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AG 20-355 - Lovely TouchEXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./D]V ECONOMIC DEVELOPMENT PMENT 41MIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQi BY, AS" ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED P LIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES t CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANT(AG#): DINTERLOCAL X OTHER CAPES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT NAME OF CONTRACTOR: LOVELY TOUCH ADDRESS: 622 S 320TH ST, #13, FEDERAL WAY, WA, 95003 TELEPHONE: (425) 281-2231 E-MAIL: LOVELYT®UCI1253 GMAIL.COM SIGNAT NAME: PAUL PAUL TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE [I All OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN LI REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 0 'j=-40 +0*1 ■ I we WE MUM FOUR ► ► IS SALES TAX OWED ■ ► a s R .." i..:. ► a CONTRACT) ►.. ■ RETAINAGE iO.. ► PROVIDE 0. DOCUMENT/CONTRACT RE ❑ PROJECT MANAGE ❑ DIRECTOR ❑ RISKMANAGEMENT (IF APPLICABLE) ❑ LAW SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE - SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION 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 ❑ LAW DEPARTMENT SIGNED BYL.Aw, 7-25-2 rK SIGNA71-ORY (MAYOR ORDIRECTOR) CITYCLERK ASSIG AG# ;OMMENTS: 1/2020 cITY Of F;6deral Vft CUTY HALL 33325 Sth Avenue South Federal Wamm WA 98003-5325 (253) 835-7000 wmv cityoffederalway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH LOVELY TOUCH ETWOM k1w- This Grant Agreement ("Agreement' ') is made between the City of Federal Way, a Washington municipal corporation ("City"), and Lovely Touch, 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: Lovely Paul Ade Axiwoola 622 S 320TH ST, #B, FEDERAL WAY, WA 98003 33325 8th Ave. S. Mailing address: Federal Way, WA 98003-6325 28649 53 d Ave S, Auburn, WA 98001 (253) 835-2520 (telephone) (425) 281-2231 (telephone) (253) 835-2509 (facsimile) lovelytouch253@gmaii.com ade.ariwoola@cityoffederalway.com 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITIONS OF GRANT 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 I d) Grantee is not the recipient of other state or federal furlding 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). 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 COID- 19, Grantee business (check all that apply): Was required by state or local orderto 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 BUS1NESS GRANT AGREEMENT CITY OF UrY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 F6deral 110y (253) 835-7000 www cayoffederalway com F] Experienced 10-50% lost revenue F1 Experienced over 50% lost reveniig-4, 2.2 Use of Funds: Grantee affirms that grant fimds 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 ftinds 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 ftinds 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 -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 IndgmWfication. 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 sub ect to RCW 4.24.115, then, in the j 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 C-aantee'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. CARES ACT BUSINESS GRANT AGREEMENT -2- -0-- CITY 00 Fbderal !NOy 4a CITY HALL 33325 8th Avenue South WA 9-900,3-63 (253) 835-7000 www cityoffederalway com recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed. limit the Parties' rights to inderntfification 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 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 counterpart of this Agreement shall be the "date of mutual executiorf' hereof IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: DATE: /,q- / Aq C) " [oily a WA Eel" 02 L -OR Title: DATE: C) � Z-( - I'D -1�6 CARES ACT BUSINESS GRANT AGREEMENT -4- 7/25/2020 Services Business Lookup LOVELY TOUCH License Information: Entity name: LOVELY TOUCH LLC Business name: LOVELY TOUCH Entity type: Limited Liability Company UI #: 604-542-857 Business ID: 001 Location ID: 0001 Location: Active Location address: 622 S 320TH ST UNIT B FEDERAL WAY WA 98003-5263 Mailing address: 28649 53RD AVE S AUBURN WA 98001-1920 Excise tax and reseller permit status: Click here Secretary of State status: Click here nw-m New search Back to results Endorsements Endorsements held at this location LiGense # Count Details Status Expiration date First Issuance Federal Way General Business Acbve Jan -31-2021 Jan -21-2020 Governing People May include governing people not registered with Secretary of state Governing people Title PAUL, LOVELY Registered Trade Names Registered trade names Status First issued LOVELY TOUCH Active Jan -08-2020 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 2:34:25 PM Working together to fund Washington's future https://secure.dor.wa.gov/gteunauth/—,/#514