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AG 20-557 - 108 ContractorsRETURN TO: Tim Johnson CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: _!CONOMIC DEVELOPNj9N ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQ.BY. ASAP I 0 PUBLIC WORKS CONTRACT El SMALL OR LIN41TED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT Ei GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDG 1:1 REAL ESTATE Doc NT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE E1 RESOLUTION El CONTRACT AMENDMENT(AG#);__ DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECT NAME: CARES ACT GRANT —ROUND NAME OF CONTRACTOR: 108 CONTRACTORS ADDRESS: 34407 8TH CT SW, FEDERAL WAY, WA 98023 TELEPHONE: (253) 347-7547 E-MAIL: SRrPHA@ICLOUD.COM SIGNATURE NAME: THON SRIFHA TITLE: SEE ACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 11 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 0 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) 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, $ RETAINAGE: RETAINAGE AMOUNT: _ 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAfNAGE BOND PROVRZ 9 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 P 0. DOCUMENT/CONTRACT REVIEW INITIAL Dw.ATE REVIEWED INITIAL / DATE APPROVED El PROJECT MANAGER .I CTO `21'�l — '2 U [I RISKMANAGEMENT (IF APPLICABLE) El LAW NE-S&I MIN w texyj 1101IRM SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: FAMAH *%*] 110 COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: FRXMAK'�_& El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 1:1 CREATE ELECTRONIC REMINDERINOTIFICATION 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 NOT REVIEWED rG " * �'J NATORY (MAYOR OR DIRECTOR) 1� CITY CLERKiz 0 ASSIGNED AG# welaskyjIgIaLm 4 CITY 00 Aw* Fbdeml V��y CrTY HALL 33325 8th Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 st vwv. cityaffederahvalv com CARLA S ACT FUNDS BUSINESS SUPPORT GRANT AGRE EMENT WITH 108CONTRACTORS This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and 108 Contractors, 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: Tlion Sripha 34407 86 Ct SW Federal Way, WA 98023 0 •- WKWA"s 21281111 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 describe4, 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 E] Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CITY OF CITY HALL 33325 8th Aveme I -South Federal Way Federal Way. WA 98003 6325 (2531), 835-7000 mvw cityOffederalmly com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID-19 �i�andemic_ the Cim-a not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non-ApRro-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 Grahtee The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, 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 ex-venses to or bx_mp: and all Tersons or entities. inclu inR without limitatiQn their res_ce tiwk_�, p 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 farther acknowledge that they have mutually negotiated this waiver. etiv 00: 4A F�deral MA C'ITYHALL 33325 8th Avenue South Federal Way, VVA 98003-6325 (253) 835 7000 coin 5.3 C_ � 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 reDresentatives an'sin from, resultini from or con7tected wit'i, Ais 4,gr -e- -1 4 mmeTiit to Vie Yte, it 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 [pterpretation and Modifleatioli. 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 aQi 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 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 an o tion conferred b this A eement in one or more instances shall not be construed to be a waiver 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 is 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 Grant*-. represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This I �11M 1Z �M�L� M CITFederal Way Y OF CITY HALL 33325 8th Avenue South Federal Way, WA 95003-6325 (253) 835-7000 wwvv cityoffederalw(ay corn 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. 108 CTO Y� Tinted e: Title: P 1 + ATE: T — 8/24/2020 eServices Yvlas-llinqton -State. Dapartment of Revenue Services Business Lookup 108 CONTRACTORS License Information, New search Back to results Entity name: LOOKESARN LLC Business name: 108CONT RACTORS Entity type: Limited Liability Company UBI #: 6031423-944 Business ID: 001 Location ID: 0001 Location: Active Location and Mailing 34407 8TH CT SW address: FEDERAL WAY WA 98023-8404 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 Aug -31-2021 Aug -17-2020 Business Governing People May Include governing people not registered with Secretary of State Governing people Title SRIPHA, THON Registered Trade Names Registered trade names Status First issued 108 CONTRACTORS Active Aug -04-2014 $#. Is I it IVITUMS-1 M1, hftps://secure.dor.wa.gov/gteunauth/,/#2 1/1 8/24/2020 Corporations and Charities System Business Name: LOOKESARN LLC UBI Number: 603423944 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 34407 8TH CT SW, FEDERAL WAY, WA, 98023-8404, UNITED STATES Principal Office Mailing Address: 34407 8TH CT SW, FEDERAL WAY, WA, 98023-8404, UNITED STATES Expiration Date: 07/31/2021 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 07/31/2014 Period of Duration: PERPETUAL Inactive Date: Nature of Business: CONSTRUCTION Registered Agent Name: THON SRIPHA Street Address: 34407 8TH CT SW, FEDERAL WAY, WA, 98023-0000, UNITED STATES Mailing Address: 34407 8TH CT SW, FEDERAL WAY, WA, 98023-0000, UNITED STATES ME It "91 a 6 122 to] Entity Name First Name https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1