AG 20-428 - Proficio Financial ServicesRETURN TO: TIM JOHNSON
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT 0
#RIGINATING STAFF PERSON: TIM JOHNSON EXT: IM2 3. DATE REQ. BY. ASAP
TYPE OF DOCUMENT (CHECK ONE):
0 CONTRACTOR SELECTION DOCUMENT (E.G., RFI3, RFP, RFQ)
El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT
[I GOODS AND SERVICE AGREEMENT 11 HUMAN SERVICES/ CDBG
• REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
• ORDINANCE 0 RESOLUTION
11 CONTRACT AMENDMENT (AG#):_ DINTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT—_—__
PROJECT NAME: CARES ACT GRANT —ROUND 1
NAME OF CONTRACTOR: PROFICIO FINANCIAL SERVICES, LLC
ADDRESS: 33530 1 ST WAYS, #102, FEDERAL WAY, WA, 98093 TELEPHONE: (206)-497-3328
E-MAIL: MARK@PROFIC[OFINANCIAL.COM
SIGNATURE NAME: FLATEN FLATEN TITLE: SEE ATTACHED,
EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
COMMENCEMENT DATE: SEE ATTACHED AGREEMENr COMPLETION DATE:
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAXIF 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: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED El YES X NO IF YES, $ PAID BY. El CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR [I RETAINAGE BOND PROVIDE
Il. DOCUMENT/CONTRACT REVIEW
El PROJECT MANAGER
El DIRECTOR
El RISKMANAGEMENT (IFAPPLICABLE)
0 LIW
SCHEDULED COMMITTEE DATE: COMNUTTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D_
[I ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
0 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
El LAW DEPARTMENT SIGNED By LAW 07-28-20
■
112020
CITY OF
Federal y
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wwwotyoffederalwaycom
CAVUQr�d i ESS SUPPOR-1-CV-1-1141GIaMNIELl
WITH
RV, "Itulf T-14LEtv 4"Li-cl 4, L &E2Y1L, E.&.Lu
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Proficio Financial Services, LLC, 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:
Mark Flaten
33530 ls'Way S, #102, Federal Way, WA 980
PO Box 26842, Federal Way, WA 98093 1
(206)-497-3328 (telephone)
.W
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2520 (telephone)
(253) 835-2509 (facsimile)
I - 6101eqV(jjtM&&-%i
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
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
F� Incurred over $1,000 in COVID-19 related expenses
Experienced 10-50% lost revenue
Experienced over 50% lost revenue
2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes-
WAX#ft
CITY OF CITY HALL
33325 8th Avenue South
Federal Way. WA 98003-6325
N
Federal Way (253) 835-7000
myvv cjtyoffederahvqy C0171
a) Mortgage or Rent
b) Personal Protection Equipment
c) Insurance
d) Utilities
e) Marketing
F) Payroll
Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its
designee upon request.
3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City
may recover all disbursed grant funds and terminate this agreement.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00).
4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for paymeni
under this Agreement for any fiscal period, the City will not be obligated to make payments under this
agreement.
5.1 .6tantee lndemhifi��oh. 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
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 deten-nine 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
resultin from the concurrent ne ligence of the Grantee and thi�Vip�.m:iirwcAx* AW -1 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.
5.2 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 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
acknowledge that they have mutually negotiated this waiver.
4 CITY OF
Av%
,!N,� Foderal V%My
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
avww cityoffedera4vay coo
5.3 City Weninifibation. 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
aQWnts, license_es, or representatives, arising-finin,
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.
a WmaggLIJ
.I
6.1 J1hnktMLd99QA-And Modifivition. 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
[�rovision, 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
notice or may be de osited in the United States mail postage re aid to the address set forth above.
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
CITY OF CrTY HALL
AN 33335 8th Avenue SOUth
Federal Way., VVA 98003--6325
Federal Way (33) 33-00
,VWCrPy0ffe erd 1Wgy°c-0M
Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed
together r • shall constituteone but . proof hereofonly be necessary to produce
one such counterpart. The signature and acknowledgment
es from such counterparts may be assembled
togetheri
to orm a single instrument comprised of all pages f Agreement . i a complete set
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 Ferrell, Mayor
ATE: -9—L
..
CIO ANCIAL ERVI. LLC:
Ey.
Printed Name:
Title:
ATE;
CARES
ACT BUSINESS
GRANT AGREEMENT
7/25/2020
eServices
Services Business Lookup PROFICIO FINANCIAL SERVICES, LLC
License Information:
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Entity name: PROFICIO FINANCIAL SERVICES, LLC
Business name: PROFICIO FINANCIAL SERVICES, LLC
Entity type: Limited Liability Company
UI #: 603-310-975
Business ID: 001
Location ID: 0001
Location: Active
Location address: 33530 1ST WAY S STE 102
FEDERAL WAY WA 98003
Mailing address: PO BOX 26842
FEDERAL WAY WA 98093
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
Collection Agency
Active Jul -311-2021
Jul -30-2013
Federal Way Home Occupation 13 -102939 -00 -BL
Active Jul -31-2021
Jul -16-2013
Business
Governing People May include governing people not registered with Secretary of state
Governing people Title
FLATEN, MARK D
Registered Trade Names
Registered trade names Status First issued
PROFICIO FINANCIAL SERVICES, LLC Active Jul -01-2013
111111 FINT-11fl! 11MR11
Working together to fund Washington's future
hftps://secure.dor.wa.gov/gteunauth/—,/#204 111