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AG 20-559 - Comfort Dental BracesRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I ORIGfNATINGDEPT,/D1V- ECONOMIC OEVtLOPME?,,'T ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY. ASAP 0 1 EKKOIC101g.t" . 011RIKOLINT512112 0 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT E] PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACT AMENDMENT (AG#):_ El INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: COMFORT DENTAL BRACES ADDRESS: 31401 PACIFIC HWY S, FEDERAL WAY, WA 98003 TELEPHONE: (801) 867-7838 E-MAIL: SCLAWSON@COMFORTDENTAL.BIZ SIGNATURE NAME: STEPHEN CLAWSON TITLE: SEEATrACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 13 All OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 0 TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ($2,000.00) (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 El YES X NO IF YES, $_ PAID BY: El CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE D PURCHASING: PLEASE CHARGE TO:001-1800-990-518-10 t. DOCUMENT/CONNIN TRACT REVIEW 0 PROJECT MANAGER eb4RECTOR [I RISKMANAGEMENT (IFAPPLICABLE) 11 L4W silsi I NO V w"'TITI/Ty INITIAL / DATE REVIEWED INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING D SENT TO VENDOR/CONTRACTOR DATE SE :DATE REC'D:-- E) ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS * CREATE ELECTRONIC REMINDERINOTIFICATION 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 RrMEXT TR D Fj-j,*AXqr.kT�0RY (MAYOR OR DIRECTOR) L'J El CITY CLERK 11 ASSIGN -ED AG# A # <51CA M This Grault Agrcen-wnt ("Ageement") is made beween the City of Fedend Way, a Washington munici�pal corpovat on ("City") and Comfort Dental Braces., a limitod fia'bilit company ("Grantee"), 1 -he a3 Cite and Grantee (together "Parties") arc; lracated and d business at the beta �F addresses, d� a�.;��m which shall be any notice ret,r:r,red tinder this Agreenient. COMFORT DENrAL BRACES Steph n Clawson 31401 Pacific l y S Federal Way, WA 98003 ( O1) 857-7838 (tal pl one) sclawson@comfortdental.biz The Parties agree as follows, CITY O FEDERAL A Ade .r woola 3332.5 Sth Ave. S. Federal Wa,a WA 98003-6325 (253) 835-2520 (t l phorr ) (253) 835-2509 (facsirrril ) ads, as°l��£a�caia(ex�ic:l�y^� i15cl�tal��ay.r�rxr 1. TERM. This agreement onto plates a one-time grant of funds to the ram : ander the conditions d sar.ib d h reirre 2. CONDITIONS OF GRANT 2.1 `arrarrll sw The Grantee warrants the following. whish are pre -requisites for grant eligibility. ) Grantee operates a business physically located within the political boundaries of the City of FederalWay-, b) Grantee maintains a current City of Federal ay business license c) Grantee has pard all taxes and gov meat fees due up to the date of execution of this grant agreement d) Grantee is not the recipient: of other state or federal funding r-riade available s a response to the CO II -19 pandemic rc 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 gear). f) Grantee's net rev ens do not exceed mor6 than 1,5 rrrrllrorr per year g) Crrantee does not operate as a t . - rapt business as defined by the intemal Revenue Service ) Due to C0I I -19, Grantee business (check all that apply)- _ Was required by stag or local order to class Was forced to lay cuff employees due to reduced patr nag Incurred OVt,-r $1,000 rzr COVID-19 related expenses Experienced 10-50% last revenue E] Experienced retia 50% last revenue 12 Use of Funds: Grantee affirms that, gal -it funds will be used f.br the following purposes: CARES ACT BUSINESS GRANT AGREEMENT EM NT - 1 - city OF CITY FALL 33325 Sth Aveme `.cutis Ikk Federal Way, V A 98003-6325 Federal Way {'253) .83.5-7003 2.2 l.tse of l.zrndg:; Grantee affirms that grant fads will be used for the following purposes: a.) Mortgage or Rent b Personal Protection Equipment. c) Insurance Utilities Marketing F Payroll Grantee agrees to retain receipts documenting use of grant fa ads and will provide theses to the City or its designee upon requesL 3. TERMINATION. Should any of the conditions described in section 2.1, alcove, not be met, the City may recover all disbursed grant funds and tea irate this agreement. 4. GRANT AMOUNT. 4J Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incuiTed due to the ID -1q pandemic, the City shall provide a grant to the Grantee in wi arzarzca t: not to exceed Two Thousand and NO/1 ti Dollars ($2,000.00). 4.2 Non-A22ropriation of Funds. If sufficient funds are not appropriated or allocated for pa era imder this A rcenient for any fiscal period, the City will not be obligated to snake payments under this agreement, 5. INDEMNIFICATION, 1 Grantee [ndeninic tion. The Grantee agrees to release indemnify, defend, Lind hold the "iter, ;its elected officials, officers, sea, agents, rLTresentatives, i szamrs, attom ys, and volunteers hann.less rc�x any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, ud amts, awards, injuries, damages, liabilities, taxes, lasses, fuses, fees, penalties expenses, attomey's fees, casts, azadJor litigation e- pens s to or by any and call persons or, nti ids, including, without limitation, their respective agents, licensees or representatives; arising 1rataa, resulting fracas; or in connection with this Agreement or the performance of dais Agreement, except for that portion of the claims caused by the City's sale negligence. Should a court of competent jurisdiction detennine that this . greeme t is subject to RCW 4.24.115, then, in tae event of liability for damages arising out of beadily injury to persons or damages to prop fty 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 the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to defend d indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attome s, and volunteers to the extent. and on the saine 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. ®2 Industrial Insurance Act Waiver. It is ,specifically and expressly understood that the. Grantee waives any a.a tarcity that may be granted to it under the Washington State industrial insurance act, Title 51 .I C W, solely for the ptuposes of this indemnification. Grantee's indemnification nification 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 ander workers' stump mation acts, disability benefit acts or any Cather benefits acts or programs. The Parties further CARES ACT BUSTNESS GRANT AGREEMENT -2- # e CITY H1.,,LL 33325 #nth Avenue South Federal Way v r Federal Wag. WA 98OD3,-632 a �Asx r kG oasd : 4a;,,st�+ p„ap 'aa64'a3b`L; Patti acknowledge that they have mutually negotiated this waiver. :3 Cj t Its:d g�ra�fe afiun. The City agrees to release, indeernnify, defend and hold the Grxitee, its officers, directors, sharcholL—rs—,Pluffiers, employees, agents, representatives, and slab- contractors harmless from andall claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, darnadeMs, liabilities; losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or try any and all persons or entities, including without limitation. their respective e agents, licensees, or representatives, arising from, resulting from or connected with this Agreement tee the extent solely caused by the negligent acts, arrears, or omissions of the City. 5A 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 to n-ni ration, 6. GENERAL PROVISIONS. 6A Intea,).retation, ahaModification, This Agreement contains all of the agreements eats cal` the Parties with respect to arty matter covered or mentioned in this Agrecment and no prior statements or agreements, whether oral or wn.tten, shall. be effective for any ptupose.,.dray proiision of this Ageement that is declared invalid, inoperative, null and raid, or illegal shall in no way affect or invalidate any other provision hereof acrd such rather provisions shall remain in full force and effect, No provision of this Agreement, including this provision, may be ainended, water d, or modified except by written agreement signed by dryly authorized representatives of the parties.. 62 I rrforceinent; 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 sea posted in the t..arrited States mail shall be de rned received ed three 3j days after the date of mailing. Ally remedies provided for gander the terrras of this Agreement are not intended to be exclusiv=e, but shall be cumulative e with all other re;rnedies available to the City at law, in equity or by statutes. 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 caption. conferred by this Agreement ent in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agree eats or options, and the same shall be and remain in fall farce and e.+.q.Y.crA✓6.. .LL. K."[Pure or %d ellay o "Ine'k-L .y 4.V &x:wdtea:Lax.w any 4, lg avll yr %WJLG.� 414. UIIILA.&.c'i4jxn% A'y up''v3.x 4.3i+6r5.RtA 0.��saa+4,d al1ull 1-11 --4- —7-;- 11=1-1.1 �vyaaive' such breach or default. Failure of the City ler declare one breach or default does not act as a waiver of the City's tight to declare another breach or default, Thi CITY OF CITY HALL 33326 Sth Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 CITY OF�DERAL WAY: mmm �x DATE: S. - By: sc> Printed Name: DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- 8/19/2020 eServices S t Depairbnel-a of R, vei)i-ie Services Business Lookup COMFORT DENTAL BRACES . ..... ..... License Information: New search Back to results Entity name: CDB CES FEDERAL WAY, LLC Business name: COMFORT DENTAL BRACES Entity type: Limited Liability Company UBI #: 603-327-459 Business ID: 001 Location ID: 0001 Location: Active Location address: 31401 PACIFIC HWY S FEDERAL WAY WA 98003-5403 Mailing address: 31401 PACIFIC HWY S FEDERAL WAY WA 98003-5403 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements h6d at this location License # Count Details Status Expiration date First issuancE Dental X-ray/CTI Pan/Ceph 3 Active Aug-31-2021 Nov-08-2013 Federal Way General Business Active Aug-31-2021 Aug-17-2020 X-Ray: DentM/Podiatdc/Veterinary Active Aug-31-2021 Nov-08-2013 Governing People May Include governing people not registered wfth Secretary ofState Governing people Title STEVEN CLAWSON DDS MSD PLLC, Registered Trade Names Registered trade names Staft],S First issued COMFORT DENTAL BRACES Active Oct-24-2013 The Business Lookup information is updated nightly. Search date and time: 8/1912020 7:40:51 AM Working together to hind Washington's future https://secure.dor.wa.gov/gteunauth/—,/#4 1/1