AG 20-461 - Payless Real EstateCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT/DIV: ECONOMIC DEVELOPMENT
....... ...
ORIGINATING STAFF PERSON u TPA JOHNSON EXT: 2412 3. DATE REQ. BY: ASAP
TYPE OF DOCUMENT (CHECK ONE):
--FJF
Ei PUBLIC WORKS CONTRACT 11 SMALL OR LIMITED PUBLIC WORKS CONTRACT
0 PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
11 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDG
Cl REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS)
0 ORDINANCE 0 RESOLUTION
El CONTRACT AMENDMENT (AG#):_ 0 INTERLOCAL
X OTHER CARES ACT FUNDS B LIS IN ESS SUPPORT GRANT AGREEMENT
PROJECT NAME: CARES ACT GRANT — ROUND I
NAME OF CONTRACTOR: PAYLESS REAL ESTATE
ADDRESS: 31811 PACIFIC HVVY S, #B282, FEDERAL WAY, WA, 98003 TELEPHONE: 253-948-2211
E-MAIL: PAYLESSREALESTATE@YAHOO.COM
SIGNATURE NAME: HELMS HELMS TITLE: SEEATTACHED
EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE [I ALL
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN Ll REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: SEE
—�t- AiTAcHEDAcR 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:0 YES XNO IF YES, MAXI]MUM DOLLAR AMOUNT. $_
IS SALES TAX OWED C] YES X NO IF YES, PAID BY`0 CONTRACTORD CITY
RETAINAGE: RETAINAGEAmOUNT. _11 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
El PURCHASING: PLEASE CHARGE TO: - ,901 - IJ -5 Project Code # MUO �
Ali ••1 060
0. DOCIlIMLENT/CONTRACT REVIE
=0 P OJECT MANAGER
ffl CTOR
• RISK MANAGEMENT (TFAPPLICA,31
• LAW
INITIAL/ DAI"E REVLEWED
INITIAL /DATE APPROVED
-2
SCHEDULED COMMITTEE DATE: Commn-i-EE APPROVAL DATE:
SCHEDULED CouNca, DATE: COUNCIL APPROVAL DATE:
1/2020
Fe d e ra I Wa. y
vow
VIFY HAU -
333125 gih! Avenue "Ih
Federal WA,,, 9810,10,31 632't,,
2 8 3 5
CARES ACT FUNDS BUSINESS SUPPOWT GWRANT AGREEMENT
WITH
PAYLESS REAL ESTATE, LLC
This Grwit AgTeenient ("Agreement") is made between the City of Federal Way, a Washington municipal
coilmration ("City"), and Payless Real Estate, LLC, a limited liab0itv company ("Gnantee"),'Hic City and
6'ramee (together "Parfies") are located and do business at the beovv, addres!�es whichsluall be valid lbr any
notice required under this Agreement:
M
ATE, LLC: I CITY OF FEDERAL WAY:
Shirla Helms
31811 PACIFIC HWY S, #13282
FEDERj%L WAY, WA 98003
253-948-2211 (telephone)
pkylessrealestate@yahoo.com
The Parties agree as follows:
Ade Ariwoola
33325 8th Ave. S.
Federal Way, WA 98003463325
(2533) 835-2520 (tclephorie)
(253) 835-2509 (facsimile)
ade.ariwoola(o,)cityoffederalw,iy.com
1. TERM. This agreement contemplates a one-time grant of funds to the GTantee, under the conditions
described herein.
2. CONDITIONS OF C',RANT
2.1 Warranties. T Grantee warrants the following, which are pre -requisites for- grant eligibility:
zk) 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 ficense-1
C) Grantee has paid all tames and goveninient fees due up to the date of execution of this
grant agreement',
d) Grantee is not the recipient of'sober state or federal funding made available as a response
to the COVID- 19 pandemic;
e) Grantee's business employees no inore than the equivalent of ten (10) full-time
employees (20,800 man-hours total for all employees PCT year);
f) Grantee's net revenues do not exceed more than S 1:5 million per year
17
g) Gnuitee does not operate as a tax-exempt business a, de ined by the Inte.mal Revenue
Service'.
h) Due to COVID- 19, Grantee business (check all that apply);
Was required bystatc or local order to close
Was forced. to lay Of employees due to reduced patronage
Incurred oven S 1,000 in COVID- 19 related expenses
F] Experienced 10-50% lost revenue
[M ExIx-rienced over 50% lost revenue
2.2 Use y1und1 Grantee affirnis that grant funds will be used for the following purposes:
CARES ACTBUSINESS GRANTAGREEMENT
any Mortgage or Rent
Grantee alpves to retain receipts doctarrrenting; use of grant funds and will provide thern to the City oT its
designee upon request.
. 11, RMI, TATION Should miy ofthe conditions described in section 2.1, above, not be met, the City
may recover all disbursed grant fttatds and to irate this agreement.
4. i-111NIVIR
4A Amount. In order to promote healthy ecranon is activity in the City d in response to the losses
Grantee has incurred dace to the C OVID-19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/l 00 Dollars (S 1.a000.00)m
4.2 tJ�r�aTM# MI[Mi ti n of Fun s. If sufficient funds are riot appropriated or allocated for payment
sunder this AgTeernent. for any fiscal period., the City will not be obligated to make payments wider this
agreement.
5. INDEMNIFICA'110N.
5,1" Oratrtt laralt ratrr�� cfigtfa The Grantee agrees to release index ti y, defend, id hold he City, its
elected officials, officers, ernployees, agents, representatives, insurer attorneys, and volunteers barinless foln
stay acrd all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, taxes, losses, hates, fees, penalties expenses, attorney's fees, costs, and/or
fitigaation expenses to or by any and all persons or entities, inclaading, ,s ithotat linutation, 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 Ag reemcni is sukiect. to RCW 4.24.115, their, in the:
event of liability for damages arising out of bodily injury to persons or diunaa es to property caused by or
resulting from the concurrent negligence of the Grantee artd the City, the Grantee's liability hereunder shall be
only to the extent of the Grantee's negligence, GTantee shall ensure Haat each sub -Grantee shall agree to defend
and indemnify the City, its elected officials, officers, eastployee , agents, representatives, insurers, atto eys, and
volunteers to the extent and can the same terms and conditions as the Grantee pursuant to this paragraph. The
City's inspection or acceptaaaee of any of Grantee's work when completed shall not be grounds to avoid any of
theses 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 sander the Washington State industrial insurance act, Title 51
RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not he linfited in any way
by any limitation on the amount of damages,_compensation or benefits payable to or by any third juirty carder
workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Panties ffirther
acknowledge that they have mutually negotiated this waiver.
CARFS ACTBUSINESS GRAN.l° C.l€tf 1b'TENT
'a tea'
CITY HALL
.+, 5 8th Avenue Guth
S �u S,.4l atim,
12 53) B35-700,0",
any Mortgage or Rent
Grantee alpves to retain receipts doctarrrenting; use of grant funds and will provide thern to the City oT its
designee upon request.
. 11, RMI, TATION Should miy ofthe conditions described in section 2.1, above, not be met, the City
may recover all disbursed grant fttatds and to irate this agreement.
4. i-111NIVIR
4A Amount. In order to promote healthy ecranon is activity in the City d in response to the losses
Grantee has incurred dace to the C OVID-19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/l 00 Dollars (S 1.a000.00)m
4.2 tJ�r�aTM# MI[Mi ti n of Fun s. If sufficient funds are riot appropriated or allocated for payment
sunder this AgTeernent. for any fiscal period., the City will not be obligated to make payments wider this
agreement.
5. INDEMNIFICA'110N.
5,1" Oratrtt laralt ratrr�� cfigtfa The Grantee agrees to release index ti y, defend, id hold he City, its
elected officials, officers, ernployees, agents, representatives, insurer attorneys, and volunteers barinless foln
stay acrd all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, taxes, losses, hates, fees, penalties expenses, attorney's fees, costs, and/or
fitigaation expenses to or by any and all persons or entities, inclaading, ,s ithotat linutation, 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 Ag reemcni is sukiect. to RCW 4.24.115, their, in the:
event of liability for damages arising out of bodily injury to persons or diunaa es to property caused by or
resulting from the concurrent negligence of the Grantee artd the City, the Grantee's liability hereunder shall be
only to the extent of the Grantee's negligence, GTantee shall ensure Haat each sub -Grantee shall agree to defend
and indemnify the City, its elected officials, officers, eastployee , agents, representatives, insurers, atto eys, and
volunteers to the extent and can the same terms and conditions as the Grantee pursuant to this paragraph. The
City's inspection or acceptaaaee of any of Grantee's work when completed shall not be grounds to avoid any of
theses 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 sander the Washington State industrial insurance act, Title 51
RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not he linfited in any way
by any limitation on the amount of damages,_compensation or benefits payable to or by any third juirty carder
workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Panties ffirther
acknowledge that they have mutually negotiated this waiver.
CARFS ACTBUSINESS GRAN.l° C.l€tf 1b'TENT
U0 Y Of
Federal Way
4"IM''"�" 'a,�o:,cr:zw""'�
i L
333 r ,qui nue
Fech%afar V A
tR35-7000
51.E ipy rtatctnntnatlavrptslrlw The City agrees to release, indemnify, defend and hold the Grantee, its
officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from
anv ,nand all claims, demands, actions, snits, curses of action, arbitrations, mediations, proceedings, judgrinents,
awards, irpjuries, damages, liatbilities, losses, fines, tees, penalties expenses, artomey'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 accts, errors, or o¢nnissions of'the City.
5A Survival. The, provisions of this Section shall sury=ive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or to nniination.
6A IThis Agreement contains all of the agreements Ofthe Parties
with respect to any matter covered or mentioned in this Agreacnnnent arid no prior staatc ynennts or aagreemenatt,
whether oral or written, shall be effective for any purpose, Any provision of this Agreement e nt: that is declared
invalid, inoperative, stall and void, or illegal shall in no way affect t or invalidate any anther provision E3crVol' and
such Cather provisions shall remain in full force and effect. No provision of this 'gip reert'ucrnt, including this
provision, may be amended, waived, or modified except by written agreement sigaacd by duly authorized
represenUtives of the Parties,
C.d E- aafl'aap°eu nnnu rata Any notices required to be given by, the Parries 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 pn°ovided for tinder the teens 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 perfo aance of any of the covenants and agreements contained in this ;Agreement, aa], to
exercise: any option conferred by this Agreement in one or more instances shall not he construed to be a waiver
or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and
cl'('cct. Failure or delay ani" the C sty to declare any breach or default irrnrrnc iaately upon occurre. nec shall not wawa,
such breach or default.. failure of the C;it.y to declare one breach or default docs not act as a waiver of the. City's
right to declare arnothcr breach or default. This Agreement shall the made in, governed by; and interpreted in
accordance with the 6avvgs 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 wait under the venue, rules and jurisdiction of the King Count), Superior Court, King County,
Washington, u ni ss the parties agree in writing to an a.lte ative process. If the King County Superior Cowart
does not, have jurisdiction over such <a suit, theca stmt may be filed in any other appropriate court in King County,
Washington. Each parity consents to the personal jurisdiction of the state and federal courts in King County,
Washington and waives ,,ury abjection that such courts are an inconvenient fortun._If either Party brings any
claim or lawsunat arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and
expanses incurred 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 unlit the
Parties' rights to indemnification under Section S of this Agn°ee ent.
63 E_, peraption.
: 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
Agreement may he executed in any number of counterparts, each of which small be deemed an original a:anal with
CARES ACT BUSTNESS GRANT AGREEMENT 3.w,
"Iry m- CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
Z!,,,,Federal Way
(253: e3fN-70(10
the same effect as if all Parties hereto had signed the same document. All such counterparts shall be constru
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to pr "
one such counterpart. The signature and acknowledgment pages from such counterparts may bemb
asse ul
l
rn
together to form a single instrument comprised of all pages of this Agreement and a complete set 'of
I
signature and acknowledgment pages. The date upon which the last of all of the Parties have executed
counterpart of this Agreement shall be the "date of mutual execution" hereof
I
N WITNESS, the Parties execute this Agreement below, effective the last date written below.
EMNAMEHIMM
DATE,
CARES ACT BUSINESS GRANT AGREEMENT -4-
t L L 11 1
31a;,k,,, D,,,,�pairtnneot ),F
Buisinetss a okup REAL
License Information:
Entity name:
SELL 4 LESS REALTY, LLC
Business name:
PAYLESS REAL ESTATE
Entity type:
Limited Liability Company
UI #:
603-371-064
Business ID:
001
Location ID:
0002
Location:
Active
Location address:
33226 PACIFIC HWY S
FEDERAL WAY WA 98003-6438
Mailing address:
31811 PACIFIC HWY S, 8282
FEDERAL WAY WA 98003
Excise tax and reseller
permit status: Click here
Secretary of State status: Click here
Endorsements
Endorsements held at this location License # Count Details
Federal Way General Business
Governing People may include governing people not registered with Secretary ol'State
Governing people Title
HELMS, SHIRLA
Registered trade names
PAYLESS REAL ESTATE
-0
Status Expiration date
Active Jan -31-2021
View Additional Locations
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