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HomeMy WebLinkAboutAG 20-138 - Asio Family CareLI- RETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT 1: ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY.-__,&sAp TYPE OF DOCUMENT (CHECK ONE): a CO'V-rk,, 4.CTOV SELECTIO-V DOCUNEVT �E.G., RTB, RFP_ RFQ) 11 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT [I HUMAN SERVICES / CG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACT AMENDMENT (AG#): DINTERLOCAL X OTHE - R CARESAC7 FUNIS BUSINESS SI.JPPURTCRANTAGRFELI.Ia LIL_,____ PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: ASIO FAMILY CARE, PLLC ADDRESS: 720 S 320TH ST, #E, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 709-8280 E-MAIL: DOCLucKY45@AOL.COM SIGNATURE NAME: KRAFT KRAFT TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS COMMENCEMENT DATE:, SEE ATTACHED AGREEMENT COMPLETIOA DATE: ---Am 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: El YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES, PAID BY4 E CONTRACTOR 11 CITY RETAINAGE: RETAINAGEAmoUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El R-ETAINAGE BOND PROVII A El PURCHASING: PLEASECHARGETO: 001-1800-990-518-10-490 P�olect Code 910662-25060 0. DOCUMENT/CONTRACT REVIEW El PROJECT MANAGER 11 DIRECTOR Ej RISIS MANAGE MENT (IF APPLICABLE) 0 LAW SCHEDULED COMMITTEE DATE:COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D. El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS [I CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PR10R 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 neede INITIAL/ DATE SIGNED El LAW DEPARTMENT SIGNED BYLAW 07-28-20 0 SIGNATORY (MAYOR OR DIRECTOR) L1 CITY CLERK AG# 1/2020 CITY OF My CITY HALL 33325 8th Avenue South Federal Way., WA 98003-6325 (253) 835-7000 ",w cityoffederalway com C -ARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH ASIO FAMILY CARE, PLLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Asio Family Care, PLLC, a professional 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: I M, � Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalway.com 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions tescribed herein. 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 employees (20,800 man-hours total for all employees per year). f) Grantee's net revenues do not exceed more than $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 Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: �91_ �311 CITY OF CITY HALL 33325 Sth Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 mvw cityoffederalway corn a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. M *�Vgjjv W"Al 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non-AnDronriation 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 agreern ent. 5. INDEMNIFICATION. 5.1 Grantee Indemnification. The Grantee agrees to release indemnify, defend, and hold the City, i elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers haimless, any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgment awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, an litigation expenses to or by any and all persons or entities, including, without limitation, their respective agent licensees, or representatives, arising from, resulting from, or in connection with this Agreement or t performance of this Agreement, except for that portion of the claims caused by the City's sole negligenc Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in t event of liability for damages arising out of bodily injury to persons or damages to property caused by resulting from the concurrent ne -1-6ya-W only to the extent of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to efi�nll and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, ang volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph ' Th City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid any these covenants of indemnification. ■ CARES ACT BUSINESS GRANT AGREEMENT -2- CITY OF r6deral V�oy CrTY HALL 33325 Sth Aveme South Federal Way, A/A 98003-6325 (253) 835-7000 myw cjtyoffedera1Lvqy cern 5.3 Ofy lndeWh&�. 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 ten-nination. 6.1 hitgMtguition and MOJfic6tion. This Aueement 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 Par -ties. 6.2 Enforcement. Any notices required to be given by the Parties shall be delivered at the address set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any noti so posted in the United States mail shall be deemed received three (3) days after the date of mailing. A remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City insist upon strict performance of any of the covenants and agreements contained in this Agreement, or d 'y n e sd g h Cr 0 ne 0 alf A Iss t i It ty or v 3_ .1 exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiv 1 3, or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not wai such breach or defii.&�*�- �ie Citv--htieelgre grgegre-grk accorciance wim Ine laws ot the Mate ot-TT4shuv4on-.4t- the Partif-,,4 ar claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall b - by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King Count Washington, unless the parties agree in writing to an alternative process. If the King County Superior Co does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King Co t Washington. Each party consents to the personal jurisdiction of the state and federal courts in King Co t Washington and waives any objection that such courts are an inconvenient forum. If either Party brings an claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney*s fees an expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any oth recoverg or award �sxovided bVA lamL:4s.-rovided, however--how-&N-,Wdrr*Ugngfti---i�., 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 represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This CARES ACT BUSINESS GRANT AGREEMENT -3- CITY OF CITY HALL 33325 8th Avenue South 10"M 71��, Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com A$rccment may be executed in any -number of counterparts, each of which shall be deemed an original and with the gtmo effect as if all Parties hereth: 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 produc* 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. 0 DATE: 02� "w- 10 F I ILY C, 1 E, P C: y: 1072 Printed Name: Title: DATE: ---7 — ?k 4c 9�G CARES ACT BUSINESS GRANT AGREEMENT -4- 7/24/2020 Services Business Lookup ASIO FAMILY CARE, PLLC eServices License Information: New search Back to results Entity name: ASIO FAMILY CARE, PLLC Business name: ASIO FAMILY CARE, PLLC Entity type: Professional Limited Liability Company UI #: 602-567-769 Business ID: 001 Location ID: 0001 Location: Active Location address: 720 S 320TH ST STE E FEDERAL WAY WA 98003 Mailing address: 720 S 320TH ST STE E FEDERAL WAY WA 98003 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 Federal Way General Business 06 -100156 -00 -BL Active Dec -31-2020 Jan -27-2006 Governing People May include governing people not registered with Secretary of State Governing people Title KRAFF, DEBRA Registered Trade Names Registered trade names Status First issued ASIO FAMILY CARE, PLLC Active Dec -26-2005 The Business Lookup information is updated nightly. Search date and time: 7124/2020 3:26:27 RIM https://secure.dor.wa.gov/gteunauth/—,/#1 09 1/1