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AG 20-662 - Thai CorporationRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPTAXV. ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: 1, TIM JOHNSON EXT: 2412 3. DATE Q. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PLJ13LIC WORKS CONTRACT 0 SMALL OR LIMTFED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CONTRACT AMENDM[ENT(AG#): El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACI'GRAN_T_(rQt,ND 2 . ........ NAME OF CONTRACTOR: THAI COPORATION (EDEN NAILS) ADDRESS: 34024 HOYT RD SW # E, FEDERAL WAY WA 98023-3224 TELEPHONE: (206) 823-4272 E-MAIL: EDENNAILS@YAHOO.COM SIGNATURE NAME: HAU THAI TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT, COMPLETION DATE: TOT COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND N01100 (ELOOO.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 11 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: E3 CONTRACTOR El CITY RETAINAGE: RETAiNAGEAmoUNT: ..........L-1 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND ROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800 990-518-10-490 Project Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL DATE APPROVED 0 P JECT MANAGER IRECTOR 7- [I RISK MANAGEMENT (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING Ei SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:-- • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE oc (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 DEPARTMENT ATORY (MAYOR OR DIRECTOR) 0 CITY CLERK El ASSIGNED AG # AG4 n20- ;O S: 1/2020 IT OF Federal Way CITY HALL 33325 Sth Avenue South FederW Way, WA 98003-6325 (253) 835-7000 wwvv cifyoffedefalwav com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH THAI CORPORATION This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Thai Corporation, a profit 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: HAU THAI 34024 Hoyt Rd SW # E 1,Lwederal Way, WA 98023-322U (206) 823-4272 (telephone) e O.Com Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ade.ariwool�@Si�Tffederalway.com 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CO_NrRl:[Io S 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; M ) Grantee maintains a current City of Federal Way business license c) Grantee has paid all taxes and goverriment 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 apply): 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 CITY OF Fbderzl VVay CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) M-7000 wwwatyof4uleralway 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. IVA 111110 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses to the Grantee in an amount not to exceed One Thousand and NO/100 Dollars ( 1,000.00). 4.2 Non-Appropri �ation 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 -Q. 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 -ey,=-,es tt 111T bv a -w, 3L -a:t.d 01 trig 0 LTI!JM- 14 10 10 10) 11 M ti-NI"K011- 10MMU4 Oil Minie Should a court or competent jurisdiction aefermine t1lat tills Agreement is suDJec=5 &V -T -T lV721,. -5, Vien, 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 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 Ln§UM= AgL1EgjjZ 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 1r by any third party under CITY I OF Fbderal Vft CITY HALL 33326 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederalway coin workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 CgXltd��� . 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 a ents licensees or reppresentatiyes_= ising from, resulting from or connectt!.d with this Agreement to the t -Went 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 hdqmvcfkioa��d M�odific �. 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 declaret 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 . -iv,�;.+r Irstl4awk pcid*#4i 4V& C4 -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 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 . Failure or delay of the City to declare any breach or default immediately uDon occurrence shall not waive M INTIM&OGIO =1414FIOMMM�Ml I Ent - UCC OTU MC 0 111 U I Ll I U I U =11= U IC r WL L I C 5 il 1-C Ina 0 1 -077-M= I ' U I SP I LE, U1 11 Jr U16PLLU, UIM110t, 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 filed in 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 to limit the I W! kvqr,-&�M 11M414.2ten of [I C-11 else go toral CIVY OF OA� FbIderal Alay CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 "w viyoffederalway c-om 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 Ane-ement may be executed in any number of countff,*-=.a, each of which shall be deemed an 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 pro , duce, one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instnunent 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 X DATE: A, M 9 11 r,11 Me) R Fir,ATE: 10/14/2020 10114/2020 Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: THAI CORPORATION Business name: EDEN NAILS Entity type: Profit Corporation UBI #: 602-691-539 Business ID. 001 Location ID: 0001 Location: Active Location address: 34024 HOYT RD SW STE E FEDERAL WAY WA 98023-3224 Mailing address: 34024 HOYT RD SW STE E FEDERAL WAY WA 98023-3224 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 04 -103561 -00 -BL Active Jan -31-2021 Oct -15-2004 Governing People My 1-1.d.9—Mg people not registered .1rh S—f-y.fStw Governing people Title THAI, HAU Registered Trade Names Registered trade names Status First issued EDEN NAILS Active Feb -02-2007 Contact us https://secure.dor.wa.gov/gteunauth/—/#35 1/2