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HomeMy WebLinkAboutAG 20-614 - Auntie Dessa's LLCRETURN TO: Tim Johnson EXT: 2412 C11TY111 FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT 1 !V01tIATING STAVE PERSOI: TIM JOHNSON -1 . — EXT: — 2412 -- 3. DATE REQ BY. ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDG 0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION 0 CONTRACTA NT (AG#):El INTERLOCAL X O'ITIER CARES ACT FUNIS BUSINESS SUPPORT OR,,�%NTAGREEMENT NAME OF CONTRACTOR: AUNTIE DESSA'S LLC ADDRESS: 3512 S 261ST PL, FEDERAL WAY WA 98001-5117 T ELEPHONE: (773) 671-4066 E-MAIL: AUNTIE.DESSA.SEASONINGS@GMAIL.COM SlGNATURENAME: DESSLES DEAN TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AG -�.��OMPLETIONDATE TOTAL COMPENSATION $ (INCLUDE 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: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: E3 CONTRACTOR 11 CITY RETAINAGE: RETAfNAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED 0 PURCHASING: PLEASE CHARGE TO. 001-1800-990-518-10-490 Project Code #267662-25060 -- DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED El PROJECT MANAGER ej I 5�DIRECTOR -7(/j 79 3 -, '` El RISKMANAGE MENT (IFAPPLICABLE) El LAW SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: # COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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.) rNITIAL / DATE SIGNED Ej- LA ARTMEA NT Li-� GNATiORY (MAYOR OR DIRECTOR) E] CITY CLERK 0 0 ASSIGNED AG# AG# mm ,OMMENTS: 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Auntie Dessa's 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 nokce required under this Agreement: ITY OF FEDERAL '*11,&Y: 04 DESSLES DEAN Ade Ariwoola 32200 Military Rd S #P 102, Federal Way, WA 33325 8th Ave. S. Mailing address: Federal Way, WA 98003-6325 3512 S 261' PI, KENT, WA 98032-7070 (253) 835-2414 (telephone) (773) 671-4066 (telephone) (253) 835-2509 (facsimile) auntie.dessa.seaso�@ iiin� grnail.com ade. wqRI4 ityofederalay.corn The Parties agree as follows: 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, is 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 to t; 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; 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): Was required by state or local or to close Was forced to lay off employees due to reduced patronage Incurred over $ 1,000 in COVID- 19 related expenses E] Experienced 10-50% lost revenue [A 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 CiTy OF ,or* Federal Way c) Insurance d) Utilities e) Marketing f) Payroll CITY HAL.L. 33325 Sth Aveme South Federal Way, VVA 98003-6325 (2 3) 835-7000 wwwciryo, 'Ayalvvcn�,Cow 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. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses not to exceed One Thousand and NO/ 100 Dollars ($ 1,000. 00). 4.2 Non-Aivropriation 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. 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 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 ,cxApA"tILww Grantee shall ensure that each sub -Grantee shall agvee to defend to 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 itndostlial Insurance Ad WalVer. 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. 5.3 The City agrees to release, indemnify, defend and hold the Grantee, its city OF CITY HALL 4% 33325 Sth Avenue South Federal Wc1y FederW Way, WA 98003-6325 (253) 835-7000 WWW (J1V0M3dWV1A0E1Y C0177 officers, directors, shareholders, partners, employees, agents, representatives, and submcontractors 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. 6.1 hitet iiretatioh aiid klocli fleation. This Apareement 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 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, 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 Aieement miv be executed in ani number of countemarts, each o which shall be deemed an oriwal and with 140 RWIN I I I UIR-i I 0i"ERNMIGra I I Wirt 494PIRMINIMUOMMUM-0 J—!4 I rygu I I R MR0,101 I If 11-7014MYSIMIR M "I 1 "11. "MRIM I K I IMOMMI)MMU-191 MWAVOIS: lalklwqj��� C#TY OF Federal Way CITY HALL 33325 84h Avenue South Federal Way, WA 98003--6325 (253) 835-7000 WV,VVV CifyoNederalway. con] together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce tne 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 FN WITNESS, the Parties execute this Agreement below, effective the last date written below. UCITY OF FEDERAL WAY: M Jim e ell, Mayor DATE: By: 4VCIU� --- - — --- — — ---- - ----------- --, — ----- Printed Name: DessleS Dean Title: CEO DATE: 10/9/2020 1011/2020 Washington State Department of Revenue < Business Lookup License Information: Entity name- AUNTIE DESSA'S LLC Business name: AUNTIE DESSA'S LLC Entity type: Limited Liability Company U #. 604-332-984 Business ID: 001 Location ID: 0002 Location: Active Location address: 32200 MIUTARY RD S APT P102 FEDERAL WAY WA 98001-5117 Mailing address: 3512 S 261ST PL KENT WA 98032-7070 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this locatimi License 4 Count Details Status Federal Way Home Occupation Active Business Governing Peoplefty 1.,&.d. goens mgbftmd who SecMsy of5hits Governing people TMe DEAN, DESSLES Registered Trade Names Registered trade names Status AUNTIE DESSA'S Active AUNTIE DESSA'S LLC Active View Additional Locations New search Back to results ! Expkafiom data Hmt issuance dat Aug -31-2021 Aug -25-2020 The Business Lookup information is updated nightly. Search date and time: 10/1/2020 12A9.41 PM hftps://secure.dor.wa.gov/gteunauth/—,/#2 Hirst lir cued Oct -23-2018 Aug -24-2020 0