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HomeMy WebLinkAboutAG 20-344 - Liberation TherapyCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: —, ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON: TIM JOHNSON .— EXT: 2412 3. DATE REQ. BY ASAP 0 PUBLIC WORKS CONTRACT 1:1 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 11 RESOLUTION 0 CON TRACTA M[ENDMENT(AG#): 0 INTERLOCAL X O —CARES ACT FUNDS BUSINESS SU PPORTGRANT AGREEMENT , PROJECT NAME: CARES ACT GRANT— ROUND I NAME OF CONTRACTOR: LIBERATION THERAPY ADDRESS: 33507 9TH AVE S, #C2, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 854-7349 E-MAIL: NITROS YNCRETIC@GMAIL.COM SIGNATURE NAME: ALAN BARCLAY TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 11 PRIOR CONTRACT/AMENDMENTS TENA: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES X NO IF YES, $ PAID BY: El CONTRACTOR 11 CITY allwomb] N PURCHASING: PLEASE CHARGE TO: .,901-1800-990-518-10-490 Pr ject Code #267662-25060 DOCUMENT/CONTRACT REVIEW ECT MANAGER CTOR ■ L: 2 SCHEDULED COMNUTTEE DATE: SCHEDULED COUNCIL DATE: CommiTIEE A-PPROVAL DATE: COUNCIL, APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS L1 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 0 LAW PARTMENT LAW (MAYOR OR DIRECTOR) tm 0 CITY CLERK 11 ASSIGNED AG # AG#,_ 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Liberation Therapy, 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: Alan Barclay 33507 9TH AVE FEDERAL WAY, WA 98003 Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions describ�_d he—rein. 2.1 smarties. 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 pandernic 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). I) 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): El Was required by state or local order to close El Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue E] Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes-, CARES ACT BUSINESS GRANT AGREEMENT -1-- CITV OF CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 wwwatyvffedera Waycom 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 the 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. V11091C 4.2 Np��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 Grantee Irideturi&atirin. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials officers ern F -.c ncri-ntr ri- rnqPntqtivF-q imi !and vniiineers harmless from m 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 aniount 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- CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) $35-7000 wwwcata.�,(,sffticiFrlihvl)ycom 53 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, arbitratio'ns, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or liti ation ext)enses to or an and all nersons or entities *ncludin ithout limitation, L1Le—u--Lty—eztiye,- ...... MUMMA 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 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 gjjkq�q�. 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 mapr be deposited in the United 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 axe 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 fall 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 arising, from this Ap the exclusive means of resolving that disyx�,difterenvoe.-or-c�. 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 filed 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 fanim. 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 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 represents and warrants that such individual is duty authorized to execute and deliver this Agreement. This CARES ACT BUSINESS GRANT AGREEMENT -3- CITY or Federal Way CITY HALL 33325 Sth Avenue South WTMV ffm LIBERA By: e Printed Name: Al Title: DATE: 2-C) CARES ACT BUSINESS GRANT AGREEMENT -4- -1— 7/2512020 Wa-,h�,ngton State Departrn�,�r�,'t & BARCLAY, ALAN R S rv, 1 c, e t, Business Lookup LIBERNT10N THERAPY License Information: Entity name: BARCLAY, ALAN R Business name: LIBERATION THERAPY Entity type: Sole Proprietor UBI #: 603-431-037 Business ID: 001 Location ID: 0002 Location: Active Location and Mailing 33507 9TH AVE S address: STE C2 FEDERAL WAY WA 98003-6397 eServices Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 16 -101209 -00 -BL Governing People May include governing people not registered with Secretary of State Governing people Title BARCLAY, ALAN R Registered trade names LIBERATION THERAPY 0 New search Back to results Status Expiration date Active Dec -31-2019 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/2512020 2:26:05 PM hftps://secure.dor.wa.gov/gteunauth/­,/#473 1/1 8/24/2020 eServices Servic.es Business Loc.,kup ILIBER,,N'TrION Ti-1,ERAPY License Information: Entity name: BARO Y, ALAN R Business name: LIBERATION THERAPY Entity type: Sole Proprietor UBI #: 603-431-037 Business ID: 001 Location ID: 0002 Location: Active Location address: 33507 9TH AVE S ST E C2 FEDERAL WAY WA 98003-6397 Mailing address: 33507 9TH AVE S STE C2 FEDERAL WAY WA 98003-6397 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 16 -101209 -00 -BL Governing People may include governing people not registered with Secretary of State Governing people Title BARCLAY, ALAN R Registered Trade Names Registered trade names Status LIBERATION THERAPY Active New search Back to results Status Expiration date Active Aug -31-2021 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 8/24/2020 2:40:45 PM I NS1111111 , -,!, W', - https://secure.dor.wa.gov/gteunauth/­/#1 91/1