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AG 20-564 - Kreger PropertiesCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM L i\:I V fel"134 owl i s ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDEG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CON CTA NT (AG#): ❑ INTERLOCAL PROJECT ROUND NAME OF CONTRACTOR: KREGER PROPERTIES L.L.C. ADDRESS: 32908 42"® AVE S, FEDERAL WAY, WA 98001 TELEPHONE: (253) 653-5869 E-MAIL: TwMyt MEGERP PERTIr � D l; SIGNAT N : TAMARAKREGER TITLE: SEE ATTACHED EXHIBITSi ■ SCOPE,•• OR SERVICES ■ COMPENSATION ■ INSURANCE REQUIREMENTS/CERTIFICATE El ALL EXHIBITSOTHER REFERENCED ■ PROOF OF AUTHORITYO SIGN ■ REQUIRED■ PRIOR TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDATE TOTAL CO ENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANSI) ONE THOUSAND AND NO/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACK SCHEDULES OF EMPLOYEES TITLES ANIS HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLARAMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: TAINAGEAMOUNT: _ m❑RETAINAGE AGREEMENT (SEE CONTRACT) OR DRETAiNAGEBoND ROVIDED f. DOCUMENT/CONTRACT MEVI l ■ PROJECT •` N-15IRECTOR ■ ■ LAW INITIAL / DATE REVIEWED »' n,Ffj SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: INITIAL / DATE APPROVED '- a -..r. COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDORJCONTRACTOR DATE SE DATE C'D-. ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE C TIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTHP OR 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 • Lrd TIENT?: ., .�N.ATOL.'° (MA.'OR. OR DIRECTOR) _. ❑ CITY CLERK ❑ ASSIGNED AG# AG# 1/2020 This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal corporation ("City"), and Kreger Properties, 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: Tamara Kreger 3290842 nd Ave S Federal Way, WA 98001 (253) 653-5869 (telephone) I rg" ,ill, "I i i 11111111111111 11 - m Ade Ariwoola 33325 8th Ave. S. Federal Way., WA 9WR_,'�,A-325 (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 0r4GRANT 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 c) 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 ex ' ceed 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): 0 Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage Incurred over $ 1, 000 in 0"D� 19 related expenses Expe6enced 10-0% log revenue Experienced over 50% lost revenue C 2.2 Grantee affirms that grant funds will be used for the following purposes: CARES ACT BUSINESS GRANT AGREEMENT I - CITY HALL 33325 Sth Avenue South (253) 835-7000 VVWW o1yoffederalmiy com 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 the to the City or its designee upon request. 3. 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. GRANT ANIOUNT. UIC CILJ RIM proviue a grant to tne Urantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4�2 Not t funds are not appropriated or "oWed for 0�otucut N09tAbommiatiort of Fund& If sufficien under thiS Agreement fbr any fis�c eft d, il 6 "einent� 41 p 0 , ie ty will not be obligated to make payments u64O this • 5.1 Oiahtbe lndiwhig��. 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 resIcective a2� en- 1—censees, 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 Itz— 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 LndL - 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 CARES ACT BUSINESS GRANT AGREEMENT -2- CITY OF Fbderal W. CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffedemlway. coin 5.3 C L_y_ 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 ii I -ment tthe xtent licensees, or re resentatives arisinL! from resultini from or connected with this Aueeo e • 5.4 Survival. The provisions of this Section shall survive the expiration or termination of 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 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 Ehf4cemen . 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 terrns 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 reach or default 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 does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, 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 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, 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 CITY OF Fbdend ifty CITY HALL 33325 8th Avenue Suuth (253) 835-7000 wwwatyoffederalway coin represents and warrants that such individual is duly authorized to execute to this Agreement. This Ageement mgy W lith U11 i-WELIUN JjUrUJU 115a signea Me Same a0cument. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to 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 OfFFeDERAL WAY: DATE: KREGER PROPERTIES. LLC: By: Az PrintedName: IAMWrci Title: Owncl( DATE: S v -c! i -t e Services Business Lookup KREGER PROPERTIES L.L.C. License Information: Entity name: KREGER PROPERTIES, LLC Business name: KREGER PROPERTIES L.L.C. Entity type: Limited Liability Company UBI #- 603-213-205 Business ID: 001 Location ID: 0001 Location: Active Location and Mailing 32908 42ND AVE S address: FEDERAL WAY WA 98001-2621 Excise tax and reseller permit status: Click III Secretary of State status: Click here New search Back to results Endorsements Endorsements held at this location i License # Count Details Status Expiration date First iSSUanct Federal Way Home Occupation Pending Aug -31-2021 Business Governing People May Include governingpwplenotragistered with Secretary of'State Caverning people Title KREGER, TAMARA Registered Trade Names Registered trade names SietUS First issued KREGER PROPERTIES L.L.C. Active Jul -26-2012 11''I''I'll 1II'1II11'I'1'jj�';' I'll, Jill 11�11�11 11111 1 ;"1 I'll, 111 # I - a a 'JOr !!III!1�1!fl! III III! Working together to fund Washington's future https://secure.dor.wa.gov/gteunauth/,—/#37 1/1