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AG 20-457 - AA5 Star MovingRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV. -ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 —_ 3. DATE REQ BY., ASAP TYPE OF DOCUMENT (CHECK ONE): 0 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT I] PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G, BOND RELATED DOCUMENTS) 0 ORDINANCE El RESOLUTION El CON TRACTA MENDMENT(AG#):_ 0 INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECTNAME:_ CARES ACT GRANT -ROUND I NAME OF CONTRACTOR: AA5 STAR MOVING SERVICE LLC ADDRESS: 1911 SWC PUS DR, #379, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 602-8120 E-MAIL: AA5STARMOVINGSERVICE@GMAIL.COM SIGNATURENAME: BRowNBRowN TITLE: SEEATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTiFICATE EDALL OTHER REFERENCED EXHIBITS OPROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT- COMPLETION TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $_ IS SALES TAX OWED ED YES X NO IF YES, $__ PAID BY: El CONTRACTOR 11 CITY RETAINAGE: RETAINAGE AMOUNT: _-El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE 0. 1;r i, REVIEW El PROJECT MANAGER El DIRECTOR 0 RISKMANAGEMENT (IFAPPLICABLE) El L.4,W All I INITIAL/ DATE REVIEWED U�!•KWWIVVZESIVZI SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: — DATE REC'D:_ E] 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 SIGNED By LAW 07-28-20 11 SIGNATORY (MAYOR OR DIRECTOR) 0 CITY CLERK Al El ASSIGNED AG # AOS ;O ME This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand AA5 Star Moving Service 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: Sean Brown 1911 SW CAMPUS DR, #379 FEDERAL WAY, WA 98023 (206) 602-8120 (telephone) M Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-632-5 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) Ai•♦ . I 0194_eww •— 1. TERM. This agreement contemplates a one-time grant 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 is not the recipient of other state or federal funding made available as a response to the COVID- 19 pandernic 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): 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: CARES ACT BUSINESS GRANT AGREEMENT - I CITY OF Cl-F'Y HALL A* 33325 8th Avenue South 0 10� 0 Federal Way, WA 98003-6325 4kft1;W_WW Federal Way (253) 835-7000 m,,vw cityoffederalway 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 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. FA # 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 -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. 5.1 Grantee Indemnification. 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 gation expenses to • 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 detennine 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 • indemnifieztion. 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 further acknowledge that they have mutually negotiated this waiver. cury 01 F6deral Woy CITY HALL 33325 8th Avenue South Federal Way,, VVA 98003-6325 (2 a3) 835-7000 mwv cayoffeder-alway can? 5.3 ON Indemnificatibil. 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 rQjresentativca, arising, from-Te..awtivig -%[wxixjw,-cw If-m6k. 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. GENERAL PROVISIONS. 6.1 Inforipreation anit Modifitatio . 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 address set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of t notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any noti so posted in the United States mail shall be deemed received three (3) days after the date of mailing. A 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 option conferred by this Agreement in one or more instances shall not be construed to be a waiv or relin�wuishment of those covgUAaL-2,_ay�eements or oictions and the same shall be effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not wai such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted i accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King Co Washington, unless the parties agree in writing to an alternative process. If the King County Superior Cou does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King Count Washington. Each party consents to the personal jurisdiction of the state and federal courts in King Count Washington and waives any objection that such courts are an inconvenient forum. If either Party brings an claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees a expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any othe recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed t 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 Grantee r,epresents and warrants that such individual is duly authorized to execute and deliver this Agreement. This 4 PTY OF Fbdeml My CITY HALL 33325 Sth Avenue South Federal Way WA 98003-6325 (253) 835-7000 WWW cityoffederalway coo MWI-1 17-271 77,17775er oi col 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 producii 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 is of mutual execution" hereof. IN WJTNESS� the Parties execute thi�s AgNO�oefit below� eMctiye the lost date wififten beloW. CITY OF FEDERAL WAY- ek%1111, Jim Ferrell, Mayor ' VC, I W 44 q DATE:- t151 -2-0-2–C3 AA5 S OV S RVICE< LLC: By:, Printed Name: Title: DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- 7125/2020 Services Business Lookup AA5 STAR MOVING SERVICE LLC eServices License Information: New search Back to results Entity name: AA5 STAR MOVING SERVICE LLC Business name: AA5 STAR MOVING SERVICE LLC Entity type: Limited Liability Company UBI #: 604-516-267 Business ID: 001 Location ID: 0001 Location: Active Location address: 1911 SW CAMPUS DR UNIT 379 FEDERAL WAY WA 98023-6473 Mailing address: 1911 SW CAMPUS DR UNIT 379 FEDERAL WAY WA 98023-6473 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 18 -102976 -00 -BL Active Mar -31-2021 Mar -26-2020 Business Governing People May Include governing people not registered with Secretary of state Governing people Title BROWN, SEAN The Business Lookup information is updated nightly. Search date and time: 7125/2020 4:33:48 PM zzzmmmm� https:Hsecure.dor.wa.gov/gteunauth/­,/#331 III