HomeMy WebLinkAboutAG 20-735 - Oh's Center, LLCRETURN TO: Tim Johnson EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV,. ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON EXT: , 2412 3. DATE Q. BY: ASAP—
TYPE OF DOCUMENT (CHECK ONE):
Ei CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ)
• PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT [--] MAINTENANCE AGREEMENT
11 GOODS AND SERVICE AGREEMENT 1:1 HUMAN SERVICES/ CDBG
Ej REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
0 ORDINANCE El RESOLUTION
El CONTRACTA NT (AG#): El INTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
PROJECT NAME: CARES ACT GRANT ROUND
NAME OF CONTRACTOR: OH'SCE NTER,LLC McLfh 0 -
ADDRESS: 1500 S 336TH ST # 11, FEDERAL WAY WA 98003-6327 TELEPHONE: (253) 802-5310
E-MAIL: SAPAOH@IKUMON.COM
SIGNATURENAME: SIEN OH`'TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: 11 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS D PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES E PRIOR CONTRACT/AMENDMENTS
. TERM: COMMENCEMENT DATE: SEE.ATTACHED AGREEMENT COMPLETIOIN DATE:
TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/I 00 ($2;000.00)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND 11OUD,
REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES X NO IF YES, $ TT PAID BY: 11 CONTRACTOR El CITY
RETAINAGE: RETAINAGE AMOUNT: EJ RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETATINAGE BOND
ROVIDED
El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060
0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
Ei PJECT MANAGER
9,01RECTOR
El RISK MANAGEMENT (IF APPLICABLE)
E] LAW
1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CoEEDATE: CommTrTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
PA9416MV V IMT -41 IM ["IMN It V
El SENT TO VENDORICONTRACTOR DATE SENT: DATE REC'D:--
El 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
�ZDEPARTMENT N/
ATORNI' (MAYOR OR DIRECTOR)
0 CITY CLERK
El ASSIGNED AG# AG#
;OE S:
41
1/2020
CrT-Y HALL
33325 8th Avenue SCLIth
Federal Way., WA 98003-6325
(253) 835-7000
www atyoffede-ralway. coo
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
OH'S CENTER, LLC
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Oh's Center, LLC, a limited liability company ("Grantee"). The City and Grantei
(together "Parties") are located and do business at the below addresses which shall be valid for any notice
required under this Agreement:
SIEN OH
1500 S 336th St # 11, Federal Way, WA 98003-6327
Mailing Address: 1500 S 336TH
ST # 11,
Federal Way, WA 98003-6327
(253) 802-5310 (telephone)
Ade Ariwoola
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 835-2509 (facsimile)
efik'Wdlik I
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 employees 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 thgMplv):
Was required by state or local order to close
Was forced to lay offemployees due to reduced patronage
hicurred over $ 1,000 in COVID- 19 related expenses
Experienced 10-50% lost revenue
Experienced over 5M,'o lost revenue
CITY HALL
33325 8th Avenue South
Federal Way.. WA 98003-6325
(253) 835-7000
wmv cifyoffederalway corn
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 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
e 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.
I
5.1 Grantee Indemnification. 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
8i
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 ♦ 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, 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.
1� 111" 111 1 1 1 a I
&City OF
176der,may l !A�y
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-63
(253) 835-7000
www cayoffederalway com
5.3 tfty lAderriniflaafion. 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 1AWtbretatibn Apd Mbdifigation. 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 Ageement 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 E46ttem0g. Any notices required to be given by the Parties shall be delivered at the address
set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of t
notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any noti
so posted in the United States mail shall be deemed received three (3) days after the date of mailing. A
remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall
cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City
insist upon strict performance of any of the covenants and agreements contained in this Agreement, or
exercise any I
option conferred by this Agreement in one or more instances shall not be construed to be a waiv
t
s
y
-V
or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force
ti
effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not wai
such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City
right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted
claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall
by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King Count,
Washington, unless the parties agree in writing to an alternative process. If the King County Superhior Co
does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King Count
Washington. Each party consents to the personal jurisdiction of the state and federal courts in King Count,
Washington and waives any objection that such courts are an inconvenient forum. If either Party brings
claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees
expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any othe
recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit t
Parties' rights to indemnification under Section 5 of this Agreement. --7
CITY OF
Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
M,VW- cit3offede'ralway. 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 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
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.
1 41111 !�11 1 111111111
MIMSTIM Me,
DATE: 314 � h72
By:
Printed Name: � LIE
-
Title:
DATE: ka, 2o�-4-un
XMI 8 6111161MI MRSM4111,10MIX-41 till INVA I am ��j
10/9/2020 Washington State Department of Revenue
< Business Lookup
License Informaticiln:
Entity name:
OH'S CENTER, LLC
Business name:
KUMON MATH AND READING CENTER OF FEDERAL WAY
Entity type:
Limited Liability Company
U #:
603-111-514
Business ID:
001
Location ID:
0001
Location:
Active
Location address:
1500 S 336TH ST STE 11
FEDERAL WAY WA 98003-6327
1500 S 336TH ST STE 11
FEDERAL WAY WA 98003-6327
Excise tax and reseller permit status:
Secretary of State status:
Endorsements
Endorsements held at this location License #
Federal Way General Business 11 -104791 -00 -BL
Minor Work Permit
I
IC.FM
Click here
Click here
Governing People My lml.& governing people W reg' red with S-rwrary afstl.
Governing people Title
OH, SIEN
Registered Trade Names
Registered trade names Status
KUMON MATH AND READING CENTER OF FEDERAL WAY Active
. secire.51F.7�71riatiM "ff
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Status
Expiration date
First issuance dal
Active
May -31-2021
Jan -05-2012
Active
May -31-2021
Jun -20-2011
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First issued
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