AG 20-275 - HD Quality HomesRETURN TO: TIM JOHNSON
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,_,___
El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
• GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG
[I REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE El RESOLUTION
* CONTRACT AMENDMENT (AG#):_ El INTERLOCAL
* OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
NAME OF CONTRACTOR: HD QUALITY HOMES LLC
ADDRESS: 1900 SWC PUS DR, #6-104, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 329-0679
E-MAIL: HDQUALITYHOMES@GMAIL.COM
SIGNATURE NAME: HAN HAN TITLE: SEE ACHED
. TERM: COMMENCEMENT DATE: -SEE ATTACHED AGREEMENT COMPLETION
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($ 1,00000)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 11 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED DYES X NO IFYES,$,---- BYE] CONTRACTOR[] CITY
RETAINAGE: RETAINAGEAmOUNT: LIRETAfNAGEAGRFEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE
0 PURCHASING: PLEASECHARGETO
0. DOCUMENT/CONTRACT REVIEW
El PROJECT MANAGER
N,61RECTOR
El RISid MANAGEMENT (IFAPPLICABLE)
El LAW
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
El SENT TO VENDOR/CCINTRACTOR DATE SENT: DATE REC'D-1
11 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 need
INITIAL / DATE SIGNED
0 LAW DEPARTMENT —SIGNED BY LAW 07-28-20
• SIGNATORY (MAYOR OR DIRE
• CITY CLERK
• ASSIGNED AG#
1/2020
AG,
CITY OF
Pbderai woy
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www aryoffederalway. cora
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
HD QUALITY HOMES LLC
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and HD Quality Homes 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:
Ahrum Han
1 A&I, I'll, C414616i., 46",
Ade Ariwoola
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
described herein.
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 is not the recipient of other state or federal funding made available as a response
to the COVID- 19 pandemic
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 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
E] 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 affirms that grant funds will be used for the following purposes.-
CITY OF CITY HALL
33325 8th Avenue South
Federal Way WA 98003-6325
Federal Way (253) 835-7000
wim cityOffecteralway C0177
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.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
ID- 19 ixandemic- the Citp-shall-tcrovide a grant to the Grantee in an amount
riot to exceed One Thousand and NO/100 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.
5.1 -Grantee Indemnification. 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
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
. . . . . . . . . .
I mcleted shall not-b"woundsto avoid an 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.
CITY HALL
33325 Sth Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
wmv cityoffederatwqy COM
5.3 01y 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.
A
6.1 hgp"retadon and Wdification. 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) days after the date of mailing. Any
remedies provided for under the ternis of this Agreement are not intended to be exclusive, but shall bl�4
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 delakpi-��-j to declare any breach or default immediatelpLa-tion 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
ith the laws of the State of Washinaton. If the Parties are unable to settlw-nk,,,LtLz��u aWlifference ar
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
recoverp or award %sroyided brA law,-�scrovided- however- however nothing in this QL. .• .ih 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
OF
F�derai my
CITY HALL
33325 6th Avenue Sauth
Federal Way, WA 8003-6325
(253) 535-7000
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Agreement • be executed any ♦'` of counterparts, r ofwhich shall is deemed e♦ t 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 ♦ it The signature • is acknowledgment pages from• ` it • 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 Agreement Y be"date of Y execution" h` •
IN WITNESS, the Parties execute this Agreement is • effective the last date written below.
ra
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ATE:
Title: (1Av)� mm,.
ATE:
7/25/2020 eServices
Washington State Department of Revenue
Senfices Business Lookup HD QUALITY HOMES Li -C
License Information:
Entity name: HD QUALITY HOMES LLC
Business name: HD QUALITY HOMES LLC
Entity type: Limited Liability Company
I: 604-364-995
Business ID: 001
Location ID: 0001
Location: Active
Location address: 1900 SW CAMPUS DR
APT 6-104
FEDERAL WAY WA 98023
Mailing address: 1900 SW CAMPUS DR
APT 6-104
FEDERAL WAY WA 98023
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 May Include governing people not registered with Secretary of State
Governing people Title
DAVILA, MARCO
New search Back to results
Status Expiration date
Active Jul -31-2021
HA, AHRUM
HERNANDEZ, BERNARDINO
The Business Lookup information is updated nightly. Search date and time: 7/25/2020 1:26:31 PM
https://secure.dor.wa.gov/gteunauth/—,/#234 1/1
BUSINESS INFORMATION
Business Name:
HD QUALITY HOMES LLC
N.M. -
[1111SM-1Is
Business Type:
WALIU-ITED
Principal Office Street Address:
1900 SW CAMPUS DR APT 6-104, FEDERALWA, 98023-6421, UNITED STATES
Principal Office Mailing Address:
1900 SW CAMPUS DR APT 6-104FEDERAL WAY, WA, 98023-6421, UNITED STATES
Jurisdiction:
UNITED STATES, WASHINGTON
Formation/ Registration Date:
12/26/2018
-1 1
Im RN
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REGISTERED AGENT INFORMATION
Registered Agent Name:
MARCO DAVILA
Street Address:
1900 SW CAMPUS DR APT 6-104, FEDERAL WAY, WA, 98023-6421, UNITED STATES
Mailing Address:
1900 SW CAMPUS DR APT 6-1041, FEDERAL WAY, WA, 98023-6421, UNITED STATES
GOVERNORS
Title Governors Type Entity Name First Name as Name
XTIAN-WIN"St
10210ftyJ1611110
1112103VAI� - �
F.111IN111 JI
https://ccfs.sos.wa.gov/#/BusinessSearch/Businesslnformation 1/1