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AG 20-666 - Emmanuel Home ServicesCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM *RIGINATING DEPT./DIV. __.ECOT�OMIC DEVELOPM9.NT�_ . ORIGINATING STAFF PERSON:. TIM JOHNSON EXT: 2412 3. DATEREQ.BY.- ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFT, RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT Ei GOODS AND SERVICE AGREEMENT o HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CONTRACTA NT (AG#):DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECT E: CARES ACT GRANT— ROUND 2 — NAME OF CONTRACTOR: EMMANUEL HOME SERVICES 1,441 ADDRESS: POBOX 4141,FEDFRALWAY WA98003-6384 T ELEPHONE: (253) 250-3167 E-MAIL: MIKE@EMMANUELHOMESERVICES.COM SIGNATURE NAME: MICHAEL NEWITT TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: L1 SCOPE, WORK OR SERVICES 0 COMPENSATION 1:1 INSURANCE REQUIREMENTS/CERTIFICATE 0 A OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS i I 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 D YES X NO IF YES, $_ PAID BY: El CONTRACTORD CITY RETAINAGE: RETAINAGE AmoUNT: Ell RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Prpject Code #267662-2506 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0 P. OJECT MANAGER — '� IRECTO R El RISKMANAGE MENT (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 11 SENT TO VENDOWCONTRACTO R DATE SENT: DATE C'D: El 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 t LW%6NATORY (MAYOR OR DIRECTOR) El CITY CLERK 0 ASSIGNED AG# A G# 'OMMENTS: 1/2020 CITY OF CITY HALL 33325 Sth Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffedeTalway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH EMMANUEL HOME SERVICES LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand Emmanuel Home Services 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: I old 1UV 1FAffl] 01 a 8 1 1 1 MICHAEL NEWITT Ade Ariwoola 930 S 336th St # B, Federal Way, WA 98063 33325 8th Ave. S. Mailing address: PO Box 4141, Federal Way, WA 98003-6325 Federal Way, WA 98063 (253) 835-2414 (telephone) (253) 250-3167 (telephone) (253) 835-2509 (facsimile) mike n1d), emj!m�anue�lhomeservice s. com. ade.ariwoola@,cityoffederalway.com 122 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described 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'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): Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT - 1 - CITY OF CFT-Y HALL 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 mwv cf tyoffederalway corn c) Insurance • Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed • Thousand and NO/ 100 Dollars ($ 1,000. 00). 4.2 Non -Appropriation 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. MENEREAUM111 I wgl 5.1 QjraritW� milleatibn. 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 • 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 finther acknowledge that they have mutually negotiated this waiver. 5.3 CilyIndemnificafion. The City agrees to release, indemnify, defend and hold the Grantee, its CARES ACT BUSINESS GRANT AGREEMENT -2- CITY Of F�deral Way CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wmv cityoffederalway. com 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 extenj 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 !!Lt=�qfibA and Modificatigin. 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. I W, Ows" It 11 #,2 tea I I to V.) 1 -0 10 1 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 CARES ACT BUSINESS GRANT AGREEMENT - 3 - CITY OF A F6deral My CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvwciryoffederal"fay com 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. EMMANUEL HO MIVEI'SERVICES-1.14�,: By: it Printed Name: I ez-e Title: Mem DATE: 2 6- A ", Nil �11 1 �-ILI + !� 9/18/2020 Washington State Department of Revenue A Business Lookup Entity name. EMMANUEL HOME SERVICES LLC Business name: EMMANUEL HOME SERVICES Entity type: Limited Liability Company 0131 #.- 604-317-644 Business ID- 001 Location ID: 0001 Location: Active Location address; 930 S 336TH ST 09090 STE B FEDERAL WAY WA 98003-6394 PO BOX 4141 FEDERAL WAY WA 98063-4141 Excise tax and Ireseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements heid at this location License # Count Federal Way General Business 18 -105959 -00 -BL Issaquah General Business - Non -Resident Tukwila General Business - Non - Resident Governing People M., lndudap­&6 g p"pie me mghftd th S.W.,y.f5s0ft Governing people NEWRT, MICHAEL EM New search Back to results Status Expiration date First issuance dal Active Aug -31-2021 Dec -28-2018 Active Aug -31-2021 Feb -11-2019 Active Oct -31-2020 Oct -09-2019 Registered trade names Status EMMANUEL HOME SERVICES Active The Business Lookup information is updated nightly. Search date and time: 9/18/202010:31:49 AM https://secure.dor.wa.gov/gteunauth/—,/#7 First issued Sep -05-2018 112