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AG 20-455 - Dash Point ChevronRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: -TIM JOHNSON—. EXT: _2412 3. DATE Q. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) 0 PUBLIC WORKS CONTRACT El SMALL OR LE\4ITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDBG 0 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION * CONTRACT AMENDMENT (AG#): El INTERLOCAL * OTHER CARES ACT FUNDS 13USINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: DASH POINT CHEVRON ADDRESS: 1650 SW DASH POINT RD, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 790-4894 E-MAIL: suKH0912@YAHOO.COM SIGNATURE NAME: MINHAS MINHAS TITLE: SEE ACHED EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES Ll COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS i TERM: COMMENCEMENT DATE: SEE ATrACHED AGREEMENT _—COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) Two THOUSAND AND NO/100 ($2,000.00) (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. 1:1 CONTRACTOR ID CITY RETAINAGE: RETAINAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR 11 RETAINAGE BOND PROVIDE 19 PURCHASING: PLEASE CHARGE TO: 001-1800- 10-518-10-490 Project Code # 267662-2506Q 0. DOCUMENT/CONTRACT REVIEW El PROJECT MANAGER El DIRECTOR El RISIS MANAGEMENT (IF APPLICABLE) 0 LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 0 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D,-- El 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 SIGNED By LAW 07-28-20 E:1 SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK W g I@ YW El ASSIGNED AG# AG#, 1/2020 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 mw cityoffederalway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH V,S EVa_VW, This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Sars, Enterprises 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 required under this Agreement: SARS ENTERPRISES LLC: CITY OF FEDERAL WAY: Sukhjit Minhas Ade Ariwoola 1650 SW Dashpoint RD, Federal Way, WA 98023 33325 8th Ave. S. Mailing address: 5160 S 170th St, Seatac, WA 98188 1 Federal Way, WA 98003-6325 "253) 835-2520 (telephone) k 835-2509 (facsimile) k I . . . . . . . . . . . . . . 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 pandemic 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 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: CITY OF UTY HALL 44%33325 Sth Avenue South 4W Federal Way Fed94 Way, WA 98003-6325 (253) 835-7000 ,vLir,city offeder�ilty�iycoax 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 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. ■ WR kVJ M IMP - OLIJ 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 Two Thousand and NO/100 Dollars ($2,000.00). 4.2 Non-Aporopriation of "nds. If sufficient funds are not appropriated or allocated fr pa en o ym t under this Agreement for any fiscal period, the City will not be obligated to make payments under this Ygreement. 5. INDEMNIFICATION. 5.1 Grantee Indompification. 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 )MAiyg. It is specifically and expressly understood that the Grante*- 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- CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way VVA 98003-6325 (253) 835-7000 wmv cityoffederalway. cern 5.3 Cibi Indemnificatioh. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors 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 tennination. 6.1 hiteniretation 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 [!,rovision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. li+T�Pluvfuu&, nowever, nowever nothing in mis paragraph shall be construed ta. limit the Parties' ri�hts to indemnification under Section 5 of this Agreement. I 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 CARES ACT BUSINESS GRANT AGREEMENT -3 - city OF Federal Woy CITY HALL 33325 3th Avenue South Federal Way WA 003-5325 (253) 335-7005 www atyoffederalway. corn 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 r shall constituteone but proof ` i only be necessaryi produce one i iaThe signature and acknowledgment pages from such counterpartsmay be assembled together to form. single instrument comprised i pages of Agreement and a i r _ set of signature and acknowledgment pages. The i.'i' upon which the last of all of the Parties have executed a counterpart of . be the "dateof .execution"hereof. AgreementIN WITNESS, the Parties execute this below, . date i ATE: DASH POINT CHEVRON: By: Printed Name: Title: ATE: 3 l ' 0 Z• D 7/25/2020 eServices Services Business Lookup DASH POINT CHEVRON License Information: New search Back to results Entity name: BARS ENTERPRISES LLC Business name: DASH POINT CHEVRON Entity type: Limited Liability Company U #: 603-369-459 Business ID: 001 Location ID: 0001 Location: Active Location address: 1650 SW DASHPOINT RD FEDERAL WAY WA 98023-4530 Mailing address: 5160 S 170TH ST SEATAC WA 98188-3258 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance Cigarette Retailer Active Jan -31-2021 Feb -07-2014 Federal Way General Business 14 -100451 -00 -BL Active Jan -31-2021 Feb -04-2014 Grocery Store Beer/Wine 080839 Active Jan -31-2021 Jul -10-2014 Liquid Fuel Meter - Low 24 Active Jan -31-2021 Jun -11-2014 Lottery Retailer 270991 Active May -04-2015 LP Gas Meter - Small 1 Active Jan -31-2021 Jun -11-2014 Tobacco Retailer - No Fee Active Jan -31-2021 Feb -07-2014 Underground Storage Tank 2 View Tanks Active Vapor Product Retailer Active Jan -31-2021 Sep -12-2016 Governing People May Include governing people not registered with Secretary of State Governing people Title KAUR, RUPINDER Registered Trade Names Registered trade names Status First issued DASH POINT CHEVRON Active Jan -26-2014 BARS ENTERPRISES LLC Active Dec -17-2018 The Business Lookup information is updated nightly. Search date and time: 7/25/2020 4:30:41 PM https://secure.dor.wa.gov/gteunauth/,/#325 1/2