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AG 20-104 - Acupuncture & Herbal Clinic. ....... — — -------- - -------------- - ------ . ... . . ..... RETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROWWQ VQRML – — – - 81 is 5 %"g R%ft ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT U?tGINATING STAFF PERSOM EXT: 2412 3. DATEREQ.BY. ASAP . _.Itm joHNsoN E] PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE 0 RESOLUTION El CONTRACT AMENDMENT 11 INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS St,,) PPOR]" GRANT AGREEMENT . PROJECT NAME: CARES ACT GRANT - ROUND I NAME OF CONTRACTOR: ACUPUNCTURE & HERBAL CLINIC ADDRESS: 32124 1 STAVES, #200, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 632-1530 E-MAIL: ACUIIOO@YAHOO.COM SIGNATURE NAME: YE YE TITLE: SEE ACHED EXAMITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 Al OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,00 00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED L1 YES X NO IF YES,$ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE N PURCHASING: PLEASE CHARGE TO:. -001-1 800-990-518-10-490, Project Cqde # 267662-25060_ 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED El PROJECT MANAGER 11 DIRECTOR El RISKMANAGEMENT (IF APPLICABLE} 0 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: –, DATE REC'D:- 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 13 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 11 LAW DEPARTMENT SIGNED By LAW 07-28-20 0 SIGNATORY (MAYOR OR DIRECTOR) 11 CITY CLERK El ASSIGNED AG# CITY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffecteralway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH ACUPUNCTURE & HERBAL CLINIC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Acupuncture & Herbal Clinic, 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: 0611148z����N a lei Qijian Ye 32124 1 ST AVE S, #200 FEDERAL WAY, WA 98003 acullOO@yahoo.com Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) f witiow1k, 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITIONS OF GRANT 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): E] Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses E] Experienced 10-50% lost revenue 9-"- Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - 1 - CITY OF CITY HALL 33325 Sth Avenue South Federal Way, NNA 98003-6325 Federal Way (253) 835-7000 vwnv. o1yoffederalway com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount, In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non-Amoropriation 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 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 com-tetent �urisdiction determine that this Ayieement is sub�ect 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 Grantvs 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. 161 U1618*01163kil Out 4"" hNNEANNNNUT1 �Z� ZITY OF ANN F6deral Ifty CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 wimcityoffederalwaycom 5.3 C1tV Werimifitatiori. 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. 1 11 "I'll 91111MOW9 6.1 Inte-i-vretation and ModifleatiOn. This Aueement 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 authorizc0- 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 deposited in the United States mail, posta e re aid, to the address set forth above. a 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 -A- a�t'�OQ F�Oderal CITY OF CITY HALL 33325 Sth Avenue South Federal ;Nay, WA 98003-6325 (2 a) 835-7000 w cilyoflederalway cern 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 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 this Agreement shall be the "date of mutual execution" hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. i Ji�efrell, Mayor ATE: —W-�V-2--YD ACUPUNCTURE & HERBAL CL IC' Y Pri'Nae: Title: ATE: q 2A ' 7124/2020 eServices Washington State Departnient of Revenue, Sen4ces Business Lookup ACUPUNCTURE & HERBAL CLINIC License Information: New search Back to results Entity name: YE, QIJIAN Business name: ACUPUNCTURE & HERBAL CLINIC Entity type: Sole Proprietor UBI #: 602-579-706 Business ID: 001 Location ID: 0001 Location: Active Location address: 32124 1 ST AVE S ST E 200 FEDERAL WAY WA 98003 Mailing address: 32124 1 ST AVE S STE 200 FEDERAL WAY WA 98003 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 �- 06 -100504 -00 -BL Active Feb -28-2021 Feb -03-2006 Governing People May include governing people not registered with Secretary of state Governing people Title SHI, AlYING YE, QIJIAN Registered Trade Names Registered trade names Status ACUPUNCTURE & HERBAL CLINIC Active The Business Lookup information is updated nightly. Search date and time: 7124/2020 2:52:56 PM https:Hsecure.dor.wa.gov/gteunauth/—,/#45 1/1