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AG 20-591 - Aesthetic Dental CenterNEWNWIM CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ..... . .... ORIGINATING DEPT./DIV. ECONOMIC DEVELOPNIFNT ORIGINATING STAFF PERSON: TM JOHNSON EXT: 2412 — 3. DATE REQ. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT(AG#):_ El INTFRLOCAL * OTHER CARES ACT FUNDS 130 SINES S SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT —ROUND 2 NAME OF CONTRACTOR: AESTHETIC DENTAL CENTER ADDRESS: 34700 11TH PL S, FEDERAL WAY WA 98003-6715 T ELEPHONE, (206) 291-6515 E-MAIL: VUON0005@YAHOO.COM SIGNATURE NAME: CINDY CHOU TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: E3 SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE [I ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 0 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: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: --Ej RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED 2 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490������ 0. iiNTRACT REVIEW D PROJECT MANAGER R!%RECTOR [I RISKMANAGEMENT (IFAPPLICABLE) El LAW iwv-sioiizroi I En 5 w 01MI IRMS11GIM0411 all -3 0 INITIAL 1 DATE APPROVED ZO2�.�-- ComNnT'rEE APPROVAL DATE: COUNCIL APPROVAL DATE: • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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 SIG El LAW DEPARTMENT W09rGNATORY (MAYOR OR DIRECTOR) 11 CITY CLERK 0 ASSIGNED AG# AG# 7 ,OMME IS: 1/2020 City OF Fbdera1w Py CITY HALL 33325 Sth Avenue South Federal Way WA 98003-6325 (253) 835-7000 wwwcityoffederaiLv�y.coo CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH AESTHECTIC DENTAL CENTER This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Aesthetic Dental Center, a professional service corporation ("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: CINDY CHOU 34700 1 Ith P1 S FEDERAL WAY, WA 98003-6715 1, 0 a a a - - a 9 • a - CITY OF FEDERAL WAY- I Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalway.com 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): [j 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 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 CITY' OF P6derai mi�ay c) Insurance d) Utilities e) Marketing f) Payroll CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalwaycom 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/I 00 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. 5.1 'Grantee Indemnification. 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 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 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 4 ir 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 acknowledge that they have mutually negotiated this waiver. 5.3 (jLy The City agrees to release, indemnify, defend and hold the Grantee, its CITY OF F d 6 La ra CITY HALL 33325 Sth Avenue South Federal Way,. WA 98003-6325 (253) 835-7000 mvw cityoffiederatway corn 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, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, effors, 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. 6.1 IntglyfetAtiop and Modification. This Agreement • all • the agreements • 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 az..4' 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 • the Parties. 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 dttme&-&n-o-, the same effect as if all Parties hereto had signed the same document. All such counterparts shaibe construed Fodeml My CITY HALL 33325 8th Avenue South Federal Way VTR 8003-6325 ( a3) 335-7000 v otyoffeder alwgy coo together and shall constitute one but . * proof a -if it shall only be necessary • produce one i - i. signature and acknowledgment •.ra from such counterparts. be assembled togetherto form . single instrument comprised i, all pages of Agreement as . i a complete set of signature i acknowledgment pages. The date upon. all of the Parties have executed counterpart of Agreement shallis the "date of . execution" 'i IN WITNESS, the Parties execute this Agreement below, effective ` last date written below. By:bb's ', W Printed e: t �`' C k,i3 LA Title: 0 C�� kS;--(2, ATE: ODAD K r1� i1# l r 9/29/2020 Washington State Department of Revenue < Business Lookup Entity name: VAN H. VUONG, D.D.S. & CINDY H. CHOU D.D.S., P.S. Business name: AESTHETIC DENTAL CENTER Entity type: Professional Service Corporation U #: 602-351-088 Business ID: 001 Location ID: 0001 Location: Active Location address: 34700 11TH PL S FEDERAL WAY WA 98003 Mailing address: 34700 11TH PL S FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this loca License # Count Details Federal Way General 01 -102376 -00 -BL Business Governing People May Include governing people not registered with Secretary of State Governing people Title CHOU, CINDY HUANG VUONG, VAN HAO Registered Trade Names Registered trade names Status AESTHETIC DENTAL CENTER Active New search Back to results Status Expiration data First issuance Active Dec -31-2020 Jun -15-2001 First issued Nov -29-2004 a 0 . 1 0 0 U19MM1291T, 1/2