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AG 20-328 - Kim and Lee OrthodonticsFEDERAL WAY LAW DEPARTMENT RO UTING FORM ORIGINATING DEPT./DIV' —ECONOMIC DEVELOPMENT I ORIGINATING STAFF PERSON. TMI JOHNSON EXT: 2412 3. DATE REQ. BY: ASAP — *KNONSINW41 21421"VES)IN 1:1 PUBLIC WORKS CONTRACT 0 SMA L OR LIM[ITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT Ei GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG 11 REAL ESTATE DOCUMENT Ei SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE Ei RESOLUTION El CONTRACT AMENDNIENT (AG):_ o OCAL X OTHER CARES ACT FUNDS BUSINESS +1 C< NAME OF CONTRACTOR.- EI NKOO KIM, D,M.D. KIIA 4 LEE OeLftodcm ' .0 ADDRESS: 1830 S 324TH PL, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 797-0248 E-MAIL: DREKKim@YAHoo.com SIGNATURE NAME: KIM Kim TITLE: SEEATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE P-EQUIREMENT'S/CERTrFicATE 0 A OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS i TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NOI 100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXMUM DOLLAR AMOUNT. IS SALES TAX OWED El YES X NO IF YES, $NYY PAID BY: CONTRACTOR ®CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE 11 PURCHASING: PLEASE CHARGE TO:. 001-1800-990-518-10-490 Epp -25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE PROVED 0 PROJECT MANAGER [,16fkECTO R El RISK MANAGEMENT (IF APPLICABLE) 0 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2.0 T C IGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT:. DATE REC`D;-.­- • ATTACH. SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERJNOTIFICATION 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 F-1 LAW DEPARTMENT CI,WNATORY (MAYOR OR DIRECTOR) 0 CITY CLERK O�5 El ASSIGNED AG# 'OMMENTS: 1/2020 CITY OF AW Fbdetal My CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vvwwci1yoffederahva,v coin CA.�U4 S ACT FJNDS BUSINESS SUPPORT GRANT AGREEMENT WITH KIM & LEE ORTHODONTICS, PS This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kim & Lee Orthodonites PS, 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: I a go] NJ 01 1 6 r j..# I -'1 0 - 1#1r'!K4j1$4jr, 1-1 -0 =` - 2�7_4 rm�40 isrr 0 (253) 835-2520 (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 Ci 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 thl 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). 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 Incurred over $ 1,000 in COVID- 19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue City OF IN* 176deral VVOY CITY HALL 33325 5th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwotyoffederalwaycom 2.2 Use of Funds: Grantee affirnis 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 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 pandernic, 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 -A icient funds are not appropriated or, allocated for payment pl2ropriation,of-Funds. If suff under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. E 1g11 mmwg1: -IM #M0 ro a I V%CAMBF I " k I I I 17 JUVII I V 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 negligencip of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent of the Grantee's neiiiience. Grantel SVOIR-UTSUTe that eact, PEI U6 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 4114 CITY OF CFY HALL 33325 Oth Avenue South FederaB Way, WA 98003-6325 Federal Way (253) 835-7000 WWW ci�yoffede�a�wav com acknowledge that they have mutually negotiated this waiver, 5.3 C t,, Indet-anifleation. 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 a - ents- licensees,_Qr renresentatives- arising from- resulting from or connected with thi&-�eement 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. : - - -, I LnLgja 6.1 ln=rclafton and,Modifiea4on. 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 fall force and effect. No provision of this Agreement, including this lig 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 ma --L be dg-Qosited in the United States maLl-.�stage 3Mvaid, to the address set forth above. An�,,,�Aws 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 delay of the City to declare any breach or default immediately upon occurrence shall not waive F i 0 4 1 1 f 4-11 i row, LMIJ *L11V1 dPJ1r*pndL0 uunL 11.1 rmil?� �-Mpx 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, 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 C"Y OF FbIderal y CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwatyoffe.daralm ycom 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 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 z 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. i I Iii R111 By: Printed Name:---Eunkoo Kim Title: President "D.-TrALMOMM&I 7/25/2020 eServices Services Bi,�siness U00kUp ELINK00 KIM, I-'U1v1-D, License Information: New search Back to results Entity name: KIM & LEE ORTHODONTICS PS Business name: EUNKOO KIM, D.M.D. Entity type: Professional Service Corporation UBI #: 603-102-514 Business ID: 001 Location ID: 0001 Location: Active Location address: 1830 S 324TH PL FEDERAL WAY WA 98003-8505 Mailing address: 1830 S 324TH PL FEDERAL WAY WA 98003-8505 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 issuancrz Dental X-ray/CT/ Pan/Cep h 10267 1 Active May -31-2021 Jun -24-2011 Federal Way General Business 05 -105422 -00 -BL Active May -31-2021 Nov -08-2005 X -Ray: Dental/Pod latriclVeted nary 10267 Active May -31-2021 Jun -24-2011 Governing People May Include governing people not registered with Secretary of State Governing people Title KIM, EUNKOO LEE, HYLIN IM , 0 # 0 1 MUEUM https:Hsecure.dor.wa.gov/gteunauth/­,/#413 1/1