AG 20-848 - XO Nail StudioRETURN TO: Tiin Johnson EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: ONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 _ 3. DATE REQ BY. ASAP
TYPE OF DOCUMENT (CHECK ONE):
El CONTRACTOR SELECTION DOCUMENT (E.G., RIB, RFP, RFQ)
El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT 1:1 MAINTENANCE AGREEMENT
0 GOODS AND SERVICE AGREEMENT E] HUMAN SERVICES/ CDG
El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE 11 RESOLUTION
El CONTRACT AMENDMENT(AG#): CINTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
NAME OF CONTRACTOR: XO NAIL STUDIO, LLC
ADDRESS: 32225 PACIFIC HWY S # 205, FEDERAL WAY WA 98003-6017 TELEPHONE: (206) 290-7413
E-MAIL: XON AILST UDIO@GMAIL.COM
SIGNATURE NAME: T PHAN TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 1:1 PRIOR CONTRACT/AMENDMENTS,
. 9►
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TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ($2,000,00)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND
REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: 11 CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: L'I RETAINAGE AGREEMENT (SEE CONTRACT) OR [I RETAINAGE BOND
ROVIDED
El PURCHASING: PLEASE CHARGE TO: ,001-1800-990-518-10-490 Proiect Code #267662-25060 -_
0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL i DATE APPROVED
ECT MANAGER
IRECTOR
El RISKMANAGE MENT (IFAPPLICABLE)
0 LAW
1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONMTTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
0 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
* 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
* LAW DEPARTMENT N/
ATORY (MAYOR OR DIRECTOR)
El CITY CLERK 0� 10 1,
I]
AGt` �!w
ASSIGNED AG# AG
'OMMENTS:
1/2020
CITY HALL
33325 6th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
mmatyoffederativaycom
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
XO NAIL STUDIO, LLC
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and XO Nail Studio, a limited liability company ("Grantee"). The City and Grantee
(together "Parties") are located and do business at the below addresses which shall be valid for any notice
=IF-ITIMEROffinimm
TRUNGPHAN
32225 Pacific Hwy S # 205
FEDERAL WAY, WA 98003-6017
A V WK#1 a a 311131 IM -01
A e woo a
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 835-2509 (facsimile)
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1. TERM,. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
HIMMKINOM
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;
Grantee does not operate as a tax-exempt business as de -fined by the Internal Revenue
Service-,
g) Due to COVID-19, Grantee business (check all t1iat_gpTjv):
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
ply 00
FWeral Ifflay
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
mmotyoffederalwaycom
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 Two Thousand and NO/100 Dollars ($2,000.00).
4.2 Non -Appropriation 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 Grantee Indeftinification. 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
lifft, �senses to or b, anp and all y�ersons or entities includ- ny withQui limitation. their res�*,,ective 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
LegilliftAitig from th,;wismcurrent ne ligence of the Grantee and the Cit . the Grantee's liabili*A 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 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.
CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2021
CITY Ofyet
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wavey cityoffiederalway con)
5.3 ��fty fademniiication. 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 terinination of this
Agreement with respect to any event occurring prior to such expiration or termination.
Lom!#�1 i� M 0 y M"t m CiI F"
6.1 toterprogibn and Modifi�ationl. 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.
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 mag be deCcosited in the United States mai�k*ostage %rq�eaid_ to the addresmT.Lf-sycitw.—'#..#.—,iwtx�# im-A
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 an !,)Iption conferred bv this Aj,!--eement in one or more instances shall not be co� t,
SULLIC any 11spule, ullierence 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 haykle -urisisn over such a suit, then
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—Qr a3yArd Provided by law' Rrovided. however nothing in this ioaragra-?,h shall be construed to limit the
Parties' rights to indemnification under Section 5 of this Agreement.
CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020
C;TV OF
P6deral Ifty
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www ckyoffederalway. com
6.3 Execution. Each individual executing this Agreement on behalf of the City and GranteA
represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This
Agreement ma,� be executed in =! number of countgrI.Oarts each of which shall be deeme"-L�.&A"-0.7A*
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construei
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 R
counterpart of this Agreement shall be the "date of mutual execution" hereof.
,333�1 111 �=Ii ip�i�zqqi� iq� 1111�p I��jqil
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By:
f`'rinted Name: TRUNG PHAN
Title: PRESIDENT
CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020
)20
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< Business Lookup
Ir"1T-371T R -F, TIT"M
Entity name:
XO NAIL STUDIO LLC
Business name:
XO NAIL STUDIO
Entity type:
Limited Liability Company
U 0:
604-477-716
Business ID:
001
Location ID:
0001
Location:
Active
Location address: 32225 PACIFIC HWY S
STE 205
FEDERAL WAY WA 98003-6017
Mailing address: 32225 PACIFIC HWY S
STE 205
FEDERAL WAY WA 98003-6017
Excise tax and reseller permit status:
Secretary of State status:
Endorsements
Endorsements held at this location License #
Count
Federal Way General Business
Governing People M., 1.d.dega—ly pwipt. —td MEN S-mMy.fStaft,
Gaverning peopie
PHAN, TRUNG
Registered Trade Names
Registered trade names
Status
8TH DAY SPA
Active
XO NAIL STUDIO
Active
https://secure.dor.wa.gov/gteunauth/—,/#6
New search Back to results
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Details Status Expiration date First issuance dar
Active Oct -31-2020 Oct -11-2019
Title
View Additional Locations
The Business Lookup information is updated nightly, Search date and time: 10/9/202012:46:48 PM
First issued
Sep -18-2019
Sep -04-2019
112