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AG 20-132 - Ann's Nail SalonTURN TO: TIM JOHNSON EXT: 2412 a 12 rd rel 1111 1 ORIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: -TPA JOHNSON ____EXT: 2412 3. DATE REQ. BY ASAP_'__ RK40UN I MUM 0) ZW14 a igxs# I 0 PUBLIC WORKS CONTRACT Ei SMALL OR LIMITED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT Ei GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDG • REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE El RESOLUTION • CONTRACT AMENDMENT (AG#):, DINTERLOCAL • OTHER— CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I ' NAME OF CONTRACTOR: ANNS NAILS An S ADDRESS: 32901 1 STAVES, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 883-4645 E-MAIL: MMIHOANG1977@GMAIL.COM SIGNATURE NAME: HOANG HGANG TITLE: SEE ACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 11 COMPENSATION El INSURANCE REQUIREMFNTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES D PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NO1100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0.. X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, PAID BY: El CONTRACTORD CITY RETAINAGE: RETAINAGE AmouNT: __.__E1 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETA[NAGE BOND PROVIDE 11 PURCHASING: PLEASE CHARGE TO: 001-1800-4994 518-1-490 Project Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL DATE APPROVED 0 PROJECT MANAGER 1:1 DIRECTOR El RISK MANAGEMENT (IF APPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CommiTTEE DATE: - CommiTTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE El SENT TO VENDOWCONT RACTO R DATE SENT-. DATE REC'D:-,-, • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDERJNOTIFICATION 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 I jL LAS" 01'- 28-20 jontNATORY (MAYOR OR DIRECTOR) �7 I * CITY CLERK * ASSIGNED AG# G 010113youlft CITU OF Federal Way CITY HALL 31325 8th Avenue SOLM Federal Way, WA 98003-6325 (253) 835-7000 wmv,cityofiederaM,ayrom # (I-TTIr WITH ANN'S NAIL SALON LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Ann's Nail Salon LLC, a limited liability company C'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: nz" Anh Hoang 32901 1 STAVE S FEDERAL WAY, WA 98003 k9IM Ade Ariwoola 33325 8th Ave. S. EederalWA 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. 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 cur -rent 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 tote 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 COVID- 19, Grantee business (check all that apply). - NWas required by state or local order to close F1 Was forced to lay off employees due to reduced patronage X Incurred over $ 1,000 in COVID- 19 related expenses E] Experienced 10-50% lost revenue pq Experienced over 50% lost revenue .;&CITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �wrvvdfyoffederafwaycom 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 funds and will provide the 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 Barids 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 yandernic, the Cit�,,, shall yrQvide a an to the Grantee in an amount not to exceed Two Thousand and NO/100 Dollars ($2,000.00). 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 �(_ . 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 deterinine 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 n ligence of the Grantee and the Cit the Grantee's liabilit hereunder shall be 5.2 Industrial Insurance -Act Waiver. It is specifically and expressly understood that the Grant waives any immunity that may be granted to it under the Washington State industrial insurance act, Title RCW, solely for the purposes of this indemnification. Grantee's inderrinification shall not be limited in any w by any limitation on the amount of damages, compensation or benefits payable to or by any third party und] CITY OF CrrY HALL 33325 8th Avenue South Federal Way FederM Way, WA 9800-16325 (253) 835-7000 www o1yoffeder-alWay coin workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver, 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 respectiv* agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extenli 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. A - a, 1 41 1 6.1 IflnNteMI'dation and 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 [trovision, 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 r option conferred by this Agreement in one or more instances shall not be construed to be a waiver 0 Is i_ KRIV s RMVT oreaca R1 ovia 1, R. v a. Me I-ALY LV UUCLUM 011t; OrCUU[I Or UCIULU uous not act as a waiver ol ine I y s right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. ON r_l-ry HALL 333-26 Ott, :Ames (2B3) 5-? 0` calm: WMBM±�dCi�"JVYb= C,ll be,baif tie city and Ger �R CS the partes D I date wTitten belo�v' 7/24/2020 eServices VVws,Jr-ongton Z'531'ate, C)e,oartrn�e4,,It of Revenue Services Business Lookup ANNS NAiLS License Information: Entity name: ANN'S NAIL SALON LLC Business name: AS NAILS Entity type: Limited Liability Company UBI #: 604-445-061 Business ID: 001 Location ID: 0001 Location, Active Location address: 32901 1 STAVES STE I FEDERAL WAY WA 98003-2604 Mailing address: 18119 E VALLEY HWY STE 105 KENT WA 98032-1009 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 Governing People May include governing people not registered with Secretary of State New search Back to results Status Expiration date First issuance Active Nov -30-2020 Nov -18-2019 Governing people Title HOA, AN Registered Trade Names Registered trade names Status First issued ANNS NAILS Active Nov -15-2019 1131�� =� �*W NUNN INITI 11! ! i 0TRI 11 Till I 1 11,11 https://secure.dor.wa.gov/gteunauth/—/#89 ill