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AG 20-783 - QQ MassageCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I ORIGINATING DET./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQi BY TYPE OF DOCUMENT (CHECK ONE): D CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 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#):_ El INTERLOCAL X OTHER —CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT NAME OF CONTRACTOR: QQ MASSAGE ADDRESS: 31840 PACIFIC Hwy S #AI, FEDERAL WAY WA 98003 TELEPHONE: (801) 856-7807 E-MAIL: SHUPING008@YAHoo.com SIGNATURENAME: SHUPINGDrNG TITLE: ,SEE ACHED EXHIBITS AND ATTACHMENTS: C] SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS, TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) &THOUSAND AND NO1100,40a1-)- (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. 0 CONTRACTOR 0 CITY I IN 91 F.11 I =111,7111-11 1121 � � 6 1 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL l DATE APPROVED DOPR _?JECT MANAGER - RECTOR' j RECTOR El RISKMANAGEMENT (IF APPLICABLE) 0 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONMTTEE DATE: CommirrFE APPROVAL DATE: SCHEDULED COUNCIL DATE: CouNciL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D-- 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERJNOTIFICATION 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 0 LAW EPARTMENT [L.& r'N'ATORY (MAYOR OR DIRECTOR) 0 CITY CLERK El ASSIGNED AG # AG# 'OMMENTS: PTY OF �& Fbderal Wpy CITY HALL 33325 5th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www 0yoffiederahvc9y coen CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH QQ MASSAGE This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal corporation ("City"), and QQ Massage, 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: 0111p�� SHUPING DING .. I I - . M OW-190itrAl I M # I , Ade Ariwoola 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 ,iescribed Vererc. 2.1 Warranties: The Grantee warrants the following, is 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; 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 a 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 "TV OF o FOderal W4 CITY HALL 33325 Sth Avenue South Federal Way VVA 98(303-6325 (253) 835-7000 www cifyoffederalway com 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 0 Payroll Grantee agrees to retain receipts documenting use of grant funds 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. :- �� gnal IWIM'Vol [Loll N 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-Appro-priation 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. Of 5.1 Qran . 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 com t t unsdiction determine that this A t b* greemen is su ect to RCW 4.24 115 then in the 41MAYMM 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 6ese 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. CITY 0# 4W Rdeml Way C[TY HALL 33325 Sth AvenUe South Federal ''Way, VIA 98003-6325 (253) 835-7000 avwvycilyotfade.frilLvi,vcc)t7? 5.3 Q_y_. The City agrees to release, indemnify, defend and hold the Grantee, its officers, 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, -111111- M 6.1 Intq_. 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 fall force and effect. No provision of this Agreement, including this rtjovision, may be amended, waived, or modified except by written agreement signed by duly authorizu�# representatives of s 6.2 Enforcement. Any notices required to i 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 mag be d!Ztosited in the United States in e -re�owid to the address set forth 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 ani dis-,qute, diffeig-tc-e-m t-CMITT , re—FTMT=—F a F7,77-112-TIFT17tvin; MRL WINP,UC, (t111CrU11LX, Or CM1111, Nildil UU 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 'urisdiction over such a suit then suit 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 exy,enses incurred in defend v -g --or brinain a such claim law " . inc�ling all ----------- ar - -s� recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. aty OF F;6dem I Way C" - Y I �-r -IALL 33325 Slhdovenue South Fedeli Way,VVA �,)8003-6325 (253) 835-70nD 6MLIV clt�ofledoroAway coll", 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 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 I Wi DATE: 7 - I3Z2- QQ MASSAGE: By: Ping shu Ding Printed Name: Shuping Ding Title: Owner 10/5/2020 Washington State Department of Revenue Wamington S'CE1'le DePaFLITIC-Fil, Of Re\fen"'.e < Business Lookup Entity name: DING, SHUPING Business name: QQ MASSAGE Entity type: Sole Proprietor UB1 #: 604-114-542 Business ID: 001 Location ID: 0002 Location: Active Location address: 31840 PACIFIC HWY S STE Al FEDERAL WAY WA 98003-5450 Mailing address: 18420 68TH AVE S STE 101 KENT WA 98032-1093 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this -location License # Count Details FedeW Way GeneW Business Governing People may inctud. gbw pawk not ragwwa, wm so, of staft Governing peopie TMe DING, SHUPING Registered Trade Names Registered trade names Status HEALTH MASSAGE CLUB Active QQ MASSAGE Active Status Active New search Back to results Expirap,date Fivitis&uancedat Dec -31-2020 Dec -10-2019 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/5/202011:02:33 AM https:flsecure.dor.wa.gov/gteunauth/,/#24 First issued Feb -01-2019 Dec -10-2019 1/2