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AG 20-827 - Tile for Less NW LLCCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM______ ORIGINATING DEPT./DIV: --ECONOMIC DEVELOPMENT III ORIGINATING STAFF PERSON: 'i TIM JOHNSON EXT: 2412 3. DATE REQ. BY.__AsAp_,_,, 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT Ei GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDG 0 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) [I ORDINANCE El RESOLUTION o CONTRACT AMENDMENT(AG#):_ El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT E: CARES ACT GRANT —ROUND 6. NAME OF CONTRACTOR: TILE FOR LESS ADDRESS: 2440 1 STAVES, FEDERAL WAY WA 98003-6852 T ELEPHONE: (253) 315-0137 E-MAIL: KEVIN@TILEFORLESSNW.COM SIGNATURE NAME: KEVIN AAKER TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS I.-IIIIIIIIIIIIIIFM-, IJKO[1111'�1111I III li N1111 11110JUNNEDY.141 M. -I -01 I_ t 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE'1110USAND AND 0) 00 00 )0 (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES A - ND HbEfb�.W-�) REIMBURSABLE EXPENSE: 1:1 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED 1:1 YES X NO IF YES, $ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: EJ RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED D PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Prp ect Codq #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED E-1 PR ECT MANAGER EaXPTR�E�CTO R El RISK MANAGEMENT (IFAPPLICABLE) El LAW 11. COUNC EL APPROVAL (IF APPLICABLE) SCHEDULED COMAETTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: IWAK40191 11 lkf4xsj W3 UOJZKN�' �$1 71 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: — El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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.) mITINITIAL / DATE SIGNED [I LAW DEPARTMENT M 1 N" F U,�RJZNKFORY (MAYOR OR DIRECTOR) El CITY CLERK D. W7 El .4 ASSIGNED AG# AAG# COMMENTS: 1/2020 C17Y HALL 33325 81h Avenue South Federa Way, YvA 98003-6325 Federal Way (253) 835-700D VVITH TILE FOR LESS NW LLC 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions fescribed Kerein. 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 (l 0) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues is 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 COVED -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 COVIID-19 related expenses Experienced 10-50% lost revenue E] Experienced over 50% lost revenue ANMTV or s�,' Federal Way UTY HALL 33325 8th Avenue Scuth Feder W Way, INA 98003-6325 (253) 835-7000 wim cifyoffederaWaVcom 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 c) Insurance d) 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. IERMINATION. Should any of the conditions described in section 2.1 above, not be m e C et, th ity nay recover all disbursed grant funds and terminate this agreement. not to exceed One Thousand and NO/100 Dollars ($1,000.00). 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for paymcnt under this Agreement for any fi"-p-en"od, the City will not be obligated to make payments -under this agreement. 5. INDEM_NTFICATION. 5.1 The Grantee agrees to release indemnify, defend, and hold the City, elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, jud awards, �Nuries, darn&es, liabilities, taxes, losses, fines fees penalties ses attornel's costs- amn licensees, or representatives, arising from, resulting from, or in connection with this Agreement or enc performance of this Agreement, except for that portion of the claims caused by the City's sole neglig c f 014isF-- . - I - . i. %-, * i T A IN , I Arowl. tMV&Q'1Y— these covenants of indemnification. 1111 111 164,11,111MMIN "All ir workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties Ruther acknowledge that they have mutually negotiated this waiver. �2-1 �kjl ZM OW.Nril-V 0� Federal Way -,� CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www CiAoffedwakNay COM 5.3 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 it exDcmes to or bi anj and, all em�as or entities in din suni # 4 ONION 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 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 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. Ft!11 1�Vjy, k -J VVJ J_iv tvv so posted in the United States mail shall be deemed received three (3) days after the date of mailing. remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City insist upon strict performance of any of the covenants and agreements contained in this Agreement, or exercise any o2fion confe.-cV. b% ffis A 14M(werd kr, Ortii Wir# Q MAN, i _XM1V1V&&1TJ_rT1 A J 1 *f 1 (61 1 lit I'tes Tit kZve j7LI-4ficX4.7- +vW �-ICY,2 D2i� tkpx swt 2VZY Y'l, Rlat ia Z.1y*'Qkk a7lim. (ev)eA i -_r F;&v6 camltli Washington. Each party consents to the personal jurisdiction of the state and federal courts in King Co Washington and waives any objection that such courts are an inconvenient fortan. If either Party brings an claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees exj[enses incurred in defend= or brinj"'n such claim or lawsuitAnchi&O'g recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit Parties' rights to indemnification under Section 5 of this Agreement. I 6.3 Executio . 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 coly CITY HALL 33325 itis Avenue South Federal Way Federal Way, WA 98003-6325 (253) 83-5-7000 6VWW c, ty " Modo Mtrva)� Cum 161 fM M4. Fr1ro 5071c MICUL as ii au rara nerefo naa S1gnU1LJ74--1e same u5curnent. M TUZI—ic—ou—nffm—p—arts snallijw—csinouM 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. ',J�.j 111111111111 IN I r 1: /I DAI 15 ---- 06) TILE FOR LESS NW LLQ, By - Printed e*, Title: Ct )64A" 'I DATE: 01,1z. 10/5/2020 Washington State Department of Revenue V,iashmciton Sta-Le Depai-ti-neat of Revenue < Business Lookup License Information: New search Back to results Entity name: TILE FOR LESS NW, LLC Business name: TILE FOR LESS NW Entity type: Limited Liability Company UBI #- 603-606-539 Business ID: 001 Location ID: 0002 Location. Active Location address: 1610 S 344TH ST FEDERAL WAY WA 98003-6852 Mailing address: 2440 1ST AVE S SEATTLE WA 98134-1422 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location Uce,,-,,!wA1 Count Details statu."; Expiration date First 6suance dat Federal Way General Business 18 -103961 -00 -BL Active Apr -30-2021 Aug -29-2018 Governing People My L.&W..9owning pwiple nut regbtemd wfth Sacmhuy afState Governing people Title AAKER, KEVIN GARG, HEMANT Registered Trade Names Registered trade names Status First issued TILE FOR LESS Active May -16-2016 TILE FOR LESS NW Active May -16-2016 Mew Additional Locations The Business Lookup information is updated nightly. Search date and time: 10/5/202011:06:37 AM hftps://secure.dor.wa.gov/gteunauth/­,/#9 1/2 BUSINESS LICENSE hma CkAec May 15.2020 STATE Of Urged BuShUM ID P 603606539 WASHINOTON 1 Llmltad Liability TILE FOR LESS NW, LLC Expirew., 2021 TILE FOR LESS NW 1610 S 344TH ST FEDERAL Ye WA 98003-6852 ► # 1 T�%►viAn TILE FOR LESS NW ThIsdocumentlists the endorsements,n_.: o rbusiness a named above. Mthisdocument, p 4OOn 1* 0MUcadOn' e con4flets, true, and amurale to the best of his or her ). and that business be conductw1. in compliance7 OR OPPIcablen state, County,• oa: Diredar,Department