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AG 20-675 - Famous Skin CareRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING ET. IV: ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY' ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT E] MAINTENANCE AGREEMENT E1 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDG 11 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACTA NT (AG):_ OINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: —CARES ACT GRANT — ROUND 2 6. NAME OF CONTRACTOR: FAMOUS SKIN CARE ADDRESS: 30816 PACIFIC HWY S, FEDERAL WAY WA 98003-4902 TELEPHONE: (253) 306-4268 E-MAIL: MYU­NGW000325@GMA1L.COM SIGNATURE NAME: MYUNG SOOK WOO TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE D ALL OTHER REFERENCED EXH113ITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS I I'm 1: 1 ILA kTj WKS] S. 10 10 11,61 Lai I I My I 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAN, IF ANY) ONE THOUSAND AND N01100 ($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 El YES X NO IF YES, PAID BY: El CONTRACTOR El CITY RETAINAGE: RETAiNAGE AMOUNT: E] RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDED 10. DOCUMENT/CONTRACT REVIEW El PyDJ ECT MANAGER Z4��TOR ElRISKMANAGEMENT (IFAPPLICABLEl' 0 LAW 1112V V RAN INK"grAm"I INITIA,L / DATE REVIEWED INITIAL / DATE APPROVED od- SCHEDULED CONMTTEE DATE: CoNrTTEE APPRovAL DATE: SCHEDULED CouNcn, DATE: CouNaL APPRovAL DATE: 11 SENT TO VENDOR/CONTRACTOR, DATE SENT:- DATE REC'D; El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERINOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (hiclude dept. support staff if necessary and feet free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED El LAW DEPARTMENT /A Ct>MNATORY (MAYOR OR DIRECTOR) 11 CITY CLERK 0017 F-1 ASSIGNED AG# RM ;&�, CITY OV ,;tM� Fbderai Afty FAMOUSWITH • CITY HALL 33325 Stht Avenue South Federal Way, WA 98003-6325 (253) 835-7000 smw.. cityof ederalway cora This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Famous Skin Care, 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: FAMOUS SKIN C : MYUNG SOOK WOOAde Ariwoola 30816 Pacific Hwy S 33325 8th Ave. S. Federal Way, WA 98003 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 306-4268 (telephone) (253) 835-2509 (facsimile) yu o00325 ail.co ae.aoola 1cit offeeralway.co The Parties agree as follows: . TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. i ► 1 i � Yi71[t'1:7��Y Y Grantee2.1 Warranties. The warrants the following,are pre -requisites f• - • a) Grantee operates a business physically located within the political boundaries of the City of -i' • Grantee maintains . current City of -ii'ral Way business license; c) Grantee has paid all taxes and government fees due up to the date of execution of this grant agreement; ) 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; ) Due to COVI-19, Grantee business (check all that apply): Was required by state or local order to close Was forced to lay off employees due to reduced patronage Ig Incurred over $1,000 in COVI-19 related expenses Ej Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the followingpurposes: a) Mortgage or Rent b) Personal Protection Equipment CITY OF Federal Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 VM:N!k (253) 835-7000 mvw cityoffederatway com c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not •- - i - eecover all disbursed grant funds and terminate this agreement. U��,Xumylwkq 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -A ri e I ppropriation of Funds. If sufficient funds are not approp ated or allocated for paym M under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Grantee indeturdficadon. The Grantee agrees to release indemnify, defend, and hold the City, its elected officiafs, 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 gation 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 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. 5.3 Citv ludemni, lcatiOg. The City agrees to release, in rum ,• e en•an rantee, its CITY OF Federal Walff", CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 mvw cityoffederalway corn 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 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. 6.1 ln=retation_Aqd��k This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement an 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 af4 such other provisions shall remain in fall force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorizei- 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 fall force and effect. Failure or delaP of the Citp to declare anp breach or default inimediatelqg�,,on 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 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 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 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, nothing in this paragraph shall be construed to 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 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 CARES ACT BUSINESS GRANT AGREEMENT -3- CITY OF Foderal My CITY HALL 33325 8th Avenue South FederM Way, WA 98003-6325 (253) 835-7000 www atyoffederalway coin 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 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. DATE: 0 Za,,�a e t / By: Z5;� Printed Name: Title: DATE: Services Business Lookup FAMOUS SKIN CARE License Information: Entity name: WOO, MYUNG BOOK Business name: FAMOUS SKIN CARE Entity type: Sole Proprietor UBI #: 602-539-223 Business ID: 001 Location ID: 0001 Location: Active Location address: 30816 PACIFIC HWY S FEDERAL WAY WA 98003-4902 Mailing address: 30816 PACIFIC HWY S FEDERAL WAY WA 98003-4902 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License Count Federal Way General Business 10 -101649 -00 -BL Governing People May include governing people not registered with Secretary of State Governing people WOO, MYUNG BOOK Registered Trade Names Registered trade names Status FAMOUS SKIN CARE Active New search Back to results Details Status Expiration date First issuanCE Active Sep -30-2020 May -14-2010 MR