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Home My WebLink AboutAG 20-585 - Absolute-Cana Acupuncture ClinicRETURN TO: Tim Jofmson EXT: 2412 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 AGREEMEN ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ HUMAN SERVICES 1 CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ CONTRACT ANT (AG), ❑ INTERLOCAL OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT NAME OF CONTRACTOR: ABSOLUTE-CANAACUPUNCTURE CLINIC VLA,6, ADDRESS: 33515 10TH L S # 10, FEDE L WAY A 98003-7300 T ELEPO : (253) 941-3996 E-MAIL: IANJIVA@ OT AIL.COM SIGNAT E: IAN SOK TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 11 SCOPE,r• OR SERVICES ■ COMPENSATION ■ INSURANCE REQUIREMENTS/CFRTIFICATE■ ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS k TERM: COMMENCEMENT iY r AGREEME NT COMPLETIONDATE: Irl • 0'IS SALES TAX •>«1� • • � • r • r IRRIUM-9"o Mw OWNS OWED ■ YES X NO RETAINAGE: RETAINAGEAMOUNT: L.1 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND ROVIDED ►, DOCUMENT/CONTRACT REVIEW 0 PROJECT MANAGER ■ RISKMANAGEMENT ■ LAXT ROOM* W Is 0 91 SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: INITIAL1 DATE APPROVED COMMITTEE COUNCIL .ODATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'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 D-P;�RTME I° mNl ATOR` (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIG AG# ASR :OE Si 1/2020 off -W CITY 0 3 5 F,10, Federal Way F CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH ABSOLUT E-CANA, ACUPUNCTURE CLINIC PLLC rhis Grzalt AgNehlent ("Agmement77) is nutdc between the City of Federal Way, a Washington municipal -0. d Ab�qjbte_Qana Acupuncture Clinic PLLC, a professional limited liability company COT00*1 c �wl mraaee - fite City and 0 nice ftogether "N(Oles") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: IAN SOK 33515 10th P1 S 4 10 FEDERAL WAY, WA 98003-7300 (253) 941-3996 (telephone) iaqji-%ra@,hotmaii.com The Parties agree as follows: Ade Ariwoola 33325 Sth Ave. S Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ' ) ade.aTiwoola@citvoffederalway.com I. TERM, This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2.1 Warranties, The Grantee warrants the following, which are pre -requisites for gat -it 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 goveriu-nent fees due up to the date of execution of this grant agreement-, d) Grantee's business employs no more than die 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 S 1.5 million per year; 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 5011'0 lost revenue 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 CARES ACT BUSINESS GRANT AGREEMENT 1 of 4 101/8/2020. 6:14 AM CITY or Federal Way c) Insurance d) Utilities e) Marketing f) Payroll VIA 7 Co, 3 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-1 9 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/100 Dollars (S1,000.00). 4.2 �, t , of Fund,;. 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. S. INDEMNIFICATION, 5.1 GrIantee Indemnification. The Grantee a-rees 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 litigation expenses to or b 7 ang and all izersons or entities includin,4, without limitation - 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 resulting from the concur -rent negligence of the Grantee and the City, the Grantee's liability 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 Grantue 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 anv,;�,ay 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 fuither acknowledge that they have mutually negotiated this waiver. 5.3 City -hichnnnification. The City agrees to release, indemnify, defend and hold the Grantee, its 2 of 4 10/8/2020, 6:14 A -N1 - -- — ---- — — ---------------------- I A& CITY OF 4W 4�1.— Federal Way C1 Pv HAL_ 33325, 8th Xem,. SCU01, Federal Vai, 'A'A 98003 t3325 (253; 835 70c 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, il-IjUries, 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 frown, resulting from or connected with this Aa-reement 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. 6,1 Li Ut . 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, not] 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 ?arties 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 deyosited in the so posted in the United States mail shall be deerned received three (3) days after the date of mailing, Any remedies provided for under the terms of this Agreement are riot intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in cguitx or by statute. The failure of the Citli to insist upon strict perfort-nance of any of the covenants and agreements contained in this Agrectrient, 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. 1greeiinii i 0 1 right to declare another breach or default. This Agreement shall be inade in, governed by., and interpreted I in accordance with the laws ofthe State of Washin,,gon. If the Parties are unable to settle anqr#11T#M5RW'iwtwmmwc- 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 ne have 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 recovc7,LaLLw_aLd_,providcd by law;.erovided however no thin L -T t* Parties' rights to indemnification under Section 5 of this Agreement. 6.3 Execution. Each individual executin gthis Agreement on behalf of the City and Grantee represents and warrants that such inddual is duly authorized to execute and deliver this Agreement This Agreement may be executed in any riumber of counterparts, each of which shall be deemed an original and with the same effect as it' all Parties hereto had signed the same document. All such counterparts shall be construed ICARES ACT BUSINESS GRANT AGREEMENT - 3 � ITIM71711 M1 3 of4 10/8/2020. 6:14 AM city Of -N .� Federal Way C111-yHALL 33325 Str,, Avenue S00h Federal 70zy VALA, 980(�',3-6325 (253, 81--5-7000 together and shall constitute one instr6ment, 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 ()f all signature and acknowledgment pages- The date upon which the last of all of the Parties haw executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. CITY OF FEE)ER- L WAY: DATE M Printed Namc Title: e4 - DATE: 4 of 4 -4- 10/8/2020.6:14AM Services Business Lookup ABSOLUTE-CANA ACCUPUNCTURE CLINIC License Information: New search Back to results Entity name: ABSOLUTE-CANA ACUPUNCTURE CLINIC, PLLC Business name: ABSOLUTE-CANA ACCUPUNCTURE CLINIC Entity type: Professional Limited Liability Company UBI #: 603-044-464 Business ID: 001 Location ID: 0001 Location: Active Location address: 33515 10T PL S STE 10 FEDERAL WAY WA 98003-7300 Mailing address: 33515 10TH PL S STE 10 FEDERAL WAY WA 98003-7300 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 08 -100994 -00 -BL Active Sep -30-2021 Mar -03-2008 Governing People may include governing people notregistered with Secretary of State Governing people Title SOK, IAN