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AG 20-723 - Kids on First DentistryCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM *RIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT-_ 2. ORIGINATING STAFF PERSON: TIM JOHNSON W EXT: 2412 1DATE REQBY-. ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT El SMALL OR LIM[ITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT C1 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE El RESOLUTION El CONTRACTA NT (AG):_ El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT E: CARES ACT GRANT— ROUND 2 6. NAME OF CONTRACTOR: KIDS ON FIRST DENTISTRY ADDRESS: 33915 1 ST WY S, FEDERAL WAY WN 98003-6396 T ELEPHONE: (253) 517-7780 E-MAIL: MBECKF-Rl77@GMAIL.COM SIGNATURE NAME: MARTA BECKER TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: I] SCOPE, WORK OR SERVICES 0 COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS L1 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND ANIDNO/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 [:]YES X NO IF YES,$ 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proiect Code #267662-25060 - 10. DOCYNIENTICONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL J DATE APPROVED 9PE] OJECT MANAGER 1RECTOR • RISK MANAGEMENT (IF APPLICABLE) • LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMIvUTTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE R-EC'D:—. El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 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 ❑�W eD-OART MENT — I - .1 Z- I r RY (MAYOR OR DIRECTOR) El CITY CLERK 4A9 '0y) El ASSIGNED AG# AG#'j� COMMENTS: 1/2020 0 tY OF 0deMl Woy CITY HALL 33325 Sth Avenue South Federal Way WA 98003-6325 (253) 835-7000 wmv cityoffedeFahvay coin CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT I WITH KIDS ON IST DENTISTRY, DDS, PLLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kids On lst Dentistry, DDS, 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: MARTA BECKER 33915 1 st Way S # 100, Federal Way, WA 98003-6396 Mailing address: 33915 1ST Wy S, Federal Way, WA 98003-6396 (253) 517-7780 (telephone) mbeckerl77@gmail.com Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) EM 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 agreement; 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 Ej Experienced 10-50% lost revenue E] 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 CARES ACT BUSINESS GRANT AGREEMENT - 1 - Grantee agrees to retain receipts documenting use of grant fimds and will provide the 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/I 00 Dollars ($2,000.00). 4.2 NbntAppro --p!jAdon 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. V 11' MMMM� 5.1 Qj�ot&& Ihd&fimifl&aioh. 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 e w Al'! 1:2111 iiiiii ii iijiliii I 1117vi I is 11, V I W01 1� I W_ I I I I I I 4. qm!�*M# IMES #1 ONII 11004 the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be only t 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 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' that they have mutually negotiated this waiver. 5.3 Cilyinderimifleation. The City agrees to release, indemnify, defend and hold the Grantee, its NPX#W# CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 VVWW city0ftedel ahvay COR7 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 re%resentativ s, arising from., resultin from or connected with this Ameement to the extent solelp caused by the negligent acts, errors, or omissions o 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. 6.1 !WgWrdatiou and N16dificatio . 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 declaret 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 authorizei- 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 p notice ap be deicosited in the United States mailp),ostage geLpid to the address set forth above. Ang 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 anv ontion conferred by this Agreement in one or more instances shall not be construed to be a waiver WN u I It;, a7-TTUIVer +1 11C k-1 LY right to declare another breach or default. This Agreem n 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 Idw; 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. Th�a 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 CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 56deral� �, ;b `5Y 1y CITY iOF CITY HALL 33325 Sth Avenue South Federal Way.. WA 98003-6325 (253) 535-7000 www cityoffedeTaNvay cant 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 a 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. ATE: R_! •\ i \ _ By: rir. Titl A' Services Business Lookup KIDS ON FIRST DENTISTRY License Information: Expiration date Entity name: MARTA BECKER, DDS, PLLC Business name: KIDS ON FIRST DENTISTRY Entity type: Professional Limited Liability Company UBI #: 603-416-048 Business ID: 001 Location ID: 0001 Location: Active Location address. 33915 1 ST WAY S ST E 100 FEDERAL WAY WA 98003-6396 Mailing address: 33915 1 ST WAYS FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Dental X-ray/CT/ Pan/Ceph 2 Federal Way General Business 14 -106537 -00 -BL X -Ray, Dental/PodiatdcNleterinary Governing People May Include governing people not registered with secretary of State Governing people Title BECKER, MARTA iegistered Trade Names Registered trade names K 1 0 JST TIS I.DS LON 1 ST DENTISTRY I _6 . It I New search Back to results Status Expiration date First issuance Active Jul -31-2021 Sep -15-2014 Active Jul -31-2021 Jan -06-2015 Active Jul -31-2021 Sep -15-2014 The Business Lookup information is updated nightly. Search date and time: 8124/2020 11:20:48 AM Working together to fund Washington's future