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AG 20-306 - JDK Small Engine RepairT: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT 1. ORIGINATING DEPT./DIV.- ECONOMIC DEVELOPMENT I -P. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY:__ASAP�_ . TYPE OF DOCUMENT(C ): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANT (AG): DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SPORT GRANT AGREEMENT 5. O CTN CARES ACT G—ROUND 1 . NAME OF CONTRACTOR: J D K SMALL ENGINE REPAIR,INC. ADDRESS: 805 SW312THE Y, WA, 98023 TELEPHONE: (253) 839-6793 E-MAIL: JDKS LENGINE Y OO.CO SIGNATURE: JOHN KoNop TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES 0 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHB31TS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS, 9. TOTAL ! 1` !N S (INCLUDE EXPENSES AND AND NO11 11($2,000.00) CALCULATED ON tOR CHARGE - ATTACH SCHEDULES sEMPLOYEESrLID REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXWUNI DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES,$ � PAID BY: El CONTRACTOR 11 CITY RETAfNAGE: RETAINAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR 11 RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO:— 001-1800-990-518-10-490 Project Code 267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL/ ATE REVIEWED INITIAL/ DATEAPR VJECT MANAGER DIRECTOR El RISK MANAGEMENT (IF APPLICABLE) 11 LAW SCHEDULED COMMITTEE DATE: SCHEDULED • DATE: COUNCIL AppRovAL DATE: ■ • ■i ` ` # 1 i it ! .r i` i `1` • 1! !• i '.�. 1 ' 1 f 'R . . � , 1 i ' r 4 -,- : '. • • A ! .. I 1 i "' i " i. ■ LAW DEPARTMENT J��NATORY (MAYOR OR DIRECTOR) ■ 1 CITY CLERK 1 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand J D K Small Engine Repair, Inc., a Washington corporation ("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: John Konop 805 SW 312TH ST FEDERAL WAY, WA 98023 (253) 839-6793 (telephone) Ade Ariwoola 33325 8th Ave. S. Federal 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 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 g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service h) Due to VI -19, Grantee business (check all that apply): [j Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage Ej Incurred over $ 1,000 in COVID- 19 related expenses YExperienced 10-50% lost revenue E] Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes-, CITY OF CrTY HALL 33325 Sth Avenue South AN, Federal Way. WA 98003-6325 Federal Way (253) 835-7000 www Wyoffederalway corn 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 rnay 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 Two Thousand and NO/I 00 Dollars ($2,000.00). 4.2 ion -Appronation 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. INDEMNIFICATION. 5.1 �Q_. The Grantee agrees to release indemnify, defend, and hold the City, i elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers ham�rnmless any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgrmn awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/ litigation expenses to or by any and all persons or entities, including, without limitation, their respective agent licensees, or representatives, arising from, resulting from, or in connection with this Agreement or t performance of this Agreement, except for that portion of the claims caused by the City's sole negligenc Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in t event of liability for damages arising out of bodily injury to persons or damages to property caused by resulting from the concurrent negligence of the Grantee and the City, the Grantee's liability hereunder shall only to the extent of the Grantee's negligence. Grantee shall ensure that each sub -Grantee shall agree to de and indemnify the City, its elected officials, officers, employees, agents, reNresentatives, insurers attorne, Vol unteers to the extent and on the same terms and conditions as the Grantee pursuant to this paragr Th City's inspection or acceptance of any of Grantee's work when completed shall not be grounds to avoid any these covenants of indemnification. 5.2 IndlusIdd Insurance Apt:­,M�- 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. CITY OF My CYTY HALL 33325 8th Avenue South Federal Way VVA 98003-6325 (253) 835-7000 mvw cityoffederahvey core 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. GENERAL PROVISIONS. 6.1 This Agreement contains all of the agreements of the Parti with respect to any matter covered or mentioned in this Agreement and no prior statements or agreemen whether oral or written, shall be effective for any purpose. Any provision of this Agreement that is declar invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof wch other provisions shall remain in full force and effect. No provision of this Agreement, including th proosi6t� inay be amended, waived, or modified except by written agreement signed by duly autbornutiz representatives Of the Parties. # r-011411401 [film 1jAjj�EW1DbX#jM1i 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 ,• ACT BUSINESS GRANT AGREEMENT -3 - P4dera! Vx ' x'' CITY OF CITY HALL. 33325 8th Avenue South Federal Way, WA 8003-6325 (253) 335-7000 www crfyoffedcralwaycom 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. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. ATE: J D K SM -LL ENGINE REPAIR, INC.: Printed e: Title: n DATE: 91 - 7/25/2020 eServices Services Business Lookup J D K SMALL ENGINE REPAIR, INC License Information: First issuanCE Entity name: J D K SMALL ENGINE REPAIR, INC. Business name: J D K SMALL ENGINE REPAIR, INC. Entity type: Profit Corporation IJBI M 601-066-734 Business ID: 001 Location ID: 0001 Location: Active Location address: 805 SW 312TH FEDERAL WAY WA 98023 Mailing address: 805 SW 312TH FEDERAL WAY WA 98023 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Federal Way General Business 79 -000023 -00 -BL Active Minor Work Permit Active Governing People may include governing people not registered with Secretary of State Governing people Title KOOP, JANDINA KONOP, JOHN Registered Trade Names Registered trade names Status JDK SMALL ENGINE REPAIR Active zmm��� New search Back to results Expiration date First issuanCE Feb -28-2021 Jan -20-2000 Feb -28-2021 Aug -40-2006 hftps://secure.dor.wa.gov/gteunauth/­,/#330 1/1