AG 20-165 - Braveheart Beauty SpotRETURN TO: Tim Johnson EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV. --ECONOMIC DEVELOPMENT
2. ORIGINATING STAFF PERSON: JIM JOHNSON EXT: 2412 3. DATE REQ BY' AS
4. TYPE OF DOCUMENT (CHECK ONE):
11 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
El PUBLIC WORKS CONTRACT 11 SMALL OR Ll ITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CG
El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
0 ORDINANCE El RESOLUTION
El CONTRACT AMENDMENT (AG#): DINTERLOCAL
X OTHER CARES SSS UPPORT GRANT AGREEMENT QA ACT FUNDS B
5. PROJECT NAME: CARFSACT GRAN'l( RO1JND2
6. NAME OF CONTRACTOR: BRAvEHEART BEAUTY SPOT
ADDRESS: 2609 S272' ST 25, KENT, WA 98032 T ELEPHONE: (206) 854-3567
E-MAIL: DES REAWILKES@YAHOO.COM
SIGNATURE NAME: DESREA WIi TITLE: SEE ATTACHED
7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 11 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE [I ALL
OTHER REFERENCED EXH113ITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 11 PRIOR CONTRACT/ NTS
I
9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND No/100 ($1,000.00)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 11YEs XNO IF YES, MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED El YES X NO IF YES,$ PAID BY: El CONTRACTOR 0 CITY
RETAINAGE: RETAiNAGE AMOUNT: 0 RETAfNAGE AGREEMENT (SEE CONTRACT) OR El RETArNAGE BOND
PROVIDED
El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Pr �eet Code #267662-25060
M -
10. DOCU ENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
OP , MECT MANAGER
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.CTR 2 12-, 90
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FRREF L
11 RISKMANAGE MENT (IF APPLICABLE)
11 LAW
11. COUNCIL APPROVAL (w APPLICABLE) SCHEDULED COMWTTEE DATE: CONMTrEE APPRovAL DATE:
SCHEDULED CouNcit, DATE: CouNcit, APPRovAL DATE:
12. CONTRACT SIGNATURE ROUTING
El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D:
• ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
• CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept. supports if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL DATE SIGNED
El LAW EPARTMENT NIA
LAS'
(MAYOR OR DIRECTOR)
El CITY CLERK
to
El ASSIGNED AG# AG# 20-165
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_UranT). I 11C UILY orporaLion k City- -), anct Bravenean leamy ;�Opol, a - I - - propneror � M N
"Parties") are located and do business at the below addresses which shall be valid for any notice required under
this Agreement:
M
K NX PAI "I'
Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 835-2509 (facsimile)
r— TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions,
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 gran),
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 defted by the Internal Revenue
Service;
g) Due to CO Il 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
Incurred over $1,000 in COVID-19 related expenses
Experienced 10-50% lost revenue
Experienced over 50010 lost revenue
- I -
Grantee agrees to retain receipts documenting use of grant tunds and will provide the to the City or its
designee upon request.
3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City
may recover all disbursed grant funds and terminate this agreement.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00).
4.2 Non-A-ppropriation 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.
11 No 11011 N LMILLIM,
5.1 6tamee 144goinificati . 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.
0 •, Ift-RANT AGREEMENT -2-
CITY OF C1-[-( HALL
3333518th Avenue South
Federal Way, WA 98003-6325
Federal Way
V:t%ttt=� (253) 835-7000
wwwciyoffederas waycoon
5.3 Ci bdOnihiflOtiort. The City agrees to release, indemnify, defend and hold the Grantee, its
*fficers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless frol&-
any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
zwards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or
fitigation expenses to or by any and all persons or entities, including without limitation, their respective agents,
F,icensees, 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
V4.10y,mmum 6 '1 0"71yaw
6.1 Interoretation and Modification. This Agreement contains all of the agreements of the Partie—s
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
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 full force and
effect. Failure or delay of the City to declare any breach or default immediately upon 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- �her a�yxiate & �ounti*
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 rovided bi, law; irovided, however. nothing, in this joaraeraDh shall be construed to limit the
CARES ACT BUSINESS GRANT AGREEMENT -3-
CITY OF CITY HALL
33325 8th Avenue South
& Federal Way, WA 98003-6325
Federal Way (253) 835-7000
wmv, dt),nffederaAvqy com
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
naif-aii&-witli
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed
together and shall constitute one instnunent, 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.
VVashington State Departn-,ent of Revenue
< Business Lookup
'AeTse 1Tfor-,TatiOT-
Entity name:
DESREA, WILKES
Business name:
BRAVEHEART BEAUTY SPOT
Entity type-
Sole Proprietor
I:
604-608-149
Business ID-
001
Location ID:
0001
Location:
Active
Mailing address:
Excise tax and reseller permit status:
Endorsements
Endorsements held at this location License #
Federal Way General Business
1414 S 324TH ST
STE B206
FEDERAL WAY WA 98003-8400
2609 S 272ND ST
APT 25
KENT WA 98032-7933
Click here
Count Details
Governing Peoplefty &.Wdeg—iyp-ph, —t, qbtrmd fth S-,ea,.fStrW
Governing people
DESREA, WILKES
Registered Trade Names
Registered trade names
BRAVEHEART BEAUTY SPOT
N
fflo-
Status
Active
The Business Lookup information is updated nightly. Search date and time: 10/6/2020 8:25:36 AM
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Expiration date First issuance date
May -31-2021 May -05-2020
First issued
May -05-2020