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Home My WebLink AboutAG 20-766 - Northwest Equipment SalesRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: —ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQ,BY.- ASAP 9=91ilky I MAX" to] INLI a a any M * PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT * PROFESSIONAL SERVICE AGREEMENT D MAINTENANCE AGREEMENT * GOODS AND SERVICE AGREEMENT Ei N SERVICES/ CG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 1:1 ORDINANCE D RESOLUTION El CONTRACTA NT (AG#): El INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME:_ CARES ACT GRANT— ROUND 2 6. NAME OF CONTRACTOR: NORTHWEST EQUIPMENT SALES, INC ADDRESS: 2011 S 341ST PL, FEDERAL WAY WA 98003-6861 T ELEPHONE: (253) 835-1802 E-MAIL: RUSS@NWEQUIP.NET SIGNATURE NAME: KRIST HIARD TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO1100 ($2,000.00) (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: $_____ 1 11 — ------------------ — IS SALES TAX OWED it YES X NO IF YES, $ PAID BY: El CONTRACTOR El CITY RETAINAGE: RETArNAGE AMOUNT: C RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETArNAGE BOND El PURCHASING: PLEASE CHARGE TO: 001-1800-99mm 0-518-10-490 Pr2Lqct Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED El PROJECT MANAGER11 SI-DrikECTOR _-'0" , ,' . - 11 RISK MANAGEMENT (IF APPLICABLE) 0 LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D.- 0 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.) INITIAL I DATE SIGNED I] LAW DEPARTMENT T,&tGNATORY (MAYOR OR DIRECTOR) 0 CITY CLERK 11 ASSIGNED AG# AG# COMMENTS: 9 1 )x" Z 1/2020 city or F e d e ra I Wa- y CITY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 tvvlw cityoffederalway com CARES ACT WITH NORTHWEST EQUIPMENT SALES, INC This Grant Agreement CAgreement") is made between the City of Federal Way, a Washington municipal corporation ("Cityand Northwest Equipment Sales, Inc., a profit corporation ("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: KUSSELL HIBBANIM P-01 I S 341st PI FEDERAL WAY, WA 98003 3 - - - - ----- - - ------------ ------ INC: CITY OF FEDERAL WAY: Ade Ariwoola 33325 8th Ave. S. (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1. TERM i. This agreement contemplates a one-time grant of funds to the Grantee under tile conditions described herein. 2.1 ties® 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's business employs no more than the equivalent of to (10) l -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 (sLjieck ill thatp ly): El 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 CARES ACT BUSINESS GRANT AGREEMENT - I - 7/2020 CITY Of Federal Way CITY HALL 33325 Sth Avenue South Federal Way, VIA 98003-6325 (253) 835-7000 wmV,CitVOffedarakVqy com 2.2 Lseo[F nds., 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 is agreement 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses ai,l i KRUNFIMISMOA K 4.2 Non-.J�hp__L 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. 5.1 9- . 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 Agrecment� 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 defmd 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. I WOR NOW LUI R(4-10" solety �tbr thepurposes ot Vils indemnim ran= S InL1e1nn111UUL1O11:S1V-t1 11UL EW IIJBI 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. CAVES ACT BUSINESS GRANT AGREEMENT -2- 7/20201 CITY OF CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 Fe d e ra I Wa y (253) 835-7000 wvvw CIEVOffadeffib", y corn 2.2jj�gf rantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities c) 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. jhgHINAIM. 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. G R:kNT kNN10 LINT. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses not to exceed Two Thousand and N011 00 Dollars ($2,000.00). 4.2 Non -A it nriation of Funds. If sufficient funds are not appropriated or allocated for payment pp oLriation or runds under this eement for any fiscal period, the City will not be obligated to make payments under this agreement. 5. INDEMNIFIC.aXTION. 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. an in From e 'i I V,(I I ci 7 volunteers to the extent and an the same terms and conditions as the Grantee pursuant to this paragraph. The w -viii, Rriv, f these covenants of indemnification. WMA M now- OWN 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- 7/2020 city OF CITY HALL 4 33325 Sth Avenue South Federal (253) 35-7Way, WA 98003-6325 Federal Way 8 '000 www clivolfe'delakway corn 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents and wan -ants 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 signature and acknowledgment pages firom 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 --R, counterpart of this Agreement shall be the "date of mutual execution" hereof. A# VA41 a a zoo] 21 111411A I DATE: Jill 11111 1111111111 1 ii ii ! !l! 11 NORTHWEST E' t";, E�XT SALES, INC: y PrintedName:, ZA5W\N Title: P, -c 5,( DATE: f" CARES ACT BUSINESS GRANT AGREEMENT -4- 7/202 -ft 9/29/2020 Washington State Department of Revenue < Business Lookup License Information: New search Back to results Entity name: NORTHWEST EQUIPMENT SALES, INC. Business name: NORTHWEST EQUIPMENT SALES, INC. Entity type: Profit Corporation UI #: 602-124-193 Business ID: 001 Location ID: 0001 Location: Active Location address: 2011 S 341ST PL FEDERAL WAY WA 98003-6861 Mailing address: 2011 S 341ST PL FEDERAL WAY WA 98003-6861 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License Count Details Federal Way Genera8 Business 03 -102814 -00 -BL Governing People May Indode go—eing people not reghtred with SeemwerafState, Governing people Title HIBBARD, KRISTINA HIBBARD, RUSSELL Contact us How are we doing? Take our survey! hftps://secure.dor.wa.gov/gteunauth/—/#22 Status Expiration date First issuance dal Active May -31-2021 Nov -21-2003