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AG 20-519 - Woo Shin Acupuncture9j 41AZZE KfKNI CXT. 2412 ORIGINATING DEPT./DIV: ORIGINATING STAFF PERSON:_gm. EXT: 2412 3. DATE REQ; BY. ASAP TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFF, RFQ) • PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG F-1 REAL ESTATE DOCUMENT 0 SECS RrFYDISC UMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE ' El RESOLUTION E3 CONTRACT AMENDMENT (AG#):_ El INTERLOCAL X OTHER CAR AGREEMENT PROJECT NAME: CARES ACT GRANT- ROUND I NAME OF CONTRACTOR: WOO SHIN ACUPUNCTURE ADDRESS: 32700 PACIFIC HWY S, #11, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 334-0270 E-MAIL: WOOSHIN'ACLJPLJNC�'T'URE@YAHOO.COM SIGNATURE NAME: SHIN SHIN TITLE: SEEATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEEATTACHED --qHEDAGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO11 00 ($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 El YES X NO IF YES, PAID BY.E] CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE 1:1 PURCHASING: PLEASE CHARGETO: 001-1800-9901-518-10-490 PMjeCode # 6766?-25060� O. DOCUMENT/CONTRACT REVIEW 11 PROJECT MANAGER El DIRECTOR 11 RISKMANAGEMENT (IF APPLICABLE) F-1 LAW INITIAL,/ DATE REVIEWED RI. L �/DAIE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:----- • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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/ D 2_ ATE, SIGNE 11 LAW DEPARTMENT �Q _�jIGNED BYLAW 07-28-20 El SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK 11 ASSIGNED AG# AG# L 'OMMENTS: 1/2020 CrrY RALE 333325 8th Avenue South Federal flay, WA 98003-6325 (253) 335-7000 uv catyyoffederalwa_v. corn CA.t4KS ACT FINDSf "`i'AGREEMENT WITH ii SHIN ACUPUNCTURE This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Woo Shin Acupuncture, a sole proprietor ("Grantee"). The City and Grantee (together "Parties")are located and do business at the below addresses . be valid for any notice required under this Agreement: Woo Shin 32700 PACIFIC HWY S #11 x f61i 334-0270 (telephone I ff 111 11 I'll 11 RX-TIM41K." Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) I N ) 835-2509 I ('.. TERM.1. 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; ) 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 ant agreement ) Grantee is not the recipient of other state or federal funding made available as a response to the CVI -19 pandemic e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 -hours total for all employees per year). Grantee's net revenues do not exceed more t $1.5 million per year ) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service Due to COVI -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 $1,000 in CVI -19 related expenses Experienced 10-50% lost revenue Experienced over 5% lost revenue 2.2 Use of fGranteeaffirms that. • be used for ` following • •f CITY OP CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www Wyoffederalway corn a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4. GRANT AMOUNT. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Grantee Indemnification. 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 gation 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 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, attomeys, 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 Wwvqr. It is specifically and expressly understood that the Grante* 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. 'CARES ACT BUSINESS GRANT AGREEMENT -2- CITY OF CITY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 Federal Way (253) 835-7000 mm. cityoffederahvaly com 5.3 (iij fnd��njflcAtion. 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 hAtMretatibn 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 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. I Val= 074 ffm I I&RUM 111.2 163 11 Mg I I I I I I I VOTO I-) LI IN -1116 17-J W-17tM 191 MWIR If 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 F :�deral My � ; L CITY HALL 33325 8th Avenue South Federal Way, WA 98003-8325 (253) 335-7000 Gv; cityoflederalwav corn 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 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 togetherto form . single instrument comprised is all pages of this Agreement , • 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 Agremw I at belo*j efRctive ft last date written below. CITY OF FEDERAL WAY' I ATE: WOO SHIN ACUPUNCTURE: s ^ Printed Name: C Title: r 7jn e- Y"' ATE: o 7/25/2020 I M1.1 Washington State Department of Revenue Services Business Lookup WOO SHIN ACUPUNCTURE License Information: Entity name: SHIN, WOO CHUL Business name: WOO SHIN ACUPUNCTURE Entity type: Sole Proprietor UBI #: 600-687-321 Business ID: 001 Location ID: 0002 Location: Active Location address: 32700 PACIFIC HIGHWAYS SUITE11 FEDERAL WAY WA 98003 Mailing address: 32700 PACIFIC HIGHWAYS SUITE11 FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License Count Details Federal Way General Business 15 -101918 -00 -BL Governing People May Include governing people not registered with Secretary otState Governing people Title SHIN, WOO CHUL Registered Trade Names Status Expiration date Active Apr -30-2021 Registered trade names Status First issued SAN SHAN HAN FANG Active Jun -01-2018 WOO SHIN ACUPUNCTURE Active Oct -27-2014 View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/25/2020 5:38:08 PIVI https:/Isecure.dor.wa.gov/gteunauth/­,/#578 111