AG 20-326 - Kengen Electric11001m -
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I
ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: - TIM JOHNSON EXT: 2412 3. DATE REQ.BY' ASAP
TYPE OF DOCUMENT (CHECK ONE):
El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ)
• PUBLIC WORKS CONTRACT El SMALL OR LEVITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT El I]UMAN SERVICES / CG
El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
11 ORDINANCE El RESOLUTION
* CON TRACTA MENDMENT(AG#): El INTERLOCAL
* OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT11-1-111111
j A
NAMEOF CONTRACTOR: HEN G1.-"NELECTRIC,L-1,-t�
ADDRESS: 3291133RD AVE SW, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 285-2983
E-MAIL: FRANKIM99@GMAIL.COM
SIGNATURENAME: FRANCIS NjENGA TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE 11 A
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES F-1 PRIOR CONTRACT/AMENDMENTS I
COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE:
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($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 11 YES X NO IF YES, $__ PAID BY: El CONTRACTOR 13 CITY
RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND
ROVIDED
El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10490 Project Calle # 267662-25060
0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL1 DATE APPROVED
El PROJECT MANAGER
N-OffECTOR 7`0
El RISK MANAGEMENT (IFAPPLICABLE)
0 LAW
1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CommirrEE DATE: COMMIT -ITE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
0 SENT TO VENDOR/CONTRACTOR. DATE SENT: DATE R-EC'D:--
El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
E] CREATE ELECTRONIC REMINDERfNOTIFICATION 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
0 LAW DEPARTMENT
_-W-
D-S?65ATORY (MAYOR OR DIRECTOR)
El CITY CLERK i
El ASSIGNED AG# AG#
1/2020
CITY OF
0M , Federal Way
CITY HALL.
33325 8th Averwe South
Federal Way, WA 98003-6325
(x 53) 835-7000
com
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
KENGEN ELECTRIC L.L.C.
This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal
corporation ("Cityand Kengen Electric L.L.C., a limited liability company ("Grantee"). The City and Grantee
Iso
under this Agreement:
Francis Njenga
32911 33RD AVE SW
FEDERAL WAY, WA 980
(253) 285-2983 (telephone)
frankim99@gmail.com I
Ade Ariwoola
33325 8th
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
described herein.
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 oft `s grant
agreement;
d) Grantee is not the recipient of of state or federal funding made available as a response
tot COVID- 19 pandemic
e) 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);
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 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 $1,000 in COVID-19 related expenses
Experienced 10-50% lost revenue
E] Experienced over 50% lost revenue
--
N 1 1
-
NPI#K#
4 CITY OF CITY HALL
33325 8th Avenue South
A**
Federal Way Federal Way, WA 98003-6325
(253) 835-7000
www cityciffederalway, com
a) Mortgage or Rent
b) Personal Protection Equipment
c) Insurance
d) Utilities
e) Marketing
F) Payroll
Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its
designee upon request.
3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City
may recover all disbursed grant funds and terminate this agreement.
I NO M
. I 01WRArel
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00).
4.2 Non -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.
5. INDEMNIFICATION.
5.1 Grantee hi&� icatiDn. 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 competent iurisdiction determine that this
event of liability for damages arising out of bodily injury to persons or damages to property caused by or
result -w@ from the concurrent negligence of the Grantee and the lko-
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, 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
♦ ♦ indemnificatio-c.
5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grante*
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 or
� 0 %.-, 5�deral Way
Z zm,- h�,
CITY HALL
33325 8th Avenue South
Federal Way., WA 98003-6325
(253) 635-7000
vvvny. cityoffederalway corn
5.3 Ofy Ind6mrAcatibn. The City agrees to release, indemnify, defend and hold the Grantee, it!,!
officers, directors, 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 respectiv*
agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the exten)
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 1h1gMrdqdOn and ��cafion. 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, 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) is 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, agreements or options, and the same shall be and remain in full force and
effect. Failure or dela-�j of the Cit4A to declare "ng breach or default immediatelp ws.:on occurr--;avcQL4riiiKr#l-.YwiiLW4
such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's
right to declare another 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 settbl� 2
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
represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This
CITY OF CITYHALL
33325 8thAvenue South
253) 835
(2 -7000
Federal Way Federal Way, WA 98003-6325
~v c4vffederal"y com
NO still.
L(J;CL11Cf �OU(L Ia
i i• -M 1 n tild.&ILIA; .111VIII 11CI-0#4 IL SHUR 1911-L3 UC ireveSWA J-�vlp
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.
IT11 IN I 1�
111 TAT 9 ' •
CITY ADERAL WAY:
Mill
DATE:
KEN,s :',E L.L.C.:
By:
Printed Name:
Title:
DATE:
L a(0
CARES ACT BUSINESS GRANT AGREEMENT -5-
7/2020
Washington State Department of Revenue
< Business Lookup
License Information:
Entity name- KENGEN ELECTRIC LLC.
Business name- KENGEN ELECTRIC
Entity type- Limited Liability Company
UBI to 604-007-963
Business 11). 001
Location ID: 0001
Location, Active
Location address: 32911 33RD AVE SW
FEDERAL WAY WA 98023-2733
Mailing address: PO BOX 26716
FEDERAL WAY WA 98093-3716
Excise tax and reseller permit status:
Click here
Secretary of to status:
Click here
Endorsements
Endorsements h0d at this locatlon License at Count
DetaUs Status
Federal Way General Business 19 -100265 -00 -BL
Active
Governing People
Governing people
Title
BROWN, MONICA
NJENGA, FRANCIS
The Business Lookup information is updated nightly. Search date and time: 10/22/2020 9:26.48 AM
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Expiration date First. Issuance date
Dec -31-2019 Apr -05-2019