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AG 20-761 - Nail PerfectionTO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: - 2412 3. DATE Q. BY.- ASAP 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) • 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/ CDG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE D RESOLUTION El CONTRACTA NT (AG#):_ El INTERLOCAL X OTHER CAR S ACT FLIN DS BUS INESS SUPPORT GRANT AGREEMENT,__ 5. PROJECT NAME: CARES ACT GRANT -4 ROUND 2 1 6. NAME OF CONTRACTOR: NAIL PERFECTION ADDRESS: POBOX 519,FEDEPALWAY WA98003-6222 T ELEPHONE: (253) 926-3019 E-MAIL: TSAPHILBRICK@YAHOO.COM SIGNATURE NAME: SUSAN SHROEDER TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATL SEE ATTACHED AGREEMENT COMPLETION DATE: 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND N01100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOL ETES) REIMBURSABLE EXPENSE: D YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: 11 CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: ---0 RETAINIAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED E] PURCHASING: PLEASE CHARGETO: 001-1800-990-518-1t)-490 Proiecte #2 Li d, 6 662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED FMTLkL / RATE .)j'�Z& - VED ZZSECT0 MANAGERECTOR El RISK MANAGEMENT (IF APPLICABLE) 0 LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE:_ COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: - COUNCIL APPROVAL DATE: 0 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: mm El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDER/NOTIFICATION 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 L OAW T ' EPARTMEN P�=/-VTORY (MAYOR OR DIRECTOR) 11 CITY CLERK El ASSIGNED AG# AG# a# COMMENTS: 7/2020 CITY OF Fedeml My CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederalway coo CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH NAIL PERFECTION This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Nail Perfection, 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: lzff_fjwlr�� SUSAN SHROEDER-PHILBRICK 3 3440 1 st Way S # 10 1, Federal Way, WA 980 Mailing Address - PO Box 3019, MILTON, WA 98354 *&161111 tbj V 1*1 X, I Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 te ep one (253) 835-2509 (facsimile) 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 th9_Vj Ul): E]"� Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage E]/ Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - 1 - 7/2020 CITY OF CITY HALL 33325 Sth Avenue South 4! Federal Way, WA 98003-6325 A** Federal Way (253) 835-7000 wlvw cityOffederalway com 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/ 100 Dollars ($ 1,000. 00). 4.2 Non -App 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. 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 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 under -stood 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. CARES ACT BUSINESS GRANT AGREEMENT - 2 - 7/2020 CITY HALL 33325 Sth Avenue South Federal Way., WA 98003-6325 (253) 835-7000 wim cityoffederalway com 5.3 CL lnd�MW&Afft. The City agrees to release, indemnify, defend and hold the Grantee, its *fficers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from ?,ny and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, 9wards, 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 lhtemretgtibgLAanqdd��Modif�i�. 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 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. W 1 MOM sT, I I I CARES ACT BUSINESS GRANT AGREEMENT - 3 - 7/2020 9/29/2020 Washington State Department of Revenue < Business Lookup License Information: Entity name: SCHROEDER, SUSAN ALLENE Business name: NAIL PERFECTION Entity type: Sole Proprietor UBI #:i 601-171-624 Business ID: 001 Location ID: 0002 Location: Active Location address: 33440 1ST WAY S STE 101 FEDERAL WAY WA 98003-6222 Mailing address- PO BOX 519 MILTON WA 98354-0519 '"M1311137 ETdorseIl, nts Endorsements held at this location Licenseft Count Federal Way General Business 14 -100492 -00 -BL Governing PeopleNay incluse qw—Mgpeople nor reg h;ftred with Swrefairy®f!Rtd Gov ern4ig peope SCHROEDER, SUSAN ALLENE Registered Trade Names Registered trade names Status NAIL PERFECTION Active N-ew search Back to results Details Status Expiration date First issuance dal Active Apr -30-2021 Mar -30-2016 "ISI View Additional Locations The Business Lookup information is updated nightly. Search date and time: 9/29/202011:23:45 AM Contact us W—, — .,. A -i-7 First issued May -13-1992 hftps://secure.dor.wa.gov/gteunauth/­,/#6 1/2