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AG 20-233 - Fit-Rite AlterationsRETURNTOTIMJOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM - ORIGINATING DEPT./DIV'. ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3 � DATE REQ, BY- - __AsAp TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RTB, RFR RFQ) El PUBLIC WORKS CONTRACT D SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREENIENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE El RESOLUTION 11 CONTRACT AMENDMENT (AG#):_ DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT G NTAG EMENT PROJECT NAME:1- CARES ACT GRANT— ROUND I NAME OF CONTRACTOR: FIT -RITE ALTERATIONS ADDRESS: 1320 S. 324TH ST, #A5, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 205-9233 E-MAIL: FITRITELUDA@COMCAST.NET SIGNATURENAME: BAKHANOVICHBAKHANOVICH TITLE: SEE ACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION OINSUPANCEREQUIREMENTS/CERTIFICATE OALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION it TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NO/100 ($2,00000) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES, $ PAID BY*. El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: .0 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 ' d� 267662-2,5060 0. DOCUMENT/CONTRACT REVIEW El PROJECT MANAGER 0 DIRECTOR 11 RISKMRAGE MENT (IF APPLICABLE) El LAW it i W-NUMMMKI 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATEREC'D:— 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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 LAW DEPARTMENT SIGNED By LAW 07-28-20 El SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK -1 ASSIGNED AG# AG 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand Fit -Rite Alteration, 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: 101101,111MM IM•MMIN I= 110 •�-- I = Kwwwrg rl i 33325 8th Ave. S. 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 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 is not the recipient of other state or federal funding made available as a response to the COVID-19 panda is e) Grantee's business employees 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 CAVI -19, Grantee business (check all that apply): N� Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CITY OF CITY HALL 4' 33325 8th Avenue South A** Federal 'Way Federal Way., WA 98003-6325 (253) 835-7000 mm cifyoffederalway 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. W1914IM01611 Ir"'K 10111111111 . n. mum; MOM fias 111UJATUILL UJX LO LIX kV -T pwITE1111C, UIC %–IL.7 S1Id1r_J,1I*V1,tC d A;FUIIL Lit L110 CraIlLee III IN not to exceed Two Thousand and NO/100 Dollars ($2,000.00). 4.2 Non-Mi3roDriation 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. 5.1 Grantee Indemnification. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, an vo unteers arm ess om 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 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 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 covenants of indemnification. 5.2 Industrial lbsUrance 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. V CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mWV cityOffederalway, 00177 5.3 Ciiy Indemnification. The City agrees to release, indemnify, defend and hold the Grantee, its 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 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 IntMretati" 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, 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 [�rovision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantes represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This ,�S� Fbderal M16Y CITY OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (2 a3 ) 335-7000 www. cityoffedaralwgv corn Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed 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 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. IN WITNESS; the Parties exeanc� fl* Agredmdnt below, OfFective the last date written betm ATE: r Printed a e: W Title: ATE: — jo - 7/25/2020 eServices Washintjton State Departnnen,11" of Rev�,-,,nue Sewices Business Lookup FIT -,RITE ALTERATIONS License Information: Entity name: BAKHANOVICH, LYUDMILA Y Business name: FIT -RITE ALTERATIONS Entity type: EgLq Proprietor UBI #: 602-011-256 Business ID: 001 Location ID: 0002 Location: Active Location address: 1320 S 324TH ST STE A-5 FEDERAL WAY WA 98003 Mailing address: 1320 S 324TH ST STE A-5 FEDERAL WAY WA 98003 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Federal Way General Business 04 -100207 -00 -BL Governing People may include governing people not registered with Secretary of State Governing people Title BAKHANOVICH, LYU DIVI ILA Y Registered Trade Names New search Back to results Status Expiration date Active Feb -28-2021 Registered trade names Status FIT -RITE ALTERATIONS Active View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/25/2020 12:41:39 PM https://secure.dor.wa.gov/gteunauth/­,/#78