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AG 20-494 - Therapeutic MassageRETURN TO: TIM JOHNSON 0 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, RFP, RFQ) El PUBLIC WORKS CONTRACT 11 SMALL OR LIMITED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 11 ORDINANCE El RESOLUTION El CONTRACT AMENDMENT (AG#):_ 11 INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT Ag LI�L�MMENT..___, PROJECT NAME:— CARES ACT GRANT— ROUND I NAME OF CONTRACTOR: THERAPEUTIC MASSAGE AND BODYWORK ADDRESS: 34428 PACIFIC HWY S, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 709-3649 E-MAIL: LILYILNITSKY@YAHOO.COM SIGNATURENAME: ILNITSKYILNITSKY TITLE: SEEATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 1:1 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION 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: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED EJ YES X NO IF YES, $ PAID BY: 0 CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT —(SEE CONTRACT) OR EIRETAINAGE BOND PROVIDE 0 P FXCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW =P, OJECT MANAGER 'URECTOR El RISKMANAGEMENT (IFAPPLICABLE) El LAW INITIAL' DATE REVIEWED WoCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 0 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D� El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS * CREATE ELECTRONIC REMINDERJNOTIFICATION 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 * LAW DEPARTMENT P-616NATORY (MAYOR OR DIRECTOR) El CITY CLERK 0 ASSIGNED AG# AG# 1/2020 cilry C F 41s� f�� dera I Vft CITY HALL 33325 Sth Avenue South Federal Wa WA 98003-63 (253) 835-7000 www cityoff'de ralway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH THERAPEUTIC MASSAGE AND BODYWORK This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Therapeutic Massage and Bodywork, 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: THERAPEUTIC MASSAGE AND CITY OF FEDERAL WAY: BODYWORK: Ade Ariwoola Lily Ilnitsky 33325 8th Ave. S. 34428 PACIFIC HWY S Federal Way, WA 98003-6325 PO Box 4833 FEDERAL WAY, WA 98063 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) (253) 709-3649 (telephone) ade.ariwoola@cityoffederalway.com lilyilnitsky@yahoo.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 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 CQVID- 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 city or CITY HALL 33325 8th Avenue South Fbderal My Federal Way, WA 98003-6325 00007z:� (253) 835-7000 mm cityoffederalway. coin 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 -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 �jhdgmnifigwtibn. 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 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 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. CITY OF Pederal INOy CITY HALL 33325 8th Avenue South Federal Wa*04A 98003-6129; (253) 835-7000 mvw cityoffederalway coin 5.3 Oty lftdeimijficati� . 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 IntgMretation 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 [i,rovision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. OPIUM W19 6XIMAKWO) Mr-4.19WOORMIMM - Man 111UMIC4. III loci recovery or award provided by law; provided, however, however nothing in this paragraph 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 CITY Of FbIderal V%kly CITY HALL 33325 8th Avenue South Federal *:•• 835-7000 • wvvwotyoffederakWcom 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 ___ this Agreement i . i effective the lastdate _ i" • w. THE PE By: Printed Nat Title: DATE: Services Business Lookup THERAPEUTIC MASSAGE AND BODYWORK License information: Entity name: ILNITS" LILY Business name: THERAPEUTIC MASSAGE AND BODYWORK Entity type: Sole Proprietor UBI #: 602-550-533 Business ID: 001 Location ID: 0003 Location: Active Location address: 34428 PACIFIC HWY S FEDERAL WAY WA 98003-7325 Mailing address: PO BOX 4833 FEDERAL WAY WA 98063-4833 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 13 -100630 -00 -BL Governing People May include 90veming People not registered with Secretary of State Governing people Title ILNITSKY, LILY Registered Trade Names Registered trade names Status THERAPEUTIC MASSAGE AND BODYWORK Active Status Expiration date Active Oct -31-2020 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 5:19:36 PM '1VOrking together to fuandf I https://secure.dor.wa.gov/gteunauth/—/#490 First issuance Feb -12-2013 First issued Dec -12-2015 1/1