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AG 20-315 - Joystan AFH'IM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ----------- - - - - - - - - - - - ORIGINATING DEPTA)TV. ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: _TIM JOHNSON.._ EXT: 2412 3. DATE REQ. BY, _ AsAP -- 13 PUBLIC WORKS CONTRACT o SMALL OR LIMITED PUBLIC WORKS CONTRACT [3 PROFESSIONAL SERVICE AGREEMENT o MARNFITNANCEAGREEMENT 0 GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CG Ei REAL ESTATE DOCUMENT 0 SEC URrIYDOC UMENT(E_G BOND RELATED DOC NTS) • ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT(AG#):_ 0 RsITERLOCAL * OTHER —CARES ACT FUNDS BUSINESS SUPPORT GRANT AGNT............ . .. PROJECT NAME- CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: JOYSTAN LLC ADDRESS: 32818 23RD AVE SW, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 227-9894 E-MAIL: JOYSTAN2017@YAHoo.com SIGNATURE NAME: KAMAu KAMAU TITLE: SEE ACHED TERM: COMMENCEI�ffiNT DATE: SEE ATTACHED &GUEME T COMPLETIONDATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($ 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 AMOUN-r RETAINAGE: RETAWAGE AMOUNT: Ll RETAINAGE AGREEMENT (SEE CONTRACT) OR ORETAINAGE BOND PROVID1 13 PURCHASING: PLEASE CHARGE TO: -.1-11,001-1500-990-515- 0-4Q0 Project CodeP 2( )7,§ 25060 0. DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL/ DATE APPROVED 0 PROJECT MANAGE R [2,151'RECTO R El RISK MANAGEMENT (IF APPLICABLE) 0 LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED Co EE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: CouNaLAPPRoVAL DATE: . 11 Is El SENT TO VENDOR/CONTRACTOR 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 LAW DEPARTMENT SIGNED BY LAW 07-218-210 1 SIGNATORY (MAYOR OR DIRECTOR) CII'YCLERK ASSIGNED ,AG# ;O S: 1/2020 This Grant Agreement ('Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Joystan AFH LLC, a limited liability company ("Grantee"). The City and Grantee (together "Parties") are located and do business at the below addresses which sball be valid for any notice required under this Agreement: M LOYM VAIM.1% a 11.1 a 0 Stanley Kamau 32818 23RD AVE SW NOUNION M- 0 urAag I I r-kyj ffLf,-Wj. I I ammsi n M Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. - 11111110-191 2.1 Warranties. The Grantee warrants the following,, which are pre -requisites for grant eligibility: a) Grantee operates a business physically loc'ated 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 to e e t d) Grantee is not the recipient of of 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). 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 Internal Revenue Service h) Due to COVID- 19, Grantee business (check all that apply): E] Was required by state or local or to close E] Was forced to lay off employees due to reduced patronage Incurred over $ 1,000 in COVID- 19 related expenses Experienced 10-50% lost revenue E] Experienced over,50% lost revenue �91 .1 1 �M •1U �,, CITY Of Federal Way UTY HALL 33325 5th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wpvw cityOffiederalway. coin 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 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 Non-Appr2priation 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. � Wuyfaj 5.1 9-. 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 coIa4Curisdiction determine that this Agwxment ii _v event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall be only to the extent of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to defend and indemnif� the City, its elected officials, officers, ern-olovees. age'ds._MPrrsert 11 11 M 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 16, t ja'i J it ]w 1 1 211 111 'k 1i 8i .. N. Wi A foil i CITY Of WY HALL 4 33325 8th Avenue South A** Federal Way Federal Way, it 98003-6325 (253) 835-7000 www cif yoffeder"alway rom acknowledge that they have mutually negotiated this waiver. 1 5.3 (Ity Indemnificatibii. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors 9 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 Agents, licensees, or revresentatiye._s arisi i. from, resultinfrom or connected with this Ag�eeiw--n-I-Wthe-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 my event occurring prior to such expiration or termination. 'AW 0, L) - J i 6.1 11rit,kiretation and Moditic.atio.n. This A2reement 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, shaR 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 cumulYtive 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 fall force and e or 4.el,?.v *f t�e Citv t* declare avv �,rezcic or MRIMIN a fit I W'Mito slit -ism accordance with the laws ot tile State ot Ifash are unahle., 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 appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph 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 • �,, �-*� �611, y r1LOJ�O CITY Of 4N,, Federal Way 4V CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. atyoffederalway coo represents and warTants 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 it upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution7 hereof. rN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Mayo h—FeMa —e— -,, yor DATE: Printed Name: Title: DATE: FA �A Z • �0 7/25/2020 eServices Statte Depa--t,,T1,er1i, of Services Bhu,�.,,4ness lUmWn JOYSTAN LLC License Information: Entity name: JOYSTAN AFH LLC Business name: JOYSTAN LLC Entity type: Limited Liability Company UBI #: 603-569-522 Business ID: 001 Location ID: 0001 Location: Active Location address: 32818 23RD AVE SW FEDERAL WAY WA 98023-2806 Mailing address: 32818 23RD AVE SW FEDERAL WAY WA 98023-2806 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 16 -102725 -00 -BL Governing People May include governing people not registered with Secretary of State Governing people Title KAMAU, STANLEY KINIU KINIU, JOSEPHINE Registered trade names JOYSTAN LLC New search Back to results Status Expiration date Active Dec -31-2020 Status Active The Business Lookup information is updated nightly. Search date and time: 7/25/2020 1:55:38 PM First issuance Jun -23-2016 https://secure.dor.wa.gov/gteunauth/—,/#360 1/1