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Home My WebLink AboutAG 20-632 - Chong Aesthetic & Implant DentistryCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM --------- . ..... - ORIGINATING DEPTVDIV: ECONOMIC DEVELOPMENT --- ORIGINATING STAFF PERSON: _11M JQ!INSON__ EXT: 2412 3. DATEREQ.BY. ASAP TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RIB, RFP, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LIN41TED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT EJ MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CG C1 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE El RESOLUTION * CONTRACTA NT El INTERLOCAL * OTHER CAPES t',(-TIii-NDS RIJSINE,SSSLJPPORI(.,,RjNI-AGREEN'IENI' . PROJECT NAME:._ CARES ACT GRANT -ROUND 2 NAME OF CONTRACTOR: COG AESTHETIC & IMPLANT DENTISTRY ADDRESS: 33301 9TH AVE S # 125, FEDERAL WAY WA 98003-2600 TELEPHONE: (253)946-6361 E-MAIL: CHONGDDS@GMAIL.COM SIGNATURE NAME: DANIEL CHONG TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN [I REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS , TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT _COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ($2,000.00) (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 0 YES X NO IF YES, $__ PAID BY: El CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: Ei RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETATNAGE BOND ROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 �P�roect Cod #267662-25060 k2§766Z-Z5060 0. ROCU NIENT/CONT R -QCT REVIEW INITIAL DATE REVIEWED INITIAL DATE APPROVED is WPO'Jf-.CT MANAGER 1�1_1 1 EX, IRECTOR i o I El SK MANAGEMENT (IF APPLICABLE} El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT:DATE R.EC'D:— El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDER/NOTIFICATION 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 SIGN -ED a 0 LA' DEPARTMENT N/A NATORY (MAYOR OR DIRECTOR) oe�kEl CITY CLERK El ASSIGNED AG# AG# "' 'OMMENTS: 1/2020 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003--6325 (253) 835-7000 www rayoffeck raftey L om ME" 14 010, 1 pley WITH CHONG AESTHETIC & IMPLANT DENTISTRY This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Chong Aesthetic & huplant Dentistry, a Washington corporation ("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: itY_15WK44129NIC MN 33301 9th Ave S # 125 FEDERAL WAY, WA 98003 -IV 260NI I0 (253) 946-6361 (telephone) chonvdds(&,Lymail.com Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (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 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 employs 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 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 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent -1 - VIK#K#1 CITY OF CITY HALL 33325 8th Avenue South A4! Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www cityoffederalway rom 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 the 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 Two Thousand and NO/100 Dollars ($2,000.00). 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. ,IVA 1011 DI 5.1 Grantee Ifidtignificatiori. 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 kt�g and all i�iersons or entities, including, without limitation their resriecliyt_a�p �nts, 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 ar-&uAir-g r#coxfx*r-xKtm*,urrent negligence of the Grantee and the Cityth�_��Iiahilita 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, solek_,j f or the iom%oses of this indemnification. Grantee's indemnification shall not be limited in amo—voxv 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 CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 mim atyoffedeialway com MAIMMMIS MEA-FAIMN01,11 M.A. WMA -110 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 MS. I # �W�m I I mmm"Irl in 6.1 jhkWrctation MAMOMcatin. 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 o-Dtions, and the same shall be and remain in full force and BMW"' IMN IM11101 F4 Mu RITalvivaen or Teiaifu-f aill-T oT ine CLTTO-4-Da L UMN 1110L ZWL US W,TVUIVCr U1 UIC %-,ILY 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 �urisdietion over such a suit, then suit may be filed in any other a9mro ate co in Co g )Eri urt Kiqg unty, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any obiection 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 re jej gi ij t2 ar"96 Aall )te-c4,Ttst-ffiedm6#) liinitmAie 114tometsi ms, 1mr-J, Mig"Immmusyll 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 Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 CITY OF FOderal VV�ay CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 4 G cityoffederalway coin 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 execute this Agreement below, effective the last date written below. 10 DATE: M M Title: I 9/18/2020 Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: DANIEL H CHONG DDS PS Business name: CHONG AESTHETIC & IMPLANT DENTISTRY Entity type: Professional Service Corporation UER #m 603-208-732 Business ID: 001 Location ID: 0001 Location. Active Location address: 33301 9TH AVE S STE 125 FEDERAL WAY WA 98003-2600 Mailing address: 333019TH AVE S STE 125 FEDERAL WAY WA 98003-2600 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endomernents held at this location License # Count Details Status Expiration date First issuance dal Dental X-Ray/CT/ Pan/Ceph 10731 3 Active May -31-2021 Jun -02-2012 Federal Way General Business 13 -101231 -00 -BL Active May -31-2021 Mar -28-2013 X -Ray: 10731 Active May -31-2021 Jun -02-2012 Dema l/Pod latrir j`Veteri na ry Governing People May Include gove fqg pcaple norM d ofSWft Governing peopie Title CHONG, DANIEL Registered r s Registered trade names Status Mrst issued CHONG AESTHETIC & IMPLANT DENTISTRY Active Aug -15-2012 The Business Lookup information is updated nightly. Search date and time: 9/18/202010:18:10 AM https://secure.dor.wa.gov/gteunauth//#2 1/2