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AG 20-774 - Kang DDS PLLCRETURN TO: Johnson 4 12 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING G DEPT./DIV. ECONOMIC, DEVELOPMENT ORIGINATING JOHNSON DATE REQ BYL_,AsAP__ TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, REP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES t CG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G, BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#) DINTERLOCAL X OTHER—CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT NAME OF CONTRACTOR: KANG, DDS PLL DD2505 S 320TIl ST, FEDERAL WAY WA 98 E-MAIL: !. !. # # SIGNATUREtTHOMAS . � ... , ■ � ��# iii EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES 71 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE El A OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS I . TERM: COMMENCEMENT DATE: i AGREEMENT r TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO '.'100 (S2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: Ll YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ■ YES X NO ! BY: 0 CONTRACTOR RETAINAGE: RFTAfNAGE AMOUNT: — El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAfNAGE BOND PROVIDE ■ PLEASE CHARGE001-1800-990-5t8-10400____j_"iso RO.IECT MANAGER l7 I IR E CTOR ❑ RISK MANAGEMENT(IFAPPLICABLE) ❑ LAW PAKKII 'MT -01 r� r COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SE DATE C'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REM1NDERINOTIFICATION 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 I PART _NT LAW (mm oR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# ` ;O METS: 1/2020 city Of CITY HALL 33325 &th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 635-7000 w city. offederalway eom CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH This Grant Agreement ("A ee e t") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kang, 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: KANG, DDS PLLC: CITY OF FEDERAL WAY: THOMAS S Ade Ariwoola 2505 S 320th St # 330 33325 8th Ave. S. FEDERAL A, WA 98003 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (425) 577-9570 (telephone) (253) 835-2509 (facsimile) drkangppugetsoundperio.com ade.ari;oa city ederlay.co The Parties agree as follows: . 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 re -requisites for grant eligibility: a) Grantee operates a business physically located within the political boundaries of the City of Federal ay; 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'. Grantee's business employees no more than e equivalent of ten (10) full-time employees (20;800 man-hours total for all employees per year); e) `tee's net revenues do not exceed more 1million per year; Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; Due to V -1 , Grantee business (check all that Goll: Was required by;stae or local order to close Was forced to lay off employees due to reduced patronage Incurred over 1,000in COVID-19 related expenses Experienced 10-50% lost revenue Experience over 50% lost revenue CARESACT BUSINESS GRANT AGREEMENT - 1- vwa�"MOF �44-1 Fbdeml V%M CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mm cilyoffederalway coo 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 f) 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 terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses not to exceed Two Thousand and NO/100 Dollars ($2,000.00). 4.2 Non-Approp ation 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 OtUtiteg Indoftifigado �1. The Grantee agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, 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 comoetent iurisdiction determine that this A219ement is subiect to RCW 4,24,115, tVl.� -77 V-Sild-IT-ca Lce slial I dy cc vvi Tnewle", 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 of 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. solelii for the UUoses of this indemnification. Grantee's indemnification shall not be linifted in 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. t �1-1 , �2 CITY Of F6d&al y CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www- cifyoffederatway. coin 5.3 The City agrees to release, indemnify, defend 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 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, 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 Inte_L_ 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. 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 r relin(mi-is -je-tt of tko�.,�,,?,.t,tsa,1Ce_ements or ogtions, and the same shall be and rem-ain-iv-fuf1fbm-e-and -11 hTMIC-6 16141M as M M41 IRMI "M41 W4 M W4 1 MW - "t 9 accor ce w t e aws o e e o I astlington. It Me f arties are unable to settle any dispute, (111terence 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 attorpey'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. CITY OF CITY HALL 33325 Sth Avenue South 10%� Federal Way FederalWay. WA 98003-6325 400 (253) 835-7000 wwwcityoffederalwaycom 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 mag be executed in anp number of countejarts each of which shall be deemed an ori*nal and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed 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. F1,11a"NUNLUMM MUMIM CITY OF FEDERAL WAY: J, e IrTr Mayo DATE: C> By: V Printed Name: t 1 �111 �m * �" , �6 M 10/5/2020 Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: KANG DDS, PLLC Business name: PAPER STREET PERIODONTICS AND IMPLANT DENTISTRY Entity type: Professional Limited Liability Company UBI #: 602-622-493 Business ID: 001 Location ID: 0001 Location: Active Location address: 2505 S 320TH ST STE 330 FEDERAL WAY WA 98003-5461 Mailing address: 2505 S 320TH ST STE 330 FEDERAL WAY WA 98003-5461 Excise tax and reseller permit status: Click here Secretary of to status: Click here Endorsements Endorsements held at this location Ucvnse # Count Details Aatu Exphation date 1::4 -sr issuanre dat Dental X-Ray/CT/ Pan/Ceph 07976 1 Active Jun -30-2021 Aug -11-2007 Federal Way General Business 06 -104570 -00 -BL Active Jun -30-2021 Sep -15-2006 X -Ray: Dental/Pod iatric/Veteri nary 07976 Active Jun -30-2021 Aug -11-2007 Governing PeopleM®yLcfdegav L..gpeV[e.oErWLW&vd.UhSmdoy®fStft ,rverninq people Title G KANG, THOMAS Registered Trade Names Registered trade names Status First issued KANG DDS, PLLC Active Jun -09-2020 View Additional Locations The Business Lookup information is updated nightly. 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