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AG 20-736 - Lady Nails-- — ---------------- RETURN 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 REQ. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RF) 0 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT 1:1 PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT E] HUMAN SERVICES/ CDG • REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE 0 RESOLUTION • CONTRACT AMENDMENT (AG): DINTERLOCAL X OTHER —cARFs,&cr FUNDS BUSINESS SUPPORT GRANTAGREEMENT 5. PROJECT NAME: CARES ACT GRANT — ROUND 2— ,i,. NAME OF CONTRACTOR: �,,�.,...,.aA LADY NAILS) ADDRESS: 32046 23RD AV S, FEDERAL WAY WA 98003 TELEPHONE: (253) 941-7444 E-MAIL: ANH.17@YAHoo.com SIGNATURE NAME: ANH THINH NGUYEN TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES D COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 13 ALL OTHER REFERENCED EXHIBITS 13 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: E3 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ -- - ----- IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: 0 CONTRACTOR 13 CITY RETAINAGE: RETAINAGE AMOUNT: --.El RETAWAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND W&GIMPIZED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED OP OJECT 34 IRECTO R 0 RISK MANAGEMENT (IF APPLICABLE) El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 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 � DLA' . EPARTMENT N ATOP (MAYOR OR DIRECTOR) XA 0 CITY CLERK El ASSIGNED AG# AG# COMMENTS: 1/2020 Cj" �qF A $k, !7 00, d 6 eralmy CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffedemlway corn CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH LADY NAILS This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand Lady Nails, 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: I W."I IWANOKI I UMMMMSMAMEMM I am I N M anh. 17 0) vahoo. com Lei V r&#j a a X 13 X ktrA 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. V C 2.1 Warranties. The Grantee warrants the following, which are i. .• 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; d) Grantee's business employs no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year; f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service-, g) Due to COVID- 19, Grantee business I check all that alipl E] Was required by state or local order to close Was forced to lay off employees due to reduced patronage E] Incurred over $ 1,000 in COVID- 19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue '.".ARES ACT BUSINESS GRANT AGREEMENT - I - 7/2020 CITY OF CITY HALL 33325 Sth Avenue South 44S Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www cityoffederalway coin 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 ri or payment - ppropriation of Funds. If sufficient funds are not approp ated or allocated f under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Grantee lhd&rh�on- 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 coven 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. CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 ,ACk" Of � Federal Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cRyoffederalway corn 5.3 Citv Ifidemni,fication. The City agrees to release, indemnify, defend and hold the Grantee, it -O *fficers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless ;oJO -zny and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgmentil ?wards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and&V/ litigation expenses to or by any and all persons or entities, including without limitation, their respective agent licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solel caused • the negligent acts, errors, or omissions • 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 hite-migik andLAiq��. 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 • 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- 7/2020 CITY OF ,;JS� P6deral Way CITY HALL 33325 8th Avenue South Federal Way, VILA 98003-6325 (253) 835-7000 www cityoffederalway com construed- togetherAgreement may be executed in any number of counterparts, each of which shall be deemed an original and witt-I • shall constituteone but in making proof hereofonly be • produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assemblei 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 execution" hereof. i 1 9 DATE: PZ 5 CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 9/2912020 Washington State Department of Revenue -6031 -6031 Details Status .fst.f. 11M a e Contact us How are ! doing? Take our surveirl \fVashinar-)!-1 Sta� 10-p.j < Business Lookup W -TV TI.Tff ".1 Entity name: NGUYEN, ANH THINH Business name: LADY NAILS Entity type: Sole Proprietor UB1 #- 601-940-190 Business ID-. 001 Location ID- 0001 Location: Active Location address: 32046 23RD AVE 5 FEDERAL WAY WA 98003 Mailing address: 32046 23RD AVE 5 FEDERAL WAY WA 98003 Excise tax and reseller permit status: Endorsements Endorsements held at this location License # Count Federal Way General Business 99 -106888 -00 -BL Governing People May Mcfaafeg-bW people m0n;gWomd .0h Samftry Governing people NGUYEN, ANH THINH NGUYEN, TU IG M THI Registered Trade Names Registered trade names Statu LADY NAILS Activ Expiration date First issuance dal Active Mar -31-2021 Dec -29-1999 New search Back to results First issued Mar -17-1999 https://secure.dor.wa.gov/gteunauth/—/#6 1/2