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AG 20-130 - Westview Eye CareRETURN TO: TIM JOHNSON EXT: 2412 ON. ..... . CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT - ORIGINATING STAFF PERSON: _Lmi j(;gjiSON_ EXT: 2412 3 . DATE REQ. BY. ASAP 0 Kole) QN1 1 `4to] 1.4 N1 a a an I • PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) D ORDINANCE El RESOLUTION El CONTRACT AMENDMENT (AG#): EDINTERLOCAL X OTF[ER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: WESTVIEWEYE CARE ADDRESS: 31625 PACIFIC HWY S, #E1, FEDERAL WAY, WA, 98001 TELEPHONE: (503) 481-4775 E-MAIL: PHAMAN06@GMAIL.COM SIGNATURE NAME: PHAM PHAM TITLE: SEEArrkcHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AlMENDMENTS TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($ 1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES X NO IF YES,$ BY: 0 CONTRACTOR 0 C RETAINAGE: RETAINAGE AMOUNT: RETAiNAGE AGREEMENT (SEE CONTRACT) OR o RETAINAGE BOND PI 0 PURCHASING: PLEASECHARGETO: 001-1800-990-518-W401� Pr WIM)TO TV J001 • PROJECT MANAGER • DIRECTOR • RISKMANAGEMENT (IFAPPLICABLE) • LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:----, • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • 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 • LAW DEPARTMENT SIGNED By LAW 07-28-20 0 SIGNATORY (MAYOR OR DIRECTOR) 13 CITY CLERK 1:1 ASSIGNED AG# 1/2020 AG# & CiTY �Of jpM� F�ederal My CrrY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway coact CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH WESTVIEW EYE CARE This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and An Pham, OD, 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: An Pham 31625 PACIFIC FEDERAL WAY, WA 9801 • up u- I I ro I Kole] I am Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) ade.ariwoolap ,cityoffederalway.cow 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions tescribed 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 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). f) 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 E] Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 MVW cityOffederalway coin a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NOII 00 Dollars ($ 1,000.00). 4.2 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 Irtclenird&ation. The Grantee agrees to release indemnify, defend, and hold the City, i elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless fro , any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgment. awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, co sts, and/ I litigation expenses to or by any and all persons or entities, inchiding,, without WNWA epsees, or representatives, arising from, resulting from, or in connection with this ApTeement or t t performance of this Agreement, except for that portion of the claims caused by the City's sole negligenc Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in event of liability for damages arising out of bodily injury to persons or damages to property caused by resulting from the concurrent negligence of the Grantee and the Cit the Grantee's liabi ereimiers, M41 ZEN 1111101TRITTy me City, Us eleclea officials,—ollicers, employe , agents, representatives, insurers, attorneys, an,A# volunteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragraph. Th City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid l any these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grant waives any immunity that may be granted to it under the Washington State industrial insurance act, Title . RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not be limited in any w' by any limitation on the amount of damages, compensation or benefits payable to or by any third party und workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties furth acknowledge that they have mutually negotiated this waiver. �1 'CARES ACT BUSINESS GRANT AGREEMENT -2- Ory bp Am% e vvr,�,� t6d ral 1�y CITY HALL 33325 Sth Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 MYW. OtYoffederahvav corn 5.3 Qty�� 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 agents, licensees, or representatives, arising from, resultini from or connected with this *wee-ite-it fi#-,tie-eyJkw-ut 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 Intowrotation And 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 thf 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 fall force and effect. Failure or delay of the City to declare any breac� *r dcf2ult ws,3. 11 UIC f'aMeS ole To settle any ctispute, i erence 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 foram. 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 represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This CARES ACT BUSINESS GRANT AGREEMENT -3- CITY OF Fi�dera 1my CrrY HALL 33325 8th Avenue South Federal Way., WA 98003-6325 (253) 835-7000 www cityoffederalway cram Agreement may be executed in any humbef of counterparts, each of which shall be deemed an original and wi th& $=J& eMet as if all Parties lierew had signed the same document. All such counterparts shall be constru together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produ one such counterpart. The sigriatum and ackhOwledgment pages from such counterparts may be assembl thgqqll& to form a single instrument comprised of all pages of this Agreement and a complete set of signature and acknowledgment pages. The date upon which the last of all of the Parties have executed 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. CITY OF FEDERAL WAY- DATE: M Title: DATE: 'CARES ACT BUSINESS GRANT AGREEMENT -4- 7/24/2020 eServices Washington State Department of Revenue Services Business Lookup WESTV€EVVEYE CARE License Information: New search Back to results Entity name: AN PHAM, OD, PLLC Business name: WESTVIEW EYE CARE Entity type- Professional Limited Liability Company UBI #: 603-516-669 Business ID: 001 Location ID: 0001 Location: Active Location address: 31625 PACIFIC HWY S ST E El FEDERAL WAY WA 98003-5645 Mailing address: 31625 PACIFIC HWY S STE Ell FEDERAL WAY WA 98003-5645 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 Federal Way General Business 15 -105268 -00 -BL Active Jun -30-2021 Governing People May include governing people not registered with Secretary of State Governing people Title PRAM, AN Registered Trade Names Registered trade names Status R. AN PHA M AND ASSOCIATE Active WESTVIEW EYE CARE Active hftps:Hsecure.dor.wa.gov/gteunauth/—,/#81 1/1