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AG 20-423 - Polen Property, LV I TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV:, ECONOMIC .DF-Vf.-'.I..OPMEN'r 2. ORIGINATING STAFF PERSON: _119 JOHNSO _ EXT: 2412 3. DATE REQBY. ASAP 4. TYPE OF DOCUMENT (CHECK ONE): o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT 11 HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE 0 RESOLUTION El CONTRACTA T (AG#):___ 0 INTERLOCAL X OTHER CARES ACT FUNDS BtjSTNES$ SUPPORT GRANT AGREEMENT 5. PROJECTNAME:_ CARES ACT GRANT —RC (JND I 6. NAME OF CONTRACTOR: POL EN PROPERTY SERVICES ADDRESS: 4104 SW 327TH PL, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 681-0015 E-MAIL: ANGELICA@POLENPROPERTYSERVICES.COM SIGNATURE NAME: ANGELICA JUAREZ TITLE: SEE ATTACHED 7. EXH113ITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXH113ITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: —SEE ��xmcHED AGREEMENT — COMPLETION DATE: 9. TOTAL CO ESTI (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NO/100 ($2,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLEE S: Ei YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ — IS SALES TAX OWED OYES X NO IF YES, $ v_rPAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR D RETAINAGE BOND PROVIDED 11 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Proiect Code ft 267662-25060 . .... — ------ 10. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED 0 PROJECT MANAGER1. 1/ / De&RECTOR El RISK MANAGEMENT (IF APPLICABLE) El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONMTTEE DATE: CONi[VUTTEE APPRovAL DATE: SCHEDULED COUNCIL DATE: CouNcu, APPRovAL DATE: 411112 Q I *ikLIIAI-sl mg=►� 11 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 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.) INITLAJ, / DATE SIGNED 0 LAW DEPARTMENT x Sf t -.A- 1W. k�- *-' 1'cr' L - f -, `6�_i El CITY CLERK El ASSIGNED AG# 1/2020 CITY or FOderat My CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederalway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH POLEN PROPERTY SERVICES This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Polen Property 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 I otice required under this Agreement: POLEN PROPERTY SERVICES: CITY OF FEDERAL WAY: Angelica Juarez 4104 SW 327TH PL FEDERAL WAY, WA 98023 (206) 681-0015 (telephone) Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-63231 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 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 gralit' 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 pandemic 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 Ej 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 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way WA 98003-6325 (253) 835-7000 my w_ dtyoffe.derahyqv coo 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. 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 Two Thousand and NO/I 00 Dollars ($2,000.00). 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. INDEMNIFICATIO13 5.1 Grantee IndenitiAcygon. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, 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 perfonnance 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 indemnificatifft,. 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. 4, CITY OF CI HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederalway coo 5.3 City hidkina-- 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 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 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 arpt 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. 97-K%J W11-7Jrg VAVJ M I I UMM IVA RON@ FAL"r, I M4 VT-".1L-,TrRT-LUiiig al I recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to 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 represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This CARES ACT BUSINESS GRANT AGREEMENT - 3 . F�detal Afty CITY OF CFTY HALL 33325 3th Avenue South Federal Way, WA 98003-6325 (353) 335-7000 we ar cityoffederalway corn 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 together and shall constitute one instrument, but in making proof hereof it shall only be necessary to producn. 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 y • acknowledgment pages. The iri• upon which the lastof all of Parties have executed g 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. — 24ny Iiz°t Ferrell, Mayor ATE: OL PROPERTY .YI"E: y Printed Name: Title. ATE: o? 't"ma— CARES •GRANT 7/25/2020 eServices Services Business Lookup POLEN PROPERTY SERVICES License Information: New search Back to results Entity name: POLEN PROPERTY SERVICES LLC Business name: BOLEN PROPERTY SERVICES Entity type: Limited Liability Company IJBI #: 604-263-680 Business ID: 001 Location ID: 0001 Location: Active Location address: 4104 SW 327TH PL Jan -31-2021 FEDERAL WAY WA 98023-2651 Mailing address: 4104 SW 327TH PL FEDERAL WAY WA 98023-2651 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 Burien General Business - Non- Active Jun -30-2021 Jun -16-2020 Resident Federal Way Home Occupation Active Jan -31-2021 Jan -13-2020 Business Kirkland General Business - Non- Active Jan -31-2021 Jan -12-2020 Resident Newcastle Home Occupation Active Mar -31-2021 Apr -13-2018 Business Governing People May include governing people not registered with Secretary of State Governing people Title JUAREZ, ANGELICA PESSANHA, ALVARO Registered Trade Names Registered trade names Status First issued POLEN PROPERTY SERVICES Active Apr -09-2018 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 3:55:08 PM Working together to fund Washington's future https://secure.dor.wa.gov/gteunauth/_/#186 1/1