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Home My WebLink AboutAG 20-618 - Better Homes RemodelingRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE Q. BY ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 11 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CONTRACT ANIENDMENT(AG#): 0 INTERLOCAL X OTHER CARES ACT RJNDS BUSINESS SUPPORI-GPAINI-F-,,\"GIRII--'[--mU,,NT_,________. PROJECT NAME: CARES ACTGRA T r ROUND 2 NAME OF CONTRACTOR: BETTER HOMES REMODELING LLC ADDRESS: 3617 SW 328TH ST, FEDERAL WAY WA 98023-2658 T ELEPHONE: (206) 355-4136 E-MAIL: BETTERHOMES.SEATTLE@GMAIL.COM SIGNATURE NAME: ELYAS KEROW TITLE: SEE ATTACHED s TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMEqT COMPLETION DATIM TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NO/100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 1:1 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: 1:1 CONTRACTOR 13 CITY RETAINAGE: RETAfNAGEAmOLYNT: -0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 11 RETAINAGE BOND ROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 0, OC ISN' /C N kCT REVIEW INITIAL / DATE REVIEWED INITIAL /DATE APPROVED P 0 L!f C "T� NA� G% E IRECTOR -f(j bb -07- 2-V Z/O C5 El RISK MANAGEMENT (IF APPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) - SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 0 1 1? to El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: 1:1 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS E3 CREATE ELECTRONIC REMINDERJNOTIFICATION FOR I MONTH PRIOR TOE I TION 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 C3 LA PARTMENT A GIS iTOR (MAYOR OR DIRECTOR) El CITY CLERK E] ASSIGNED AG# AG#_ 'OMMENTS: 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Better Homes Remodeling LLC, a limited liability company ("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: BETTER HOMES REMODELING LLC: CITY OF FEDERAL WAY: ELYAS KEROW Ade Ariwoola 3617 SW 328th St 33325 8th Ave. S. FEDERAL WAY, WA 98023-2658 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (206) 355-4136 (telephone) (253) 835-2509 (facsimile) batter homes.seattle(,d,gmE�il.com ade.ariwoola(a-_) y.com % _ _ _,cityoffederalwa 1 . TERM. This agreement contemplates a one-time grant of funds to the Grantee un•- i- r`• eiescribed hereM;. 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's business employees no more than tee iv en 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) DuetoCO 113-19, Grantee business (check all that apply): �Was required by state or local order to close Vas f lair y off employees due to reduced patronage Incuffed. over $1,000 iii COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% 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 CARES ACT BUSINESS GRANT AGREEMENT 7/2020 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 fimds 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 i. us xceed Two Thoand and NO/I 00 Dollars ($2,000.00). UNNIMplatima 5.1 QEqgtee lhde , ft J afij�q. The Grantee agrees to release indenmify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harnidess 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 liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from b va 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 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 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 ftirther acknowledge that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 CITY OF CrrY'HAL.L. 33325 8th Avenue South At Federal Way FederM Way, WA 98003-6325 (2 S3) 835-7000 mvw c"ffederuhvay carr? 5.3 �City lnd&hihifk�. 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, 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 fiftrordation and Modifibation. This Aueement 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 erative, null and void, or illeial shall in no wav affect or invalidate anv other nrovision hereof and such other 11 If M411N NIRL11 MMU111 All iMINDITUC Y -VEL C11CUL. 11M PrIVIM"101JIM 2-igrecilicin, 111V,1kU111g L11157P114VIN1194" 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 -,tosted in the United States mail shall be deemed receivedda three ( y 3) ps 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 -0,f1tions, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive 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 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 a, ree in writing to an alternative Drocess. If the Kin Countv Su-oerior Court does not have jurisdiction over such Nile. rfw# , n1af 69M Ti 2-100 CU . V I . C I , I VVIII, TTr -Me 50 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. CITIV of Cl" WLL 11121 ft, Ayeft)f Spy^ roowg,rtg, ejA gor u21t 2o-2 Federal Way 6.1 Voch indivishn, I exti,'ofing this Apt rement on behilf of the City and Grinice rept tuts anal %%-nffnnt% thni earth individ,m) is jfislN ajohmimil to rxecute mod delivrt thk Avrepnienu rhii A prrment miy be enecided in nnN minits et of counirtrartt, r.'uh of t%hich Ovill be slerniM an ori incl Inil wiih Thr tome effcc, n% Wall Parties hrrelo had cignml the mme d(xurnent All arch counterpane %linil he coindnjed lillwherand shall conslit tlic one in%inunew, but in making prixif hcmif it shall onls IV nece%intv 14) prim.lucc one ajch cnunterpul. The signature and ncknowt mtut ent pages ("-%In Such counter arta May be assembled to ether to fom 3 single inqtnimcni compriqm ti! all pages ofthis Agreement and a complete set of all signature and acknowledgment IxVcs, 1 date uIxin which the Inct or all of the Parti" have exccitted a countegrM of this Agreement 'hall be the "dale ofmute al execution" hcm--f CITY 01' I-L-'0F"R,AL WAY: Jim 3;6*H'. k1twor DATF: —Z Br. 0013 DAM 11 1 CARES ACT BUSINESS GRANT AGREEMENT 7/2020 Scanned with CarnScanner c k - Sek,,,,,,k,,es Bum iness LookUp BETT ERIHOMES REMODEUNG LLC License Information: Entity name: BETTER HOMES REMODELING LLC Business name: BETTER HOMES REMODELING LLC Entity type: Limited Liability Company I: 604-363-596 Business ID: 001 Location ID: 0001 Location: Active Location address: 3617 SW 328TH ST FEDERAL WAY WA 98023-2658 Mailing address: 3617 SW 328TH ST FEDERAL WAY WA 98023-2658 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License Count Details Federal Way Home Occupation Business Governing People ay include governing people not registered with Secretary of State Governing people Title KEO, ELYAS New search Back to results Status ExpHa, tron dale First issuancE - Active Dec -31-2020 Dec -12-2019 zzsm��