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Home My WebLink AboutAG 20-768 - Oceanpointe Dental Assisting Academy of SeattleCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSOM, TIM JOHNSON EXT: 2412 3. DATEREQ.BY.- ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RIB, RFP, R-FQ) 1-1 PUBLIC WORKS CONTRACT Ei SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT Ei MAINTENANCE AGREEMENT o GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CG 11 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 11 ORDINANCE El RESOLUTION Ei CONTRACTA NT (AG#)-.— Ei INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: CARESACT (,-jRAN'r-qt/pRnOlUm�nD-I 6. NAME OF CONTRACTOR: OCEANPOINTE DENTAL ASSISTING ACADEMY OF SEATTLE LLC ADDRESS: 34700 11TH PL S, FEDERAL WAY WA 98003-6715 T ELEPHONE: (206) 291-6515 E-MAIL: VUON0005@YAHOO.Com SIGNATURE NAME: CINDY COU TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 11 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTkACT/AMENDMFNTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDATI 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND 0 (S 1� �'l �0 0 0 0. 0 ' (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 F-1 YES X NO IF YES, $'_ PAID BY: El CONTRACTOR 0 CITY RETAJNAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR EIRETAINAGE BOND PROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proiect Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 11 PROJECT MANAGER Cn-IRECTO R El RISK MANAGEMENT (IF APPLICABLE) El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: m COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'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 SIGNED 0 LAW DEPARTMENT N/ TORY (MAYOR OR DIRECTOR) El CITY CLERK �4 "w 1:1 ASSIGNED AG# AG# COMMENTS: 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Oceanpointe Dental Assisting Academy of Seattle LLC, a 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: ACADEMY OF SEATTLE LLC: CINDY CHOU 34700 1 Ith PI S FEDERAL WAY, WA 98003-67t-3 Ade Ariwoola 33325 86- .4,ve. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ffeder2]u,.2_v_=1 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITIONS OF GRANT 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 agreemen;t 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 $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll UTY HALL 33325 Sth Avenue South Federal Way, VVA 98003-6325 (2 53) 835-7000 wvvw dtyoffedE?rahvqy com Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 111TA I z N W-Vur- U11JR " 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 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 Grantee lhdorriffificafion. 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 11111 Y t�-t t * f A e Grq-ttee's xegligexce- Gr2.-ttee etsure Aat eq-c�i -,iA,--Gmfte s; 01,11111110, WIN ME , Oil I Iff "WIn Met 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 inderrinification. 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. QTY OF P�6deral W�ay CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (1253) 835-7000 www otyoffederalwaycom 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 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. k I S, 6.1 and Modificatidn. 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 ani 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 authori`il 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 M_ , W;M_M"_1J1Yr* 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. 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 CITY Of; C11-rY IHALL 33325 6th Avenue South Federa� Way, A!A 98003-6325 Federal Way (253) 531--000 -�waycom together and shall constitute one instrLunent, but in making proof hereof it shall on1v be �iecessary to produte one such counterpart. The si&mature and acknowledgment pages from such counterparts ma v be asiomhled together to tromi a single instrument comprised of all pages Lit' this Agreenrent and: i compIcte set of Al signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a coumerpart 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. CIT), 7 OF FEDERAL WAY, OCEA.NPO[NTE DENTAL ASSIST[NG ACADEMY OF SEATTLE LLC-. By Printed Name: Title'� DATE: — ------ CARES ACT BUSINESS GRANT AGREEMENT -4- ATTEN17OWT'his service will be unavailable trop Saturday, Sept, 12 at 8.00 a,m, to Tuesday, Sept, 15 at 8:00 a.m. PT as we make improvements. Services Business Lookup OCEANPOINTE DENTAL ASSISTING ACADEMY OF SEATTLE, LLC License Information: New search Back to results Entity name: FEDERAL WAY DENTAL ASSISTING ACADEMY, LLC Business name: OCEANPOINTE DENTAL ASSISTING ACADEMY OF SEATTLE, LLC Entity type: Limited Liability Company I: 604-296-533 Business ID: 001 Location ID: 0001 Location: Active Location address: 34700 11TH PL S FEDERAL WAY WA 98003-6715 Mailing address: 34700 11TH PL S FEDERAL WAY WA 98003-6715 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 Cabinet X -Ray 5 Active Jun -30-2021 Aug -03-2018 Dental X-ray/CTI Pan/Ceph 1 Active Jun -30-2021 Aug -03-2018 Federal Way General Business Active Feb -28-2021 Feb -24-2020 X -Ray: Dental/Podiatdc/Veterinary Active Jun -30-2021 Aug -03-2018 Governing People May Include governing people not registered with Secretary of State Governing people Title CHOU, CINDY WONG, VAN https://secure.dor.wa.gov/gteunauth/—,/#30 1/1