Loading...
AG 20-426 - Premier Auto RemarketingEXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ORIGINATING STAFF PERSON: __ASA joHNsoN EXT: 2412 3. DATE REQ. TYPE OF DOCUMENT (CHECK ONE): x' #' is JU EVT f E. Ci,Z 2, LE • PUBLIC WORKS CONTRACT El SMALL OR LB41TED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDBG ED REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) D ORDINANCE 0 RESOLUTION El CONTRACTA NT (AG):_ oINTERLOCAL X CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECTNAME: CARESACT-Q&,AXC[-7-,RotJNDJ AUTO— I e) U LIM ITED NAME OF CONTRACTOR: PNF AUTO SALES ADDRESS: 32812 PACIFIC HWY S, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 604-5220 E-MAIL: TONYSAF2@GMAIL.com SIGNATURE.NAME: SAFAEIAN SAFAEIAN TITLE: SEE ACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CFRTIFICATE 11 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 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:[] YES XNO IF YES, MAXIMUM DOLLAR AMOUNT' IS SALES TAX OWED EIYES X NO IF YES, BY: El CONTRACTORD CITY RETAINAGE: RETAfNAGE AMOUNT: --El RETArNAGE AGREEMENT (SEE CONTRACT) OR ORETAWAGE BOND PROVIDE 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code # 267662-25M6 I. DOCUMENT/CONTRACT REVIEW D `ROJECT MANAGER W'DIRECTOR. El RISKMANAGEMENT (IFAPPLICABLE) El LAW iwoloiojtzLoj I WIN 2E��� INITIAL / DATE REVIEWED ------------- rNlTLkL 1D E APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATF: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: rejuviuvimum CITY or kideral V%lay CrTY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 mvw, cityoffederalway. 00171 CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH PREMIER AUTO REMARKETING UNLIMITED LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Premier Auto Remarketing Unlimited LLC, a limited liability company ("Grantee"). The City and Grantee (together "Parties") are located and do business at the below addresses which shall be valiIii for any notice required under this Agreement: LW11*W_WAMAX# UNLIMITED LLC: Anthony Safaeian 32812 PACIFIC HWY S FEDERAL WAY, WA 98003 PO BOX 4777 FEDERAL WAY, WA 98063 tonvsaf2(d) onail.com [a] V Was) a a 310 X 1111f.11 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) wde4e, , 4,19 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 11 V 9 1010M• 2.1 Warranties. The Grantee warrants the following, which are pre -requisites for giant 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 responso to the COVID- 19 pandemic; e) 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); f) Grantee's net revenues it not exceed more than $1.5 million per year; g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenu4 Service; h) Due to COVID-19, Grantee business (check all that apply): D< Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses E] Experienced 10-50% lost revenue E] Experienced over 50% lost revenue ary OF 41S� P6deral Way CITY HALL 33325 8th Avenue South Federal Way WA 98003-6325 (253) 835-7000 kmwolyoffedeTalwaycom 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/ 100 Dollars ($ 1,000. 00). 4.2 Non-Apprgpriation 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. MEEMMMUMINAlue go 5.1 Grantee inification. 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 (terformance 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 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 farther acknowledge that they have mutually negotiated this waiver. 106, CITY OF ,pW Federal Way CITY HALL 33325 5th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wn'nv otyOffederalway COM 5.3 (1y Indemnifiggfipp. 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 Interpretation 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 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. 6.2 Enforcement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in fall force and effect. Failure or delagL �fthe �Citp to declare any breach or default immediatelTL4ion occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court �.�:Jt rwz;jih�f r *ate_coui­Lfin na-Counhi,. Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incur -red in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, 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 10/1/2020 Washington State Department of Revenue VVashinqtoti StaLc,., 'Departn)erit of ,event e < Business; I cokup License Information: Entity name: PREMIER AUTO REMARKETING UNLIMITED LLC Business name: PNF AUTO SALES Entity type: Limited Liability Company UBI #.1 603-088-937 Business ID: 001 Location ID: 0001 Location: Active Location ad4rew. 32812 PACIFIC HWY S FEDERAL WAY WA 98003-6408 Mailing address: PO BOX 4777 FEDERAL WAY WA 98063-4777 Excise tax and reseller permit status: Secretary of State status: Endorsements Endorsements h0d at this iocation License 4 Count Federal Way General Business 18 -101944 -00 -BL Motor Vehicle Dealer 08610 2 Governing People fft includff gowning peopk not mgbftmd wfth Scawhuy ofStaft Governing people SAFAEIAN, ANTHONY Click here Click here Detaft Status Active View Plates (*8610) Active TiVe New search Back to results Expiration date, RrNt issuance data Feb -28-2021 May -15-2018 Feb -28-2021 Jul -15-2011 Registered Trade Names Registered trade names Status Rrst &ssued PREMIER AUTO REMARKETING UNLIMITED LLC Active Mar -10-2016 PREMIER AUTOMOTIVE REPAIR Active Feb -03-2017 The Business Lookup information is updated nightly. Search date and time: 10/1/2020 3:22:14 PM hftps://secure.dor.wa.gov/gteunauth/—,/#34 1/2