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AG 20-733 - Kosnoski Eye CareTURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT TING FORM 1. ORIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON w EXT: 2412 3. DATE REQ. BY; ASAP 4. TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 11 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 1:3 ORDINANCE El RESOLUTION El CONTRACT AMENDMENT (AGA):_ DINTERLOCAL X OTHER CARES ACT RJNDS BUSINESS SUPPORT GRANT AGREEMENT S. PROJECTNAMl CARES ACT O ROUND 2 6. NAME OF CONTRACTOR: KOSNOSKIEYECARE ADDRESS: 10002 SE 240TH ST, FEDERAL WAY WA 98023-2848 T ELEPHONE: (253) 852-2020 E-MAIL: EDW ARD@KOSNOSK]EYF-.COM SIGNATURENAME: EDWARD KOSNOSKI TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 (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 0 YES X NO IF YES, $PAU) BY: 0 CONTRACTOR 11 CITY RETAINAGE: RETAINAGE AMOUNT: Ei RETAiNAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDED 10. DOCUMENT/CONTRACT REVIENJ El P.,QJECT MANAGER 0,151RECTOR 0 RISK MANAGEMENT (iF APPLicABL 11 LAW # INITIAL / DATE REVIEWED . . . ... ........ SCHEDULED COMNUTTEE DATE: SCHEDULED CouNciL DATE: INITIAL / DATE_APPROVED CONMTrEE APPRovAL D. CouNcm APPRovAL D- 1 12. CONTRACT SIGNATURE ROUTING El SENT TO VENDOWCONT RACTOR DATE SENT:DATE RECD: Ej ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. supports if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED 0 LAW , EPR ENT --N/A PNXTORY (MAYOR OR DIRECTOR) 1:1 CITY CLERK El ASSIGNED AG # AG, COMMENTS: CITY Y OF, FederalWray rs e. pxr CITY HALL 33325 ath Avenue South Federal Way, VVA 98003-6329 (253) 835-7000 ;G'34'6b"a"ra" s .°t.°tda"aS't; $"G°am CARES ACT FUNDSSUPPORT NT C ENS" , KOSNOSIU This Grant Agreement ("A reemenf') is rrrade between the City sof Federal Way, a Washy Stora municipal corporation ("City"), and Kosnoski Eye Care, a Washington corporation ("Grantee"). tee's). re City and Grantee (together "Parties") e located and do business at the below addresses which shall be valid fear any notice required under this Agree east: KOSNOSKI EYE : I CITY OF FE DERAL WAY: °The, parties agree as follows-, ® TERM. This agreement contemplates a one-time grant of funds to the _ Grantee under the conditions described herein. ® CONDITIONS _OF GRANT. dl Warranties: The Grantee waiTants the following, which arelyre-requisites for grant eligibility: a) Grantee operates a business physically located within the political boLmda ies of the City of Federal ay; ) Grantee maintains a current. City of Federal Way business license-, c) Grantee has paid all taxes and govermnent fees due rfla to the date ofexecution ofthis gnuit 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following pfu ses a) Mortgage or Rent la) Personal Protection Equipment "7/2020 CITY OF Federal Way CITY HALL 33325 Sth Avenue SOUth Federal Way, WA 98003-6325 (253) 835-7000 www cityoftedershw3y 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 City may recover all disbursed grant Rinds 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/100 Dollars ($2,000.00). 5.1 qtgWee ludgMAffiRgion. 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 Jout of *e cl7i-us causedky L's S*le -1 cc, SV*111 _V�e Cil 11M. -J liere'Jil'ter snall 00--(vity * "Itec. 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 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 tation 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. CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 CITY OF CITY HALL. A* 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 we-nle (253) 835-7000 www. cityoffederahvey com 5.3 City Iridetubification. 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,-i4juries, damages, liabilities, losses, fines, fees, rtenalties exis.,enses, atto 's fees costs and/or litieation 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, effors, 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. 1 01 tfn N utic 6.1 W�Atibn And Modification. 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, ino,,Qerative. null and void. or illegal shall in no way -affect or invalidate anLother provision hereof and such other rwnRijo 11 oxtik-Akiii)n *f hithLi1wais amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. I UORV 00 D) I Omit set torth at lie beginning ot this Agreement. Any notices may be delivered personally to the addressee Foe 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 -,1.2if I i 11 f r, F -4 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, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 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 execution7' hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. ........... ---- - -- -------- J4n ell, or DATE: KOSNOSKI E-fiCARE.- tk Printed Name-. Title: v a) 111 -PW DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 8,ffi Avenue South FE33325 a I Way Federa%J 'wAVay, V"Ne,k 98 0 0 3 4151, 3 2 5 -der (253'), 835-7f.)NOI con" 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 execution7' hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. ........... ---- - -- -------- J4n ell, or DATE: KOSNOSKI E-fiCARE.- tk Printed Name-. Title: v a) 111 -PW DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 Wasliinatoi) State Deuartment. oi Rev -✓w,!= < Business Lookup License Information: Count Entity name: KOSNOSKI EYE CARE, INC. Business name: KCSNOSKI EYE CARE, FEDERAL WAY Entity type: Profit Corporation UBI 602-628-623 Business ID: 001 Location 10: 0006 Location- Active Location address: 2314 SW 336TH ST Active FEDERAL WAY WA 98023-2848 Mailing address- 10002 SE 240TH ST Active KENT WA 98031 Excise tax and reseller permit status: Secretary of State status - Endorsements Endorsements held at this location License ft Count Federal Way General Business 16 -105030 -00 -BL Governing People Governing people KCGNOSKI, EDWARD M Registered Trade Names Registered trade names Status AUBURN VISION CLINIC Active FAIRWOOD VISION CLINIC Active KENT VISION CLINIC Active KCSNOSKI EYE CARE, FEDERAL WAY Active SOUTH HILL VISION CLINIC Active SUNSET VISION CLINIC Active Click here Click here M SWUM Active View Additional Locations The Business Lookup information is updated nightly. Search date and time: 10f712020 2:21:15 PM New seach Back tcNesulfs Expiration date Rrst issuance date Jun -30-2021 Oct -20-2016 First issued Sep -27-2006 Sep -27-2006 Sep -27-2006 Oct -11-2016 Mar -27-2012 Nov -15-2010