AG 20-843 - Emerald NailsTO: Tim Johnson
CITY OF FEDERAL WAY LAWDEPARTMENT ROUTINGO •;
ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT
2. ORIGINATING STAFF PERSON: TIM JOHNS
_I FINSON EXT: — 2412 3. DATE REQ. BY. ASAP
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RF)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
5. PROJECT E: CARES ACT GRANT — ROUND 2
NAME OF CONTRACTOR: ''V , IW%FI-F�,`]' . (0B*EME L NAILS)
ADDRESS: 31007 PACIFIC Hwy S , FEDERAL WAY WA 98003 T ELPOE: (253) 941-4833
E-MAIL: JEssiCA25694 a?GMAIL.COM
SIGNAT NAME: T I LE THU VU TITLE: SEE ATTACHED
7. EXHIBITS AND ATTACHMENTS: [I SCOPE, WORK OR SERVICES El COMPENSATION E INSURANCE REQUIREMENTS/CERTIFICATE El ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 13 PRIOR CONTRACT/AMENDMENTS
� i r • • • • � . r � t 1i1 4t
DATE-
rS SALES TAX OWED ■ YES X NO
RETAINAGE: RETAINAGEAMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND
PROVIDED
❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-5188-10490 Project Code #267662-25060
10. DOCUMENT/CONTRACT REVIEW DATE REVIEWED INITIAL / DATE APPROVED
❑ P R JFECT MANAGER
n -DIRECTOR
❑ RISKMANAGEMENT (IFAPPLICABLE)
r£
❑ LAW
11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
! NUSr aO !.
❑ ATTACH: SIGNATURE AUTHORITY, S C CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDERJNOTIFICATION 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 *—- NATORY (MAYOR OR DIRECTOR) .
❑ CITY CLERK
El ASSIGNED AG# AG ..
1/202®
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("Cityand Emerald Nails, a sole proprietor ("Grantee"). The City and Grantee (together
"Parties7') are located and do business at the below addresses which shall be valid for any notice required under
this Agreement:
THI LE THU VU
31007 Pacific Hwy S 4B
11111111, 1111 1 ii 1 11 9U i1
TW�M*IOMLI a
Ade Ariwoola
33325 8th Ave. S.
Federal Way, WA 98003-632-11
(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.
2. CONDITIONS OF GRANT.
2.1 Warranties The Grantee warrants the following, which are pre -requisites for giant 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-1 , Grantee business (check all that , pply ):
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
CARES ACT BUSINESS GRANT AGREEMENT - I - 7/2020
CITY OF CITY HALL
33325 8th Avenue South
Federal Way FederW Way, WA 98003 6325
(253,1 $35-7000
C()M
c) Insurance
d) Utilities
e) Marketinti
f) Payroll
Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its
designee on 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
not to exceed One Thousand and NO/1 00 Dollars $0
4.2 Non-Appropri'ation 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
?ny 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
1f,erformance of this Agreement, except for that portion of the claims caused by the City's sole negligence.
J
'Wiirtytlllliiiiiiii AM V-201gum tic 1 '111
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 Insurance Act 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 arnount 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
CITY OF
AN
,1� Federal Way
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003-6325
(253x335.7003
coin
5.3 Cibv hiclemniticatiog. The City agrees to release, indemnify, defend and hold the Grantee, its
*fficers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 representatives, arising from, resulting from or connected with this Agreement to the extent 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,
6. GENERAL PROVIS[ONS.
6.1 hq=retation and N4()difl 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
lghwi i
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
ach or default immediatelk=con occurrence shall not waive
such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City'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 pute, 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
does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County,
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
-uch claim or lawsuit, including -all la,=J& in addition to any other
recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the
Parties' rights to indemnification under Section 5 of this Agreement.
CARES ACT BUSINESS GRANT AGREEMENT -3- 712020
CITIV OF
Federal Way
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-5325
(253) 835-77000
turn
I I - - I # 1 6
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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
with
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construet
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 execution7 hereof.
CITY OF FEDERAL WAY:
im ayor
t
DATE:
EMERALD NAILS:
®
Printed Name: THI LE THU VU
DATE: 10/03/2020
CARES ACT BUSINESS GRANT AGREEMENT -4- 7/20,4
9/29/2020 Washington State Department of Revenue
I �/,, S "! �j re cy'
V 1 . �, Dl Fj 1
< Business Lookup
License Information:
Entity name:
VU, THI LE THU
Business name:
VU, THI LE THU
Entity type:
Sole Proprietor
UI #.-
604-564-203
Business ID:
001
Location ID:
0001
Location:
Active
Location address: 31007 PACIFIC HWY S
STE B
FEDERAL WAY WA 98003-4980
Mailing address: 13716 28TH AVE NE
SEATTLE WA 98125-3504
Excise tax and reseller permit status: Click here
Endorsements
Endorsements held at this location License # Count Details Status
Federal Way General Business Active
Governing People May includegumning p"ple "of raghftrad with Sftv*Wry ofshm
Governing people Title
VU, THI LE THU
https://secure.dor.wa.gov/gteunauth/—f#3
Neve search Back to results
Expiration date First issuance dal
Dec -31-2020 Dec -18-2019
The Business Lookup information is updated nightly. Search date and time: 9/29/2020 9:11.40 AM
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