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AG 20-241 - GFM ConstructionTO: JOHNSON , CITY OF FEDERAL DEPARTMENT J R ORIGINATING DEPT./DIV- ECDEVELOPMENT ORIGINATING STAFF PERSON: JOHNSON DATE REQ. s r . TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR LECTIO DOCUMENT (E.G., Q) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT ANT (AG): ❑ INT OCAL OTHER CARES ACT FUNDS BUSINESS SPORT GRANT AGREEMENT 5. PROJECT : CARES ACT G — ROUND l . NAME OF CONTRACTOR: GFM CONSTRUCTION ADDRESS: 3925 S 325THPL, FEDERAL Y, WA, 98001 TELEPHONE: (425) 736-0531 E-MAIL: J PRO@GMAIL.COM SIGNATURE : AUDREY USTENKO TITLE: SEE ATTACHED 7. EXHIBITS AND 1 11 SCOPE, •SERVICES COMPENSATION 0 INSURANCE REQUIRENIENTS/CERTIFICATE OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS * TOTAL COMPENSATION(INCLUDE EXPENSES AND ! AND NO/100 ($1,000 .00) (IF CALCULATED ON HOURLYLABOR SCHEDULES 1` D HOLIDAY REIMBURSABLE EX' l XNO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED i YES X NO PAID BY: i CONTRACTOR t CITY RETAINAGE: RETAiNAGE AMOUNT: 11 RETAiNAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDED ■ PURCHASING: ■x •,y CHARGE , 1800-990-518-10-490 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL 1 DATE APPROVED ❑ P�OJECT AGE RFCTORmre ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LA 11. COUNCIL (IF APPLICABLE) SCHEDULER Co TEE DATE: Comw=E APPRovAL DATE:--- SCHEDULED ATE:SC DULED CQUNCIL DATE: COUNCIL APPRovAL DATE: r ` ' •7 � •; 1 ' ' ' r r 1` ■ r r+r• r •. • r 'l L ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONICREMINDER/NOTIFICATION1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary feel free to set notification more than a month in advance if council approval is needed.) INITIAL/ ATE SIGNED ❑ LAW,DEPARTMENT Q,KGNATORY (MAYOR ORDIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG#W�- ;)q I 1/2020 .&CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 vvww cityrffederaWy com Zlrwti• �M-1117XU?J_Mui WITH GFM CONSTRUCTION This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal corporation ("Cityand GFM Construction 11C, 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: 1114 ad KK111M V 'A IM V Audrey Ustenko 3925 S 325TH PL FEDERAL WAY, WA 98001 I # I Ming 'MMMUM 111 IMM 11 MAMAJMIN41 ". • CITY OF FEDERAL Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 ) 835-2520 (telephone) (253) 835-2509(facsimile) I . TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions 1escribed herein. 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 -ftinding 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 COVID-19, Grantee business (check all that apply): �4 Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage incurred, ova $ i �000 in COVID- 19 related expenses Experienced 10�50% lost revenue E erimced over 0% lostivvenue Or..2 Use of Funds: Grantee affirms that grant funds will be used for the following purposeT 141 CITY Of CITY HALL 33325 5th Avenue out Federal Way Federal Way, 1VVA 98003-61225 (253) 835-7000 "mew d(yoffe-derahmay rom 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 fnnds 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 fimds and terminate this agreement. L OVIV-1105roll 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to W i i 6 �— �-- ". 1. 10 to] a "Elifffli4afflM Wma I tell &IMINISM5001191WEE 103111MMU, gELIA1 JIM 4.2 Non�AnDrmnatjgj�nds. 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. LNDEMNIFICAT ION. 5.1 9— . 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, iniuries, 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 A CT. 11111 file - 'n I WN ".0 -60674- MARMWETMis dF1 i NOW W -N - 1011L Irl L11t; UrAILUU S HUgHgORCO. kiranTee snal, enSlIre TANT Farn sllo-i frantee sti e-, to Mip (IMM"It" ire e en 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 indercri 5.2 liadustdid tnsLing . It is specifically and expressly understood that the Granteii waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the ( oses of this indemnification. Grantee's indemnification shall not be limited in anpmr-V 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. CJTV OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 pv,aid�,, oof aaad y,co/n Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the a effect as if all Partiesn 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 counterpart. The signature N. acknowledgment pages fromrts 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 executiola" hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. f x x GFM L,,.• A . Printed Name: Title- DATE: 8/26/20 Services Business Lookup GFM CONSTRUCTION LLC License Information: Entity name: GF IVI CONSTRUCTION LLC Business name: GFM CONSTRUCTION LLC Entity type: Limited Liability Company UBI #: 604-580-253 Business ID: 001 Location ID: 0001 Location: Active Location address: 3925 S 325TH PL FEDERAL WAY WA 98001-9622 Mailing address: 3925 S 325TH PL FEDERAL WAY WA 98001-9622 Excise tax and reseller permit status: Click here Secretary of State status: Click here New search Back to results Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance Federal Way Home Occupation Active Mar -31-2021 Mar -19-2020 Business Governing People May include governing people not registered with Secretary of State Governing people Title BELONENKO, ALEKSANDR PRONIN, ANDREY SHULISHOV, ALEKSEY TATARCHUK, OLEKSANDR TYTARCHUK, ANATOLIY USTENKO,ANDREY Registered Trade Names Registered trade names Status First issued GFM CONSTRUCTION LLC Active Mar -12-2020 mmm#�� hftps://secure.dor.wa.gov/gteunauth/­/#22 1/1