HomeMy WebLinkAboutAG 20-148 - Basil BasilRETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TINT JOHNSON EXT: 2412 3. DATE REQ. BY: ASAP
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL
❑ OTHER
PROJECT NAME: CARES ACT GRANT RESTAURANT AMENDMENT
NAME OF CONTRACTOR:BASIL BASIL LLC
ADDRESS: 2318 SW 336TH ST TELEPHONE: (253) 754-5255
E-MAIL: LOVEBASILTHAI@GMAIL.COM
SIGNATURE NAME: LADARwAN SAELEE TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE:
COMPLETION DATE:
TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) FIVE THOUSAND AND NO/100 ($5,000)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT:
❑ PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW
❑1jP Q�TECT MANAGER
B-151RECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
1. COUNCIL APPROVAI.(IF APPLICABLE)
2. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR
❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE
INITIAL / DATE REVIEWED
SCHEDULED COMMITTEE DATE:
SCHEDULED COUNCIL DATE:
DATE SENT:
INITIAL / DATE APPROVED
I—.2,2— 2C�
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE:
DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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
J;�ATORY (MAYOR OR DIRECTOR) I
(CITY CLERK 111 I-V
❑ ASSIGNED AG# 20-1486 _
;OMMENTS:
1/2020
` CITY OF CITY HALL
Federal a� 33325 8th Avenue South
Federal Way, WA 980o03-6325
(253) 835-7000
www ciryoffederalway. com
AMENDMENT NO. 1
TO
CARES ACT BUSINESS SUPPORT GRANT AGREEMENT
WITH
BASIL BASIL LLC
This Amendment ("Amendment No. V) is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Basil Basil LLC, a limited liability company ("Grantee"). The City and Grantee (together
"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement
("Agreement") dated effective November 17, 2020, as follows:
1. AMENDED COMPENSATION. The amount of the grant, as referenced by Section 4 of the Agreement,
shall be amended to change the total grant the City shall pay the Grantee as delineated in Exhibit A-1, attached
hereto and incorporated by this reference. Contractor shall be solely responsible for the payment of any taxes
imposed by any lawful jurisdiction as a result of payment of this Agreement. 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.
2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior
amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by
either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the
previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been
performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment.
[Signature page follows]
AMENDMENT - 1 - 3/2017
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL -WAY:
M
Jim
DATE:
BASIL BASIL LLC:
By:
Printed Name:�C��'W
Title:i,�llq,. A WnBY
Date: A�1 �G\ � v7't
AMENDMENT - 2 - 3/2017
Clry OF CITY HALL
Fe d e ra I a Feder 8th Avenue South
Federal Way. VVA 98003-6325
�r' (253) 835-7000
,mont,oyoffederalway.com
EXHIBIT A-1
ADDITIONAL COMPENSATION
1. Total Compensation: In order to promote economic activity in the City and in response to losses incurred due
to the COVID-19 pandemic, the City shall provide an additional grant amount not to exceed Five Thousand and
NO/100 Dollars ($5,000.00). The total amount payable to Grantee pursuant to the original Agreement and this
Amendment shall be an amount not to exceed Five Thousand and NO/100 Dollars ($5,000.00).
AMENDMENT - 3 - 3/2017
RETURN TO: TIM JOHNSON EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DN: ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY: ASAP
TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
PROJECT NAME: CARES ACT GRANT — ROUND 1 on 6
5 �� L L�
NAME OF CONTRACTOR: BASIL, THAI RESTAURANT rNk
ADDRESS: 2318 SW 336TH ST, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 754-5255
E-MAIL: LOVEBASILTHAI@GMAIL.COM
SIGNATURE NAME: SAELEE SAELEE TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE:
TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ($2,000.00)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES
RETAINAGE: RETAINAGE AMOUNT:
X NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO: OOI -1840-990-518-IO-490 Ptajeci Cade # 26662-25060 _
0. DOCUMENT/CONTRACT REVIEW
❑ PROJECT MANAGER
C�IRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW
1. COUNCIL APPROVAL (IF APPLICABLE)
2. CONTRACT SIGNATURE ROUTING
INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED
SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL, DATE: COUNCIL APPROVAL DATE:
❑ 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
❑ LA PARTMENI rr B LAw 7-28-20
GNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK l4 �i0
❑ ASSIGNED AG#
;OMMENTS:
1/2020
CITY OF
Federal Way
CARES ACT FUNDS
BASIL
CITY HALL
33325 8th Avenue South
Federal Way, OJA 98003-6325
(253) 835-7000
www cityoffederdiway. corn
SUPPORT GRANT AGREEMENT
LLC
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Basil Basil LLC, a limit(d liability company ("Grantee"). The City and Grantee
(together "Parties") are located and do business at he below addresses which shall be valid for any notice
required under this Agreement:
BASIL BASIL LLC:
Ladarwan Saelee
2318 SW 336TH ST
FEDERAL WAY, WA 98023
(253) 754-5255 (telephone)
lovebasilthai@gmail.com
The Parties agree as follows:
1. TERM. This agreement contemplates a
described herein.
2. CONDITIONS OF GRANT
2.1 Warranties. The Grantee warrants the f
a)
Grantee operates a business phl
of Federal Way;
b)
Grantee maintains a current Cit,
c)
Grantee has paid all taxes and
grant agreement
d)
Grantee is not the recipient of o
to the COVID-19 pandemic
e)
Grantee's business employee$
employees (20,800 man-hours %(
fl
Grantee's net revenues do not 03
g)
Grantee does not operate as a I
Service
h)
Due to COVID-19, Grantee buji
❑ Was required by
Was forced to lay
❑ Incurred over $ l;I
Experienced 10-6
Experienced over
CARES ACT BUSINESS GRANT AGREEMENT
CITY OF FEDERAL WAY:
Ade Ariwoola
33325 8th!Ave. S.
Federal Way, WA 98003-6325
(253) 835;2520 (telephone)
(253) 8352509 (facsimile)
ad e. ariwoo l a@ cityo ffede ralway. com
grant df funds to the Grantee under the conditions
ng, which are pre -requisites for grant eligibility:
y located within the political boundaries of the City
of Federal Way business license
10vernment fees due up to the date of execution of this
state or Federal funding made available as a response
do more than the equivalent of ten (10) full-time
41 for all employees per year).
'eed more than S 1.5 million per year
x -exempt business as defined by the Intemal Revenue
(check all that apply):
or local order to close
employees due to reduced patronage
in COVID-19 related expenses
lost revenue
o lost revenue
,ACITY OF
�, Federal Way
2.2 Use of Funds: Grantee affirms that grant
a) Mortgage or Rent
b) Personal Protection Equipment
c) Insurance
d) Utilities
e) Marketing
F) Payroll
Grantee agrees to retain receipts documenting use
designee upon request.
3. TERMINATION. Should any of the con&
may recover all disbursed grant funds and terminate
4. GRANT AMOUNT.
4.1 Amount. In order to promote healthy
Grantee has incurred due to the COVID-19 pandemic
not to exceed Two Thousand and NO/100 Dollars ($!
4.2 Non -Appropriation of Funds. If suj
under this Agreement for any fiscal period, the
agreement.
5. INDEMNIFICATION.
5.1 Grantee Indemnification. The Grante�
elected officials, officers, employees, agents, repres
any and all claims, demands, actions, suits, causes
awards, injuries, damages, liabilities, taxes, losses, fi
litigation expenses to or by any and all persons or ear
licensees, or representatives, arising from, resultir
performance of this Agreement, except for that poi
Should a court of competent jurisdiction determine tl
event of liability for damages arising out of bodil
resulting from the concurrent negligence of the Gran
only to the extent of the Grantee's negligence. Grant
and indemnify the City, its elected officials, officers,
volunteers to the extent and on the same terms and
City's inspection or acceptance of any of Grantee's
these covenants of indemnification.
5.2 Industrial Insurance Act Waiver. It
waives any immunity that may be granted to it un
RCW, solely for the purposes of this indemnificatic
by any limitation on the amount of damages, cowl
workers' compensation acts, disability benefit acts
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www cilyoffederslway, coin
will be used for the following purposes:
grant funds and will provide them to the City or its
i described in section 2.1, above, not be met, the City
agreement.
)mic activity in the City and in response to the losses
City shall provide a grant to the Grantee in an amount
00).
funds are not appropriated or allocated for payment
will not be obligated to make payments under this
ees to release indemnify, defend, and hold the City, its
fives, insurers, attorneys, and volunteers harmless from
ction_ arbitrations, mediations, proceedings, judgments,
fees, penalties expenses, attorney's fees, costs, and/or
s, including, without limitation, their respective agents,
from, or in connection with this Agreement or the
n of the claims caused by the City's sole negligence.
Pus Agreement is subject to RCW 4.24.115, then, in the
awry to persons or damages to property caused by or
and the City, the Grantee's liability hereunder shall be
shall ensure that each sub -Grantee shall agree to defend
aployees, agents, representatives, insurers, attorneys, and
�ditions as the Grantee pursuant to this paragraph. The
fk when completed shall not be grounds to avoid any of
ificalIy and expressly understood that the Grantee
Washington State industrial insurance act, Title 51
fee's indemnification shall not be limited in any way
a or benefits payable to or by any third party under
other benefits acts or programs. The Parties further
CARES ACT BUSINESS GRANT AGREEMENT 111 - 2 -
4% CITY OF
Fe d e ra I Way
acknowledge that they have mutually negotiated
5.3 Citv indemnification. The City agi
officers, directors, shareholders, partners, emplo;
from any and all claims, demands, actions, sui
judgments, awards, injuries, damages, liabilities,
and/or litigation expenses to or by any and all per
agents, licensees, or representatives, arising from, i
solely caused by the negligent acts, errors, or orris,
5A Survival. The provisions of this
Agreement with respect to any event occurring pi
6. GENERAL PROVISIONS.
6.1 inte�retation and Modification. Th
with respect to any matter covered or mentioned
whether oral or written, shall be effective for any
invalid, inoperative, null and void, or illegal shall i
such other provisions shall remain in full force
provision, may be amended, waived, or modifies
representatives of the Parties.
6.2 Enforcement. Any notices required E
set forth at the beginning of this Agreement. Any
notice or may be deposited in the United States mai
so posted in the United States mail shall be deers
remedies provided for under the terms of this
cumulative with all other remedies available to the +
insist upon strict performance of any of the cave
exercise any option conferred by this Agreement in
or relinquishment of those covenants, agreements a
effect. Failure or delay of the City to declare any bri
such breach or default. Failure of the City to declare
right to declare another breach or default. This Ag
accordance with the laws of the State of Washington
claim arising from this Agreement, the exclusive m
by fling suit under the venue, rules and jurisdii
Washington, unless the parties agree in writing to
does not have jurisdiction over such a suit, then suit
Washington. Each party consents to the personal 7
Washington and waives any objection that such cc
claim or lawsuit arising from this Agreement, eacl
expenses incurred in defending or bringing such cla
recovery or award provided by law; provided, hove
limit the Parties' rights to indemnification under Sec
6.3 Execution. Each individual
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003-6325
(253)835-7000
avww olyoffederalway con)
ver.
4o release, indemnify, defend and hold the Grantee, its
agents, representatives, and sub- contractors harmless
auses of action, arbitrations, mediations, proceedings,
�s, fines, fees, penalties expenses, attorney's fees, costs,
or entities, including without limitation, their respective
ting from or connected with this Agreement to the extent
of the City.
on shall survive the expiration or termination of this
such expiration or termination.
,greement contains all of the agreements of the Parties
his Agreement and no prior statements or agreements,
pose. Any provision of this Agreement that is declared
way affect or invalidate any other provision hereof and
effect. No provision of this Agreement, including this
.ce:pt by written agreement signed by duly authorized
a given by the Parties shall be delivered at the addresses
ces may be delivered personally to the addressee of the
)stage prepaid, to the address set forth above. Any notice
received three (3) days after the date of mailing. Any
gement are not intended to be exclusive, but shall be
F at law, in equity or by statute. The failure of the City to
its and agreements contained in this Agreement, or to
or more instances shall not be construed to be a waiver
~tions, and the same shall be and remain in full force and
i or default immediately upon occurrence shall not waive
e breach or default does not act as a waiver of the City's
went shall be made in, governed by, and interpreted in
'the Parties are unable to settle any dispute, difference or
s of resolving that dispute, difference, or claim, shall be
a of the King County Superior Court, King County,
alternative process. If the King County Superior Court
y be filed in any other appropriate court in King County,
diction of the state and federal courts in King County,
i are an inconvenient forum. If either Party brings any
xty shall pay all its legal costs and attorney's fees and
)r lawsuit, including all appeals, in addition to any other
however nothing in this paragraph shall be construed to
5 of this Agreement_
this Agreement on behalf of the City and Grantee
CARES ACT BUSINESS GRANT AGREEMENT I 11 -3 -
CITY OF
Federal Vila
represents and warrants that such individual is di
Agreement may be executed in any number of coux
the same effect as if all Parties hereto had signed t
together and shall constitute one instrument, but ii
one such counterpart. The signature and acknowl
together to form a single instrument comprised
signature and acknowledgment pages. The date i
counterpart of this Agreement shall be the "date of I
IN WITNESS, the Parties execute this Agreement b
CITY OF FEDERAL WAY:
Jim Ferrel ayor
DATE:
BASIL B. SIL L
By. ..
Printed Name: L &J,1.�`s-LuC�
Title: ��1n41S t'Y
DATE:
CITY HALL
33325 8th Avenue South
Federal Way. WA 98003--6325
(253) 835-7000
www ciryoffedera/way com
ithorized to execute and deliver this Agreement. This
Lrts, each of which shall be deemed an original and with
me document. All such counterparts shall be construed
ting proof hereof it shall only be necessary to produce
;ent pages from such counterparts may be assembled
I pages of this Agreement and a complete set of all
which the last of all of the Parties have executed a
A execution" hereof.
, effective the last date written below.
CARES ACT BUSINESS GRANT AGREEMENT I 1 - 4 -
7/24/2020 eServices
Washington Mate Department of Revenue
Services Business Lookup BASIL THAI RESTAURANT
License Information:
New search Back to results
Entity name:
BASIL BASIL LLC
Business name:
BASIL THAI RESTAURANT
Entity type:
Limited Liability Company
UBI #:
603-507-510
Business ID:
001
Location ID:
0001
Location:
Active
Location address:
2318 5W 336TH ST
FEDERAL WAY WA 98023-2848
Mailing address:
2318 5W 336TH ST
FEDERAL WAY WA 98023-2848
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
15 -102708 -00 -BL
Active May -31-2021
Jun -10-2015
Restaurant Beer & Wine
77803
Active May -31-2021
Jul -21-2015
Governing People May include governing people not registered with secretary of state
Governing people
Title
SAELEE, LADARWAN
Registered Trade Names
Registered trade names
Status
First issued
BASIL THAI
Active
Jun -02-2015
BASIL THAI RESTAURANT
Active
Jun -02-2015
The
Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:33:00 PM
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