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AG 20-846 - West Campus Sports & OrthoRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING ET. IV: ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ.BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, R-FQ) 0 PUBLIC WORKS CONTRACT 0 SMALL OR L]MITED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 11 HUMAN SERVICES/ CG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACT AMENDMENT (AG#): DINTERLOCAL X OTHER CARES g ACT FUNDS_BUS INESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME:- CARESACTGRANT—ROuND2 6. NAME OF CONTRACTOR: WESTC S SPORTS& ORTHOPEDIC PHYSICAL THERAPY, PS, INC ADDRESS: 505 S 336TH ST # 140, FEDERAL WAY WA 98003-5946 TELEPHONE: (253) 874-6620 E-MAIL: FRONTDESK@WESTC AMPUSPT.COM SIGNATURENAME: CHERYL AYRES TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 11 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXH113ITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND N01100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXWUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES,$ PAID BY: 0 CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: 11 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Rrod L C r3 #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED El PROJECT MANAGER 5-DIkECTOR El RISK MANAGEMENT (IF APPLICABLE) 1:1 LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONMTTEE DATE: CoNmTrEE APPRovAL DATE: SCHEDULED COUNCIL DATE: CouNcm APPRovAL DATE: 12. CONTRACT SIGNATURE ROUTING E3 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. supports 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 P.�NATORY (MAYOR OR DIRECTOR)mm El CITY CLERK El ASSIGNED AG# A # 20-846 11M 4 f"., 11 y V�aY 'eral W 111 MI. � y HAILL 33325 80h Aovenue South Q53) 835-7000 AGX!U� EMENT WITH 'WEST CAMPUS SPORTS P.S. INC This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal corporation ("City"), and West Campus Sports & Ortho., P.SJnc, 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: .. . ........ WEST CAMPUS SPORTS & ORTHO. P.S., INC: CITY OF FEDERAL WAY: CHERYL AYRES Ade Ariwoola 505 S 336th St # 140 33325 8th Ave. S. FEDERAL WAY, WA 98003-5946 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 874-6620 (telephone) (253) 835-2509 (facsimile) tontd 'r -------- oni ade.ariwoola(a-),cityoffcdqFowTycom - ----------- - . ....... 1. 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 grant eligibility: a) Grantee operates a business physically located within the political boundaries of the Ci 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 thmis agreement d) Grantee's business employs no more than the equivalent of ten (10) full-time employe (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 Reven Service I g) Due to COVID- 19, Grantee business (check all that apply): D NVas required by state or local order to close ffV " Was forced to I'ay off cmployees due to reduced patronage 1II Incurred over $ 1,000 in COVID-1 9 related expenses Exr Experieneecl 10-5Mii lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant:ftmds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT 7/2020 CITY OF tet, a upon request. ptk ��997 idariqlas I - It ago's El RV., may.) v its I aagmul C1,11"N' HALL 33325 Sth Avenue South Federal'vA , WA 980,,,",',,,3-6325 w'VvWf,-:4 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 Two Thousand and00 Dollars ($2,000.00). T-31,71 �111_ I I if 11 Y10 lif I I , I 5.1 L4 . 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 gation 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 gerformance of this Aereement, exceit for that iortion of the claims caused b; the Ck's iole whience. Should liabty for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent neml6gence of the Yg4 T �N)60&61 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. 11W®R 1,1MIMW I 130, Trunrl"Cuff"41 F -i 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- 7/2020 deral VNA UT')` HALL 33325 8thA,4enue Sotilh FederW `,A,`a,!,i,,VA!A 9800,',3-t3,,325, (253) 835-7000 5.3 Ci N, Ifideinhil, 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 expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. (1ENERAL PROVISIONS. 6.1 ir 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, 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 mgy be de j2osited in the United States mail. postage prepaid. to the address set fbtLk above-4-tv:totice i7M =-7 If U-14 -1= wo 0 WIN= 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 shAl.-cot be co-,f.stwied to be a wim-- w F? X 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 ng suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties ree in writing to an alternative Drocess. If the Ki-vq -CowiV Suamk�wt dpy�—yi#1jAa-yQJ isdiciijai over Ruck 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. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 coly OF low%, y '-F derala l VY e zz c, C "'1111"' 11 HALL 33325 8!h o- Fede,�rafl lv`,,,%;,ary,� 8335-7000 it, 1*117111 a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment [fages. The date upon which the last of all of r have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. rN WITNESS, the Parties execute this Agreement below, effective the last date written below. Jim Fei or DATE: a> �P 1�p4z;� �-- By: z. Printed Name:( -- Title: DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 10/13/2020 Washington State Department of Revenue < Business Lookup License Information: Entity name: WEST CAMPUS SPORTS AND ORTHOPEDIC PHYSICAL THERAPY, P.S.JNC. Business name: WEST CAMPUS SPORT & ORTHOPEDIC PHYSICAL THERAPY P.S., INC, Entity type: Professional Service Corporation UBI #: 601-177-364 Business ID: 001 Location ID: 0001 Location: Active Location address: 505 S 336TH ST STE 140 FEDERAL WAY WA 98003-5946 Mailing address: 505 S 336TH ST STE 140 FEDERAL WAY WA 98003-5946 Excise tax and reseller permit status: Click here Secretary of State status, Click here Endorsements Endorsements held at this location Licensed Count Details Status Federal Way General Business 87 -000007 -00 -BL Active Governing People My Ind.* gq—tg pmple mv with Se—tnr.fstft Governing people Title AYRES, CHERYL New search Back to results Expiration date First issuance dal May -31-2021 Jan -08-2000 The Business Lookup information is updated nightly. Search date and time: 10/13/202010:20:33 AM Contact us How are we doing? Take our survey! https://secure.dor.wa.gov/gteunauth/­/#55 1/1