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Home My WebLink AboutAG 20-677 - Sean LuiRETURN TO: Johnson CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT 2. ORIGINATING i • DATE REQ. 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, Q) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANT (AG#): ❑ IN OCAL OTHER I°je.�1 6. NAME OF CONTRACTOR: dJ "N L.W.ODD51 ADDRESS: 118 SW 330TH ST # 200, FEDERAL WAY WA 98023-6185 T ELEPONE: (214) 991-9446 E-MAIL: LIUORTHODONTIST@GAIL.COM SIGNAT E: SHIH-YAO LIU TITLE: SEE ATTACHED 7. : l ' 1 1 ■ SCOPE,• OR SERVICES ■ COMPENSATION ■ ■ ALL OTHER r EXHIBITS ■ PROOF OF r. TO SIGN 1 REQUIRED LICENSES El PRIORCONTRACT/AMENDMFNTS COMMENCEMENT DATE COMPLETIONDATE, 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NO/I00 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLARAMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, $ -_r_ PAID BY: ❑ CONTRACTOR 11CITY RETAINAGE: RETAINAGEAMOUNT: ______0 RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-49.0 Proieel Cede #267662-25060 10, DOCUMENT/CONTRALCT REVIEW INITIAL/ DATE REVIEWED INITIAL /DATE APPROVED .OJECT MANAGER DIRECTOR ❑ RISKMANAGEMENT (IFAPPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IFAPPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE S 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 DEPARTMENT NAI`OY (MAYOR OR DIRECTOR) ❑ CITY CLERK t 2,0 ❑ ASSIGNED AG# AG#�� COMMENTS: CITY OF F k bderal Waw,,�, WITH SEAN LIU, DDS, PLLC CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 335-7000 www cityoffederalway com This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Sean Liu, DDS, 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: OMW&WffAA$ _JAI# j I 118 SW 330th St # 200, Federal Way, WA 98023 33325 8th Ave. S. Mailing address: 118 SW 330TI ST # 200 Federal Way, WA 98003-6325 Federal Way, WA 98023 (253) 835-2414 (telephone) (214) 991-9446 (telephone) (253) 835-2509 (facsimile) LIUO daeuariiawe)e, m6usf&iaw 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. I I la"ho.M911 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): Q Was required by state or local order to close E] 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 b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT - 1 - c) Insurance d) Utilities e) Marketiwg f) Payroll CITY HALL 33325 8th Avenue South Federal Way. WA 98003-63 (253) 835-7000 mvw cityoffederalway com 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 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. 5.1 Gtatite& hididinhification. 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 theGrantee'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, 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. 5.3 City: The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless CARES ACT BUSINESS GRANT AGREEMENT -2- V CITY HALL 33325 Sth Avenue South Federal WaIi. WA 98003-6325 (253) 835-7000 www- cityoffederalway com 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 �g 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. 6.1 litteflatetation gnd MgLdification. 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 [�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 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 full force and effect. Failure or delaq of the Ci1ti, to declare anpA breach or default inimediatel-k I iki,,on occurrence shall not waive 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 then suit may be filed in an3i other &3 "ryriate court in King Count]*, 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. 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 the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed CARES ACT BUSINESS GRANT AGREEMENT -3- g, t v m Federal togritter and shall constitutc title instnunctlt, hilt iso ental ital; pnxaf hemaf it shall only lic ucceseary to tmitluce tine such c to ha . The Signalitiv and Imps Haim such counterparts may assembled together to Rim a sit le instnalicill coo ristti of tali ltagcs oaf this Agrvement tuid it compl to set of all sit atum and "nowledgment liaps, "liar date illml which the Inst tit' all oaf' the Parties have executed at Lountelpart oft is Agmment shall be the "plate o rmutual execution" lac cele IN WITNi FS' i, the I'Mies Cmxute this r` m-ement twitmr, effective the last elute written Wow, 1:111 -RAI WAY: ® a- COOF DATE: �. , ... By: malt le: e a ,`c� i Title: DATE: tr� CARES ES ACT BUSINESS GRANT AGREEMENT �, 9/29/2020 Washington State Department of Revenue C Business Lookup License Informon: New search Back to results `Entity name: _' SEAN LIU, DDS, PLLC Business name: FEEIL.Ai'"RTHODONTICS Entity type: Professional Limited Liability Company I : 604-317-453 Business I: 001 Location I: 0001 Location: Active Location address: 118 SW 330TH ST STE 200 FEDERAL WAY WA 98023-6185 Mailing address: 118 SW 330TH ST STE 200 FEDERAL WAY WA 98023-6185 Excise tax and reseller permit status: Click here Secretary tate status: Click here Endorsements Endorsements held at this lova License # Count Details Statues Expiration dat, First issuance a Dental X-Ray/CT/ Pan/Ceph Active Aug -31-2021 Oct -17-2018 Federal Way General 19 -101851 -00 -BL Active Aug -31-2021 May -01-2019 Business X -Ray. Active Aug -31-2021 Oct -17-2018 Dents l/Podiatric/Veteri nary Governing PeI May include governing people not registered with Secretary of State Governing people Title LIU, D.D.S., SHIH-YAO Registered Trade Names Registered trade names Status First Issued https://secure.dor.wa.gov/gteunauth/—,/#1 9 1/2