HomeMy WebLinkAboutAG 20-672 - Exquisite New RemodelTO: Tim Johnson
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQ.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
1:1 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG
El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE [I RESOLUTION
El CONTRACTA NT (AG#):_ [I INTERLOCAL
X OTHER —,CARES ACT, FUNDS BUSINESS SUPPORT GRANT AGREEMENT
NAME OF CONTRACTOR: EXQUISITE NEW REMODEL
ADDRESS: 32541 36TH AVE SW, FEDERAL WAY WA 98023-2601 T ELEPHONE: (206) 739-7211
E-MAIL: MARIANTANASE@MSN.COM
SIGNATURE NAME: MARIAN TANASE TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION 11 fNSURANCE REQUIREMENTS/CERTIFICATE 11 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 1:1 REQUIRED LICENSES 11 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 ($1,000m)
(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 El YES X NO IF YES, $_ — PAID BY: 13 CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 11 RETArNAGE BOND
ROVIDED
El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 tc ect Code #267662-25060
0. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED
El PRO ECT MANAGER
0
E�,E RECTOR ]allo �_o 11 W 110-122-.z
El RISK MANAGEMENT (IF APPLICABLE)
0 LAW
SCBEDULED COMNUTTEE DATE:
i;CHEDULED COUNCIL DATE:
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE:
El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
1:1 CREATE ELECTRONIC REMINDER/NOTIFICATION 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 LA DEPjkI2,TMENT N/A
GNATORY (MAYOR OR DIRECTOR)
El CITY CLERK
0 ASSIGNED AG# ^AG#
,OMMENTS:
1/2020
44 CITY OF
F6deral V%lay
CITY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cityoffederalway coon
U—XM ► 7CU-MITTIME11 f
WITH
EXQUISITE NEW REMODEL
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Exquisite New Remodel, 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:
P W-14 N-1111 K"Orr,
(206) 739-7211 (telephone)
mariantanase(ld),msn.com
The Parties agree as follows:
Ade Ariwoola
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 835-2509 (facsimile)
ade.ariwoola@cityoffederalway.com
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
,tes cv.-be d Verei-c.
2. CONDITIONS OF GRANT
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 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):
M Was required by state or local order to close
Was forced to lay off employees due to reduced patronage
Incurred over $1,000 in COVID-19 related expenses
E] Experienced 10-50% lost revenue
VExperienced over 50% lost revenue
2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes:
a)
Mortgage or Rent
b)
Personal Protection Equipment
CITY OF
.L Federal Way
c) Insurance
d) Utilities
e) Marketing
f) Payroll
CITY HALL
33325 8th Avenue South
Federal Way,, WA 98003-6325
(253) 835-7000
wvyw cityoffederalway corn
Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its
designee upon request.
3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City
may recover all disbursed grant funds and terminate this agreement.
4. GRANT AMOUNT.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/I 00 Dollars ($ 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.
V 1010
=000M
5.1 Grantee Indemnificatio . 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
[!ierformance of this Agreement, except for that portion of the claims caused by the City's sole negligenc*,
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the
event of liability for damages arising out of bodily injury to persons or damages to property caused by or
resulting from 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
anIi indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and
volunteers to the extent and on the same ternis 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 further
acknowledge that they have mutually negotiated this waiver.
5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Grantee, its
officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless
CITY OF
F6deral VV�y
CITY HALL
33325 Sth Avenue South
Federal Way., VVA 98003-6325
(253) 835-7000
mwv. cityoffederalwa-v com
5.3 City Indemnification. 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, 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 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 Interpretation 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 i- -t
invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof a,.-4
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 Par -ties.
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) days after the date of mailing. Any
remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall bc
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 fall 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 agree in writing to an alternative process. If the King County Superior Court
;uch a suit then suit ma'Vyltr-�,riate coi in King CountA
be filed in an�j other aAo
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 ii`.ls, 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.
M NVOWNS MGM .0111 _;I B 9
CITY HALL.
33325 Sth Avenue South
Federal Way, WA 8003.-6325
(253) 835-7000
pv ciayaffederalw ay cca
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled
together i form , single instrument comprised of all pages g e of Agreement i s complete set of
signature and acknowledgment pages.- date upon
counterpart of this Agreement shall be the "date of mutual execution" hereof.
IN WITNESS, a Parties
,- a a Agreement
g.., as an r- effective - last i ♦ - written below.
• S
Printed e: 65
Title: OWNER
ATE:
'
10/6/2020 Washington State Department of Revenue
< Business Lookup
Entity name:
TANASE, MARIAN
Business name:
EXQUISITE NEW REMODEL
Entity type:
Sole Proprietor
UI #:
601-815-134
Business ID:
001
Location ID:
0002
Location:
Active
Location address: 3254136TH AVE SW
FEDERAL WAY WA 98023-2601
Mailing address: 3254136TH AVE SW
FEDERAL WAY WA 98023-2601
Excise tax and reseller permit status- Click here
Endorsements
Endorsements held at this location License # Caunt Details
Federal Way Home Occupation 97 -105117 -00 -BL
Business
Governing People Nor include governing people not registered with Smtany ofStaft
Governing people Title
TANASE, MARIAN
,-Registered Trade Names
Registered trade names
EXQUISITE NEW REMODEL
Status
Active
New search Back to resufts
Status Expiration date First issuance dai
i
Active Sep -30-2021 Jan -27-2000
View Additional Locations
The Business Lookup information is updated nightly. Search date and time: 10/6/2020 9:46:26 AM
Contact us
Fifst issued
Apr -05-2016
https:[/secure.dor.wa.gov/gteunauth/—/#1 7 1/2
