Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its
designee upon request.
3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City
may recover all disbursed grant funds and terminate this agreement.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00).
4.2 Non-A-pprol2riation 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 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 emi,,enses to or by an?a and all Goersons or entidM including '. without limitation
licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the
[tierformance of this Agreement, except for that portion of the claims caused by the City's sole negligencop
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 ternis 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 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.
14 , I '1, 1:11111
3KNUMV.1XVIN 0-1150
CMY OF
A%
,%!� Fbdjora I V��y
CITY HALL
33325 8th Avenue South
Federal Way WA 98003-6325
(253) 835-7000
wmvotyoffederahvqycon?
5.3 C ludgmnifig�o . 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 re -y
- resentatiYea, arisin from resultin6 from or
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.
k-1 1111ml
6.1 imggt��h arid 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
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
WIT' 4fVVTCTCI 11 LIIIIIS III
limit the Parties' rights to indemnification under Section 5 of this Agreement.
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 HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
vvww cityo federalway coon
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 product-,
one • itsignature r • acknowledgment pages fromrts 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.
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
� i x
Jim Ferrell, Mayor
ATE: _...
FLOWERSITC I:
By: _
L -L a �
Printed Name: Ir1j-
Title:
ATE:
7/2512020 eServices
Wasl-dpngton State Departnien't of Revenue
Services Business Lookup FLOWERS BY CHI
License Information:
Entity name:
NGUYEN, CHI T
Business name:
FLOWERS BY CHI
Entity type:
Sole Proprietor
UBI #:
602-278-244
Business ID:
001
Location ID:
0001
Location:
Active
Location address:
1748 S 312TH ST
FEDERAL WAY WA 98003
Mailing address:
1748 S 312TH ST
FEDERAL WAY WA 98003
Excise tax and reseller
permit status: Click here
Endorsements
Endorsements held at this location License # Count Details Status
Federal Way General Business 03 -101496 -00 -SL Active
Governing People May Include governing people not registered with Secretary ol'state
Governing people
Title
NGUYEN, CHI T
TRAN, TIENT
New search Back to results
First issuanCE
Sep -12-2003
Registered Trade Names
Registered trade names Status First issued
FLOWERS BY CHI Active Mar -11-2003
The Business Lookup information is updated nightly. Search date and time: 7/25/2020 12:42:55 PIVI
https://secure.dor.wa.gov/gteunauth/—/#84 1/1