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HomeMy WebLinkAboutAG 20-942 - Nutri Frutie OriginalRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: 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 ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER PROJECT NAME: NAME OF CONTRACTOR: NUTRI FRUTIE ORIGINAL INC. ADDRESS: 1500 S 336TH #9 FEDERAL WAY 98003 TELEPHONE 253 882-6118 E-MAIL: NUTRIFRU11010120CGMAIL.COM FAX: SIGNATURE NAME: EVELIA RODRIGUEZ BRISENO TITLE OWNER 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 $ FIVE THOUSAND AND NO/ 100 ($5,000.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (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: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW ❑ P JECT MANAGER IRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR INITIAL / DATE REVIEWED SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: DATE SENT: INITIAL / DATE APPROVED 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 SIGNET] ❑ L DEPARTMENT GNATORY (MAYOR OR DIRECTOR) I ITY CLERK 'YDS ❑ ASSIGNED AG# A ~ ;OMMENTS: 1/2020 Ger w Federal Way CITY HALL 331.5 M AL~" '.ol/1R Ferrel wo, WA 90003 GU ",. SJ i "S TOOL CARTS A(T P'11\DS HI'WNF-SN SUPPORT GRANT AGRl:1'.Mft:\'T WITH SUTRI FRUTI ORIGINAL LIA' [his Grwi Agreement ("Abmcmcnt") is made bctwrro the City of Federal NWay. a Wx hrngton municipal cawporatien 1"('Itr'). and XtAh Fruti trigonal LI -C. ;l limited haNlity axnpany (" Gra :ice -) The (1tr and ('rrantec (yvcthci "panics-) arc kKaW and do buurxs3 at the below addresxs which shall be ralyd fix an,. wo,c requtred un&r this Agreement: NUTRI FRUTIE ORIGINAL LLC: Vvelia Rodriguez Hrisew 1500S33eo9 Fcdexal w' y. WA 9SM3 \uerifnrti01ol . The Parties agree as folWwec CITY OF FF.DF.RAI, WAY: Ade Ariwools 33325 8th A%v. S. Federal Way. WA 9$t103-63.5 (253) 835-2114 (Wcphoric) (253) 835-2509 (facsimik) adeiyv;zaFfc.3csatws} . cum 1. j- vHS . This Avv0twM conwMvbw a vie -bene Swi of funds to the Grar4w render the conditions described hemim 2.1 a) b) C) d) C) f) 9) w . 71w Gra "warI dw fC00%U4-. wbkh are pm%requisitts f(x grant cligibslity: Gractm operates a btu physiWly loaoa! 'wWbun the pOitecaf boundaries of the City of Federal Way; (iranta msitMadtos a ctxreets City offederal Wry business license; 0raassae ban Paid 0 Umes and prenvocrt fees dee up to the dace of execution of this grant figrotax"- Grans mss bu a m tmpkvp not, - F tPstttt Iile eq u - .. - - - of use (1 O) full -titan cmploycca (2().800 pr sw4wttr'a wW *w aid LYnpioyetes pw yewX CMrA QC's =1 MVaW= 44 sot rtaeee db 51.5 uttHwn per yaar. Cmmw do -m not 4F'erSID at a ux-MMI0 brtmlam as del ecd by the Interns? Reverwe Service; Doe to COVID-19, Gr wom basipas (dmcd aD this apply): Q Was r+egMit W bry AM tlr IOW atdtdr 10 cioeC or ftducr * r"m ❑ Was Gamed to by off -�- , . dim to redeccd ps"aay fC ❑ lrltaurw ova i1,m w cover •l9 rebacd opo es 10-507%sm . .: ❑ FxPerimaw ova 3o% w" MVOM c 2.2 UNREL)Wk GuOm slbraaa when gtaett fmb ►trill be wed fat the f[Crllawirtg pm osm: a) hkwtpw or Rear b) P+aao■al Pr wadm 6"kptom CARES ACT HUSNUSS GRANT AGMMD" 7/M CITY OF Federal Way c) Insurance d) Utilities e) Marketing f) Payroll CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www_t-mlaffederaAvay com Grantee agrees to retain receipts documenting use of grant funds and will provide them 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. GRANT AMOUNT. 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-19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed Five Thousand and NO/100 Dollars ($5,000.00). 4.2 Non -Appropriation 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. INDEMNIFICATION. 5.1 Grantee Indemnification. 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 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 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 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, 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 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. CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 2- 7/2020 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. d4vffedera/way com 5.3 City Indemnification. 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. 6. GENERAL PROVISIONS. 6.1 Interpretation 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 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 equity 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 exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver 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 City to declare one breach 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 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. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 3- 7/2020 City Of Federal Way Crry "L soAwVM sak-0 W"y� � �a4M ice? i16'IbC� 6.3 --,s Emb itj& i," twutu-4 " Agrannem on bOWf of the Oty and [1owe mpe me rd • % het vxb kWi+i+dW is dWy wtharimd a eaooa cud ddim dria AVv=x L This AgnxcA m my be erteewod in .my ruanba of counkrpmts, arch of wbirb *AdI be deensA m orighd and widr the dFm w if dl Parties berrto bad signed floe � drereaettt. All mch ommmapau "U be conmuod unptbw a. -kJ *AU oom I'm p ow muumtcnr, bot is owk* peoof beteg f it AWI ** be eaoomasy to produce one tucb count TW. The -,igIs and r4l:srorri oet pOSM 6M mcb oowreepe is may be wembkd together to fang a singk comp med of rdl pars of *b Agr%MM and a ooaopiete see of dl sed bare a+racsrted counlarpret of floss Agreemmt sbdl be dw "drro of mutud etacu4km- herwf. IN WrrhU& the Parties exoe m this ,�Ve xmt bckm. c[xoctivc the tan dare wrWw bdow. CfIYOFfEDERA: WAY: DATE: //I NUM FRIM MGMAL LLC: Rv- Ptmrod Nm w: 6tv a ruk: D W r,.f - -- DATE: It- R- Z O Z a CARES ALT 131:i1NLSS GRAN' v ' 71.69 STATE OF WASHINGTON Limited Liability Company NUTRI FRUTI ORIGINAL LLC 1500 S 336TH ST STE 9 FEDERAL WAY, WA 98003-6327 TAX REGISTRATION - ACTIVE BUSINESS LICENSE CITY ENDORSEMENTS: FEDERAL WAY GENERAL BUSINESS - ACTIVE 1 REGISTERED TRADE NAMES: i NUTRI FRUTI ORIGINAL LLC This document lists the registrations, endorsements, and licenses authorized for the business named above. By accepting this document, the licensee certifies the information on the application was complete, true, and accurate to the best of his or her knowledge, and that business will be f conducted in compliance with all applicable Washington state, county, and city regulations. �-.-�... �"A.-�-�. ..�`.�'c�'.=�-.--•-sem...= .... ~`�_ = _ - �i'f�..�'��/�'� I Issue Date: Dec 20, 2019 Unified Business ID #: 604556325 Business ID #: 001 ' Location: 0001 Expires: Dec 31, 2020 71.E Director, Department of Revenue