AG 20-639 - Comfy Denture & Hearing ClinicCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIG ING DEPTJDIV: ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY' ASAP_
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 Ei MAINTENANCE AGREEMENT
F-1 GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CDG
C1 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
0 ORDINANCE 0 RESOLUTION
El CONTRACTA NT (AG):E-1 R4TERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
.
PROJECT NAME:CARES ACT GRANT -ROUND .2 -
NAME OF CONTRACTOR: COMFY DENTURE & HEARING CLINIC
ADDRESS: 30810 PACIFIC HVYIY S, FEDERAL WAY WA 98003-4902 T ELEPHONE: (253) 886-0855
E-MAIL: KMS8233@HOTMAIL.COM
SIGNATURE NAME: MINSEOK KIM TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENr 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 EJ YES X NO IF YES, $ PAID BY: 11 CONTRACTOR 0 CITY
RETA[NAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND
ROVIDED
0. DOCUMENT/CONTRACT REVIEW
0 =11ECT MANAGER
- - IRECTOR
El RISKMANAGEMENT (IFAPPLICABLE)
0 LlW
IWORIMIN I WA w w '101741
� I MAKIFEWITIN
INITIAL DATE APPROVED
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
Ej 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
CLAW 11 EPARI'MENT I f
4; 21AT"ORY (MAYOR OR DIRECTOR)
D CITY CLERK Nni
L1 ASSIGNED AG# AG#
1/2020
7%
F6detal
s+, 's
CITY P�F
i
C HALL
33325 3th Avenue South
Federal Way. WA 96003-6325
(253) 335-7000
w cityoffederakway com
This Grant Agreement ("Agreement") .•- betweenthe Cityof .•- . . Washington municipal
corporation and Comfy Denture : Hearing Clinic, . Washington corporation._ 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:
OUROKOINISM
30818 Pacific Hwy S
FEDERAL. 98003-4982
:1131111MIK16KI311
. rF-JETIT, •s
Federal Way, WA 98003-6325
(253) 835-2414 -r •
i• _
. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
Grantee2.1 Warranties. The Grantee warrants the following, which are pre -requisites for grant eligibility:
operates business physically r . -r within the political boundaries of e Ci
of Federal
r) Grantee maintains a current City of -t- business
c) Grantee has paid all taxes and government fees due up to the date of execution of tj
grant agreement;
) 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 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 COVID-19 related expenses
Experienced 10-5% lost revenue
Experienced over 5% lost revenue
2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes:
a) Mortgage or Rent
) Personal Protection Equipment
CARES ACT BUSINESS GRANT AGREEMENT - 1 -
OTY bf
41S� P6deral Way
c) Insurance
,i) Utilities
e) Marketing
f) Payroll
CITY HALL
33325 5th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway cram
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 tenninate 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. ,
92111WAM I a WAIN I Lei
5.1 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
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 Indusffial Insurance Act Waivzr. 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 firther
acknowledge that they have mutually negotiated this waiver.
5.3 City Indeninifictition. The City agrees to release, indemnify, defend and hold the Grantee, its
*ffi
, icers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harinless
CARES ACT BUSINESS GRANT AGREEMENT - 2 -
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
mvw- cilyoffederalway coin
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 reyresentati_ves. arising from, resultin from or connected with this Agreement 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 tennination of this
Agreement with respect to any event occurring prior to such expiration or termination.
6.1 Interpretation and Modifiggi . 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
provision, 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 may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice
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 delap of the Citp to declare "up breach or default immediately w%on occurrence shall not waive
such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's
right to declare another breach or default. This Agreement 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
4 * 'It, i riate court in King Countlk
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, 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. 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
CARES ACT BUSINESS GRANT AGREEMENT -3 -
CITY OF CrrY HALL
4 33325 5th Avenue South
Federal Way FederN Way., WA 98003-6325
(253) 835-7000
www cityoffPderalway com
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one such counterparL 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.
B y:`insb Y,
Printed Name:
Title: Pr("5 JkAt ,
DATE:
9/30/2020 Washington State Department of Revenue
< Business Lookup
License Information:
Entity name-
MIN -N -OUT DENTAL & DENTURE SERVICE CORP.
Business name:
COMFY DENTURE Sr. HEARING CLINIC
Entity type,
Profit Corporation
1,11131 #.
603-314-407
Business lCh
001
Location ID:
0001
Location:
Active
Location address:
30818 PACIFIC HVVY S
FEDERAL WAY WA 98003-4902
Mailing address:
30810 PACIFIC HVVY S
FEDERAL WAY WA 98003-4982
Excise tax and reseller permit status:
Click here
Secretary of State status:
Click here
Endorsements
Endorsements held at this location License # Count
Detaits Status
Federal Way General Business 13 -1033I5 -00 -BL
Active
Governing People mi.,,.d. —t rnbt—d fth So—twy ®i`wort
Governing people
TiUe
KIM, MINSECK
Con
https://secure.dor.wa.gov/gteunauth/—,/#1 0
New search Back to results
Expiration date First issuance dat
Aug -31-2021 Jul -25-2013