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AG 20-413 - Payless TowingEXT: 2412 ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: I TIM JOHNSON EXT: 2412 1 DATE REQ.BY: ASAP TYPE OF DOCUMENT (CHECK ONE): 11 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFT, RFQ) El PUBLIC WORKS CONTRACT 13 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOC NTS) El ORDINANCE 1:1 RESOLUTION Ei CONTRACT AMENDMENT (AG#):_ El INTERLOCAL X OTHER CARES ACT FUNDS III ISINESS 91 JPPORT GR ANT AGR rFMFNT . PROJECT NAME:— CARES ACT GRANT -ROUND I NAME OF CONTRACTOR: PAYLESS TOWING & RECOVERY ADDRESS: 33226 PACIFIC HWY S, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 592-2475 E-MAIL: PAYLESSTOWINGFW@GMAIL.COM SIGNATURE NAME: LAURINE TITLE: SEE ATTACHED EMNIZITS AND ATTACHMENTS: [I SCOPE, WORK OR SERVICESE] COMPENSATIQN EIINSUPANCEREQUIREi,4ENTS/CERTIFICATE []ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN L1 REQUIRED LICENSES E]PRIORCONTRACT/AlMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1,000:00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 11 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES,$ PAID BY: El CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: m r—'] RETAINAGE AGREEMENT (SEE CONTRACT) OR E:i RETAINAGE BOND PROVIDE El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code # 267662-25060® 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL1 DATE APPROVED El PROJECT MANAGER El DIRECTOR "<Z El RISKMANAGEMENT (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMIT= APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:—,—, 0 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 C1 LAW DEPARTMENT SIGNED By LAW 07-28-20 • SIGNATORY (MAYOR OR DIRECTOR) • CITY CLERK • ASSIGNED AG# 1/2020 A CITY OF Fblderal y CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cifyoffederalway coin CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH PAYLESS TOWING & RECOVERY This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Cheap Tow 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: L Laurine 31811 PACIFIC#13282 FEDERAL WAY, WA 98003 (206) 592-2475 (telephone) 0 a ,&Ai, �AIAOUJIUAf Ade Ariwoola 33325 8th Ave. S. Federal Way. WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) , LQ&i&djjj-, "itz, kmgmLoatl 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITION'S 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 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 Was forced to lay off employees due to reduced patronage Incurred over $1,000 in CI -19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue gjp!��1111 CITY OF CITY HALL 33325 Sth Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 m1w cityOffederalway com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non-A-Ppro riation 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 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 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 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 Industrial ffiSUrancd Act Wai�q. 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. CITY OF F&deral My CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mvw cityoffederalway. com 5.3 City kdeffibificAtion. 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 hildroittation and Modification. 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 declaret' invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof ani 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. nt OR T- in, 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantei represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This lay F;6deral ! Y CITY HALL 33325 Sth Avenue South Federal inlay, SIA 95003-5325 (253) 535-7000 www- cit ffederalwaycoin 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 docurnent. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only . necessary .,...... • 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. CITY OF FEDERAL AY: Jin),,F' ell, iay�oir ATE: r. % is 1 •♦ ■ 7/25/2020 eServices Services Business Lookup PAYLESS TOWING & RECOVERY License Information: New search Back to results Entity name: CHEAP TOW LLC Business name: PAYLESS TOWING & RECOVERY Entity type: Limited Liability Company UBI #: 603-268-970 Business ID: 001 Location ID: 0001 Location: Active Location address: 33905 PACIFIC HWY S FEDERAL WAY WA 98003-6812 Mailing address: 31811 PACIFIC HWY S # B282 FEDERAL WAY WA 98003-4233 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 General Business 14 -102048 -00 -BL Active Jan -31-2021 May -08-2014 Registered Tow Truck Operator 05584 View Plates Active Jan -31-2021 Jun -12-2014 Tukwila General Business - Non- Active Jan -31-2021 Mar -27-2019 Resident Vehicle Transporter 07852 4 View Plates (#7852) Active Jan -31-2021 May -07-2014 Governing People may include governing people not registered with Secretary of State Governing lct,ople Title LAURINE, L Registered Trade Names Registered trade names Status First issued CHEAP TOW Active Oct -07-2013 PAYLESS TOWING & RECOVERY Active Apr -21-2014 PAYLESS TOWING & TRANSPORT Active Apr -211-2014 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 3:47:53 PM hUps://secure.dor.wa.gov/gteunauth/_/#153