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AG 20-646 - D&C Delivery1340119108• CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV-. —ECONOMIC DEVELOPMENT *RIGI?%;ATI1,;G STAFF PERSON: TIM JOHNSON EXT: 2412 1 DATEREQ.BY�' ASAP • PUBLIC WORKS CONTRACT 0 SMALL OR LEVITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDG • REAL ESTATE DOCUMENT o SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CONTRACT AMENDMENT(AG#):_ 0 INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANTAGREEMENT PROJECT NAME:— CARES ACT GRAN! -DZ--- - - - ----- NAME OF CONTRACTOR: D&CDELIVERY ADDRESS: 952 SWC PUS DR# 192, FEDERAL WAY WA 98023-5019 T ELEPHONE: (253) 754-1001 E-MAIL: DNCDELIVERY@GMAIL.COM SIGNATURE NAME: KIMUTAI NGENO TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE []ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: 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: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: 11 CONTRACTOR 11 CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND ROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 — — — -------- 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 07 PROJECT MANAGER DI. ACTOR 7- D RlSKMANAGE MENT (IF APPLICABLE) El LAW ( 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CO EE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: Pw Pw DATE R.EC'D:--"-- 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERINOTIFICATION FOR 1 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 El LAW DEPARTMENT /A JL'IG NATORY (MAYOR OR DIRECTOR) • CITY CLE 101-f I Taw • ASSIGNED AG# AG# J 1/2020 CITY HALL 33325 8th ,venue South Federal Way, WA 98003-0325 (253) 335-7000 www cityoffederatway cam CARES ACT FUNDS BUSINESS r r, ■ GRANT WITH 1 & C DELIVERY This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and D & C Delivery, a sole proprietor ("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: DELIVERY:I : KIMUTAI NGENO Ade Ariwoola 952 SW Campus Dr # 192 33325 8th Ave. S. FEDERAL WAY, WA 98023-5019 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 754-1001 (telephone) (253) 835-2509 (facsimile) cdeliveryail.com ade.ariwoola ,cit offeeralway.com . TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 1 ! I Xfflf,191 2.1 Warranties. The Grantee warrants the following, which are pre -requisites for grant eligibility: a) Grantee operates business physically located within the political boundaries of of Federal ! Grantee maintains a current City of ` •' ' business c) Grantee has paid all taxes and government fees due up to the date of execution of this grant agreement; ) Grantee's business employs 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 that apply): Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 1-5% lost revenue Experienced over 5% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment A31Y OF Fbderal Way c) Insurance d) Utilities e) Marketing f) Payroll CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cRyoffederalway com Grantee agrees to retain receipts documenting use of grant funds and will provide them -to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the Ci may recover all disbursed grant funds and terminate this agreement. I 4.1 Amount. In order to promote healthy economic activity in the City and in response to the loss-" i all vrovide a ant to the Grantee ir ri not to exceed One Thousand and NO/1 00 Dollars ($ 1,000.00). 1 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. 1 Ir 5.1 Grantee Indemnification. The Grantee agrees to release indemnify, defend, and hold the Cit its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmle from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedin judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fee costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, the respective agents, licensees, or representatives, arising from, resulting from, or in connection with th Agreement or the performance of this Agreement, except for that portion of the claims caused by the City sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RC 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages I property caused by or resulting from the concurrent negligence of the Grantee and the City, the Grantee liability hereunder shall be only to the extent of the Grantee's negligence. Grantee shall ensure that each su Grantee shall agree to defend and indemnify the City, its elected officials, officers, employees, agent representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions als tt - Grantee pursuant to this paragraph. The City's inspection or acceptance of any of Grantee's work wh completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 IftdustU� Insurance Act . 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. -5.3 City lndcmnifig�idib�ft. The City agrees to release, indemnify, defend and hold the Grantee, its TOURISM GRANT AGREEMENT -2- 3/2017 FWeral ifty CITY OF CITY HALL 33325 3th Avenue South Federal Way, WA, 98003-6325 (253) 335-7000 www c ityoffederalw y com together and shall constitute one instrument,but • proof one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to fon-n 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 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. By: C' Printed Name: Title: ATE: -. _.. Washington State Department of Revenue Services Business Lookup D & C DELIVERY License Information: Entity name: NGENO, KIMUTAI DAVID Business name: D & C DELIVERY Entity type: Sole Proprietor UBI #: 604-318-727 Business ID: 001 Location ID: 0001 Location- Active Location address: 952 SW CAMPUS DR APT 192 FEDERAL WAY WA 98023-5019 Mailing address: 952 SW CAMPUS DR APT 12 FEDERAL WAY WA 98023-5019 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Federal Way Home Occupation 18 -103663 -00 -BL Business New search Back to results Status Expiration date Active Aug -31-2021 Governing People May Include governing people not registered with Secretary of State Governing people Title MARITIM, CAROLINE CHEMUTAI NGENO, KIMUTAI DAVID J-ftXr-rLWr-=- Registered trade names rt C DELIVERY N The Business Lookup information is uw�d