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AG 20-128 - AML Building SolutionsRETURN TO: TIM JOHNSO Me EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPI/DIV: E KO•MIC DEVELOPMENT - -No- . ORIGINATING STAFF PERSON: - TIM JOHNSON —1 EXT: 2412 3. DATE REQ. BY. AsAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) • PUBLIC WORKS CONTRACT Ei SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDG El REAL ESTATE DOCUMENT 11 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) [] ORDINANCE El RESOLUTION * CONTRACT AMENDMENT (AG#): 0 INTERLOCAL * OTHER. CARES ACT FUNDS BUSINESS SUPPORT GRANT ACSREEMENT PROJECT E: CARES ACT GRANT- ROUND I NAME OF CONTRACTOR: AML BUILDING SOLUTIONS, LLC ADDRESS: 30724 21ST AVE SW, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 591-1802 E-MAIL: MIKE@AMLBUILDINGSOLUTIONS.COM SIGNATURE NAME: IC IL ALESHCHENKO TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS COMMENCEMENT DATE: -SEE ATTACHED AGREEME T COMPLETION DATE: 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: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED E] PURCHASING: PLEASE CHARGETO: 001-1800-990-518-10-490 Project Code# 267662-25060 mm 0. DOCUMENT/CONTRACT REVIEW INITIAL z DATE REVIEWED INITIAL / DATE APPROVED 11 PROJECT MANAGER M,flikECTOR El RISKMANAGE MENT (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: E] SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:— El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 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 Z0L DEP TME il�NT �GNATORY (MAYOR OR DIRECTOR) 0 CITY CLERK El ASSIGNED AG# AG# 1/2020 CITY HALL 33325 3th Avenue South Federal Way. WA 98003--6325 (2513) 335-7406 wmv cliyoffederahvgv corn CARES FUNDS BUSINESS SUPPORT !' ii GRANT AGREEMENT WITH AML BUILDING i This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and AML Building Solutions, 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 "•; `• under this Agreement: Michail Aleshchenko 0724 21 ST AVE SW FEDERAL WAY, WA 98023 (206) 591-1802 (telephone) FAr ' i.Ftj 33325 8th Ave. S. Federal Wa%, WA 98003-6325 r (telephone 835-2509 .•' !i'.AIA11662•' i 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions Federal2.1 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 Ci of r 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 th- ant agreement ) Grantee is not the recipient of other state or federal funding made available as a response to the COVI -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 t $1.5 million per year g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service Due to CVI -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 Incurred over $1,000 in COVI -19 related expenses Experience 10-5% 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 A4S Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www cityoffederalway 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. 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 CQVID- I 9,Uandemic, itv shgll vrovid.e;zu-a-tit to Pep t-�-rnyfpp in,7ji aw*ijit Werl )IMI Damon, IMUU. FI&Igig 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for paymewj under this Agreement for any fiscal period, the City will not be obligated to make payments under this Y greement. I 5.1 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 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 Waiver. It is specifically and expressly understood that the Grantr4 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. r6dieral My ci-rY HALL 33325 Sth Avenue South Federal Way VVA 98003-6325 (253) 835-7000 mvw cRyoffederahvay Coal 5.3 CJjY Indemnification. The City agrees to release, indemnify, defend and hold the Grantee, i ,Grantee rin officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmle from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceeding judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, cost_ and/or litigation expenses to or by any and all persons or entities, including without limitation, their respecti -Wents- licensees or roxesentafiyM arising from, resulting .w:Ywr-e;it IMIKKOXX 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 metation 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 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 addresst set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of tf notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notic so posted in the United States mail shall be deemed received three (3) days after the date of mailing. An remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall t cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City t insist upon strict performance of any of the covenants and agreements contained in this Agreement, or t exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waivt or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force an effect. Failure or delag of the Citki to declare anij breach or default immediatelp ui-�Oon such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted i accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference c claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall b by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King Count:3 Washington, unless the parties agree in writing to an alternative process. If the King County Superior Coui does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King Count3 Washington. Each party consents to the personal jurisdiction of the state and federal courts in King Count3 Washington and waives any objection that such courts are an inconvenient forum. If either Party brings an, claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees aniis expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any othe recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed b 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 cepresents and warrants that such individual is duly authorized to execute and deliver this Agreement. This �. Fbdeml Vft C,TY "s CUTY HALL 33325 6th Avenue South Federal Way, WA 96003-6325 (253) 335-7000 www o1yoffederalway c carry Agreement a....... be executed in any numberof counterparts,each of Y. be deemed an original and with the same effect as if all Parties hereto had signed the same document.i •Yrts shall be • `t together and shall constituteone but + f' proof e•' only be necessary to produce one f •.signature. and acknowledgment pages fromi _i. Y e assembled Partiestogether 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. I IN WITNESS, the effective _last datewritten below. q � : Jim Fe 1, Mayor -71a D ATE: AML BUILDINGSOLUTIONS, LLC:, Bw Printed Name: ' �°` ' � � e5 �e t�� - v Title: C)il`�� `� 7/24/2020 eServices Washfflgton State Departrrer)t of Revenue Services Business I .00kup AML BWLIDING SOLUTIONS, LLC License Information: New search Back to results Entity name: AML BUILDING SOLUTIONS, LLC Business name: AML BUILDING SOLUTIONS, LLC Entity type: Limited Liability Company UBI #: 604-560-349 Business ID: 001 Location ID: 0001 Location: Active Location address: 30724 21 ST AVE SW FEDERAL WAY WA 98023-7835 Mailing address: 30724 21 ST AVE SW FEDERAL WAY WA 98023-7835 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 issuanc( Federal Way Home Occupation Active Jan -31-2021 Jan -23-2020 Business Governing People may include governing people not registered with Secretary of State Governing people Title ALESHCHENKO, MICHAIL Registered Trade Names Registered trade names Status First issued AML BUILDING SOLUTIONS Active Jan -10-2020 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:18:58 PM 10 F 1!!!!!Il I �351;711111111= M10''111 https://secure.dor.wa.gov/gteunauth/—,/#75 1/1 LOE =39FTIM MWIKSHT.M�� Business Name: AML BUILDING SOLUTIONS, LLC UBI Number: 604560349 Business Type: WX , L.W4. j LAW I �Lfld Principal Office Street Address. 30724 21ST AVE SW, FEDERAL WAY, WA, 98023-7835, UNITED STATES Principal Office Mailing Address: 30724 21ST AVE SW, FEDERAL WAY, WA, 98023-7835, UNITED STATES Expiration Date: 01/31/2021 Jurisdiction: Formation/ Registration Date: 01/09/2020 I MMI - 0, 9 mam�� W-139KI 1 I'Al jjVj I [f] I V.,Fj I Wj P W11 11 Street Address: 30724 21ST AVE SW, FEDERAL WAY, WA, 98023-7835, UNITED STAT Mailing Address: 30724 21ST AVE SW, FEDERAL WAY, WA, 98023-7835, UNITED STAT GOVERNORS Title Governors Type Entity Name GOVERNOR INDIVIDUAL https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1