AG 20-585 - Absolute-Cana Acupuncture ClinicRETURN TO: Tim Jofmson EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON —EXT: 2412 3. DATE REQ. BY.— ASAP
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMEN
❑ GOODS AND SERVICE AGREEMENT
❑ REAL ESTATE DOCUMENT
❑ ORDINANCE
❑ HUMAN SERVICES 1 CDBG
❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ RESOLUTION
❑ CONTRACT ANT (AG), ❑ INTERLOCAL
OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
NAME OF CONTRACTOR: ABSOLUTE-CANAACUPUNCTURE CLINIC VLA,6,
ADDRESS: 33515 10TH L S # 10, FEDE L WAY A 98003-7300 T ELEPO : (253) 941-3996
E-MAIL: IANJIVA@ OT AIL.COM
SIGNAT E: IAN SOK TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: 11 SCOPE,r• OR SERVICES ■ COMPENSATION ■ INSURANCE REQUIREMENTS/CFRTIFICATE■ ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
k TERM: COMMENCEMENT iY r AGREEME NT COMPLETIONDATE:
Irl • 0'IS SALES TAX •>«1� • • � • r • r
IRRIUM-9"o Mw OWNS
OWED ■ YES X NO
RETAINAGE: RETAINAGEAMOUNT: L.1 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND
ROVIDED
►, DOCUMENT/CONTRACT REVIEW
0 PROJECT MANAGER
■ RISKMANAGEMENT
■ LAXT
ROOM* W Is 0 91
SCHEDULED COMMITTEE DATE:
SCHEDULED COUNCIL DATE:
INITIAL1 DATE APPROVED
COMMITTEE
COUNCIL .ODATE:
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION 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
❑ LAW D-P;�RTME I° mNl
ATOR` (MAYOR OR DIRECTOR)
❑ CITY CLERK
❑ ASSIG AG# ASR
:OE Si
1/2020
off -W
CITY 0
3 5 F,10,
Federal Way F
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
ABSOLUT E-CANA, ACUPUNCTURE CLINIC PLLC
rhis Grzalt AgNehlent ("Agmement77) is nutdc between the City of Federal Way, a Washington municipal
-0. d Ab�qjbte_Qana Acupuncture Clinic PLLC, a professional limited liability company
COT00*1 c �wl
mraaee - fite City and 0 nice ftogether "N(Oles") are located and do business at the below addresses
which shall be valid for any notice required under this Agreement:
IAN SOK
33515 10th P1 S 4 10
FEDERAL WAY, WA 98003-7300
(253) 941-3996 (telephone)
iaqji-%ra@,hotmaii.com
The Parties agree as follows:
Ade Ariwoola
33325 Sth Ave. S
Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 835-2509 (facsimile) ' )
ade.aTiwoola@citvoffederalway.com
I. TERM, 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 gat -it 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 goveriu-nent fees due up to the date of execution of this
grant agreement-,
d) Grantee's business employs no more than die equivalent of ten (10) full-time employees
(20,800 man-hours total for all employees per year);
e) Grantee's net revenues do not exceed more than S 1.5 million per year;
Grantee does not operate as a tax-exempt business as defined by the Internal Revenue
Service;
g) Due to COVID- 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 5011'0 lost revenue
2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes:
a) Mortgage or Rent
b) Personal Protection Equipment
CARES ACT BUSINESS GRANT AGREEMENT
1 of 4 101/8/2020. 6:14 AM
CITY or
Federal Way
c) Insurance
d) Utilities
e) Marketing
f) Payroll
VIA
7 Co, 3
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-1 9 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/100 Dollars (S1,000.00).
4.2 �, t ,
of Fund,;. 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.
S. INDEMNIFICATION,
5.1 GrIantee Indemnification. The Grantee a-rees 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 b 7 ang and all izersons or entities includin,4, without limitation -
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 concur -rent 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 Grantue
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 anv,;�,ay
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 fuither
acknowledge that they have mutually negotiated this waiver.
5.3 City -hichnnnification. The City agrees to release, indemnify, defend and hold the Grantee, its
2 of 4 10/8/2020, 6:14 A -N1
- -- — ---- — — ----------------------
I
A& CITY OF
4W 4�1.— Federal Way
C1 Pv HAL_
33325, 8th Xem,. SCU01,
Federal Vai, 'A'A 98003 t3325
(253; 835 70c
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, il-IjUries, 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 frown, resulting from or connected with this Aa-reement 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 Li Ut . 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, not] 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.
6.2 Enforcement. Any notices required to be given by the ?arties 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 deyosited in the
so posted in the United States mail shall be deerned received three (3) days after the date of mailing, Any
remedies provided for under the terms of this Agreement are riot intended to be exclusive, but shall be
cumulative with all other remedies available to the City at law, in cguitx or by statute. The failure of the Citli to
insist upon strict perfort-nance of any of the covenants and agreements contained in this Agrectrient, 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. 1greeiinii i
0 1
right to declare another breach or default. This Agreement shall be inade in, governed by., and interpreted I in
accordance with the laws ofthe State of Washin,,gon. If the Parties are unable to settle anqr#11T#M5RW'iwtwmmwc-
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 ne have
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
recovc7,LaLLw_aLd_,providcd by law;.erovided however no thin L -T t*
Parties' rights to indemnification under Section 5 of this Agreement.
6.3 Execution. Each individual executin gthis Agreement on behalf of the City and Grantee
represents and warrants that such inddual is duly authorized to execute and deliver this Agreement This
Agreement may be executed in any riumber of counterparts, each of which shall be deemed an original and with
the same effect as it' all Parties hereto had signed the same document. All such counterparts shall be construed
ICARES ACT BUSINESS GRANT AGREEMENT - 3 �
ITIM71711 M1
3 of4 10/8/2020. 6:14 AM
city Of
-N
.� Federal Way
C111-yHALL
33325 Str,, Avenue S00h
Federal 70zy VALA, 980(�',3-6325
(253, 81--5-7000
together and shall constitute one instr6ment, 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 ()f all
signature and acknowledgment pages- The date upon which the last of all of the Parties haw executed a
counterpart of this Agreement shall be the "date of mutual execution" hereof.
CITY OF FEE)ER- L WAY:
DATE
M
Printed Namc
Title: e4 -
DATE:
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Services Business Lookup ABSOLUTE-CANA ACCUPUNCTURE CLINIC
License Information: New search Back to results
Entity name: ABSOLUTE-CANA ACUPUNCTURE CLINIC, PLLC
Business name: ABSOLUTE-CANA ACCUPUNCTURE CLINIC
Entity type: Professional Limited Liability Company
UBI #: 603-044-464
Business ID: 001
Location ID: 0001
Location: Active
Location address: 33515 10T PL S
STE 10
FEDERAL WAY WA 98003-7300
Mailing address: 33515 10TH PL S
STE 10
FEDERAL WAY WA 98003-7300
Excise tax and reseller permit status. Click here
Secretary of State status: Click here
Endorsements
Endorsements held at this location License # Count Details Status Expiration date First issuance
Federal Way General Business 08 -100994 -00 -BL Active Sep -30-2021 Mar -03-2008
Governing People may include governing people notregistered with Secretary of State
Governing people Title
SOK, IAN