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AG 20-137 - Art of the SmileRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT I ORIGINATING STAFF PERSON: TIM JOHNSON --, EXT: 2412 3. DATE Q. BY: ASAP 11 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT E] GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ C El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CONTRACT AMENDMENT (AG#):_ EIINTERLOCAL X OUTER.I., CARES ACT FUNDS BUSMESS SUPPORT GRANT AGREEMENT . PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: ART OF THE SMILE ADDRESS: 1706 S 320TH ST, #E, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 552-1952 E-MAIL: AMANDAHUANG98@YAHOO.COM SIGNATURE NAME: HUANG HUANG TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES D COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 1:1 PRIOR CONTRACT/AMENDMENTS TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000M) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: L1 YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: R-ETAfNAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE a PURCHASING: PLEASE CHARGE TO: —001-1800-990-518-10-490-----Eiogq,��� 0. DOCUMENT/CONTRACT REVIEW El PROJECT MANAGER D DIRECTOR El RISKMANAGEMENT (IFAPPLICABLE) 0 LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE' COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONT RACTOR DATE SENT: DATE 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LI—C—E-N- 'SE -S," —EXHIBITS 11 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 11 LAW DEPARTMENT SIGNED By LAW 07-28-20 Ej SIGNATORY (MAYOR OR DIRECTOR) 0 CITY CLERK -7 IWU El ASSIGNED AG# AG�f_ Eel TU fkvfd I Iva 1/2020 CITY Of Awk F�deral My CITY HALL 33335 8th Avenue Guth Federal Way, WA 08003-6.35 (253) 835-7000 w Wyoffede ralway cora CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH ART OF This Grant Lea("Agreement") y g rra. • • e.:r between ra. of Federal •. •Washington municipal corporation and * ofthe Smile,• professional limited liabilitycompany Y Grantee (together "Parties") are located and do business at the below addresses which shall be valid for any notice under thisAgreement: Amanda Huang 1• S 320TH FEDERAL 80 Ade ` •,• . 33325 •th Ave. Federal98003-6325 i (telephone) i• 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herei-t. 2.1 Warranties. The Grantee warrants the following, which are pre -requisites for grant eligibility: •i` • physicallylocated politicalboundaries•` City I Grantee• of Federal Way; ) 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 ) Grantee is not the recipient of other state or federal funding made available as a response to the C VI -19 pandernic e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800man-hours total for all employees per year). f) Grantee's net revenues do not exceed more t $1.5 million per year ) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service Due to COVI -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 CVI -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 Federal Way., WA 98003-6325 (253) 835-7000 vvww Wyoffederalway coo 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 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. -JONE"MAzinni 5.1 Giahtee I alfi6figg. 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 [�erfbrmance of this Agreement, except for that portion of the claims caused by the City's sole negligence. gAould a-&i�wt of comnetent iurisdiction determine that this ALreement is subiect to RCW 4.24.115, then, in the a rift 0 OWN[; _11WO Will -M-41 I - X - resuffing trom We concurrent negligence ot me kirdlILCU MU L11C %_ILY� LIX Ulan= S IR 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 6,ese cove-#-,?.tts 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 "SHIM 6 M 11 11MOOM Iramismifflo- CITY HALL 33325 Sth Avenue South Federal Way, VVA 98003-6325 {2 a3} 835-7000 vAwv.cityoffederahYovcc-if7q 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. 6.3 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 CITY HALL 33325 Sth Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 wwwotyoffederalwaycom 4lf Jim Ferrell, Mayor DATE:, By: Printed Name:K ® CLAn (�' (A, —A 'N Title: f, V � DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- "a 11 Services Business Lookup ART OF THE SMILE License Information: New search Back to results Entity name: AMANDA JIE HUANG DMD PLLC Business name: ART OF THE SMILE Entity type: Professional Limited Liability Company U #: 603-290-475 Business ID: 001 Location ID: 0001 Location: Active Location address: 1706 S 320TH ST STE E FEDERAL WAY WA 98003-5424 Mailing address: 1706 S 320TH ST STE E FEDERAL WAY WA 98003-5424 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 Dental X-ray/CT/ Pan/Ceph 3 Active Apr -30-20211 Apr -12-2013 Federal Way General Business 13 -104983 -00 -BL Active Apr -30-2021 Nov -16-2013 Minor Work Permit Active Apr -30-2021 Apr -01-2015 X -Ray: Dental/Podiatric/Veterinary Active Apr -30-2021 Apr -12-2013 Governing People May include governing people not registered with Secretary of stare Governing people Title HUANG,AMANDA Registered Trade Names Registered trade names Status First issued ART OF THE SMILES Active Feb -13-2014 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:25:48 PM https://secure.dor.wa.gov/gteunauth/­,/#1 06