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AG 20-488 - The Chef's TableRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTNIENT ROUTING FORM 1. ORIGINATING DEPT./DIV: ECONOMIC DE\T-_LCflV1W� 2. ORIGINATING STAFF PERSON: —TIM"JOHNSON EXT: 2412 3. DATE REQ. BY: AsAP 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT Ei MAINTENANCE AGREEMENT Ei GOODS AND SERVICE AGREEMENT 11 HUMAN SERVICES / CG ii REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 11 ORDINANCE 11 RESOLUTION * CONTRACT AMENDMENT (AG): OINTERLOCAL * OTHER CAS ACTFUNDS P ESS SUPPORF GRANTAGREEMINT 5. PROJECT NAME: CARES ACT GRANT ROUND I 6. NAME, OF CONTRACTOR: THE CHEPS TABLE ADDRESS: 305097TH AVE SW, FEDERV WAY, WA, 98023 TELEPHONE: (253) 632-6643 E-MAIL: BRANDON.N.CHER113@GmAm.com SIGNATURE NAME: BRUCE HOP TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUD?,EMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES [I PRIOR CONTRACT/AMENDMENTS 6 9, TOTAL COMPENSATION $(INCLIUDE 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: F-1 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 11 YES X NO IF YES, PAID BY: [I CONTRACTOR D CITY RETAINAGE: RPTAiNAGE AMOUNT: .0 RETANAGE AGREEMENT (SEE CONTRACT) OR ij RETAINAGE BOND PROVIDED - t . ...... .... . . 1 1 "a 11 10. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL DATE APPROVED C1 PROJECT MANAGER -------- 0 DIRECTOR 11 RISK MANAGEMENT (iF APPLicABLE) 11 LAW 11. COUNCIL APPROVAL (IF PLIC LE) SCHEDULED CO TEE DATE: CoNs=F APPRovAL DATE: SCHEDULED Cocu.DATE: CouNaL APPRovAL DATE: 0 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: C] ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MON�� PRIOR TO EXPMATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is neede INITIAL / DATE SIGNED D LAW DEPARTMENT I PISTGNATORY (MAYOR OR DIRECTOR) I 11 CITY CLERK 11 ASSIGNED AG# AG4 0U) COMMENTS: CITY OF Federal Way CITY HALL 33325 8th Avenue Beath Federal Way, WA 98003-6325 (233) 835-7000 o www cityoftederahwiyco �` r i � r� r r► WITH requiredThis Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and The Chef s Table 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 under this Agreement: I 1 00 1 pro go 101 .; Bruce Hopkins 7TH AVE FEDERAL , 9801 •♦' (telephone) Ade Ariwoola Federal33325 8th Ave. S. ,, WA 98003-6321 ,1253) 835-2520 (telephone) # 1253) 0i o This agreement contemplates a one-timegrant of funds to the Grantee under the conditions described hri. 2.1 Warranties. Grantee warrants# pre -requisites for +eligibility: a) Grantee operates a business physically located within the political boundaries of the City of } grantb) 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 agreement; Grantee is not the recipient of other state or federal ftmding made available as a response tot e C - 19 pandemic; e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (man-hours total for all employees per year); Grantee's net revenues do not exceed ore t 1.5 million per year; Grantee does not operate as a tax-exemptbusiness as defined by the Internal Revenue Service; Due to - 19, Grantee business (check all that apply): Ej Was required by state or local order to close Was forced to lay off employees due to reduced troae Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over % lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CITY OF CITYHALL 33325 8#s Avenue South Federal Way, WA 98003-6325 00 A%4,11 Federal Way 40 (253) 835-7000 WWW r ltyoffl�eMhvay come 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. 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. !HNNNNB�u [lM 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has inci�icddue to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and iii ($1,000.00). 4.2 Non-A-p-propriation 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. WINEMBIgAllaw 5.1 Grantee lh&��. 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 gation 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 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 negligence of the Grantee and the City, the Grantee's liability hereunder shall be and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, 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 further acknowledge that they have mutually negotiated this waiver. CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003--6325 (253) 835-7000 wvvw atyoffederia hvay com 5.3 Ci_q The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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. 0 ID 6.1 lhj��og 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 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 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 ma be de osited in the United States 'I osta e re aid to the address set forth above. MM CAX S --X Wre't W1 41-1111gX1g SUM U'UtIl 4T IMTSLIL, 111CILVILIg U11 UPPCUIS, X1 al- IL14111 M 4111 VUIC 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 represents and warrants that such individual r authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with CARES ACT BUSINESS GRANT AGREEMENT -3- --111 CITY OF CITY HALL 33325 8th Avenue SOcath Federal Way, WA 98003-6325 Federal Way (253) 835-7000 6v�,v�v.c,it�ec)ffedc,riliv,iy-con7 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 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 OF FEDERAL WAY: I tl 7 ,—dL40� R relf, Mayor DATE: B)": ------ MIMUT-M -no CARES ACT BUSINESS GRANT AGREEMENT -5- 7/25/2020 eServices Vlashmgto�� State Departnnei�t o�' Revenue Business Lookup THE CHEF'S TABLE 1"MMIMIT"Mm Entity name: THE CHEF'S TABLE LLC Business name: THE CHEF'S TABLE Entity type: Limited Liability Company UBI #: 602-354-642 Business ID: 001 Location ID: 0001 Location: Active Location address; 30509 7TH AVE SW FEDERAL WAY WA 98023-3922 Mailing address: 30509 7TH AVE SW FEDERAL WAY WA 98023-3922 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 Home Occupation Business Governing People May include governing people notregistered with Secretary ol'State Governing people Title HOPKINS, BRUCE W HOPKINS, ELAINE M Registered Trade Names Registered trade names THE CHEF'S TABLE 0 New search Back to results Status Expiration date Active Jun -30-2021 The Business Lookup Information Is updated nightly. Search date and time: 7/25/2020 5:11:07 PM First issuance Jul -16-2020 https:Hsecure.dor,wa.govtgteunauth/—/#458 1/1