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AG 20-807 - Sophia BeautyERETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPTAXV. —ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 — 3. DATE Q. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT El SMALL OR LIMITED PLJ13LIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) Ei ORDINANCE Ei RESOLUTION Ei CONTRACTA NT (AG#):D INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: CARES ACT GRAN'T(—ROUNI) 2 6. NAME OF CONTRACTOR: SOPHIA BEAUTY ADDRESS: 1805 S 316TH ST # A102, FEDERAL WAY WA 98003-5477 T ELEPHONE: (253) 353-4775 E-MAIL: ToTo2314@GMAIL.COM SIGNATURE NAME: YOONJUNG CHOI TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS * '—'-HED AGREEMENT KPLETIO11 DATR 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 S1 000-00) 00 -0 'I �DA' 1- 0' ? V0A r �ES (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND INL REIMBURSABLE EXPENSE: OYES XNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED EYES X NO IF YES, $ PAID BY: E3 CONTRACTORD CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proiect COde#267662-25060 10. DOC U3VIENTICONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL /DATE APPROVED �11 P JECT MANAGER ,P eIRIECTOR, 0 RISKMANAGEMENT (IF APPLICABLE) El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: mm SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 CREATE ELECTRONIC REMINDERINOTIFICATION 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, El - LAW PARTMENT LAW (MAYOR OR DIRECTOR) El CITY CLERK 70 El ASSIGNED AG# AG# 0 COMMENTS: 1/2020 "TV 01; Fbideral My WITH SOPHIA BEAUTY LLC CITY HALL 3325 Sth Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 www cityoffederalway. corn This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal corporation ("City"), and Sophia Beauty LLC, a limited liability company ("Grantee"). The City and Grantee (together 'Tarties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: YOON JUNG CHOI 1805 S 316th St # A102 FEDERAL WAY, WA 98003-5477 INNOMINOM CITY OF FEDERAL WAY: Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ade.ariwoolaacitvoffederalway.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 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-19, Grantee business (check all fliatApp_ly): Was required by state or local or 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 FeRy"I'M �,- �*,� �111•1121MIXORM-31:121 CITY Of OA� 1;6dieral Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway coo 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 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 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 C ji-iiiii e COVID- I 1,Qandemic th C it shall - d _W jx4njrj� due-ta-1 e i vi e a7iwant to the Grantee in an amount pro] I �t 3 4.2 Non-Appro riation 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. - g1_1173ILTAIgIlgi — 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 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 MO -31 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 -solelp for the ��u#.,oses of this indemnification. Grantee's indemnification shall not be limited in anx3ywj 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 Rirther acknowledge that they have mutually negotiated this waiver. C11V Of OAi� F6deral Way C17Y HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway. cum 5.3 ON hidembifigation. The City agrees to release, indemnify, defend and hold the Grantee, its 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. 3-MEL"IPIA` :m= 6ontains 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 personalIv to the addressee of ths notice or maji be !`#i '# in the United States md1_,&o_stage - - . d to the address sei forth above, Ai4y 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 delap of the CitVI to declare ang breach or default immcdiatclptu�o,,,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 IFAR IM 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 ate cc iri 4"- m1rf_Vvvre (urisdiction over such a suit then suit mXj be filed in ano other Washington. Each party consents to the personal jurisdiction of e state and deral 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 Parties7 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 QfY OF CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 K,vnv cifyoffederalway com 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. UM DATE: alIFORMIUMANUM By: fftinted Name: Yoon Jung Choi Title: Owner DATE: _jj0aajI__,__ INGRIN .164 11 �O M, U W a -I-I I W R to) 0%1-11 a a, Mt " = IN z I Z A � IIIIIII 10/5/2020 Washington State Department of Revenue < Business Lookup Entity name. SOPHIA BEAUTY LLC Business name: SOPHIA BEAUTY Entity type: Limited Liability Company UB1 #: 604-253-692 Business ID: 001 Location ID: 0001 Location: Active Location address: 1805 S 316TH ST STE A102 FEDERAL WAY WA 98003-5477 Mailing address: 1805 S 316TH ST STE A102 FEDERAL WAY WA 98003-5477 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License Count Details Federal Way General Business 18 -102679 -00 -BL Governing People Nyinciudega�i�gp-pi.n� Samtmyofsmft Governing people Title CHOI, YOONJUNG Registered Trade Names Registered trade names Status SOPHIA BEAUTY Active Status Active New search Back to results Expiration date First issuance oat Apr -30-2021 s Jul -05-2018 The Business Lookup information is updated nightly. Search date and time: 10/5/2020 11:04:58 AM First issued Apr -12-2018 hftps:Hsecure.dor.wa.gov/gteunauth/,/#2 1/2