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AG 20-628 - CB Pro FlooringCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./]E)IV- ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON:JOHNSON EXT: 2412 3. DATE REQBY. ASAP TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT E] SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDBG 0 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT(AG#): D INTERLOCAL * OTHER, CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECT NAME: CARES ACT GRANT - ROUND 2 . . ..... NAME OF CONTRACTOR: CB PRO -FLOORING ADDRESS: 35915 18TH CT SW, FEDERAL WAY WA 98023-7201 T ELEPHONE: (206) 707-2421 E-MAIL: BACio429@GMAIL.COM SIGNATURE NAME: SONIA BACIO TITLE: SEE ATTACHED IF., XHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION El fNSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 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 RFTAINAGE: RETAINAGE AMOUNT: ROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Pro ect Code -9267()02-25060 - DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL1 DATE APPROVED 0 PRO ECT MANAGER [I RISK MANAGEMENT (IF APPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • 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 • LAW DEPARTMENT • A IWIS'ZGNATORY (MAYOR OR DIRECTOR) 11 CITY CLERK 0 ASSIGNED AG# ,OMMENTS: f2d.__ 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and C13 Pro -Flooring, 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: CB PRO -FLOORING, LLC: CITY OF FEDERAL WAY: SONIA BACIO Ade Ariwoola 35 15 18th Ct SW 33325 8th Ave. S. FEDERAL WAY, WA 98023-7201 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (206) 707-2421 (telephone) (253) 835-2509 (facsimile) bacio429(a-),gmaiI.coni ade.ariwo jla(a,cityo�ffeder.com The Parties agree as follows: 1. TERM. This agreement contemplates a one-time grant of Rinds to the Grantee under the conditions �,escribed herein. - - I - K" 1. 2.1 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's business employs no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year-, f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) 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 $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue E] Experienced over 50% lost revenue 2.2 Use of Funds: Grantee of that grant fimds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT 7/2020 Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant ftmds and terminate this agreement. 11 �MIILTANUKIVZ M 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment -ne-iiod- Ae CL17 will 7r*t"IiIe t '_i LI 5.1 Grantee bidomnMcation. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless 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 erformance of this AUeement, except for that j2ortion of the claims caused bv the Citv's sole negligence. Should It - M1 IMMMIRT ffstrIMM1,17M - - , I &M)MORNIMS WHOW11 me conc7MT-7MMT7MT7--= VVI—CCV) !"MITTIM7 ITUFFITLIFUT RI N - r 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 Grante,# waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW� soleli for the wrooses of this indemnification. Grantee's indemnification shall not be limited in anv "a b i an MILULIM111 4,11 UIC U1111FUIL III &:4LIIdgCN, c3inpEnsatiolo-317 67MMYLY-)Til 0 LO *r UYMY LUX& PZU-L:T MIXI 7111 1 compensation acts, disability benefit acts or any other benefits acts or programs. The Parties ftirther acknowledge that they have mutually negotiated this waiver. CITY OF OW HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederalway rorn 5.3 tity Mempilloatiog. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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. 21100MIM"t .11 a 2 R-412 F%*1 1112 -1-11, — I ............. . .... I .... J., 6.1 ItAftr"bri and Modifibation. 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 il 'Ij J jijjej 1i t iii tei ji Yk dee-ited rij �iii 1i Jig _11 jh4 __1iveJJ a _yr*V11k-CL Ivr mutcr Lllc—ccrills wl- L111LSftgYCC111C11L—&-UC 111VL 11ILCIMM-11F UC; CALA"IVC, OLL miull VC-WJn1J-1UUTCTT1Ui m�- 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 bv this Aweement in one or more instances shall not be construed to be a waiver or relinauishment of 0"Ir W"M 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 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 *tina tQ-�?n alternative Qrocess. If the Kin Countv Su-oerior Court does not have jurisdiction over such t' iFil LuLs'eigi each Party shall pay all its legal costs and attorney's fees 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 nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 CITY or 4M� Federa. I Way CITY HALL 33325 81h Avenue South Federal Way, VVA90003-63' 2 5 (253) 63,54000 wvsvw vakrNedelahvey com 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 Agreement may Y^` 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 iag". UMLta��!wglf * CAMMLOTMd- T*qj 114 1 L41 'A UMU-111 Ps I Ito] [«f a MtN I Ili,) a (419 (41 wag. a rMjr17=- Y - =u ,=M 0 =—"T-5FVTfl1L 117,r'l 710-1 the "date of mutual executiorf' hereoE IN WITNESS, the Parties execute this Agreement below, effective the last date written below. DATE: X -f Printed Name. - Title: DATE: _--JJDJ CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 ATTENTIOWThis service will be unavailable from Saturday, Sept, 12 at 8:00 a.m. to Tuesday, Sept, 15 at 3:00 a,rn, PT as we make improvements, W3shina"on St3t_p Department OF Revenue Services Business Lookup CB PRO -FLOORING License Information: Entity name: CB PRO -FLOORING, LLC Business name: CB PRO -FLOORING Entity type: Limited Liability Company UBI #: 604-063-315 Business ID: 001 Location ID: 0001 Location: Active Location address: 35915 18TH CT SW FEDERAL WAY WA 98023-7201 Mailing address: 35915 18TH CT SW FEDERAL WAY WA 98023-7201 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 BACIO, CAR BACIO, SOIA Registered trade names CB PRO-FLOOWIIJG E New search Back to results WEVIMMAM https:flsecure.dor.wa.gov/gteunauth/­,/#24 111