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AG 20-737 - JK & JB IncTim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: —ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE Q. BY-- ASAP 4. TYPE OF DOCUMENT (CHECK ONE): 11 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT 1:1 SMALL OR LIMITED PLJ13LIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT I:] HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT (AG):— DINTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME:. CARES ACT GRAN R(0)UND rLAT44 A AfA L -T 6. NAME OF CONTRACTOR: JK & JB INC. ADDRESS: 1219 S 308TH ST, FEDERAL WAY WA 98003-5401 T ELEGE: (206) 335-4646 E-MAIL: jK3032@HOTMAIL.COM SIGNATURENAME: J LEE TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 11 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS EE ATTACHED &GREEMENTCOYWLETIO1D a 9. TOTAL CO TION (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND x01100 ($1000 00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDV41- REIMBURSABLEE XPENSE: 11 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED OYES X NO IF YES, $ PAD) BY: 0 CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED El PURCHASING: PLEASE CHARGE TO: —001-1800-990-518-1800-990-518-10-490 -Proj ect Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED �0; P CT AGE PIRECTOR El RISKMANAGE MENT (IFAPPLICABLE) 11 LAW 11. COUNCIL APPROVAL (iF APPLicABLE) SCHEDULED COMNUTTEE DATE: CoNmTTEE APPRovAL DATE: SCHEDULED CouNaL DATE: CouNciL APPRovAL DATE: 12. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXIIIBITS 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 SIGN -ED El LAW DEPARTMENT I�IN ATORY (MAYOR OR DIRECTOR) • CITY CLERK • ASSIGNED AG# AG 20-737 COMMENTS: M CITY OF CITY HALL 33325 8th Avenue South ay Fed erM Way, VVA 98003-6325 (253) 835-7000 Federal W wwwxityoffederalwaycom 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 fimds 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. K 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 amoun) not to exceed One Thousand and NO/ 100 Dollars ($ 1,000. 00). 4.2 Non -Appropriation of Funds. If sufficient Rmds are not appropriated or allocated for payment under this Agreement for anv fiscal Deriod. the Citv will not be obligated to make navinents under this agreement. 5.1 Grantee Indeninificatidn. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, 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 -T,Lr SA FUILMUL-L&L 1,1111 Gill 144k,11111111 najiInty 11'r &Wnlafcs drislut; *ILL *1 U1V(L11:T 11L) I! 1 -y -LIF P11CRIM, %NW -ROS L4I )1r1VI,#:C1L7 U&I-SCIt Vy IT rCSL1L111&1F*11I 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 indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, 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 inde.-#.,inific2_tio_,f,. 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, solelgi f or "h XMoses of this indemnification. Grantee's indemnification shall not be limited in an limitation on the amount of damages, compensation or benefits payable to or by any third party under wo ers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties fiirther acknowledge that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (2531 835-7000 Federal Way 5.3 Cib� lnd&mhificAti0A. 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, awar 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 l,pVWNtqWn: and Modlfk�gft. 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, inoi)cerative null and void_.. -or illegal shall in no wagi affect or invalidate an -L yrovision 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 vosted in the United States mail shall be deemed received three (3) -day, s 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 those covenants ents or ojQtions and the same shall be and remain in full force and effect. Failure or delav ve "Va Llic k-ILI S rigi V itcu Im at M Pm breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable 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 yrocess. If the Ki Su-oerior Court does not have; urisdiction 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 Agreem-ej4, 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 Washington State Department of Revenue Business Lookup License Information: Entity name: X At JB INC Business name: LAPHA HEALTH Entity type, Profit Corporation UB! #* 604-108-907 Business ID: 001 Location ID: 0001 Location- Active Location address: 31217 PACIFIC HVVY 5 STE A102 FEDERAL WAY WA 98003-5401 Mailing address: 1219 S 308TH ST FEDERAL WAY WA 98003-4757 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 17 -102211 -00 -BL Attive Governing Peopleff, arrude ga—Ing p-ple not rLyhtwmd wide Sisntaqr of,ftaft Governing people Title LEE, JAE KYUNG Registered Trade Names Registered trade names RAPHA HEALTH Status Active The Business Lookup information is updated nightly. Search date and time: 10/12/2020 1:56:39 PM Contact us How are we doing? Take our survey! rlewseamh Bach l'.omsuks Expiration date First issuance date Apr -30-2021 May -22-2017 Fimt isesed Apr -26-2017