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AG 20-798 - Sharing Hearts AcupunctureTim jobnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING rIV: -ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TPA JOHNSON EXT: 2412 3. DATEREQBY. ASAP El PUBLIC WORKS CONTRACT 0 SMALL OR LMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT Ei SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE 0 RESOLUTION • CONTRACTA NT (AG#):_ 0 INTERLOCAL • OTHER CARES ACT FUNDS BLIS INESS SQjPP0I0'GRANT AGREEMENT 5. PROJECT NAME: _CARES ACT RAN-r--4ROUNo2 6. NAME OF CONTRACTOR: SHARING HEARTS ACUPUNCTURE PLLC ADDRESS: 32030 15TH PL SW, FEDERAL WAY WN 98023-5426 T ELEPHONE: (253) 709-0457 E-MAIL: KSHiN317@GMAIL.COM SIGNATURENAME: KYUNG SHIN TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES 1:1 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE C1 ALL OTHER REFERENCED EXHIBITS [--] PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 11 PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($ 1,000m) (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 DYES X NO IF YES, $_ ft i 10. 1ONTRACT REVIEVM ECT MANAGER CTOR 11 RISK MANAGEMENT (IF APPLICAB 1:1 LAW I INEUV-1109141 I W.11 w w Mfly—,I N ■12 N 16 ' �-25060 M� I - agggymn?j SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERINOTIFICATION 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 El LAW DEPARTMENT N 1LSfCTTA—TORY (MAYOR OR DIRECTOR) E] CITY CLERK 0 El ASSIGNED AG# COMMENTS: 1/2020 CITY OF Fbderal V"y C[TY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mm cjtyoftederahvqy carr CARES ACT FUNDS BUSINESS SUPPORT GIUVIT AGZUR EMENT WITH SHARING HEARTS ACUPUNCTURE PLLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand Sharing Hearts Acupuncture PLLC, a professional 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: 0010KI411 KYUNG S. SHIN 32030 15th PI SW FEDERAL WAY, WA 98023 I - - I " 113 07 omsIINltj"f 101414111 wmw_ejl� Mur Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1. TERMi. This agreement contemplates a one-time grant of funds to the Grantee under the conditions tescribed herein. 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's business employees no more than the 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 $1.5 million per year; f) 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 W21y): M Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses Ej Experienced 10-50% lost revenue LZN Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - I - 7/2024 CITY OF 56derai way CUTY HALL 33325 5th Avenue South Federal Way VVA 98003-6325 (253 835-7000 MIM 7t�offeale,,.Vmz�, COUT 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. gsnnpl� �g 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 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 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 indemnifgj the Citp! its elected officials' officers,;_em�_clopees, at4ents_rei�tresentatives,-�oi�itr--;a*Wttw-ir.,�*,-7ao± 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 Grantec. 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. 3 �01 � �Ilb �1_�Wej �Al wNtR11121311"N "S CITY OF AN Federal Way CITY HALL 33325 Sth Aveme South Federal Way WA, 98003-6325 (253) 835-7000 wvnv cRyoffederalway Coll? 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 expirzttion or termination of this Agreement with respect to any event occurring prior to such expiration or termination. A It I It I - 6.1 Mig!-pretatiort qnd Mpdifjcatjo . 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 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 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 fall force and 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 any dispute, 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 provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. CIARES ACT BUSINESS GRANT AGREEMENT Federal Way IN WITNESS, the Parties execute this Agreement below, effective the Cast date written below, DATE: / SHARING HEARTS ACUPUNCTURE PLLC— By Printed Name- I -IX -'SDOkSWVL Title- DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 Services Business Lookup SHARING HEARTS ACUPUNCTURE PLLC License Information: New search Back to results Entity name: SHARING HEARTS ACUPUNCTURE PLLC Business name: SHARING HEARTS ACUPUNCTURE PLLC Entity type: Professional Limited Liability Company UI #: 604-370-321 Business ID: 001 Location ID: 0001 Location: Active Location address: 32030 15TH PL SW FEDERAL WAY WA 98023-5426 Mailing address: 32030 15TH PL SW FEDERAL WAY WA 98023-5426 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 Home Occupation 18 -105999 -00 -BL Active Nov -30-2020 Dec -28-2018 Business Governing People May include governing people not registered with Secretary of State Governing people Title SHIN, KYUNG �, !11�!! 1!!!, 1111 11111 1!11111 111 11111 * so . - 0 a 0 Working together to fund Washington's future