HomeMy WebLinkAboutAG 20-328 - Kim and Lee OrthodonticsFEDERAL WAY LAW DEPARTMENT RO UTING FORM
ORIGINATING DEPT./DIV' —ECONOMIC DEVELOPMENT
I ORIGINATING STAFF PERSON. TMI JOHNSON EXT: 2412 3. DATE REQ. BY: ASAP —
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1:1 PUBLIC WORKS CONTRACT 0 SMA L OR LIM[ITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT
Ei GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG
11 REAL ESTATE DOCUMENT Ei SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE Ei RESOLUTION
El CONTRACT AMENDNIENT (AG):_ o OCAL
X OTHER CARES ACT FUNDS BUSINESS
+1 C<
NAME OF CONTRACTOR.- EI NKOO KIM, D,M.D. KIIA 4 LEE OeLftodcm ' .0
ADDRESS: 1830 S 324TH PL, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 797-0248
E-MAIL: DREKKim@YAHoo.com
SIGNATURE NAME: KIM Kim TITLE: SEEATTACHED
EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE P-EQUIREMENT'S/CERTrFicATE 0 A
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS i
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NOI 100 ($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, MAXMUM DOLLAR AMOUNT.
IS SALES TAX OWED El YES X NO
IF YES, $NYY
PAID BY: CONTRACTOR ®CITY
RETAINAGE: RETAINAGE AMOUNT:
El RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
11 PURCHASING: PLEASE CHARGE TO:.
001-1800-990-518-10-490 Epp -25060
0. DOCUMENT/CONTRACT REVIEW
INITIAL / DATE REVIEWED INITIAL / DATE PROVED
0 PROJECT MANAGER
[,16fkECTO R
El RISK MANAGEMENT (IF APPLICABLE)
0 LAW
1. COUNCIL APPROVAL (IF APPLICABLE)
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2.0 T C IGNATURE ROUTING
• SENT TO VENDOR/CONTRACTOR
DATE SENT:. DATE REC`D;-.-
• ATTACH. SIGNATURE AUTHORITY, INSURANCE
CERTIFICATE, LICENSES, EXHIBITS
El 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
F-1 LAW DEPARTMENT
CI,WNATORY (MAYOR OR DIRECTOR)
0 CITY CLERK O�5
El ASSIGNED AG#
'OMMENTS:
1/2020
CITY OF
AW
Fbdetal My
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
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CA.�U4 S ACT FJNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
KIM & LEE ORTHODONTICS, PS
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Kim & Lee Orthodonites PS, 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:
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(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.
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 thl
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).
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):
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 OF
IN*
176deral VVOY
CITY HALL
33325 5th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wwwotyoffederalwaycom
2.2 Use of Funds: Grantee affirnis 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.
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 pandernic, the City shall provide a grant to the Grantee in an amount
not to exceed Two Thousand and NO/ 100 Dollars ($2, 000.00).
4.2 Non -A icient funds are not appropriated or, allocated for payment
pl2ropriation,of-Funds. If suff
under this Agreement for any fiscal period, the City will not be obligated to make payments under this
agreement.
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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 negligencip of the Grantee and the City, the Grantee's liability hereunder shall be
only to the extent of the Grantee's neiiiience. Grantel SVOIR-UTSUTe that eact,
PEI U6
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
4114 CITY OF CFY HALL
33325 Oth Avenue South
FederaB Way, WA 98003-6325
Federal Way (253) 835-7000
WWW ci�yoffede�a�wav com
acknowledge that they have mutually negotiated this waiver,
5.3 C t,, Indet-anifleation. 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
a - ents- licensees,_Qr renresentatives- arising from- resulting from or connected with thi&-�eement 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.
: - - -, I LnLgja
6.1 ln=rclafton and,Modifiea4on. 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
lig rovision, 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 ma --L be dg-Qosited in the United States maLl-.�stage 3Mvaid, to the address set forth above. An�,,,�Aws
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 full force and
effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive
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row,
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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, 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
C"Y OF
FbIderal y
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wwwatyoffe.daralm ycom
represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This
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 z
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.
i I
Iii R111
By:
Printed Name:---Eunkoo Kim
Title: President
"D.-TrALMOMM&I
7/25/2020 eServices
Services Bi,�siness U00kUp ELINK00 KIM, I-'U1v1-D,
License Information:
New search Back to results
Entity name: KIM & LEE ORTHODONTICS PS
Business name: EUNKOO KIM, D.M.D.
Entity type: Professional Service Corporation
UBI #: 603-102-514
Business ID: 001
Location ID: 0001
Location: Active
Location address: 1830 S 324TH PL
FEDERAL WAY WA 98003-8505
Mailing address: 1830 S 324TH PL
FEDERAL WAY WA 98003-8505
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 issuancrz
Dental X-ray/CT/ Pan/Cep h 10267 1
Active
May -31-2021
Jun -24-2011
Federal Way General Business 05 -105422 -00 -BL
Active
May -31-2021
Nov -08-2005
X -Ray: Dental/Pod latriclVeted nary 10267
Active
May -31-2021
Jun -24-2011
Governing People May Include governing people not registered with Secretary of State
Governing people Title
KIM, EUNKOO
LEE, HYLIN
IM , 0 # 0 1 MUEUM
https:Hsecure.dor.wa.gov/gteunauth/,/#413 1/1