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AG 20-113 - Affordable InteriorsCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM . ORIGINATING DEPT./DIV: ECONOMIC DEVEWPM ENT . ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQ.BY. ASAP 1:1 PUBLIC WORKS CONTRACT 11 SMALL OR LIMITED PUBLIC WORKS CONTRACT 1:1 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE 1:1 RESOLUTION Ei CONTRACTA ENT (AG#):_ 0 INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANTAGREEMENT . PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: AFFORDABLE INTERIORS LLC ADDRESS: 1707 S 341ST PL, #13, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 285-0209 E-MAIL: KONSTANTIN@AFFORDABLEINTERIORSLLC.COM SIGNATURE NAME: KONSTANTIN SAMOYLENKO TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQU [REM ENTS/CERTIFICATE [I ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NO/100 ($2,000.00) (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: El CONTRACTOR El CITY RETAINAGE: RETAINAGE AMOUNT: _E3 RETAINAGE AGREEMENT (SEE CONTRACT) OR C] RETAINAGE BOND ROVIDED El PURCHASING: PLEASE CHARGE TO:001-1800-990-518-10-490 Project Code# 267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL DATE APPROVED El PROJECT MANAGER Q-1RECTOR Z7 El RISK MANAGEMENT (IF APPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: CommmrEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: - 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 El LAW DEPARTMENT ------------- 1-f El SIGNATORY (MAYOR OR DIRECTOR) • CITY CLERK • ASSIGNED AG# AG# 'OMMENTS: 6� W 1/2020 JAL CITY at 4�� F;6deml My CITY HALL 33325 Sth Avenue South F-s4w24AV?.. (253) 835-7obb wivw cityoffederalway. coin FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH AFFORDABLE INTERIORS LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand Affordable Interiors 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: Konstantin Samoylenko 1707 S 341ST PL, #13 FEDERAL WAY, WA 98003 (253) 285-0209 (telephone) WK11 0 W go 11 of Ade Ariwoola 33325 8th 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): E] 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 Experienced 10-50% lost revenue Experienced over 50% lost revenue I jl� 1111111 1 1111 11 - 1 • 0 6 •4 - CITY OF CITY HALL 33325 Sth Avenue South Fed6ral My Federal Way, Wo� 98003-6325 (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 agr-- a+ ._ e 5.1 QjqAt9c 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 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 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 OF Fbd4ral Way CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 mvw cityoffederalway coin 5.3 btyi 16demilification. 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 in!gWrgatiort 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. 6.2 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 be 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 Ali jgp - MJW ,d jig jil force acd Ji IN WOW, V11MA. Milury or LiMay or Vie City to ur'Ladic Or such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the Citys 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 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 recovery or award provided by law; provided, however, however nothing in this paragraph 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 AL CITY OF CrrY HALL 33325 Sth Avenue South ederal Federal 80 •• 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 execute this Agreement below, effective the last date written below. ,lm Ferrell, Mayor DATE: AFFORDABLE INTERIORS LLC' By:� - FLITinted DATE;616112-oZZ1-1 7/24/2020 eServices Services Business Lookup AFFORDABLE INTERIORS LLC License Information: New search Back to results Entity name: AFFORDABLE INTERIORS LLC Business name: AFFORDABLE INTERIORS LLC Entity type: Limited Liability Company UI #: 604-177-626 Business ID: 001 Location ID: 0001 Location: Active Location address: 30024 41 ST AVE S Governing People May include governing people not registered with Secretary of State AUBURN WA 98001-2216 Mailing address: 1707 S 341ST PL STE B SAMOYLENKO, KONSTANTIN FEDERAL WAY WA 98003-6867 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 General Business - Active May -31-2021 May -28-2020 Non -Resident Kirkland General Business - Non- Active Jun -30-2021 Jun -12-2020 Resident Governing People May include governing people not registered with Secretary of State Governing people Title SAMOYLENKO, KONSTANTIN Registered Trade Names Registered trade names Status First issued AFFORDABLE INTERIORS LLC Active Oct -09-2017 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:00:07 PIVI https://secure.dor.wa.gov/gteunauth/—,/#20 1/1 8/19/2020 Corporations and Charities System 1i -e Mywnd Charities Filing System i , SSI ARN ' BUSINESS INFORMATION AFFORDABLE INTERIORS LLC 1.11II&AK-til. WA LIMITED LIABILITY COMPANY 1707 S 341 ST PL STE B, FEDERAL WAY, WA, 98003-6867, UNITED STATES 5308 RIDGE DR NE, TACOMA, WA, 98422-1528, UNITED STATES 1:24.1;2:11011W Business Name: Business Type: Business Status: Principal Office Street Address: Principal Office Mailing Address: Expiration Date: jurisdiction-, Formation/ Registration Date: Period of Duration: Inactive Date: Nature of Business: https://GCfS.sos.wa.gov/#/BusinessSearch/Businessinformation 1/2