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Home My WebLink AboutAG 20-420 - Pho HoangRETURN TO: EXT: (21 1 I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER . PROJECT NAME: CARES ACT GRANT RESTAURANT AMENDMENT NAME OF CONTRACTORYHO HOANG RESTAURANT, AN XUAN PHAM L_ Ld— ADDRESS: 31871 GATEWAY CENTER BLVD S TELEPHONE: (253) 529-7288 E-MAIL: PHOHOANGFEDERALWAY@YAHOO.COM SIGNATURE NAME: ANDY PHAM TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) FIVE THOUSAND AND NO/ 100 ($5,000) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ .PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW 0 P CT MANAGER IRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR T) RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE INITIAL / DATE REVIEWED SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: DATE SENT: INITIAL / DATE APPROVED dq ! er COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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 ATORY (MAYOR OR DIRECTOR) I CITY CLERK ❑ SSIGNED AG# AG# 20-420 ;OMMENTS: 1/2020 CITY OF CITY HALL Fe d e ra I Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. ciryoffederalway com AMENDMENT NO. 1 TO CARES ACT BUSINESS SUPPORT GRANT AGREEMENT WITH PHO HOANG RESTAURANT, AN XUAN PHAM LLC This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Pho Hoang Restaurant, An Xuan Pham LLC, a limited liability company ("Grantee"). The City and Grantee (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement ("Agreement") dated effective November 17, 2020, as follows: 1. AMENDED COMPENSATION. The amount of the grant, as referenced by Section 4 of the Agreement, shall be amended to change the total grant the City shall pay the Grantee as delineated in Exhibit A-1, attached hereto and incorporated by this reference. Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of payment of this Agreement. 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. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. [Signature page follows] AMENDMENT - 1 - 3/2017 ` CITY OF CITY HALL Fe d e ra I Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: C) Jim Fe Nftyor DATE: 1 PHO HOANG RESTAURANT, AN XUAN PHAM LLC: By: Printed Name: Title: n k) K e. �� AMENDMENT - 2 - 3/2017 CITY OF: CITY HALL Federal Way Feder 8th Avenue South 8003 Federal �Vay. N!A 98003-6325 (253) 835-7000 wivw c; tyoffederalway coir EXHIBIT A-1 ADDITIONAL COMPENSATION 1. Total Compensation: In order to promote economic activity in the City and in response to losses incurred due to the COVID-19 pandemic, the City shall provide an additional grant amount not to exceed Five Thousand -and NO/100 Dollars ($5,000.00). The total amount payable to Grantee pursuant to the original Agreement and this Amendment shall be an amount not to exceed Five Thousand and NO/100 Dollars ($5,000.00). AMENDMENT - 3 - 3/2017 RETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON: TIM JOHNSON TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.C�, RFB, RFP, RFQ) EXT: 2412 3_ DATE REQ. BY: ASAP ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL X OTHER CARES ACT FUNDS BUS [NESS SUPPORT GRANT AGREEMENT PROJECT NAME: NAME OF CONTRACTOR:! PHO HOAN PAD HOMQ 6 RiesTAUIZAMT ADDRESS: 31871 GATEWAY ENTER BLVD S, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 529-7288 E-MAIL: PROHOANGFEDERAY@YAHOO.COM SIGNATURE NAME: PHAM PHAM TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO:. 001-1800-990-518-10-490 Project Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) ❑ LAW INITIAL/DATE REVIEWED INITIAL/ DATE APPROVED 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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 IGS D BY L w 07-28-20 IATORY (MAYOR OR DIRECTOR) a ❑ CITY CLERK ❑ ASSIGNED AG# AG# 2i -L12.4 ;OMMENTS: 1/2020 . J-0 city OF M, HALL �.�. Feder 3COOth ue South Federal `clay Vi`A 99003-6325 Federal Way 253 ; 35- ,.,..v )If, Lie( CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH PHO HOANG RESTAURANT. AN XUAN PHAM This Grant Agreement (``Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Pho Hoang Restaurant, An Xuan Pham 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 required under this Agreement: � PN/1An�^T(_AFCT1i'p.��TT �N�TT��T PHAM: An Pham 31871 GATEWAY CENTER BLVD S FEDERAL WAY, WA 98003 ('53) 52n n00 1uluFl lV LlG), phohoangfederalway@yahoo.com The Parties agree as follows: rr•ry n17VVnV D .. T X... v. Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (251) ;35-2_G3 ade.ariwooIa@cityoffederalway.com 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions descn oed 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 is not the recipient of other state or federal funding made available as a response to the COVID-19 pandemic e) Grantee's business employees no more than the equivalent of ten (10) full-time emplovees (20.800 man-hours total for all emnlovees ver vear). t) Grantee's net revenues do not exceed more than S 1.5 million per year g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service h) 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 nnn :.- !"r'%l FT" , n 11 ll.rullVU VY�rI y'l I,V VV 111 VV � 1L-171LLLLL{..0 VA�1l.1lJl.J ❑ Experienced 10-50% lost revenue Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGRFFMF.NT CITY OF CIT'rHALL_ 33,325 8*h Aven,.e Sc�.V,, .� Federal Way Federal Aa} 98GC3-5325 1253;83=-7000 acknowledge that they have mutually negotiated this waiver. 4�.3 City Indemnificatil�n The City a�*rees to release- indemnify. defend and held the Grqntc-e ;N 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. 6. GENERAL PROVISIONS. 6.1 Into rotation and '.10odific:ation. This Agreement contains all of the agreements of the Parties rr!Zh ant i7natt,i L.V w\.1 VU VL 111\.11L1V11L.L1 111 1.1113 a11L1 1LV PLLUl 3LaL1-:L11G11LJ UL a61GGl1LC11LJ, 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. 0.2 tntorcement. Any notices required to be given by the Farttes 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 may be deposited in the United States mail, postage prepaid, to the address set forth above. Any 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 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 any dispute, difference or claim arisiniz from this Aereement. the exclusive means of resolving that diSDUte. 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 have jurisdiction over such a suit, then suit may be tiled in any other appropriate court in King County, 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 PYnPn QPQ inrltrrPd In (l PfPnrl7nV nr 6rincnnn cnrh nigh,, nr 1�n•cr7ih innhiriinn oll nn"lc n �d,44;r 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. 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee CARFS .ACT BUSINESS GRANT AGREF.MFNT - ; - CITY OF CITY HALL �� 8th Avenue South Federal Way Feder Federal 'J1lay SVA 98003-6325 12531835-7000 sww U1, 0r,:0VI ,rwav LU.',: 2.2 Use .of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent UJ Ft:UjUtidl FrU1CLAW11 Gqulpinein 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. GRANT AMOUNT. 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 (S 1,000.00). 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. INDEMNIFICATION. 5.1 Grantee Indemnification. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from anv and all elnim, demand,; nrtinnc cuitc rancea of irtion arh1tratinnc mPrtiatinn¢ nrnrPPr11nvc Mdo nPntc 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 .. - 1:.,...,.. , r .l. •..•+�•.....b ...,... ...v v.,..v......u...�.b..b........ ...uuwuly u�.i�.uiLul.i o1LULL vv 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.-, industriai insurance tact waiver. it is speciricaiiy and expressiy unaerstood tnat the Orantee 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 e"r n I' C 7\ *r' C• C' !"` n A A ^r A/ n r" 1 1 T T X r 'T LI 11\LJ \\.l UVJL.�LJU V1\lil�A AV1\LLIV LLIIL ,,,, urr of 400.,Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �tiIvw otyoffedera'wav colli represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Ag=reement may be executed in any number of counterparts, each ofwhich shall be deemed an original and with the -qame effect as if all Parties hereto had signed the same cin..umernr A11 cu(,h coljntem�r+c , qII h� r•I I 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. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Fe . 1i ` DA I E: i PHO HjANG REST � By: --I. Printed Name: Title: j DATE: NT, ANXL'A PHAM: t r:i t _\ ,I Inti/) CARES ACT BUSINESS GRANT AGREEMENT -4- 7/25/2020 Washington State Department of Revenue Services Business Lookup PHO HOANG License Information: Entity name: PHO HOANG, LLC Business name: PHO HOANG Entity type: Limited Liability Company UBI #: 602-997-249 Business ID: 001 Location ID: 0001 Location: Active Location address: 31871 GATEWAY CENTER BLVD FEDERAL WAY WA 98003 Mailing address: 1215 S MAIN ST SEATTLE WA 98144-2030 Excise tax and reseller permit status: Click here Secretary of State status: Click here eServices New search Back to results Endorsements Endorsements held at this location License # Count Details Status Expiration date Federal Way General Business 10 -101295 -00 -BL Active Mar -31-2020 Restaurant Beer Only 80051 Active Mar -31-2021 ('governing People May include governing people not registered with Secretary of State Governing people Title HUYNH, MAI PHAM, AN Registered Trade Names Registered trade names PHO HOANG Status Active The Business Lookup information is updated nightly. Search date and time: 7/25/2020 3:52:22 PM Working together to fund Washington's future First issuance Jun -04-2010 Dec -27-2010 First issued Mar -05-2010 https://secure.dor.wa.gov/gteunauth/_/#176 1 /1