AG 20-206 - Dogbgood" -gigur
OIINNMENF�M
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPTADIV: —ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ.BY. ASAP
TYPE OF DOCUMENT (CHECK ONE):
0 CONTRACTOR SELECTION DOCUMENT
11 PUBLIC WORKS CONTRACT El SMALL OR LIN41TED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
0 GOODS AND SERVICE AGREEMENT 11 HUMAN SERVICES / CDBG
El ORDINANCE 11 RESOLUTION
El CONTRACT AMENDMENT(AG#): El INTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
. PROJECT NAME: CARES ACT GRANT — ROUND 1-
E OF CONTRACTOR: DOGBGOOD, LLC
ADDRESS: 2223 S 298TH ST, FEDERAL WAY, WA, 98003 TELEPHONE: (435) 655-5333
E-MAIL: INFO@DOGBGOOD.COM
SIGNATURE NAME: JUSTIN KLEIBACKER TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL
OTHER REFERENCED EXH113ITS El PROOF OF AUTHORITY TO SIGN D REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1,000.00)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $___
IS SALES TAX OWED DYES X NO IF YES,$ PAID BY: El CONTRACTOR 13 CITY
RETAINAGE: RETAINAGE AMOUNT: _0 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAMAGE BOND
ROVIDED
N PURCHASING: PLEASE CHARGETO: 001-1800-990-518-10-49 0
El OJECT MANAGER
-DIRECTOR
El RISK MANAGEMENT (IF APPLICABLE)
El LAW
i I A tak'n I a, klvv a
09 -
SCHEDULED CommiTTEE DATE:
iCHEDULED COUNCIL DATE:
COMNUTTEE APPROVAL DATE:
COUNCIL APPROVAL
2. CONTRACT SIGNATURE ROUTING
• SENT TO VENDOR/CONTRACTOR DATESENT:DATERECID_
• ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
• C-ItElTE ELECTV-,eLTC V-EUI-k-WEC JATZQQZ I VOILIF]V PV -IDV-- TO EYPR...&TIOV D.41E
(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
�01,A-'EPAR TMENT
GN,,NTORY (MAYOR OR DIRECTOR)
F-1 CITY CLERK
— ----- — ----
0 ASSIGNED AG # AG#
1/2020
ITT OF CITY HALL
33325 5th Avenue South
Fe d e ra I Wa y Federal Way, WA 98003-5325
(253) 835-7030
w ettyoffederalway° com
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
DOGBGOOD, LLC
This Grant Agreement ("A ee et") is made" between the City of Federal Way, 'a Washington municipal
corporation ("City"), and DogBGood, LLC, a sole proprietor ("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:
: , CITY OF FEDERAL WAY:
Justin Kleibacker Ade Ariwoola
2223 S 298TH ST 33325 8th Ave. S
FEDERAL WAY, WA 98003 Federal Way, WA 98003-6325
(435) 655-5333 (telephone) (253) 835-2520 (telephone)
info@ogbgoodco (253) 835-2509 (facsimile)
ade.ariwoola@cityoffederalway.com
The Parties agree as follows:
. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
. CONDITIONS
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 ay;
) 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
) Grantee is not the recipient of other state or federal funding made available as a response
to the COVI -19 pandemic
e) Grantee's business employees no more than the equivalent of ten (10) full-time
employees (20,800 -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
) Due to'C ID -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 COVI -19 related expenses
ff Experienced 10-50% lost revenue
Experienced over 50% lost revenue
.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes:
CARES ACT BUSINESS GRANT AGREEMENT - 1 -
CITY OF C11TY HALL
33325 Sth Aveme South
A'! Federal Way, WA 98003-6325
Federal Way (253) 835-7000
wwwckyoffederalwaycom
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.
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 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.
I
5.1 Grantge 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
gation 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 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
workerscompensation acts, disability benefit acts or any other benefits acts or programs. The Parties further
acknowledge that they have mutually negotiated this waiver.
CITY HALL
33325 Sth Avenue South
Federal Way. WA 98003-6325
(253) 835-7000
wwwWyoffederalwaycorns
5.3 ON 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 termination.
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 fall 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
• 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 • above. • 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
:6fAq,a*i,Z; "Ir-Ky'r delap of the CitkTA to declare ang breach or default immediateL-kLWvon 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
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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
Pamela Jones
From:
DogBGood Team <info@dogbgood.com>
Sent:
Thursday, August 13, 2020 7:09 PM
To:
Pamela Jones
Subject:
Re: Contract for Cares Act Grant
[EXTERNAL EMAIL WARNING]
This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution
when clicking links, opening attachments, or replying to requests for information. If you have any doubts about
the
• of this email • contact IT Help Desk at x2555.
On Thu, Aug 13, 2020 at 5:02 PM Pamela Jones =Pam ela.,Fones(c_-t�cit,oft'ederalwa_v.com> wrote:
Absolutely! Here it is. You can email it back.
11'aor �Zlrew
Executive Assistant to the Mayor
City of Federal Way
33325 81h Avenue South
Federal Way, WA 98003
Phone: (253) 835-2402
Fax: (253) 835-2409
www.cityoffederalway,corn
From: Dog Good Team [mailto:info 'dog bgood.com]
Sent: Thursday, August 13, 2020 3:13 PM
To: Pamela Jones
Subject: Re: Contract for Cares Act Grant
[EXTERNAL EMAIL WARNING]
This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution
when clicking links, opening attachments, or replying to requests for information. If you have any doubts
about the validity of this email please contact IT Help Desk at x2555.
1=74MFtA
Yes, Justin is VERY much involved! If you could please email the last page, I will have him sign it tonight and
return it back to promptly.
0
U-01
. .�� 11
M
*n Thu, AugPM is Jones wrote:
The person who signed the grant isn't the person who has authority through the State's Website. Is there a
way that Justin can sign? Is Justin still involved with DogBGood? If so, then I will email the last page for his
signature. If he is not, then you will need to go onto the State's website and correct the name or add your
name to the list of people for your company.
i � #
1.1
M
C!
M: > (4 655-5333
www.doaNtood,com
M.
DogBGood
7/27/2020
Washington State Depart(nent of Revenue
Services Business Lookup DOGBGOOD
License Information:
eServices
Entity name:
KLEIBACKER, JUSTIN
Business name:
DOG GOOD
Entity type:
Sole Proprietor
IJBI #:
603-497-739
Business )D:
001
Location ID:
0002
Location:
Active
Location address:
2223 3 298TH ST CTGE
FEDERAL WAY WA 98003-4216
Mailing address:
2223 S 298TH ST
FEDERAL WAY WA 98003-4216
Excise tax and reseller permit status: Click here
Endorsements
Endorsements held at this
location License # Count Details
Federal Way General Business
Governing People May include governing people not registered with Secretary ot'State
Governing people
Title
LI AC, JUSTIN
Registered Trade Names
Registered trade names Status
DOG SPEAK Active
DOG GOOD Active
DOGKOUR Active
New search Back to results
Status Expiration date First issuanCE
Active Feb -28-2021 Feb -14-2020
View Additional Locations
The Business Lookup information is updated nightly. Search date and time: 7/27/2020 11:41:13 AM
https;//secure.dor.wa.gov/gteunauth/!#20 111