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Home My WebLink AboutAG 20-331 - Kone Printing1 .115 IT, I Im ro= I "M I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV' ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON. j1M JOHNSON EXT: 2412 3. DATEREQBY. ASAP El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT Ei MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CG El REAL ESTATE DOC NT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACT AMENDMENT (AG#):_ [I INTERLOCAL * OTHER CARES ACT FUNDS BUSINESSSUPPORT _GRANT AGREEMENT--- . PROJECT NAME: CARES ACT GRANT -_ROUND 1 NAME OF CONTRACTOR: KONE PRINTING, LLC. ADDRESS: 33427 PACIFIC HATY S, #C, FEDERAL WAY, WA, 98003 TELEPHONE: (425) 306-2160 E-MAIL: KONEPRINTING@GMAIL.COM SIGNATURE NAME: YAYA KONE TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: I--] SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQU[REMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 11 PRIOR CONTRACT/AMENDMENTS TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (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: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: [3 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND ROVIDED I] PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490_ Protect Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED 0 P OJECT MANAGER RECTOR F-1RISKMANAGEE NT (ITAPPLICABLE ) El LAW1. I a I SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: F&MMMI M 9 COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: * ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS * CREATE ELECTRONIC REMINDERINCTIFICATION 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 * LAW DEPARTMENT ATORY (MAYOR OR DIRECTOR) El CITY CLERK �- ASSIGNED AG# AG _S rs],"ja "es 1/2020 CITY HALL 33325 Sth Avenue South Federal Way., WA 98003-6325 (253) 835-7000 wmv cityoffederahvay cram CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH KONE PRINTING, LLC. This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kone Printing LLC., a 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: I il t_4 ley V Yaya Kone 33427 PACIFIC HWY S 40 1.1 I4K61)11 Ade Ariwoola 33325 8th Ave. S. Uederal Way, WA 98003-6325 (253) 835-2520 (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. 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 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 - ) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service h) Due to CQVID- 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 $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CITY OF CITY' HALL 33325 8th Avenue SOUth Federal Way Fedry Way, WA 98003-6325 on (253) 835-7000 mwv cityoffederalway com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandernic, the City shall provide a grant to the Grantee in an amount riot to exceed One Thousand and NO/I 00 Dollars ($ 1,000. 00). 4.2 Non-ApprODriation 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 I greement. 5.1 Graritet h1dooriffirldtiph. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from Y ny 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 perfon-nance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of com%,,gL=,urisdiction determine that this Agreement is sukf ect toJL ANY 5V 221M -h, C A Z IRImpM. ii event of liability for damages arising out of bodily injury to persons or damages to property caused by or uw-w.himg- 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 hidustri4l lbsuraMe Act WaiV&. 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. C1RES ACT BUSINESS GRANT AGREEMENT -2- 4 CITY of� A** Fi�deral My CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 .vivwcjt.yoffeder�it�v�.vct?in 5.3 Ov ludemnifiCation. The City agrees to release, indemnify, defend and hold the Grantee, its 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 aients licensees, or representatives, arising, from ri ulftvL—f lasJu-MAX-1161KO R&AA4 I t -7B I LV_9 It_! -110IONSIDE4 Ja I I We L01tQ7W-J I UJ WMIJUJIN 14 t4, 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 hitWrctgtip��dffication. 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 or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delUk of the Citil to declare ang, breach or default immediatelp u_s.,,on 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 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 attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all ajosceals. in addition to-ai4,-jolher recovery or award provided by law; provided, however, however nothing in this p agraph 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 CARES ACT BUSINESS GRANT AGREEMENT -3 - CITY OF 170deral My CITY HALL 33325 8th Avenue outh Federal Way, WA 8003-63257 (253) 835-7000 000 Agreement ay is executed any numberof counterparts,each Y be deemed an original ani with " same effectas if all Parties hereto had signed the same document.All counterparts shall be construed together and shall constitute one r but . g proof "•,f it shall only be necessaryto produce one i issignature and acknowledgment pages fromcounterparts . be assembled together to form a single instrumentcomprised •' all pages of this Agreement . i t complete set of all signature . i acknowledgment pages. The date upon which the lastall of Parties have executed #, counterpart of this Agreement shall be the "date of mutual execution" hereof. FN WITNESS, a Parties execute Agreement it effective r last date rwritten below. NM t i - NM ATE. 4� i �' 1111 1 a Printed Name: Title: DATE: Wasil"'ington State De,,.',artrnent of Reverlue Services M miness Lookur,, KONE PRINTING, U -C, License Information: Entity name: KONE PRINTING, LLC. Business name: KONE PRINTING, LLC. Entity type: Limited Liability Company I: 604-232-297 Business ID: 001 Location ID: 0001 Location: Active Location address: 33427 PACIFIC HWY S STE C FEDERAL WAY WA 98003-9897 Mailing address: 33427 PACIFIC HWY S STE C FEDERAL WAY WA 98003-9897 Excise tax and reseller permit status: Click here Secretary of State status: Click here ATIT-Trz= Endorsements held at this location License # Count Details Status Federal Way General Business Active Governing People May include governing people not registered with Secretary of State Governing people Title KONE, YAYA New search Back to results Expiration date First issuance Jul -312021 Jul -23-2020 The Business Lookup information is updated nightly. Search date and time: 7/25/20202:15:56 PM https://secure.dor.wa.gov/gteunauth/—/#422 1/1 NN"Kiwil !019-M lff*36M Mredffffi�W Business Name: Y, P UBI Number: 604232297 Business Type: U -4t Principal Office Street Address: 33427 PACIFIC HWY S STE C, FEDERAL WAY, WA, 98003-9897, UNITED STATES Principal Office Mailing Address: 33427 PACIFIC HWY S STE C, FEDERAL WAY, WA, 98003-9897, UNITED STATES Expiration Date: 02/28/2021 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 02/27/2018 Period of Duration: PERPETUAL Inactive Date: Nature of Business: OTHER SERVICES, COMMERCIAL AND PRIVATE PRINTING SERVICES. BANNERS, POSTERS, FLYERS, BUSINESS CARDS, PHOTO BOOKS, SCREEN PRINTING ETC. Street Address: 33427 PACIFIC HWY S STE C, FEDERAL98003-9897, UNITED STATES I'vlailing Address: 33427 PACIFIC HWY S STE C, FEDERAL WAY, WA, 98003-9897, UNITED STATES Title over Type Entity Name is Name Last Name GOVERNOR INDIVIDUAL YAYA KONE https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1