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AG 20-378 - MH Wellness & AcupunctureRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL 'WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE Q. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFR RFQ) 11 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG 0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 11 ORDINANCE El RESOLUTION El CONTRACTA NT (AG#):_ El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT - ROUND I NAME OF CONTRACTOR: MHWELL NESS&ACUPUNCTURE STUDIO ADDRESS: 34503 9TH AVE S, #320, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 632-0555 E-MAIL: MASTAHHO@GMAIL.COM SIGNATURE NAME: Lim LIM TITLE: SEEATTACHED EANIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 11 COMPENSATION 1:1 INSURANCE REQUIREMENTS/CERTIFICATE D ALL OTHER REFERENCED EXHIBITS D PROOF OF AUTHORITY TO SIGN E1 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DAOMPLETION 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: 11 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 1:1 YES X NO IF YES, $ PAID BY: D CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAfNAGE BOND PROVID-1 El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Er 0. DOCUMENT/CONTRACT REVIEW 0 2P !1OJECT MANAGER bg=ECTOR El R-ISKMANAGEMENT (IFAPPLICABLE) El LAW P.W4111,21 8 t - -► . 14 # I I 111MAKT11alklm SCHEDULED COMMITTEE DATE SCHEDULED COUNCIL DATE: INITIAL /DATE APPROVED _2 COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: D SENT TO VENDOR/CO NTRACTOR DATE SENT: DATE REC'D:— El 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 LAw07-28-20 El SIGNATORY (MAYOR OR DIRECTOR)� 4 El CITY CLERK W alit I "14DW 0 ASSIGNED AG# AG# 'OMMENTS: - --- — -------- 1/2020 4ty 6F F�6dera 1 VOy CITY HALL 33325 8th Avenue South Federal Way., WA 98003-6325 (253) 835-7000 wwvv cityoffederalway corn CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH MH WELLNESS & ACUPUNCTURE STUDIO This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MH Wellness & Acupuncture Studio, 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: Ho Lim Ade Ariwoola 34503 9TH AVE S, #320, Federal Way, WA 98003 33325 8th Ave. S. Mailing address: Federal Way, WA 98003-6325 7137 Montevista Dr SE, Auburn, WA 98092 (253) 835-2520 (telephone) (253) 632-0555 (telephone) (253) 835-2509 (facsimile) mastahho@grnail.com ade.ariwoola@cityoffederalway.com 1. 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 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 $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue I uus• • �,-Tmg "amenammr., 30 i =0 �= CITY OF CrFY HALL 33325 8th Avenue South Federal Way., WA 98003-6325 Federal Way (253) 835-7000 www. city offederakyay com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4. GRANT AMOUNT. 4.1 Amount. In order to promote healthy economic activity in the City and in !♦ to the losses Grantee has incurred due to the COVID-19 pandemic the CitVA shall 16,rovide a -grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Gtanteb lbAftbificiffion. 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, • representatives, arising from, resulting from, • in connection with this Agreement • 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 concurrent 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 Grantee waives any in-imunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW. solelij for the (�tipjLcoses of this indemnification. Grantee's indemnification shall nti&�m*u* 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. CITY Of F efa ��d I VWky CITY HALL 33325 8th Avenue South Federal Way VVA 98003-6325 (253) 835-7000 wim. cityoffederahvqv. com 5.3 Cft ln&�fkation. 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 termination. 6.1 IntMetAtibli-and Modification. 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 ant 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. IIM M I it MATAIRI IN I I 11 R 11 111111111111 ��� III .......... 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 ITT HALL 33325 8th Aveme South Federal Way WA 98000--6025 (253) 835-7000 Agreement executed in any numberof • - . of . be deemed an original the same effect as if all Parties hereto 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 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 Agreement shallbe the "dateof •hereof IN WITNESS, the Parties execute this Agreement below, effective the last date written below. ATE: ELLNE S ACPL CTURE STUDIO: By: m_ ,m Printed Name: � Title:.em° r DATE: -4 A � CARES ACT BUSINESS GRANT AGREEMENT 7/25/2020 eServices Wash�jigton State Depwtment of Revenue SeRices Business Lookup MH WELLNESS & ACUPUNCTURE STUDIO License Information: New search Back to results Entity name: LIM, HO YONG Business name: MH WELLNESS & ACUPUNCTURE STUDIO Entity type: Sole Proprietor UBI #: 604-040-529 Business ID: 001 Location ID: 0001 Location: Active Location address: 34503 9TH AVE S STE 320 FEDERAL WAY WA 98003-8726 Mailing address: 7137 MONTEVISTA DR SE AUBURN WA 98092-8224 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance Federal Way General Business Active Dec -31-2020 Jan -03-2020 Governing People May Include governing people not registered with Secretary of State Governing people Title LIM, HO YONG Registered Trade Names Registered trade names Status First issued MH WELLNESS & ACUPUNCTURE STUDIO Active Sep -21-2016 The Business Lookup information is updated nightly. Search date and time: 7/25/20203:07:35 PM https://secure.dor.wa.gov/gteunauth/­,/#37 1/1