Loading...
AG 20-148 - Basil BasilRETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TINT 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: CARES ACT GRANT RESTAURANT AMENDMENT NAME OF CONTRACTOR:BASIL BASIL LLC ADDRESS: 2318 SW 336TH ST TELEPHONE: (253) 754-5255 E-MAIL: LOVEBASILTHAI@GMAIL.COM SIGNATURE NAME: LADARwAN SAELEE TITLE: SEE ATTACHED 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 $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) FIVE THOUSAND AND NO/100 ($5,000) (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: ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW ❑1jP Q�TECT MANAGER B-151RECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAI.(IF APPLICABLE) 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE INITIAL / DATE REVIEWED SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: DATE SENT: INITIAL / DATE APPROVED I—.2,2— 2C� 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 SIGNED ❑ LAW DEPARTMENT J;�ATORY (MAYOR OR DIRECTOR) I (CITY CLERK 111 I-V ❑ ASSIGNED AG# 20-1486 _ ;OMMENTS: 1/2020 ` CITY OF CITY HALL Federal a� 33325 8th Avenue South Federal Way, WA 980o03-6325 (253) 835-7000 www ciryoffederalway. com AMENDMENT NO. 1 TO CARES ACT BUSINESS SUPPORT GRANT AGREEMENT WITH BASIL BASIL LLC This Amendment ("Amendment No. V) is made between the City of Federal Way, a Washington municipal corporation ("City"), and Basil Basil LLC, a limited liability company ("Grantee"). The City and Grantee (together "Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement ("Agreement") dated effective November 17, 2020, as follows: 1. AMENDED COMPENSATION. The amount of the grant, as referenced by Section 4 of the Agreement, shall be amended to change the total grant the City shall pay the Grantee as delineated in Exhibit A-1, attached hereto and incorporated by this reference. Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of payment of this Agreement. 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. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. [Signature page follows] AMENDMENT - 1 - 3/2017 IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL -WAY: M Jim DATE: BASIL BASIL LLC: By: Printed Name:�C��'W Title:i,�llq,. A WnBY Date: A�1 �G\ � v7't AMENDMENT - 2 - 3/2017 Clry OF CITY HALL Fe d e ra I a Feder 8th Avenue South Federal Way. VVA 98003-6325 �r' (253) 835-7000 ,mont,oyoffederalway.com EXHIBIT A-1 ADDITIONAL COMPENSATION 1. Total Compensation: In order to promote economic activity in the City and in response to losses incurred due to the COVID-19 pandemic, the City shall provide an additional grant amount not to exceed Five Thousand and NO/100 Dollars ($5,000.00). The total amount payable to Grantee pursuant to the original Agreement and this Amendment shall be an amount not to exceed Five Thousand and NO/100 Dollars ($5,000.00). AMENDMENT - 3 - 3/2017 RETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DN: 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 ❑ CONTRACTAMENDMENT(AG#): ❑ INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND 1 on 6 5 �� L L� NAME OF CONTRACTOR: BASIL, THAI RESTAURANT rNk ADDRESS: 2318 SW 336TH ST, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 754-5255 E-MAIL: LOVEBASILTHAI@GMAIL.COM SIGNATURE NAME: SAELEE SAELEE TITLE: SEE ATTACHED 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: SEE ATTACHED 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: ❑ YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES RETAINAGE: RETAINAGE AMOUNT: X NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: OOI -1840-990-518-IO-490 Ptajeci Cade # 26662-25060 _ 0. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER C�IRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) 2. CONTRACT SIGNATURE ROUTING INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL, DATE: COUNCIL APPROVAL DATE: ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ 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 ❑ LA PARTMENI rr B LAw 7-28-20 GNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK l4 �i0 ❑ ASSIGNED AG# ;OMMENTS: 1/2020 CITY OF Federal Way CARES ACT FUNDS BASIL CITY HALL 33325 8th Avenue South Federal Way, OJA 98003-6325 (253) 835-7000 www cityoffederdiway. corn SUPPORT GRANT AGREEMENT LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Basil Basil LLC, a limit(d liability company ("Grantee"). The City and Grantee (together "Parties") are located and do business at he below addresses which shall be valid for any notice required under this Agreement: BASIL BASIL LLC: Ladarwan Saelee 2318 SW 336TH ST FEDERAL WAY, WA 98023 (253) 754-5255 (telephone) lovebasilthai@gmail.com The Parties agree as follows: 1. TERM. This agreement contemplates a described herein. 2. CONDITIONS OF GRANT 2.1 Warranties. The Grantee warrants the f a) Grantee operates a business phl of Federal Way; b) Grantee maintains a current Cit, c) Grantee has paid all taxes and grant agreement d) Grantee is not the recipient of o to the COVID-19 pandemic e) Grantee's business employee$ employees (20,800 man-hours %( fl Grantee's net revenues do not 03 g) Grantee does not operate as a I Service h) Due to COVID-19, Grantee buji ❑ Was required by Was forced to lay ❑ Incurred over $ l;I Experienced 10-6 Experienced over CARES ACT BUSINESS GRANT AGREEMENT CITY OF FEDERAL WAY: Ade Ariwoola 33325 8th!Ave. S. Federal Way, WA 98003-6325 (253) 835;2520 (telephone) (253) 8352509 (facsimile) ad e. ariwoo l a@ cityo ffede ralway. com grant df funds to the Grantee under the conditions ng, which are pre -requisites for grant eligibility: y located within the political boundaries of the City of Federal Way business license 10vernment fees due up to the date of execution of this state or Federal funding made available as a response do more than the equivalent of ten (10) full-time 41 for all employees per year). 'eed more than S 1.5 million per year x -exempt business as defined by the Intemal Revenue (check all that apply): or local order to close employees due to reduced patronage in COVID-19 related expenses lost revenue o lost revenue ,ACITY OF �, Federal Way 2.2 Use of Funds: Grantee affirms that grant a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use designee upon request. 3. TERMINATION. Should any of the con& may recover all disbursed grant funds and terminate 4. GRANT AMOUNT. 4.1 Amount. In order to promote healthy Grantee has incurred due to the COVID-19 pandemic not to exceed Two Thousand and NO/100 Dollars ($! 4.2 Non -Appropriation of Funds. If suj under this Agreement for any fiscal period, the agreement. 5. INDEMNIFICATION. 5.1 Grantee Indemnification. The Grante� elected officials, officers, employees, agents, repres any and all claims, demands, actions, suits, causes awards, injuries, damages, liabilities, taxes, losses, fi litigation expenses to or by any and all persons or ear licensees, or representatives, arising from, resultir performance of this Agreement, except for that poi Should a court of competent jurisdiction determine tl event of liability for damages arising out of bodil resulting from the concurrent negligence of the Gran only to the extent of the Grantee's negligence. Grant and indemnify the City, its elected officials, officers, volunteers to the extent and on the same terms and City's inspection or acceptance of any of Grantee's these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It waives any immunity that may be granted to it un RCW, solely for the purposes of this indemnificatic by any limitation on the amount of damages, cowl workers' compensation acts, disability benefit acts CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederslway, coin will be used for the following purposes: grant funds and will provide them to the City or its i described in section 2.1, above, not be met, the City agreement. )mic activity in the City and in response to the losses City shall provide a grant to the Grantee in an amount 00). funds are not appropriated or allocated for payment will not be obligated to make payments under this ees to release indemnify, defend, and hold the City, its fives, insurers, attorneys, and volunteers harmless from ction_ arbitrations, mediations, proceedings, judgments, fees, penalties expenses, attorney's fees, costs, and/or s, including, without limitation, their respective agents, from, or in connection with this Agreement or the n of the claims caused by the City's sole negligence. Pus Agreement is subject to RCW 4.24.115, then, in the awry to persons or damages to property caused by or and the City, the Grantee's liability hereunder shall be shall ensure that each sub -Grantee shall agree to defend aployees, agents, representatives, insurers, attorneys, and �ditions as the Grantee pursuant to this paragraph. The fk when completed shall not be grounds to avoid any of ificalIy and expressly understood that the Grantee Washington State industrial insurance act, Title 51 fee's indemnification shall not be limited in any way a or benefits payable to or by any third party under other benefits acts or programs. The Parties further CARES ACT BUSINESS GRANT AGREEMENT 111 - 2 - 4% CITY OF Fe d e ra I Way acknowledge that they have mutually negotiated 5.3 Citv indemnification. The City agi officers, directors, shareholders, partners, emplo; from any and all claims, demands, actions, sui judgments, awards, injuries, damages, liabilities, and/or litigation expenses to or by any and all per agents, licensees, or representatives, arising from, i solely caused by the negligent acts, errors, or orris, 5A Survival. The provisions of this Agreement with respect to any event occurring pi 6. GENERAL PROVISIONS. 6.1 inte�retation and Modification. Th with respect to any matter covered or mentioned whether oral or written, shall be effective for any invalid, inoperative, null and void, or illegal shall i such other provisions shall remain in full force provision, may be amended, waived, or modifies representatives of the Parties. 6.2 Enforcement. Any notices required E set forth at the beginning of this Agreement. Any notice or may be deposited in the United States mai so posted in the United States mail shall be deers remedies provided for under the terms of this cumulative with all other remedies available to the + insist upon strict performance of any of the cave exercise any option conferred by this Agreement in or relinquishment of those covenants, agreements a effect. Failure or delay of the City to declare any bri such breach or default. Failure of the City to declare right to declare another breach or default. This Ag accordance with the laws of the State of Washington claim arising from this Agreement, the exclusive m by fling suit under the venue, rules and jurisdii Washington, unless the parties agree in writing to does not have jurisdiction over such a suit, then suit Washington. Each party consents to the personal 7 Washington and waives any objection that such cc claim or lawsuit arising from this Agreement, eacl expenses incurred in defending or bringing such cla recovery or award provided by law; provided, hove limit the Parties' rights to indemnification under Sec 6.3 Execution. Each individual CITY HALL 33325 8th Avenue South Federal Way. WA 98003-6325 (253)835-7000 avww olyoffederalway con) ver. 4o release, indemnify, defend and hold the Grantee, its agents, representatives, and sub- contractors harmless auses of action, arbitrations, mediations, proceedings, �s, fines, fees, penalties expenses, attorney's fees, costs, or entities, including without limitation, their respective ting from or connected with this Agreement to the extent of the City. on shall survive the expiration or termination of this such expiration or termination. ,greement contains all of the agreements of the Parties his Agreement and no prior statements or agreements, pose. Any provision of this Agreement that is declared way affect or invalidate any other provision hereof and effect. No provision of this Agreement, including this .ce:pt by written agreement signed by duly authorized a given by the Parties shall be delivered at the addresses ces may be delivered personally to the addressee of the )stage prepaid, to the address set forth above. Any notice received three (3) days after the date of mailing. Any gement are not intended to be exclusive, but shall be F at law, in equity or by statute. The failure of the City to its and agreements contained in this Agreement, or to or more instances shall not be construed to be a waiver ~tions, and the same shall be and remain in full force and i or default immediately upon occurrence shall not waive e breach or default does not act as a waiver of the City's went shall be made in, governed by, and interpreted in 'the Parties are unable to settle any dispute, difference or s of resolving that dispute, difference, or claim, shall be a of the King County Superior Court, King County, alternative process. If the King County Superior Court y be filed in any other appropriate court in King County, diction of the state and federal courts in King County, i are an inconvenient forum. If either Party brings any xty shall pay all its legal costs and attorney's fees and )r lawsuit, including all appeals, in addition to any other however nothing in this paragraph shall be construed to 5 of this Agreement_ this Agreement on behalf of the City and Grantee CARES ACT BUSINESS GRANT AGREEMENT I 11 -3 - CITY OF Federal Vila represents and warrants that such individual is di Agreement may be executed in any number of coux the same effect as if all Parties hereto had signed t together and shall constitute one instrument, but ii one such counterpart. The signature and acknowl together to form a single instrument comprised signature and acknowledgment pages. The date i counterpart of this Agreement shall be the "date of I IN WITNESS, the Parties execute this Agreement b CITY OF FEDERAL WAY: Jim Ferrel ayor DATE: BASIL B. SIL L By. .. Printed Name: L &J,1.�`s-LuC� Title: ��1n41S t'Y DATE: CITY HALL 33325 8th Avenue South Federal Way. WA 98003--6325 (253) 835-7000 www ciryoffedera/way com ithorized to execute and deliver this Agreement. This Lrts, each of which shall be deemed an original and with me document. All such counterparts shall be construed ting proof hereof it shall only be necessary to produce ;ent pages from such counterparts may be assembled I pages of this Agreement and a complete set of all which the last of all of the Parties have executed a A execution" hereof. , effective the last date written below. CARES ACT BUSINESS GRANT AGREEMENT I 1 - 4 - 7/24/2020 eServices Washington Mate Department of Revenue Services Business Lookup BASIL THAI RESTAURANT License Information: New search Back to results Entity name: BASIL BASIL LLC Business name: BASIL THAI RESTAURANT Entity type: Limited Liability Company UBI #: 603-507-510 Business ID: 001 Location ID: 0001 Location: Active Location address: 2318 5W 336TH ST FEDERAL WAY WA 98023-2848 Mailing address: 2318 5W 336TH ST FEDERAL WAY WA 98023-2848 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 Federal Way General Business 15 -102708 -00 -BL Active May -31-2021 Jun -10-2015 Restaurant Beer & Wine 77803 Active May -31-2021 Jul -21-2015 Governing People May include governing people not registered with secretary of state Governing people Title SAELEE, LADARWAN Registered Trade Names Registered trade names Status First issued BASIL THAI Active Jun -02-2015 BASIL THAI RESTAURANT Active Jun -02-2015 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:33:00 PM Working together to fund Washington's future Ups://secure.dor.wa.gov/gteunauth/ /#144 1/1