AG 20-207 - Dumas Bay Limousinerr#��
EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: ECONOMIC DFVF-LOPM ENT
ORIGINATING STAFF PERSON:
_11YM EXT: _ 2412 3. DATE REQ. BY_,_AsAp
El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT
0 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CDBG
0 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE El RESOLUTION
El CONTRACT AMENDMENT (AG#):_ El INTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SLIPPOVC17 GRANT AGREEMENT
. PROJECT NAME: CARES ACT GRANT - ROtj ND I
NAME OF CONTRACTOR: AS BAY LIMOUSINE
ADDRESS: 31007 39TH AVE SW, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 221-1987
E-MAIL: DUMASBAYLIMOUSINE@COMCAST.NET
SIGNATURE NAME: WALKER WALKER TITLE: SEF-- N-FTACHED
EXHIBITS AND ATTACHMENTS: I] SCOPE, WORK OR SERVICES L1 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE ED ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: _-�jEE COMPLETIONDATE:
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($ 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 OYES X NO IF YES, $---- PAID BY: El CONTRACTOR L1 CITY
RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGF- BOND PROVIDE
0. DOCUMENT/CONTRACT REVIEW
D PROJECT MANAGER
1:1 DIRECTOR
11 RISKMANAGEMENT (IF APPLICABLE)
El LAW
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SCEEDULED CommirrEE DATE: COMMITTEE APPROVAL DATE:
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• SENT TO VENDOR/CONTRACTOR DATE SENT: — DATE REC5D:--
• ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
• CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TOEXPIRATION 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
_SIGNED BY LAW 07-28-20
• SIGNATORY (MAYOR OR DIRECTOR)
El CITY CLERK
0 ASSIGNED AG# A P!
1/2020
CITY OF
F�deral Vft
CrFY HALL
33325 Sth Avenue South
Federal Way,. WA 98003-6325
(253) 835-7000
www cityoffederalway corn
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
DUMAS BAY LIMOUSINE
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("City"), and Dumas Bay Limousine, 11c, 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 required under this Agreement:
1111JUMAIvy 1111%,A a 10y U8110 113 X
Kevin Walker
31007 39TH AVE SW
FEDERAL WAY, WA 9801
(253) 221-1987 (telephone)
Ade Ariwoola
33325 8th Ave. S.
Federal Way, WA 98003-63P�
(253) 835-2520 (telephone)
(253) 835-2509 (facsimile)
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
2. CONDITIONS OF GRANT
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
grant agreement
d) Grantee is not the recipient of other state or federal funding made available as a response
to the COVID-19 pandernic
e) Grantee's business employees no more than the equivalent of ten (10) full-time
employees (20,800 man-hours total for all employees per year).
f) Grantee's net revenues do not exceed more than $1.5 million per year
g) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue
Service
h) Due to COVID- 19, Grantee business (check all that apply):
Was required by state or local order to close
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:
CITY OF CITY HALL
33325 8th Avenue South
Am:* Federal Way, WA 98003-6325
Federal Way (253) 835-7000
mvw cityoffederalway com
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 them to the City or its
desigriee 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
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NO/100 Dollars ($1,000.00).
4.2 Nori-Awrootiation 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 Grantee Inde fitation. 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 hisura= 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.
'S CITY Of
AN
, �� F�6dara I V%by
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www atyoffederalway cc m
5.3 City h1deniftifitAtibn. The City agrees to release, indemnify, defend and hold the Grantee, its
officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harrnless
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 Ittgpretation, AM 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
• 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
• 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�j be dQ!,osited in the United States mail, �,rostage 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
or relinquishment ot those covenants, agreements or options, ana the same shall 6e ana remain in ruil torce anct
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 Citys
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 ng 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, however nothing in this paragraph shall be construed to
limit the Parties' rights to indemnification under Section 5 of this t•..
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
CrrY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
WWW cifyoffe(yeralway com
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
together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce
one such counterparL The signature and acknowledgment pages from such counterparts may be assembled
together to forrn 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:
vJim Ferrell, Mayor 4�4e— 0 kgq
DATE:
DUMAS BA 'LIMOUSINE:
By:
Printed Name:P—
Title:
a Oman d tiv]641 1211
7/24/2020 eServices
,-gto,n SUate Departrnerit of Revev-u'c"
Services Business Lookup DUMAS BAY LIMOUSINE
License Information:
Expiration date
Entity name:
DUMAS BAY LIMOUSINE LLC
Business name:
DUMAS BAY LIMOUSINE
Entity type:
Limited Liability Company
UBI #:
604-092-455
Business ID:
001
Location ID:
0001
Location:
Active
Location address:
31007 39TH AVE SW
FEDERAL WAY WA 98023-2179
Mailing address:
31007 39TH AVE SW
FEDERAL WAY WA 98023-2179
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
Limousine Carrier
Limousine Vehicles
3
Governing People ay include governfng people notregistered with Secretary of State
Governing people
Title
ALICE® CLAIRE
WALKER, KEVIN
Registered Trade Names
New search Back to results
Status
Expiration date
Active
Dec -31-2020
Active
Feb -28-2021
Active
Feb -28-2021
First issuancE
Jan -02-2020
Jul -18-2017
Jul -18-2017
Registered trade names Status First issued
DB LIMO Active Feb -01-2019
DUMAS BAY LIMOUSINE Active Jul -03-2017
The Business Lookup information is updated nightly. Search date and time: 7/24/2020 4:08:16 PM
https://secure.dor.wa.gov/gteunauth/,/#320 1/1