AG 20-105 - Acupuncture and Herbal Wellness CenterEXT: 2412
CITY OF FEDERAL.DEPARTMENT ROUTING FORM
ORIGINATINGDEPT./DIV: ECONO DEVELOPMENT
*RIGINATING STAFF PERSON:
i JOHNSON 2412 3. DATE REQBY. ASAP
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIN11TED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT ANT (AG#) ___ ❑ INTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
PROJECT NAME: CARES ACT GRANT —ROUND 1
NAME OF CONTRACTOR: ACUPUNCTURE E WELLNESS CENTER LLC
ADDRESS: 33710 9TH AAVE S, 2, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 228-0479
E-MAIL: STANLEYSCCHAN@HOTMAIL.COM
SIGNAT N : SIK CHI CHAN TITLE: SEE ATTACHED
EXHIBITS A ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
TOTAL CO PSAIO $ (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)
REIMBURSABLEEXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLARAMOUNT: $
IS SALES TAX OWED ❑ YES X NO IF YES, $_ PAID BY. ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGEAMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND
ROVIDED
❑ PURCHASING: PLEASE C G TO: 001-1800-990 518-JQ� 90 ojj get Code #/ 267662-25060
0. DOCUMENT/CONTRACT REVIEW INITIAL / ATE REVIEWED INITIAL/ DATE APPROVED
ami PROJECT MANAGE
�. 2.
�'`I CT® MANAGEMENT IF APPLICABLE)'I I'� f ..� � .� �. � a P x
RISK (
❑ LAW
1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
f
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC OTIFICATION 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
0L. EPATMENT
IG ATORY (MAYOR OR DIRECTOR)--
❑ CITY CLERK—
❑ ASSIGNED AG# AG
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CITY 60
'F6dem I VVay
CITY HALL
33325 8th Avenue South
Federal Way, VVA 98003-6325
(253) 835-7000
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CARES ACT FUNDS
■ SUPPORT GRANT AGREEMENT
WITH
ACUPUNCTURE AND HERBAL WELLNESS CENTER LLC
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Acupuncture and Herbal Wellness Center, 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:
ACUPUNCTURE AND HERBAL WELLNESS CITY OF FEDERAL WAY:
CENTER LLC:
Ade Ariwoola
Si k Chi Chan 33325 8th Ave. S.
33710 9th AAVE S, #2 Federal Way, WA 98003-6325
FEDERAL WAY, WA 98003
(253) 835-2520 (telephone)
(206) 228-0479 (telephone) (253) 835-2509 (facsimile)
stanleyscchan@hotmail.com ade.ariwoola@cityoffederalway.com
The Parties agree as follows:
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 pandernic
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
E] Was forced to lay off employees due to reduced patronage
Incurred over $1,000 in COVID-19 related expenses
Experienced 10-50% lost revenue
E] Experienced over 50% lost revenue
2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes:
CARES ACT BUSINESS GRANT AGREEMENT - 1 -
CITY OF CrTY HALL
33325 Sth Avenue South
Federal Way Federal Way. WA 98003-6325
(253) 835-7000
m,vpv. Wyoffederalway com
a) Mortgage or Rent
b) Personal Protection Equipment
c) Insurance
d) Utilities
e) Marketing
F) Payroll
Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its
designee upon request.
3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City
rnay recover all disbursed grant funds and terminate this agreement.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/ 100 Dollars ($ 1,000.00).
4.2 Non -A ri or pa t
— ppropriation of Funds. If sufficient funds are not approp ated or allocated f ymen
under this Agreement for any fiscal period, the City will not be obligated to make payments under this
agreement.
5.1 Grantee hidentrilficAtion. 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 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
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
p
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 inderrmification 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-
4 CITY OF
A :t%
Fbderal MA
CITY HALL
3325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wvnv cityoffederalway com
5.3 0tv fildeirmifict6oh. 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,
andior litigation exj%enses to or bp angi and all ciersons or entities, including without limitation.,- thir rp�ojective
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.
I a INT -11 a W U-4
6.1 Interpretation 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 ami
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 authorizei
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, postage prepaid, to the address set forth above. Any notice
so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any
remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be
cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to
insist upon strict performance of any of the covenants and agreements contained in this Agreement, 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, agreements or options, and the same shall be and remain in full force and
effect. Failure or delap of the Citpi to declare anyA breach or default immediately uf,#,,on occurrence shall not waive
such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's
right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in
accordance with the laws of the State of Washington. If the Parties are unable to settle ann dis%y"t difference or
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 not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County,
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
recovery or award yrovided by law. rIrovided. however. however nothin in this ytaragravgh shall be construed to
limit the Parties' rights to indemnification under Section 5 of this Agreement.
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
CARES ACT BUSINESS GRANT AGREEMENT -3 -
CITY Op
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AN
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CITY HALL
33325 8th Avenue South
Federal Way, A 8003-6326
(253) 835-7000
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signatureAgreement 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
• i acknowledgment pages.` date upon which the lastof all of the Parties have executed s
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.
[aIme] 211 a0A—M� ST,k+
ATE::
ACUPUNCTURE AND HERBAL WELLNESS CENTS LLC::.
By:
Printed Name: 5( C H f S TA,J 1, G J' C
Title: `J n
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Services Business Lookup ACUPUNCTURE AND HERBAL WELLNESS CENTER LLC
License Information:
Entity name:
ACUPUNCTURE & HERBAL WELLNESS CENTER, LLC
Business name:
ACUPUNCTURE AND HERBAL WELLNESS CENTER LLC
Entity type:
Limited Liability Company
UBI #:
602-969-620
Business ID:
001
Location ID:
0002
Location:
Active
Location address:
33710 9TH AVE S
STE 2
FEDERAL WAY WA 98003-6734
Mailing address:
33710 9TH AVE S
STE 2
FEDERAL WAY WA 98003-6734
Excise tax and reseller permit status: Click here
Secretary of State status:
Click here
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Endorsements
Endorsements held at this location License Count Details Status Expiration date First issuanCE
Federal Way General Business 18 -100157 -00 -BL Active Nov -30-2020 Jan -24-2018
Governing People May include governing people not registered with Secretary of State
Governing people Title
CHAN, SIK CHI STANLEY STANLEY
SUN, YANMIN
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