AG 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
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