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Home My WebLink AboutAG 20-199 - David L. ThorstadRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: —ECONOMIC DEVELOPMENT------.------_—. ORIGINATING STAFF PERSON: -_LIN4 JOHNSON_,____--- EXT: 2412 3. DATE REQ � BY. ASAP D PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 1:1 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG F-1 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE El RESOLUTION El CONTRACT AMENDMENT (AG#):_ El INTERLOCAL X OTHER., CARES ACT FUNDS BUSINESS SUPPORT GRANTAGREEMENT PROJECT NAME: CARES ACT GRANT —,ROUND I I NAME OF CONTRACTOR: DAVID L. CHORSTAD ADDRESS: 406 S 289TH ST, FEDERAL WAY, A,-98003 TELEPHONE: (253) 941-4850 E-MAIL: DLTARCHITECT@COMCAST.NET SIGNATURENAME: THORSTADTHORSTAD TITLE: SEE,ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 11 A OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES E] PRIOR CONTRACT/AMENDMENTS i TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($1,00000) (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 OYES X NO IF YES, $ PAID BYD CONTRACTOR 0 Crry RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE 0. DOCLTMENT/CONTRACT REVIEW El PROJECT MANAGER E-1 DIRECTOR El RISKMANAGEMENT (IP APPLICABLE) El LAW SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: PA Kw -41 13 1 - M LT -41 wl if RM III a I I i � COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: D ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERJNOTIFICATION 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 0 LAW DEPARTMENT SIGNED By LAW 07-28-20 El SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK 0 ASSIGNED AG# ,OMMENTS: 1/2020 This Grant Agreement ("Agreement' ') is made between the City of Federal Way, a Washington municipal corporation ("Cityand David L. Thorstad, a sole proprietor ("Grantee"). The City and Grantee (together 'Tarties") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: 406 S 289TH ST FEDERAL WAY, WA 98003 a 9 1 0 - 0IMIUMM=_ MuffirallUMM9 ., * I rm � = � OF FEDERAL WAY: Effir4EVVIV374m, 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 described herein. 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 ftmding made available as a respons,* 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 fl) Due to COVID- 19, Grantee business (check all that app■ly): Was required by state or local order to close Was forced to lay off employees due to reduced patronage F]-. over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT - 1,- CITY OF CITY HALL 33325 S. Avenue South & Federal Way, WA 98003-6325 835-7000 www cityoffederalway com a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant fimds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant fimds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non -Appropriation of Funds. If sufficient fimds 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. 5.1 Grantee Indemniffication. 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 comvetent -urisdiction determine that this A- eement is sub,�ect 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 indemn' Cil`em its elected offici 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 covenqjts of i-tde-fvtificatioift. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee warvo 4" immunity that �may be gronted �10 it under the Washivm State industrial insurance act� Tifle51 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 A% Federal Way vmbv� CrrY ?NALL 33325 Sth Avenue South Feliered We (253) 835-7000 Nww cityoffederalway com A-greelmenvulaj De MET= 711 anj, 713-17716er ol cotIMLE-Qurt 111 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 producQ 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 2 counterpart of this Agreement shall be the "date of mutual execution" h - +a Pais execute this Agreement below, effective the last date written below. Jim els, DATE: lawyj I an V. -M a IS W-UMMIM�-ul Title: DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- - I ---- 7/24/2020 tate of' R, -avenue Services BusinessLookup DAX/O L T14,ORSTPkD License Information: eServices Entity name: THORSTAD, DAVID LEE Business name: DAVID L THORSTAID Entity type: Sole Proprietor UBI #: 600-329-351 Business ID: 001 Location ID: 0001 Location: Active Location address: 406 S 289TH ST FEDERAL WAY WA 98003-3609 Mailing address: 406 S 289TH ST FEDERAL WAY WA 98003-3609 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Architect Firm View Architects Federal Way General Business 99 -105922 -00 -BL Governing People May include governing people not registered with Secretary of State Governing people Title THORSTAD, DAVID LEE Registered Trade Names Registered trade names Status DAVID L. TSTA D ARCHITECT Active New search Back to results Status Expiration date Active Jul -31-2021 Active Jul -31-2021 ZMEMMEM First issued Aug -30-2018 https://secure.dor.wa.gov/gteunauth/—,/#295 1/1