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HomeMy WebLinkAboutAG 20-648 - Dash Point LaundryCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM , ORIGINATING DEPT./DIV: —ECONOMIC DEVELOP AENT ORIGINATING STAFF PERSON: TIM JOHNSON __ EXT: 2412 3. DATE REQ BY. ASA -P El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT C1 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDG 11 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOC NTS) El ORDINANCE El RESOLUTION * CONTRACT AMENDMINT(AG#):_ El INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT - ROUND 2 NAME OF CONTRACTOR: DASH POINT LAUNDRY LLC ADDRESS: 13119 NE 72ND LN, FEDERAL WAY WA 98023-4530 TELEPHONE: (206) 412-9989 E-MAIL: SUYANOFKIRKLAND@COM[CASTNET SIGNATURE NAME: CHOU LY TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 1:1 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEER TAC HED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSANIDAND N01 I Qd'(52,000M) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HO AY RATES)_ REIMBURSABLE EXPENSE: El YES XNO IF YES, MAXIMUM D0L1AR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: El CONTRACTOR ©CITY RETAINAGE: RETAINAGE AMOUNT: w„mRETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED 0 P�OJECT MANAGER J��RECTOR • RISKMANAGEMENT (IFAPPLICABLE) • LAW NE61IN” MAX04MUR0111-91MI� INITIAL / DATE REVIEWED re SCIIEDULED COMMITTEE DATE: �CHEDULED COUNCIL DATE: INITIAL / DATE APPROVED n 0,2 e_ - COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D-. 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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 El LAW DEPARTMENT [L,$JGNATO RY (MAYOR OR DIRECTOR) El CITY CLERK 0 ASSIGNED AG# AG# ;OTS: 214, _7 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Dash Point Laundry LLC, a limited liability company ("Grantee"). The City ant Grantee (together "Parties") are located and do business at the below addresses which shall be valid for any I otice required under this Agreement: lx� 1111MMOBT-21-ul WEIVILVIF, CHOULY Ade Ariwoola 1642 SW Dash Point Rd, Kirkland, WA 98033 33325 8th Ave. S. Mailing address: 13119 NE 72ND LN Federal Way, WA 98003-6325 Kirkland, WA 98033-8342 (253) 835-2414 (telephone) (206) 412-9989 (telephone) (253) 835-2509 (facsimile) SUYANOFKIRKLANDa,COMCAS T.NET ade.ariwoDla�,cit offeder�alway�.com 1710 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 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 ata ee ent; d) Grantee's business employs no more than the equivalent of ten (10) full-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 Internal Revenue Service; g) Due to COVID- 19, Grantee business (check all that apply): E] 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 COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 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 [4fil *]LAX In 'S I IL CITY OF Federal Way c) Insurance d) Utilities e) Marketing f) Payroll CITY HALL 33325 8th Avenue South Federal Way., WA 980OM325 (2 53) 835-7000 www o4vffedef ahvqy c om 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 fimds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- I 9.pandemic, the Citv shall Drovide a Lyrant to the Grantee in an amount 4 F11414"41 MIG 4.2 N _N _p__. 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. 5.1 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 wi licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the rierformance 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 onl,,,, to the extent of the Grantee's ne .1igence. Grantee shall ensure that each sub -Grantee _shall agree to defend ani4 in,.s'Aemni*AArj&4,m its elected offi-ci-al-s- officers-, e i . . . . . . . . . s. &wnts,. re-oXesentatives . surers- attorneps, —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 coven 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 WVZ,�L+�vly Air 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. 1 5.3 Q!y The City agrees to release, indemnify, defend and hold the Grantee, its *fficers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless KIAM CITY OF CITY HALL 33325 8th Avenue South 4'4 Federal Way, WA 98003-6325 A% Federal Way (253) 835-7000 mvw cityoffk1eralway com 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, Wand/or litigation ex enses to or `b an anda all iersons or entities including, without limitation. ..A - ga 0 VOM, 10 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. Q! I L11.11 I 1111!0151-3111"M 6.1 h�ftrddtion 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 • 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 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 terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in • 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 wzivec- or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the Cit -f +-.�, , to declare one breach or default does not act as a V� 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 res ' & i. 11141* 1, . I . 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 �urisdiction over such a suit', thv-n-�-i 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 exfi �* bvn4r-w-amXwther ,tenses incurred in defendimN or brin�N� such claim or lawsuit, includin.- 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 is duly 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 the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed �� �-*V- �12- �a �&- �uk CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vvww cityoffederalway com 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. DASH POINT LAUNDRY LLC: By: r Printed Name: Title: dv- Oki n4e- C-. DATE: —1 14 "L b 0)-C 1 < Business Lookup License Information: Newsearch Back toresuks Entity name: DASH POINT LAUNDRY LLC Business name: DASH POINT LAUNDRY LLC Entity type: Limited Liability Company LIBI #.. 602-870-314 Business ID: 001 Location 10- 0001 Location: Active Location address: 1642 SW DASH POINT RD FEDERAL WAY WA 98023-4530 Mailing address: 13119 NE 72ND LN KIRKLAND WA 98033-8342 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at Ws location License # Cmjnt Details Status Expiratlwdate Hat Issuance date Federal Way General Business 08-105894-00-8L Active Oct -31-2021 Dec -12-2008 Governing People Governing people Title LY, CHOU LY, SUYAN Registered Trade Names Registered trade names Status Nrst issued DASH POINT LAUNDRY LLC Active Oct -17-2008 Contact us How are we doing? Take our survey!