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AG 20-126 - American Homes Construction17HEM CITY OF FEDERAL WAW LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIMJOHNSON EXT: 2412 3. DATE REQ.BY: ASAP I El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG 11 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 11 RESOLUTION * CONTRACTA NT (AG#):_ El INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME:_ CARES ACT GRANT— ROUND I NAME OF CONTRACTOR: AMERICAN HOMES CONSTRUCTION ADDRESS: 33020 38TH AVE SW, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 486-2126 E-MAIL: IGOR. SYSUN@AMERICANHOMESCONSTRUCTION.COM SIGNATURE NAME: SysuN SysuN TITLE: SEEArTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES D COMPENSATION D INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXHIBITS EJ PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE:,._5_E_EATTACHEDAORE COMPLETIONDATIN TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($ 1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: DYES XNO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: El CONTRACTOR El CITY El PURCHASING: PLEASE CHARGE RETIEW 0 PROJECT MANAGER AV " DIRECTOR El RISKMANAGEMENT (IFAPPLICABLE) 11 LAW I ,1.N'1T1tU-,/DA1*E REVIENVED INIT'IAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE' SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SE DATE REC'D:- 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 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 11 SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# AG# 'OMMENTS: T/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand American Homes Construction, a limitedliability 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: Ihor Sysun 33020 38TH AVE SW FEDERAL WAY, WA 98023 (253) 486-2126 (telephone) ��l N 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (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 described herein. a I i9MM, 91 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 pandernic 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 TVID-19, Grantee business (check all that apply): Was required by state or local order to close Ej 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 2.2 Use of Funds: Grantee a that grant funds will be used for the following purposes: CITY OF CITY HALL 4' 33325 Sth Avenue South '8* Fe d e ra I Wa y Federal Way WA 98003-6325 (253) 835-7000 wivvy cityoN?deralway 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 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. 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-Appro-priation 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 Graritee indeninMoAtion. 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 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 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 WaN&. 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. & CITY OF 4%p R�deral My CITY HALL 33325 8th Avenue South Federal Wav, WA 98003-6325 (253) 835-7boo wmw atyoffedet ah - ray corn 5.3 Ciij Adenifif Wation. 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 tennination. 6.1 1*4*4Atibn and Modifitafion. 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. 6.3 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 i��deml Woy CITY HALL 33325 8th Avenue South Federal Way. WA, 98003-6325 (253) 835-7000 www cityofifederalwaycorn 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 fonn . singleinstrument comprised i all i.g. of Agreement . • . complete set of 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 execute this Agreement below, effective the last date written below. Jima e .. iar� ATE:. By: fR ... Printed Name: ) ku-f t-7 Title: ATE: aid Services Business Lookup AMERICAN HOMES CONSTRUCTION License Information: New search Back to results Entity name: FLO FLOORS LLC Business name: AMERICAN HOMES CONSTRUCTION Entity type: Limited Liability Company UI #: 604-133-706 Business ID: 001 Location ID: 0001 Location: Active Location address: 33020 38TH AVE SW FEDERAL WAY WA 98023-2618 Mailing address: 33020 38TH AVE SW FEDERAL WAY WA 98023-2618 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuancE Federal Way Home Occupation Active May -31-2021 May -22-2020 Business Governing People May Include governing people not registered with Secretary of State Govprning people Title SYSUN, IHOR Registered Trade Names Registered trade names Status First issued AMERICAN HOMES CONSTRUCTION Active Dec -26-2018 11-m wirgiii i 11��� m Mllillllllllzl 1110. ll amonn"J'' M, 1 1110, UTWIM, 'I" https://secure.dor.wa.gov/gteunauth/­/#72 1/1