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AG 20-769 - Okamoto Dental LabNM CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV-, ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSOM _1M jotp[so EXT: , 2412 3. DATE REQ. BY' ASAP - TYPE OF DOCUMENT (CHECK ONE): 1:1 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT Ei MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CONTRACT ANENDMENT(AG#),_,,,_ El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SIJPPOtl'GRANT AGRFFM-ENT_"_I 1112RO-Mmy NAME OF CONTRACTOR: OKAMOTO DENTAL LAB, INC ADDRESS: 1639S310THST#C,FEDERALWAY WA98003 T ELEPHONE: (253) 941-4956 E-MAIL: OKAMOTO-DENTAL@HOTMAIL.COM SIGNATURENAME: KIYOSATO OKAMOTO TITLE: SEE ATTACHED, EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES EJ COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO /100 (S 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 El YES X NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: -E] RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED 0 PURCHASING: PLEASE CHARGETO: 001-1800-990-518-10-490 Prpject Coo g #267662-2506 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL 1 DATE APPROVED 01 PR CTM AGER -- — --------- HECTO R 7' Ei RISKMANAGE MENT (IF APPLICABLE) EI LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SE m DATE REC'D:—, El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS EJ 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 El LAW DEPARTMENT N/ 4,%6NATORY (MAYOR OR DIRECTOR) El CITY CLERK C 0 ASSIGNED AG# ,OMMENTS: 1/2020 CiTy Of CITY HALL 33325 8th Avenue South F;6deraj !A10y Federal Way, WA 98003-6325 (253) 8354000 www.���Vfflycoln WITH OKAMOTO DENTAL LAB INC. This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Okamoto Dental Lab, a Washington 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: 103113 ill-Imm" =_ 11WV1M21;j41rRt"# MPOIN1410 Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (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 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 Vp]D: Z Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage D' Incurred over $1,000 in COVID-19 related expenses E] Experienced 10-50% lost revenue 0' Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - 1 - 7/2020 QTV Of CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wwwalyoffederalwaycom 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 c) Insurance d) Utilities e) Marketing t) Payroll Grantee agrees to retain receipts documenting use of grant funds 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 toitthis agreement. 4. GRANT AMOUNT. 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 N011 00 Dollars ($2,000.00). 4.2 Non-Attoronriation 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. INDEMNIFICATION. any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgme aw Isinjuries, d s., liabilities, taxes, losses, fines, neTm-tias-�r rim event of liability for damages arising out of bodily injury to persons or damages to property cause res in fr m the concurreiLt nealigence of VkLCmajh�-1. t�f-frli these covenants of indemnification. 5.2 Industrial jhgItpAct Akt� 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 -,r oses of this indemnification. Grantee% limims, i;WtVWX0, 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. CARES ACT BUSINESS GRANT AGREEMENT CITY Of CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway coin 5.3 The City agrees to release, indedefend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 liti&ation expenses to or b4 ani and all persons or entities. includini -f,- their . W Ait"�Out gwitatio JA; 1TTT7,-TVM=g irorn or connectou wun MIS Agreement te-;Jt�ae-ment—solely SENT 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. 6.1 lgmrgj�hon and ModHigati6o. 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 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 of the Parties. lium L112mur, sir licd:f Ur' UUPOSILCU in -Ine wrilled States mail ' postage prepaid, to tne address set forth above. Any 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 n lov insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by_this Agrgement in one or more kista-cces Rkall not ]NIe 4 1" W 4 Me MFMI I W 6 0 man too, � I wev 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 does not have iurisdiction over such a su t. then suit may be filed in any, other r 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 recovei; or award Drovided bi law; iroji ed, J Tevi IT 1 im I I r -gm is 1,111 um Lop Isis V. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 CITY Of C17Y HALL 33325 ft Avenue South F4deml Federal Way, WA 98003-6325 (253) 835-7000 www 0yoff6daralway, com 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 maii be executed in Wj number of counteLlivarts each xf -4W �. MumiNqu - "i jrw- -,*z -1 . r I uG - ij m -T WOZ the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrutnent, 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 instrurnent 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. III I I I I � I I ip��g 11111pp 111111 111� � I I I & 11 o men 51111 M-1 CITY FEAL.WAY: Lle, DATE: A, Printed Name. �Cf< Title: 0 W .vim DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 9/30/2020 Washington State Department of Revenue Sty D P < Business Lookup License Information: New search Back to results Entity name: OKAMOTO DENTAL LAB, INC. Business name: OKAMOTO DENTAL LAB Entity type: Profit Corporation U #: 602-049-030 Business ID: 001 Location 1D.- 0001 Location: Active Location address: 1639 S 310TH ST # C FEDERAL WAY WA 98003 Mailing address: 1639 5 310TH ST * C 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 Status Expiration date First issuance dal Federal Way General Business 00 -101276 -00 -BL Active Jul -31-2021 Jan -08-2000 Governing People Nyi.,Iud.-qo.®-E.gpmple.otmgiaemdithSocnmy*fStaft Governing people Title OKAMOTO, KIYOSATO Registered Trade Names Registered trade names Status First issued OKAMOTO DENTAL LAB Active Jul -03-2000 The Business Lookup information is updated nightly. Search date and time: 9/30/2020 9:50;02 AM Contact us Howareadoing? T111. -1- 11-1.11t hftps://secure.dor.wa.gov/gteunauth/—,/#2 112