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Home My WebLink AboutAG 20-508 - Van DangM-MOMI TO: TIM JOHNSON CITY OF FEDERAL WAY LAW DEPARTMENT ROUT-ING FORM ORIGINATING DEPT./DIV. ECONOMIC DEVELOPIMENT ORIGINATING STAFF PERSON: TIM JOHNSON—'— EXT: 2412 1DATE REQ.13Y. ASAP.—' wK41910 I MAN UNW1 a) 11:1411 • PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT Ei MAINTENANCEAGREEMENT • GOODS AND SERVICE AGREEMENT o HUMAN SERVICES/ CDG El REAL ESTATE DOCUMENT ii SECURITY DOCUMENT (E.CL BOND RELATED DOCUMENTS) ii ORDINANCE o RESOLUTION C1 CONTRACT AMENDMENT (AG#): OINTERLOCAL X OTHER CARES ACT rLINDS BUSINESS SUPPORT GRANTAGR1H7A4FNT PROJECT NAME: CARES ACTGRA�LT=.&0UN1D I NAME OF CONTRACTOR: VAN DANG, L*1-D-PLLCM„ Un Dart6 ?LLC-. ADDRESS: 1025 S 320TH ST, #201, FEDERAL WAY, WA, 98003 TELEPHONE: (503) 851-7638 E-MAIL: ADMIN@DRVANDANGCOM SIGNATURE NAME: DANG TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE C3 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: —JiEE —ATTA COMPLETIONDATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1 1000.00) (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 OYES X NO IF YES, $� PAID BY: El CONTRACTOR F-1 CITY RETAINAGE: RETAINAGEAmoUNT:—, J0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE El PURCHASING: PLEASECHARGETO: 001 -1800 -990 -51* -IQ -490 Pro -get Code# 267662-25(Mid � 0. DOCUMENT/CONTRACT REVIEW [NrrLkL / DATE REVIEWED LNjF1A1-Dkrr--APPROVED 11Z P OJECTMANAGER RECTOR El RISKMANAGEMENT (IF APPLICABLE) 0 LAW 1. COUNCILAPPROVAIL(IFAPPLICABLE) SCHEDULED COMMII-ME DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: .. . . . . ... ...... ........ .... .. . • SEAT TO VENDOR/CONTRACTOR DATE SENT: �.' DATE REC'D:— • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDERfNOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff ifnecessary and feet free to set notification more than a month in advance ifcouncil approval is needed,) INITIAL / DATE SIGNED • LAW DEPARTMENT q�$�TORY (MAYOR OR DIRECTOR) El CITY CLERK 0 ASSIGNED AG# AG# 1/2020 ciry or - Federal Way CITY HALL 33325 Sth Avenue South Feder,W Way, WA 98003-6325 (253) 835-7000 mm cityoffexteralway ccnp CARES ACT FUNDS BUSINESS suppoRr GRAXT AGREEMENT WITH VAN DANG, PLLC This Grant Agreement ("Agreement") is made bet�veen the City of Federal Wa- I (City7�), y, a Washington municipal corporation and Van Mang, PLLC, a prAssional limited liability company ("Grantee"). The City and Grantee (together "Parties") are located and do business at the below addresses which shall be valid fit any notice required Linder this Agreement, Van Dang 1025 S 320TH ST, #201 FEDERAL WAY, WA 98003 (503) 851-7638 (telephone) admin@drvandang.com The Parties agree as follows - iWrV 6F FE D -ERAL WAY: Ade Ari la 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) ad_ ariwoola(d,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 36 ties. The Grantee warrants the following, which care pre -re q-tiisites fargyraij[t--jjcnb ity ,,il a) Grantee operates a business physically located within the politiegl 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 is not the recipient of other state or federal funding made available as a response to the COVID-19 pandemic e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year). f) Grantee's net revenues do not exceed more than $1.5 million per year g) Grantee does not operate as a tax-exempt business as defined by the Irate al Revenue Service h) Due to COV ID- 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 aver $ 1.060in COVID- 19 related expenses Experiericed 10-50%'Iost revenue Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - 1 - CITY OF Federal Way CITY HALL 33325 Sth Avenue Scutli FederW Way, WA 98003--6325 (253) 835-7000 Ra -v u0c-)ftc-der ahww corn 2®2 We ofFunds 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 there to the City or its designee upon request. 3. TE1MUNATION, 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. GR -ANT AINIOUNT. 4.1 Amount. In or 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 One Thousand and NO/I 00 Dollars ($1,000.00). 4.2 Hoar-N_tatic)u of Fund, if sufficient gpigp -, s ficient fitnds 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. ® TINDENINIFICATI ON. 5,1 Cir �imoe �Indeinn�iflcati�pn. The Grantee agrees to release eindeninify'defend, and hold the City, its Ilected officials. of , ffilccrs. ernplovees, agents, representatives, insurers� aftomeys,zindvoluntee-rs hairnless from any and all claims, dernands, actions, suits, causes of action, arbitrations. mediations;, Proceedings, judgments, awards, injuries, damages, liabilities, t--xes, losses, firies, fees, penaltieseX' Penscs, attorney's fees ., costs, andlor litigation expenses to or by any and all persons or entities, including without limitation, their respective agents licensees, or representatives, arising fi otul resulting fi-om, or m7 c0miection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole neglio,,,ence. Should a court of competent jurisdiction deter rm, ine that this Agreement is subject to PCW 4.24.1.15, then, in the event of liability for da ages arising out of bodily iaJun' topersons or damages to property caused by or resulting from the concurrent ne W gfigence of the Grmitee and t -he City, the Grantee's liability hereunder shall be only to the extent of the Grantee's ne,, gence. Grantee shall ensure that each sub -Grantee shall agree to defend and indernnif fy the City, its elected officials, officers, employees, agents, representatives, insurers, attome),,,s, and volunteers to the th extent and on e ,-,ame tennis`and Qunditions 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 A '-t I- - - It is speci-fically and expressly.,understood that the Grantee waives any inim-unity that may be, granted to it under the 'Washington State industrial insurance act, Titte 51 RCW, solely for the purposes of this indemnification, Grantee's indemnifi cation shall not be limited in any wav by any limitation on the amount of damages, compensatlon or benefits Payable to or by any third party under CARES ACT BUSINESS GRANT AGREEMEN'T -2- Ian* OF dT'r HALL Federal Way Fede _5 33325 Sth Avenue S-outt �253) 835-7000 workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. Sea Qt,Ghdeniniticrttitath, The Cite agrees to rebase, indemnify,n defend d held the Grantee, its officers, directors, shareholders., partnsrs, employees, agents, representatives, and sub- contractors harinless onr any grid all clairns;, demands, actions. sirits.; causes of action, arbitrations, mediations. proceedings. s Jud&pnentsla awards, injuries, damages, liabilities, losses., fines, fires, igen-,dties expens .s, ant nicy"s lees, otrses. dlor litigation expenses to or by any and all persons or entities, including without limitati rL their respective agents, licensees, or rtopre entati es, arising FrOM, resulting from or connected - vith this Agreement to the extent' solely caused by the negligent acts, errors, or omissions of the City, 5A 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 tennination, . GENS 1S & 6.1 Inter rt tartooara and o loditicatio n. This Agreement contains all of the agreements of the parties with respect to any matter covered or mentioned in this Agreement and no prior stave eats or agreements, whether oral or written, shalt be effective for any purpose. Any provision o thhis Agreement that :is declared invalid, inoperative, null acid Maid, or illegal shall in no way affect; or invalidate any other provision h reof and such other provisions shall remain in full fo rcu and effect, No provision of this Agreement, including this' provision, may be amended, waived, or modified except; bywritten k9reement sided by 'duly authorized representatives of the Parties. 6.dni,)LQe1, est. Y"y 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 notion; or may be deposited in the united States'rnail, postage prepaid, to the address set forth above, Any noyticc so posted in the Unite States mail shall be deemedreceived three 31 days after the date= o F mailing. Any remedies rovided for under die terms of dais Agreement are not intdrrded to be exclusive, but shall be cumulative with all tauter rernedies available to the City at law, in equity or by statute. The failure of the, City to insist upon strict perforrnance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one of 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 farce an efTect. Failure or delay of the City to declare any breach or default immediately upon 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 pity' right to decktre another breach or default. This, Agreement shall be made in. govemed by, and inti r°preted in accordance with the laws of the State of Washington.. if the parties are unable to Settle any dispute, difference Jahn 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 ng ortnty Superior Court, bring County, Washington, unless the parties agree in writing to an alternative process: if the ling County '` Superirorµ C curt does not havejurisdiction over such a snit, them suit may be tiled in any, other appropriate court in King County, Washington, Each party consents to the personal jurisdiction of the state and federal courts in Kira Chou tyw ashiro ton acrd waives oalaje tion that such courts are inco�onvenient forum, if either party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attomey°'s fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to anyother recovery or award provided by law, provided, however;, however nothing, in this paragraph shall be construed for limit the parties` rights to indemnification under Section 5 of this Agreement. CARES ACT BUSINESS GRANT AGREEMENT - 3 - aTy OF 40 Federal Way CITY HALL 33325 8th Avenue South 9 .1 11 a"i 16#1111,1 NOWUY0111ax4pwM" CITY OF FEDERAL WAY. - METI-R, �_� Title: DATE. - CARES ACT BUSINESS GRANT AGREEMENT -4- wo Services Business Lookup VAN DANG, DMD PLLC License Information: Status Entity name: VAN BANG, PLLC Business name: VAN BANG, DMD PLLC Entity type: Professional Limited Liability Company U #: 604-235-407 Business 11113: 001 Location ID: 0001 Location: Active Location address: 1025 S 320TH ST Mar -31-2021 STE 201 Governing People May include governing people not registered with Secretary of State FEDERAL WAY WA 98003-5348 Mailing address: 1025 S 320TH ST Governing people Title STE 201 FEDERAL WAY WA 98003-5348 Excise tax and reseller permit status: Click here Secretary of State status: Click here NeW search Back to results Endorsements held at this location License # Count Details Status Expiration date First issuance Dental X-ray/CT/ Pan/Ceph 5 Active Mar -31-2021 May -08-2018 Federal Way General Business Active Jan -31-2021 Jan -13-2020 Minor Work Permit Active Jun -30-2021 Jun -02-2020 X -Fay: Dental/Podiatdc/Veterinary Active Mar -31-2021 May -08-2018 Governing People May include governing people not registered with Secretary of State Governing people Title DANG, VAN Registered Trade Names Registered trade names Status First issued VAN BANG, DMD PLLC Active May -03-2018 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 5:27:24 PM https://secure.dor.wa.gov/gteunauth/,/#536 111