The URL can be used to link to this page

Home My WebLink AboutAG 20-194 - Cruver Consulting,_ETURN TO: TIM JOHNSON CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I ORIGINATING DEPT./ DrV: ECONOMIC DEVELOPMENT *RIGINATING STAFF PERSON' TIM J014NSON EXT: 3. DATE REQ BY:. ASAP 0 , A - El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT 1:3 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT [I GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G, BOND RELATED DOCUMENTS) Ei ORDINANCE El RESOLUTION El CON TRACTAMENDMENT(AG#):__ El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT . . ......... --- - ------ PROJECT NAME: _--CARES ACT GRANT -ROUND 1 .... . ...... . . .. . . ....... NAME OF CONTRACTOR: CRUVER CONSULTING ASSOC. (!RVVER, ADDRESS: 31901 36TH AVE SW, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 300-8363 E-MAIL: DCCRUVER@COMCAST.NET SIGNATURE NAME: CRUVER GRUVER TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 13 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES D PRIOR CONTRACT/AMENDMENTS , TERM: COMMENCEMENT DATE: —SEE ATTACHED AGREEMENT - COMPLETION DATE TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND N01I 00 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:0 YES XNO IF YES, MAXIMUM DOLLAR AMOLYNT:$_,.,,_ IS SALES TAX OWED D YES X NO IF YES, PAID BY`C1 CONTRACTOR 0 CITY RETAINAGE: RETAINAGE AMOUNT: RETAIN AGE AGREEMENT (SEE CONTRACT) OR El RETAfNAGE BOND PROVIDE El PURCHASING: PLEASECHARGETO: 001-1800-990-51&, 2_� ----------- 0. DOCUMENUCONTRACT REVIEW El PROJECT MANAGER r4 DIRECTOR JrRISK MANAGEMENT (IFAPPLICABLE) 0 LAW 1. COUNCIL APPROVAL ([F APPLICABLE) 2. CONTRACT SIGNATURE ROUTING INITIAL / DATE REVIEWED INITIAL /DATE APPROVED - - ---------- ---- - -- SCHEDULED COMMITTEE DATE: CommmrEE APPROVAL DATE: SCHEDULED COUNCIL DArE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERINOTIFICATION 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 LAV ' ZROLRIMENTI 1 Hy LAW 07-148-20 W,�,Vi CLePkaoRY (MAYOR OR DIRECTOR) CITY CLERIC 41's .......... . ...... El K 0 ASSIGNED AG# AG# 'OMMENTS: 1/2020 This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Cruver Consulting 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: Ade Ariwoola 33325 8th (253) 835-2520 (telephone) (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalway.com 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions 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 government 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): Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue CITY 0� F;6deral VVay Cn-Y HALL 33325 Sth Avenue SQUth Federa� Way, VVA 98003-6325 (253) 835-7000 vnvw cityoftederalwaY corn 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4. GRANT AM01#11T. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/ 100 Dollars ($ 1,000.00). 4.2 Non -Ari r yment ppropriation of Funds. If sufficient funds are not i1 •i ated or allocated opa f under this Agreement for any fiscal period, the City will not be obligated to make payments under this agreement. 5.1 Gtantee1fidethnifi6atibn. 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 fir" '• 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 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 CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way. WA 98003-6325 (253) 835-7000 mvw cjtyoffedera4vqv com acknowledge that they have mutually negotiated this waiver. 5.3 'City lndermij&gfi�Ln. The City agrees to release, indemnify, defend and hold the Grantee, i officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harnmle from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceeding judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, cost and/or litigation expenses to or by any and all persons or entities, including without limitation, their respecti agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the exte solely caused by the negligdAIL'Ads, errors, or omissions Of theCity. I 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. I 6.1 Ihte_Mtg!gg9n And.M��. This Agreement contains all of the agreements of the Parties with • 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 full force and effect. No provision of this Agreement, including this [trovision, 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 C364i,,v", r ---r*;V to the address set forth above. Anz, 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 • • 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 � �, 5; 1 *W 7, VJV fault immediatel�[-uyon 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 %rccooir�i 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 i*i however however nothing, in iiaragrag s 1,7wi is)rivided this h hall be construed to I lot 01 t a I OUR W41 toy -gin I tM I u6mulp I M17,08 I I Of IMH 10) 1 M 14 14 L7,10-1-19-014 (014 MXIJ M411 hM-9K%%M 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee 0" GF d e ra I )Noy CITY HALL 33325 Sth Avenue South Federal Way., WA 98003-6325 (2 a3) 835-7000 www o4vffederafimay coma represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original 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 signat�re 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 date written below. Title: DATE: 7/24/2020 eServices Washington State Department of Revenue Services; Business Lookup CRUVER CONSULTING ASSOC, License Information'. New search Back to results Entity name: CRUVER, DAVID CHARLES Business name: CRUVER CONSULTING ASSOC. Entity type: Sole Proprietor LIBI #- 600-562-591 Business ID: 001 Location ID: 0002 Location: Active Location address: 1911 SW CAMPUS DR UNIT 221 FEDERAL WAY WA 98023-6473 Mailing address: 1911 SW CAMPUS DR UNIT 221 FEDERAL WAY WA 98023-6473 Excise tax and reseller permit status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance Federal Way Home Occupation 16 -105867 -00 -BL Active Mar -31-2021 Jan -17-2017 Business Governing People May Include governing people not registered with Secretary of State Governing people Title CRUVER, DAVID CHARLES View Additional Locations The Business Lookup information is updated nightly. Search date and time: 7/24/2020 4:02:22 PM hftps://secure.dor.wa.gov/gteunauth/,/#280 1/1