Loading...
AG 20-671 - Rossi Auction GroupRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV. —ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ.BY., ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CG El REAL ESTATE -DOC - T 0 SECURITY DOCUMENT-(E.G. BOND RELATED DOCUMENTS) 11 ORDINANCE Ei RESOLUTION 11 CONTRACTA NT (AG): DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: CARES ACT GRANT _'ROU D 2 6. NAME OF CONTRACTOR: Rossi AUCTION GROUP LLC ADDRESS: PO Box 4344, FEDERAL WAY, WA 98063 T ELEPHONE. (206) 679-6147 E-MAIL: KAREN.ROSSI@COMCAST.NET SIGNATURE NAME: KAREN Rossi TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 11 SCOPE, WORK OR SERVICES ElCOMPENSATION D INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXH113ITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 9. TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 DOLLARS ($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: $® IS SALES TAX OWED El YES X NO IF YES,$ PAID BY: El CONTRACTOR 11 CITY RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-1 10. DOCUMENT/CONTRACT REVIEW El PROJECT MANAGER RECTOR El RISK MANAGEMENT (IF APPLICABLE" 0 LAW INITIALl DATE REVIEWED INITIAL DATE APPROVED Aa -I SCHEDULED COMNUTTEE DATE: COETTEE APPRovAL DATE: SCHEDULED COUNCIL DATE: CouNcri, APPRovAL DATE: 12. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS E] 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 11 LAW DEPARTMENT I I &-SMNATORY (MAYOR OR DIRECTOR) 1:1 CITY CLERK to 4(l ZA07 El ASSIGNED AG# AG�# COMMENTS: ChTy OP MTY, HALL 3,3325 8th Avenue South Federal Way Feden,,.,i! Way, V%,% 980034632,51 (2253) 835-7,`000 movviv cdY0hh,-,!,.Je, coin CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WITH ROSSI AUCTION GROUP LLC This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal corporation ("City"), and Rossi Auction Group 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: KAREN ROSSI 406 S 304th St, Federal Way, WA 98003 Mailing address: PO Box 4344, Federal Way, WA 98063 (206) 679-6147 (telephone) 04T"=* 11 Fil 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. I I 9RUJOEM, . L I Warranties: The Grantee warrants the following, which are pre -requisites for grant eligir - . eal 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's business employs no more than the equivalent of to (10) full-time employees (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed more than $1.5 million per year; f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) 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 $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment q 7/2024 rfl'y OF Federal Way c) Insurance d) Utilities e) Marketing F) Payroll D7Y HIALL 3'3325 8th Avenue Scxah Fei, eraIVIVav, 1 98003-6',-,25 (2 ,') E,33F-�--7�`OCC ), wmv Con) V17 - - M, 0 1 W Ily -or ils aesi upon request. 1ViX$XTL;JdrA1#1t; 0 1 g-*i4-ff!,J v4sle ty I No NIL.% I RUIL-41 fill I I KIPS; I I RNW14.1 go 4 F 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/1 00 Dollars ($ 1,000. 00). 4.2 Non:A Spropd9ipq-pfTpW§. If sufficient funds are not appropriated or allocated for payment under this A�u,-eerm��'iscal neriod- t'�e CiV will -rotVe-3 - --,, 01guILS&I "I, 5.1 Qraqtqe 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 a 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 comvetent jurisdiction determine that this Agreement is subect to RCW 4.24.115, them in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from 10M 11 11115 11 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 Insumnee Act Waiver. It is specifically and expressly understood that the Granteor" 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 inderrinification 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 ftirther acknowledge that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 COTY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, %NA 98003-6325 )835-7000 5.3 Qy . The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 ,,gnLes tqS including without limitation jjg_ A and all persons or entities 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 hilel Dretation 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 v ,.xovisions shall remain in full force and effect. No provision of this Agreement,, including t his Tvmak-b xxislan vvi -_. -, -t 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 threc-a)—d-Wrs 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 opAions, and the same shall be and remain in full force a-Tv+cVect- Egilure alLadil- roll D ITZKON&TA V11TS Mq F. I 2Z. I i 1120M.M711TA rt MM ri 111 rt 77-1 WM- RIT&TWITITI-210M.1.173-T&S. 110MIMM V-143 in RECTITUMUT 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 Drocess. If the Vi-t.g Coaj vcn-C-owt RUN # flas 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, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 CY, Ic,,Iei 4zry, wch o which shall be deemed an oriiinal and with the same effect wbor *f co NY slun cunlitaprik, 0.31Y fle consf, as ii an frarLIeS nerejo HHU SjgneU KJO _,,jfnF1oc1v-MMr A constitute one instrutnent, 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 fon-n 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. Printed Name: Title: CD-awn'u- DATE: 'T4" CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 C11 Y Of, UTVHALL Fe 'eral d Way X3325 8th Avenue SOUth Federa; V%?ay,,,,,VA 98003-6325 (253; 835-7000 CY, Ic,,Iei 4zry, wch o which shall be deemed an oriiinal and with the same effect wbor *f co NY slun cunlitaprik, 0.31Y fle consf, as ii an frarLIeS nerejo HHU SjgneU KJO _,,jfnF1oc1v-MMr A constitute one instrutnent, 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 fon-n 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. Printed Name: Title: CD-awn'u- DATE: 'T4" CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 Washington State Department of Revenue < Business Lookup WTI r?-IrTf.n "Li rw =. Entity name. ROSSI AUCTION GROUP LLC Business name: EVERGREEN EVENT SERVICES Entity type: Limited Liability Company UBI 602-974-445 Business ID, 001 Location ID: 0001 Location: Active Location addrow. 406 S 304TH ST FEDERAL WAY WA 98003-4017 Mailing address: ED BOX 4344 FEDERAL WAY WA 98063-4344 Excise tax and reseller permit status: Secretary of to status: Endorsements Endorsements held at this location License # Count Federal Way Home Occupabon 09 -105010 -00 -BL Business Governing Peoplerx e re .yafsko Governing people ROSSI, JOSEPH ROSSI, KAREN 7Registered trade names at r EVERGREEN EVENT SERVICES N 0111111111111M 111111111 Status Active The Business Lookup information is updated nightly. Search date and time: 10/1120204:40:06 PM Contact us How are we doing? 'Fake at- jurvey! New search Backtonesuitl; Expiration date Fhst issuaince date Jan -31-2021. Jan -08-2010 Nrst flssued Jan -04-2010