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AG 20-779 - Phuc Linh IncRETURN TO: EXT: 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): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ 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 ❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER - PROJECT NAME: CARES ACT GRANT RESTAURANT AMENDMENT NAME OF CONTRACTOR:PHUC LINH INC (PHO KIM) ADDRESS: 33320 PACIFIC Hwy S # 103A TELEPHONE: (253) 831-4918 E-MAIL: PHUCLINH93@YAHOO.COM SIGNATURE NAME: LINH Tu TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) FIVE THOUSAND AND NO/100 ($5,000) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ RETAINAGE: RETAINAGE AMOUNT: ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW ❑ PR CT MANAGER &DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE INITIAL / DATE REVIEWED INITIAL / DATE APPROVED c� 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION 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 ❑ DEPARTMENT NATORY (MAYOR OR DIRECTOR)� �[ ITY CLERK CITY ❑ ASSIGNED AG# Ar# 20-779Ph ;OMMENTS: 1/2020 CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffedei-alway.. coni AMENDMENT NO. 1 TO CARES ACT BUSINESS SUPPORT GRANT AGREEMENT WITH PHUC LINH INC (PHO KIM) This Amendment ("Amendment No. I") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Phuc Linh Inc (Pho Kim), a Washington corporation ("Grantee"). The City and Grantee (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement ("Agreement") dated effective November 17, 2020, as follows: 1. AMENDED COMPENSATION. The amount of the grant, as referenced by Section 4 of the Agreement, shall be amended to change the total grant the City shall pay the Grantee as delineated in Exhibit A-1, attached hereto and incorporated by this reference. Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of payment of this Agreement. 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. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. [Signature page follows] AMENDMENT - I - 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www d(yoffederalway corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FED WA01 Y: By: Jim Nfayor DATE: PHUC LINH INC (PHO KIM): By: U, Printed Name: Linh Tu Title: Owner Date: 11/18/2020 AMENDMENT -2- 3/2017 Clxtr of CITY HALL South Fe d e ra i Way Feder 8th Avenue 8003 Federal Way, WA 98003-6325 (253) 835-7000 www cityoffecleralway com EXHIBIT A-1 ADDITIONAL COMPENSATION 1. Total Compensation: In order to promote economic activity in the City and in response to losses incurred due to the COVID-19 pandemic, the City shall provide an additional grant amount not to exceed Five Thousand and NO/100 Dollars ($5,000.00). The total amount payable to Grantee pursuant to the original Agreement and this Amendment shall be an amount not to exceed Five Thousand and NO/ 100 Dollars ($5,000.00). AMENDMENT - 3 - 3/2017 RETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV:. ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIMJOHNSON EXT: 2412 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ 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 NAME: CARES ACT GRANT =ROUND 2 6. NAME OF CONTRACTOR: -PTT IMM INUC— Lz 1JH Z NC ('? A0 V T M> ADDRESS: 33320 PACIFIC HWY S # 103A, FEDERAL WAY WA 98003-7824 T ELEPHONE: (253) 831-4918 E-MAIL: PHUCLINH93@YAHOO.COM SIGNATURE NAME: LINH TU TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOSAND AND NO/100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES X NO RETAINAGE: RETAINAGE AMOUNT: PROVIDED IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND ❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER D,DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) ❑ LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION 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 ❑❑ LEPARTMENT NATORY (MAYOR OR DIRECTOR) G ❑ CITY CLERK4 E]ASSIGNED AG# AG# O COMMENTS: 1/2020 CITY OF CITY HALL Fe d e ra 11Nay 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH PHUC LINH INC (PHO HIM) This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Phuc Linh Inc (Pho Kim), a Washington corporation ("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: PHUC LINH INC (PHO HIM): LINH TU 33320 Pacific Hwy S #103A FEDERAL WAY, WA 98003 (253) 831-4918 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) com 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 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 employees 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 (check all that apply7: 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% last revenue [v]� Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - 1 - OCT. 6, 2020 1:33PM 2069853524 N0. 5671 P. 3 CITY' OP CITY HALL 33325 8th Avenue South Fed era l Way Federal Way, WA 9600.832 (253} 835.760Q WMV..; rZ}ty�lr,rclE:rr�l�v�ayearn 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 retaxrj receipts docurnexiting use of grant funds acid will provide them to the City or its designee; upon request, 1 TERMLNATTDN. Should any of the conditions described in section 2.1 above, aot be met, the City may recover all disbursed grant funds and terminate this agreement. 4. ggANT A1ViOUNT. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Ciraxitee has incurred due to the COViD-19 pandemic, the City shall provide a pant to the Grantee in an, amount not to exceed Two Thousand and NQ1l00 Dollars ($2,000,00). 4.2 Nan-AMr-0.2riation of Funds. if sufficient fiwids 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. INDEM NUICATIOIw . 5.1 Grantee Indemnification. The Grantee agrees to releas, indemnify, defend, and bold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, dernands, 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 of entities, including, without limitation, their respective agents, licensees, or representative, arising froin, resulting from, or in connection with this Agreement or the performance of this Agreumont, except for that portion of the claims causel 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 ipjury to persons or gages to property causod by or resulting iron 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 shad agree to defend and indernnify the City, its elected officials, officers, employees, agents, representatives, inspirers, 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 inderriraification. 5,2 Industrial Insurance. Act Waiter. It is specifically and expressly understood that the Grantee waives any immranity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indernWfication. Grantee's indemnification shall not he limited in airy way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation ants, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. CARES ACT B'USINFSS GRANT AGREEMENT - 2 - OCT. 6. 2020 1:33PM 2069853524 Na, 5671 P. CITY OF CITY HALL Fader 8th Avenuy, WA 5outh 003 ■ }' Federal Way, WA 9Bo03-63Z5 Federal �f izssl e36-7000 W" wC?JY7ff0i1V1JiVV3, !Coln 5.3 City Indemnification. Tl1.e City agrees to release, inderunify, defend and hold the Grantee, its Officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, deri=ds, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, pe alties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without li�mitativn, 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. T11e 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 PROVISIONS. 6.1 Irnte retgtron and Modification. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Ag eetx mt 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 hall force and effect. No provision of this Agreement, including this provision, may be amender-, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 6.2 Eaforeement, 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 deliverer) 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 -roan shall be deemed received three (3) flays 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 wtiiver or relinquishment of those covenants, agrecuimts or options, and the same shall be and remaiiu in full force and erect. Failure or delay of the City to declare any breach or Mault im-mediately 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 snit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, finless 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 Icing Colony, 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. CARES ACT BUSINESS GRANT AGREEMENT -3 - OCT, 6. 2020 1:34PM 2069853524 NO, 5671 P. 5 CITY OF CITY HALL Fede 33325 Bkh Avenue South Fede +'E.^y,j l Way Federal Way, WA 98003.6325 00 li �a (:�53) 835-7000 wWPVC(jy0ffqu0jLj1bV8y cwn 6.3 Executiozr. Each itidividual executing this Agreement on behalf of the City and Grautee 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 c5cut as if all Pardes hereto had signed the same document All suoh counterparts shall be construed together and shalt constitute one insu=ent, but in making proof hereof it shall only be necessary to produce one such counterpart. The sipature 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 sigiiature 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, CITY OF FEDERAL WAY: DATE: PHUC LINH INC (PHO KIM)_ By: � k Printed Name, 1 N. 7 U Title: 1 i n - DATE: J 1 010 6 { � - � CAR1 S ACT BUSINESS GRANT ,AGREEMENT 4, 10/5/2020 < Business Lookup License Information: Entity name: PHUC LINH, INC. Business name: PHO IUM Entity type: Profit Corporation UBI #: 603-507-534 Business ID: 001 Location ID: 0001 Location: Active Washington State Department of Revenue Location address: 33320 PACIFIC HWY S STE 103A FEDERAL WAY WA 98003-7824 Mailing address: 33320 PACIFIC HWY S STE 103A FEDERAL WAY WA 98003-7824 New search Back to results Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance dat Federal Way General Business 15 -103176 -00 -BL Active May -31-2021 Jul -09-2015 Minor Work Permit Active May -31-2021 Jun -03-2015 Governing People May include ji-I g people not rey[seered with Secretary o/State Governing people Title PHAN, PHUC H TU, LINH T Registered Trade Names Registered trade names Status PHO KIM Active The Business Lookup information is updated nightly. Search date and time: 10/5/202011:02:01 AM hftps:Hsecure.dor.wa.gov/gteunauth//#23 First issued May -22-2015 1/2