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AG 20-575 - 5 Star Tile LLCCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQBY' ASAP 111KNOIN 1111#11141 Eel Nki a a am I El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT Ei MAINTENANCE AGREEMENT [I GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES / CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE El RESOLUTION * CONTRACT AMENDMENT(AG#): El INTERLOCAL * OTHER CARESACT FUNDS QAjS1NES S SUPPORT GRANT AGREEMENT . PROJECT NAME:- CARES ACT GRANT- ROUND 2 NAME OF CONTRACTOR: 5STARTILE LLC ADDRESS: 1124 SW 322ND ST, FEDERAL WAY WA 98023-5557 T ELEPHONE: (4259456203 E-MAIL: FIVESTARTILELLC@GMAIL.COM SIGNATURE NAME: ANDREY KUROCHKIN TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: SEE ATTACRE11AGREEMENT COMPLETION DATE: — TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: L1 YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: $__ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND ROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 'Project Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0 ZCTO OJECTMANAGER R El RISKMANAGEMENT (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: got • SENT TO VENDOR/CONTRACTOR DATE SENT: DATERECID: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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 &.616NA17ORY (MAYOR OR DIRECTOR) • CITY CLERK 75 • ASSIGNED AG# AG ,OMMENTS: —2-11ent"I'Ll, 1/2020 CITY OF FO��ral Vft UINJI111-Als-Nul-F WITH 5 STAR TILE LLC CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www, o1yoffederalway com This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and 5 Star Tile 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: ANDREY KUROCHKIN 1124 SW 322nd St FEDERAL WAY, WA 98023-5557 ONOW-11 bKOU1,11MMIN Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time giant 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'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 E] Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses K Experienced 10-50% lost revenue Ej Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT - 1 - CITY OF ,;I Federzi Way c) Insurance d) Utilities e) Marketing f) Payroll CITY HALL 33325 Sth Avenue South Federal We%, 003-63 (253) 835-7000 c tway c mm cityOffedeFalway com 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, th- • - over all disbursed grant funds and terminate this agreement. 4. GRANT AMOUNT. 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/100 Dollars ($1,000.00). 4.2 Non-A-oDromiation 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 Grantee lndeMWft��. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harinless 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 �,erformance of this Agreement, except for that portion of the claims caused by the City's sole negligence. jult determine that this Agreement is sub;ect 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 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 ft.ese covenants of indemnification. 5.2 Industrial Inguratiob A���. 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. 5.3 City Inilemniftation. The City agrees to release, indemnify, defend and hold the Grantee, its CARES ACT BUSINESS GRANT AGREEMENT -2- CITY OF brz Frte} deml Wav,,,,-,,7 CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cRyoffederalwaycorn 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 Interpretation and Modifizatiog. 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 ayrii such other provisions shall remain in fall 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. 6.3 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 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 CARES ACT BUSINESS GRANT AGREEMENT -3- CITY HALL 33325 5th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalmay com 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, By: Printed e: Rom Title:—,,,, DATE: 9 1 Li—�p Washington State Department of Re�vemje Services Business Lookup 5 STAR TILE, LLC License Information: Entity name: 5 STAR TILE, LLC Business name: 5 STAR TILE, LLC Entity type: Limited Liability Company UBI #: 602-716-968 Business ID: 001 Location ID-. 0001 Location: Active Location address: 1124 SW 322N D ST FEDERAL WAY WA 98023-5557 Mailing address: 1124 SW 322ND ST FEDERAL WAY WA 98023-5557 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 General Business Governing People May include governing people not registered with Secretary of State Governing people Title KUROCHKIN, AND New search Back to results Status Expiration date First issuance Active Dec -31-2020 Dec -17-2019