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AG 20-312 - Rapha Acupuncture & Herbal ClinicrJUNIENZE 104 8391• EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV. - ECONOMIC DEVELOPMENT PERSON:2. ORIGINATING STAFF • i; DATE • tQ B, ,: TYPE OF DOCUMENT ONE): ■ CONTRACTOR SELECTION DOCUMENT i ■ PUBLIC WORKSi ■ SMALL 1' LIMITED' i' ONTRACT ■PROFESSIONAL SERVICE AGREEMENT ■MAINTENANCE AGREEMENT ■ GOODS A"09.' ■ HUMAN SERVICES/r ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANT (A#): DINTERLOCAL OTHER CARES ACT FUNDS BUSINESS SPORT GRANT AGREEMENT 5. PROJECT NCARES ACT G — ROUND I 6. NAME OFCONTRACTOR: P ACUPUNCTURE AL CLINIC ADDRESS: 32020 IST AVE S, #106, FEDERAL WAY, WA, 9 003 TELEPHONE: (253) 880-9023 E-MAIL: LIMEAMP@GMAIL.COM SIGNATURE E; BYUNG Su LIM TITLE: SEE ATTACHED EXHIBITS AND 1' El SCOPE,i• OR SERVICES El COMPENSATION■ INSURANCE REQUIREMENTS/CERTIFICATE rt ALL OTHER REXHIBITS ■ PROOFOF AUTHORITY • SIGN ■ REQUIRED LICENSES ■ PRIOR CONTRACT/AMENDMENT SEE ATTACHED &GREEMENT COM, LETIO1 DATE:, *. TOTAL iM` x Ir (INCLUDE r SALES TAY, I, ONE • r AND NO/100 ($1,000.00) D ON HOURLYSCHEDULES OF I' • AND HOLIDAY REIM13URSABLE EXPENSE., El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES X NO Ir BY. ■ CONTRACTOR■ CITY ■ RETAlNAGF AMOUNT:■RAGREEMENT .x OR 11 RETAINAGE BOND PROVIDED X 1 x TO: 1 i - 8 11 '' i :- 1 ' ` 1^ 11 DOCUMENT/CONTRACT rl PROJECT MANAGER i' ..0 i. a RISK MANAGEMENTr ■ LAW INITIAL / DATE REVIEWED SCHEDULED rATE: CONM=E APPRovALCON, rt SCHEDULED COUNCIL DATE: COUNCIL APPRovAL DATE: ❑ SENT T VENDOR/CONTRACT TE SENT: DATE C'D. ❑ ATTACH: SIGNATURE TY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONICREMINDER/NOTIFICATION1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary d feel free to set notification more than a month in advance if council approval is needed.) INITIAL / ATE SIGNED ❑ LAW DEPARTMENT .Af6 Y (MAYOR ORDIRECTOR) CITY CLERK �(ASSIGNED AG# A' COMMENTS. CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityuffederalway com irl'il "iff MfX1li7llllCL11y, WITH This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Rapha Acupuncture & Herbal Clinic, a Washington corporation ("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: RAPHA ACUPUNCTURE & HERBAL CLINIC: CITY OF FEDERAIL WAY: Byung Su Lim Ade Ariwoola 32020 1 ST AVE S, # 106 33325 8th Ave. S. FEDERAL WAY, WA 98003 Federal Way, WA 98003-6325 .1 �14 It�� - t1 ll� limeamp@gmail.com (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. X" '-foa I 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 ,i) Grantee is not the recipient of other state or federal funding made available as a responsn, to the COVID-19 pandemic 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). 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): F-1 Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage F-1 Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - 1 - -1-- CITY OF CITY HALL 33325 Sth Avenue South 771, ,W_fts� Federal Way Federal Way, WA 98003-6325 (253) 835-7000 Www cityoffederalway corn a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. IF 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 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 ffideirtAificati:0b. 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 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 ternis 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 !-. 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. OTY Of FOdj��ra I My CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 vu vw atyoffederalway coo 5.3 �(itV Wemi"catidn'. The City agrees to release, indemnify, defend and hold the Grantee, i i officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmle from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceeding, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, cost, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respecti agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the exte 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 tKI E WOMMIM 6.1 jhjqayg�i �and M�odi �. 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 fall force and effect. No provision of this Agreement, including this [trovision, 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 address( set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of tf notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any noti( so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Ar remedies provided for under the ternis of this Agreement are not intended to be exclusive, but shall t cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City I insist upon strict performance of any of the covenants and agreements contained in this Agreement, or t exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiv( or relinquishment of those covenants, agreements or options, and the same shall be and �tr - -r":2. t11TW VAOX effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not wai'V - such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted i accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference c claim . arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall b by filing suit under the venue� rults and JurMiction of the King County Superior Court, King Count3 W4§hJugidti,, unless flip parties 4grpe in writing to an alternative process. If the King County Superior Coul dots totlive jurisdictior! over sudi a suif;' thelf�suit may be filed in anrL other ayigurp_criate court in Kin�-4,�-, fV, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King Count Washington and waives any objection that such courts are an inconvenient forum. If either Party brings an claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees an expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any othe recovery or award provided by law- rovided, however however nothing. in th' M4 1 9 1 is j2arau-?W�. s.�:all 42yLkeirlistxiff t* 14 4 4 10 9 1 Pro 14 IN IN I If 14 RJ Mr -161 1011 INASIM IS Ifimgir-r-1 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- �a f CITY !-PALL 33325 8th Avenue South Federal Wad, WA 98003-6325 (253) 835-7000 WWW cj"ffederalway 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 together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature ` + M acknowledgment pages. The date upon which the lastall of Parties + executed _+i 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 Feayor ATE: —T/- 1 PHA ACUPUNCTURE & HERBAL CLINIC: Y Printed Name: � "L�Lion Title, g,Af � ATE: CARES ACT BUSINESS GRANT AGREEMENT -4- Services Business Lookup RAPHA ACUPUNCTURE & HERBAL CLINIC License Information: Entity name: JOHNING CORPORATION Business name: RAPHA ACUPUNCTURE & HERBAL CLINIC Entity type: Profit Corporation UBI #: 602-659-160 Business ID: 001 Location ID: 0002 Location: Active Location address: 32020 1 ST AVE S STE 106 FEDERAL WAY WA 98003-5718 Mailing address: 32020 1ST AVE S STE 106 FEDERAL WAY WA 98003-5718 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 11 -102212 -00 -BL Governing People May Include governing people not registered with Secretary of State Governing people Title LI, BYUNG S LIM, YOUNG Registered Trade Names New search Back to results Status Expiration date Active Oct -31-2020 Registered trade names Status RAPHA ACUPUNCTURE & HERBAL CLINIC Active 2 RAPHA INTEGRATIVE CARE Active View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/25/2020 1:53:27 PM https://secure.dor.wa.gov/gteunauth/—/#350 111