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AG 20-811 - States Transportation LLC— — -------- - ----------- - - --- - - . . .... — ----------------- ... .. .. ... ......... W TO: Tim Johnson EXT: 2412 iii�� CITY OF FEDERAL WAY LAW DEPARTMENT •.. FORM 1. ORIGINATING DEPT./DIV: --ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ.BY: ASAP 11 PUBLIC WORKS CONTRACT Ei SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 0 ORDINANCE 1:1 RESOLUTION 11 CONTRACTA NT (AG#): OINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 215294 12:u �u 6. NAME OF CONTRACTOR: STATES TRANSPORTATION LLC ADDRESS: 28530 24TH AVE S, FEDERAL WAY WA 98003-3301 T ELEPHONE: (253) 249-4136 E-MAIL: STATESTRANSPORTATION@YAHOO.COM SIGNATURE NAME: VIKTOR BOYCHEV TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: Ll SCOPE, WORK OR SERVICES D COMPENSATION F-1 INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS D PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT -COMPLETION DATE: --, IS SALES TAX OWED 0 YES X N* RETAINAGE: RETAINAGE AMOUNT: 11201MIDWE IF YES, $ — PAID BY: El CONTRACTOR El CITY El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND 11 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL Wim/ DATE APPROVED 0 PROJECT MANAGER M-dIRECTOR 02, El RISK MANAGEMET (IF APPLICABLE) 0 LAW 11. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:— • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • 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.) INITIAL / DATE SIGNED • LAW DEPARTMENT N1 1,INATO RY (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# AG#,' COMMENTS: 1/2020 CITY OF 4!44 n, y ederal F CARES ACT FITNDS BUSINESS SITPORT WITH STATES TRzi-NISPORTATION'LLC H 215 B3�,_7,.)Cj This Grant Agreement ("Agreement") is made betwe;m the City of Federal Way, a 'Wash I n cumn municipal corporatlon ("City"), and States Transportation ELC, a h-afited hability cornpany, (`"Gr ntee' N, The City and Grantee (together 'Tefi&') are located and do business at the below addresses which shall I -)e valid for any notlee required under this Agree ment- ......... . STATES TRANSPORTATION LLC: CITY OF FEDERAL WAY: VIKTOR BOYCHEV Ade Aria; cola 28530 24th Ave S 33325 8th Ave, S. 'Federal Way, WA 98003-6325 FEDERAL WAY, WA 98003 (253),S35-2414 (telephone) (253) 249-4136 (telephone) I(25 3) 935-2509 (facsiraile) st,itestransport2t2p@yahoo.com 1 ade.arnvoolfi crtvcsfttd.erahvay.corri The Parties agree as follows: 1® TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described escribe ie_rein. 2. CONDITIONS OF GRANT. 11 Warranties: The Grantee warrants the following, which are pre -requisites for grant eligibility: a) Grantee operates a business physicatly located within the political boundaries of the City of Federal Way-, b) Grantee maintains a current City of Federal Way business license; 7 a) Grantee has paid all taxes and government fees due up ro, the date of execution of this grant agreement-, d) Grantee's business employees no more than the equivalent of ten (10) fiffl-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $ 1. 5 million per year-, f) Grantee does not operate as a tax-exempt business as defined by the Intemal Revenue Service, g) Due to COV -19, Grantee business (��hcck that all ll t _-2—aa Mm-l"D: Was required by state or local order to close Was forced to lay off employees duo to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experiences. 10-50NO 'lost revenue Experienced over 50% lost revenue 13 CARES ACT BUSINESS GRANT AGREEMENT T'2020 L-1 rV OF ,41 Federal Way 12 Use of Fa ds Grantee affirms that grant funds will be used for Jhe following punposes: 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 farads and wil' provide them to the City or its designee upon request. 3. TER_NTLTN-,&T[0N1. Should any of the conditions described in section 2,1 above, not be met. die City may recover all diabuxsed grant funds ana terminate this agreement. 4. GRANT ANIOUNJ.- 4.1 Amount. In order to pro oto healthy economic activity in the City Luid, in response rc the losses Grantee has incurred due to the COVID-19 pandemic, the City shall provide a —an, to -the Grantce In cull amount I 4=1 - not to exceed One Thousand and NO/I 00 Dollars 1,000 00), 4.2 Non -Appropriation olunds, If sufficient funds are not appropniated or allocated or payment I under this Agreement for any fiscal period, the City will not be obligated to make payments tender this ageement. 5. LND E 411N I F �[CkTl 0 Itis 501 grantee Inde mnificqtiL�n, The Grantee agrees to release, indernnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, and volunteers harrnidss frorn any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceeding"', 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 fnorn, 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 detcrmine that this Agreement is subject w RCC 4224. i 15, then, in the event Of liability for damages arising out of bodily injury to persons or damages to property caused by or resuffin'cy 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, office s, employees, agents, r_-presentativcsl insurers, attorneys, and volunteers to the extent and on the s to and conditions as the Grantee pursuant paragraph. this to L _;Taph. 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. 52 Industrial lAsurance Act Waivgr. It is specifically and expressly understood that the Grantee waives any immunity that may be gr ted to it under the Washington State industrial insurance act, Title 51 RC -%V, solely for the purposes of this incierrinification. 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 ftuther acknowledge that they have mutually negotiated this waiver - CARES ACT BUSINESS GRANT AGREEMENT - 2 - 7/2020 CITY OF Federal Wcay rule 'rte-, rs 5.3 Cit -, dernniFIcatlon The City agrees to release, indemnity, defend and hold t r= Grantee, its offrcers, directors, shareholders, partners, employees, apencs, representatives, and suDccn Tactors nanniess from cD any and all claims,, demands, actions, suits, causes of action, arbitrations; mediations, proceedings, ; rdg erste; awards, inJuries, damages, liabilities, losses, fines. Fees. penalties axpens�s. anted ev's lees, costs, and/or litigation expenses to or by any and all persons or entities, including without Ii-nnit.ation., resp�2ctive 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. 5A Survival. The provisions of this Section shall survive the expiration or terimination of this Agreement with respect to any event occurring prior to such expiration or =.,iriation. 0.l l€�te�rdtatiorr and "• trlrt`l This Agreement c-onrains all c -A the af3reernems of the Parties with respect to any swatter covered or mentioned. in this Agr eemer i and no -prior statements o: agce , whether oral or written, shall be effective for any purpose. Any provision of this Ageurneni that is declared invalid, inoperative, null and void, or illegal shall in no way affect or in—validate 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 wnended, waived, or modified except by, vTitten agreement signed by duly autborazed representatives of the Parties. 62 nfearc_ -tent. 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 snail; postage prepaid, to the address set forth above, Any notice o pasted in the United States mail shall be deemed received three f3j days after the date of mailing. Any remedies provided for under the tenns of this Agreement are not intended to be exclusive, but shall b cumulative with all other remedies available to the City at iaw, in eqU4 ty or by statute. 'The failure ofthe City to insist upon strict perfismiance of any of the covenants and agreements contained in this ?.gTeement, or to exercise any option conferred by this Agreement iu one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agree erns or options, and the same shall be and remain M mull force and effect. Failure or delay of the City to declare any breach or d� ault immediately upon occurrence snail not waive such breach or default. Failure of the City to declare one reach 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 dispuie, difference or claire arising from this Agreement, the exclusive means of resolving that dispute, difference, or clairnm shall be by filing' suit under the venue, rules and jurisdiction of the Dial; County Superior Court, King County, Washington, unless the parties agree in writing to an alte ati rTe process. If the ling County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court it, King County, Washington, Each pasty consents to the personal 'jurisdiction of the state and federal coins in King County, Washington and waives any objection that such courts are an inconvenient forum, f either Party brings any claire or lawsuit . `sing from this Agreement, each. Party shall pay all its legal costs and ttorn.ey's fees and exper:ses incurred in defending or bringing such clam, or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragrap- ft shall be construed to Ili -nit the Parties' rights to indemnification under Section, 5 of this A eezr°rc—i. CAPES ACT BUSINESS GRANTAGREEMENT 7, ` 02 ? ciry OF . . . . . . . . 6.3 Execution. Each individual execqt-ing 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 1 ch -of AOuLb-sb-ati-bi--dj�,em-e-�n-i)rj-,�-nai-andAvith 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 bt 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 oFall of the Parties have executed g� counterpart of this Agreement shall be the"date of mutual execution" hereof. IN WITNESS, the Parties execute this Agreement bellow, effective the last date written below. Jim`1-v ayor DATE: ATE- j 0 By: Printed Name: _ ', . ��G Title: 00J KSIV CARES ACT BUSINESS GRANT AGREEMENT 7/2020 Services Business Lookup STATES TRANSPORTATION LLC License Information. New search Back to results Entity name: STATES TRANSPORTATION LLD Business name: STATES TRANSPORTATION LLC Entity type: Limited Liability Company UI #: 603-170-678 Business ID: 001 Location ID: 0001 Location: Active Location address: 28530 24TH AVE S FEDERAL WAY WA 98003-3301 Mailing address: 28530 24TH AVE S FEDERAL WAY WA 98003-3301 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Federal Way Home Occupation Business Governing People May include governing people not registered with Secretary of State Governing people BOYCHEV, VIKTOR Registered Trade Names Registered trade names Status STATES TRANSPORTATION LLC Active Details Status Expiration;date First issuanCE Active Jul -31-2021 Jul -22-2020 am Working together to fund Washington's future