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AG 20-298 - Itoto HousefUVAOHNSON EXT: 2412 ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ. BY. ASAP —,—, 1:1 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 1:1 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION * CONTRACTA NT (AG#): El INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPOWr GRANT AGREEMENT , PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: ITOTO HOUSE ADDRESS: 32829 PACIFIC HWY S, #4882, FEDERAL WAY, WA, 98003 TELEPHONE: (206) 930-3939 E-MAIL: FELIXESHESIMUA@GMAIL.COM SIGNATURE NAME: FELIX ESHESIMUA TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: D SCOPE, WORK OR SERVICES 11 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE [I ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN L1 REQUIRED LICENSES 11 PRIOR CONTRACT/AMENDMENTS TE?1Tn: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: (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: 13 CONTRACTOR 13 CITY RETAINAGE: RETAINAGE AMOUNT: --,,—El RETAINAGE AGREEMENT (SEE CONTRACT) OR 11 RETAINAGE BOND ROVIDED El PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code # 267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED 11RECTO OJECT MANAGER R vt El- RISK MANAGEMENT (IF APPLICABLE) 0 LAW r 1. COUNCM A-PPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CCINTRACTOR DATE SEVT: ra:fl�Fb 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.j INITIALJ ATES iN-, 0- LA ..PARTMENT P GNATiORY (MAYOR OR DIRECTOR) 0 CITY CLERK El ASSIGNED AG# Ad# 1/2020 4 r3TV OF FOderal V'i ty CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffedeTalway com CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH ITOTO HOUSE This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation and Itoto House, 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: IV Felix Eshesimua J 32829 PACIFIC - FEDERAL WAY, WA 98003 I m I W*-] sug-111114 ro Lay. I aroy Im Ade Ariwoola 33325 8th Ave. S. Federal Way. WA 98003-6325 (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 tescribed 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 gave et 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): N, Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CITY Of CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www- cityoffederalway. corn a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4. GRANT AMOUNT. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -A ri ri or payment pprop ation of Funds. If sufficient funds are not approp ated or allocated f under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Grantee Indemnification. The Grantee agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attomeys, 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 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. CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vA,vwc)tyoffeden3vvqy-corn 5.3 Cij� hid6tumftati6n. 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 lg�retqtiori and Modifkati6n. 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 ani - 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 relinwishment of those covenants, &,weements or oitions, and the same shall be and remain in full force and C11CUL. rdA&J-fV (VI UUMI 01 IRV, ',,ILI LN &MIdIV MYJ VICULAI Of LCIUIAL 11 1 iateiyllon occ,#-rren e sliall not TIM 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 addon 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 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 CITY OF CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-5325 Federal Way (253) 835-7000 www cityo ederafwaycorn Agreement . 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 counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form 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 M.below. J m. ATE: :5 ' c.-' F. Printed e: C L. j x S t Title: e ,r ATE: Q, �» CARES ACT BUSINESS GRANT x x i EEMENT -4- CITY OF Federal Way Cenrter(,,,,-4 on Opportuni�y fflnl1' _N 0- IT =1 ITEM M ". Itoto House LLC 32829 PACIFIC HWY S 48 FEDERAL WAY, WA 98001 MAYOR'S OFFICE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-2400 www cityoffederalway. cram Jim Ferrell, Mayor Congratulations! Your application for the City of Federal Way's Small Business Assistance Grant (2-V/19) has been approved for $1000.00. Enclosed is a grant contract for your review and signature. Upon signature please place in enclosed addressed envelope and return with postage to the City for processing. Upon receipt, the City will process a check to your business. Should you have any questions, contact the City of Federal Way's Small Business Assistance Grant hotline We are committed to helping businesses like yours! Should you have any questions on business issues or on the economy, please contact our Director of Economic Development, Tim Johnson at 253-835- 2412. Best Wishes! Jim Ferrell Mayor Services Buis�,ness Laokup,� ff0'10 HOIUSE License Information: Entity name: ITOTO HOUSE LLC Business name: ITOTO HOUSE Entity type: Limited Liability Company UBI #: 603-520-294 Business ID: 001 Location ID: 0001 Location: Active Location address: 32829 PACIFIC HWY S UNIT 4882 FEDERAL WAY WA 98003-6476 Mailing address: 32829 PACIFIC HWY S UNIT 4882 FEDERAL WAY WA 98003-6476 Excise tax and reseller permit status: Click here Secretary of State status: Click here New search Back to results Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuanCE Federal Way General Business Active Jul -31-2021 Jul -21-2020 Governing People may include governing people not registered with Secretary of State Governing people Title ESHESIMUA, FELIX ESHESIMUA, MONICA ITOTO HOUSE ORGANIZATION OMOBUMEH,CLS OWUSU, JEPHTHAH https://secure.dor.wa.gov/gteunauth/—/#305 1/1 Business Name: ITOTO HOUSE LLC UBI Number: 603520294 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 32829 PACIFIC HWY S # 4882, FEDERAL WAY, WA, 98003-6476, UNITED STATES Principal Office Mailing Address: 32829 PACIFIC HWY S # 4882, FEDERAL WAY A, 98003-6476, UNITED STATES , W 11 . 1M.M 110191 IPA Y4 Jurisdiction: UNITED STATES, WASHINGTON FormationJ Registration Date: 06/30/2015 '- -1 U x U a N IM Nature of Business: OTHER SERVICES, EDUCATIONAL SERVICES SPONSORSHIP DONATIONS MENTORSH COACHING AND GENERAL STUDENT ASSISTANCE PROGRAM SERVICES I REGISTERED AGENT INFORMATION Registered Agent Name: FELIX ESHESIMUA Street Address: 32829 PACIFIC RNVY S # 48825 FEDERAL WAY, WA, 98003-6476, UNITED STATES Mailing Address: GOVERNORS Title Governors Type Entity Name First Name as Name GOVERNOR INDIVIDUIA FM GOVERNOR INDIVIDU GOVERNOR INDIVIDU GOVERNOR ENTITY GOVERNOR INDIVIDUI I FELIX ESHESIMUA JEPHTHAH OWUSU CHARLES OMOBUMEH MONICA ESHESIMUA MONICA ESHESI MUA https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/1