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AG 20-134 - Argonaut ConsultingRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPTJDIVECONOMIC DEVELOPMENT EXT: - 2412 3. DATE Q. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): N (E.G., Vjt, TFE VTQ) El PUBLIC WORKS CONTRACT D SMALL OR LIMITED PUBLIC WORKS CONTRACT 11 PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT E] HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACTA NT (AG#): El INTERLOCAL X OTHER cAREs _�A ACTFUNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECTNAME:._ CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: ARGONAUT CONSULTING ADDRESS: 524 SW 321ST ST, FEDERAL WAY, WA, 98023 TELEPHONE: (206) 229-9092 E-MAIL: MAKEYOURGAMELEGENDARY@GMAIL.COM SIGNATURE NAME: JASON NELSON TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXH113ITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT _'COMPLETION DATfj TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: D YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES,$ PAID BY: 0 CONTRACTOR El CITY RETAINAGE: RETArNAGE AMOUNT: El RETA]NAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVIDED 11 PURCHASING: PLEASECHARGETO: 001-1800-990-518-10-490 Proiect Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0 PROJECT MANAGER 17T, Niv,"61RECTOR El RISKMANAGEMENT (IF APPLICABLE) 0 LAW 1. COUNCH, APPROVAIL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMINUTTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: • SENT TO VENDOR/CONTRACTOR DATE SENT: DATE C'D: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • 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 El LAW DEPARTMENT NATORY (MAYOR OR DIRECTOR) 0 CITY CLERK U, L F-1 ASSIGNED AG # ^�AZ It 1/2020 SI r V 0 �Z V4 U It:! 1 Cl I III fm . V V Zr"ll )y CITY HALL a3325 SM Awnue Scufl,,, -W Grantee Mena the bi­,nar,,,,daries; City CARES MIT IWNDS xMINESS St,"MIUR'll (.,,,,RAN't'AGR,�',,,E'l1-,,,IEN 1. ofTederal Way: ls) NVITH Grantee has pWd all taxes due up it, th�_,, date ,ofthis ARI ONAIUTI 1,. N SIL,"Ll" I N G is made lr)ei,,­,,,vee,,-,--ri the Cit,'y Way, a Washington rtiunicipall. corptrediun ("Uty"), wu,,'ll a S"':le" -l'he Ci�,,y, �.,wrtd "I'laI "ll, fc r , i ""turt, arid do at be Mow Weves sll­z,,.li',, t:�e ,,,,xl,,,kJ m:)Uce required ,,xirvde�r this ree Agment: 1 FIN OF FEDERAL WAIN"; ,-, Jason all o,,m Ade Artit ooia ,5 24 S W 3 2 1 ST S"J" 33325 8th Ave. S, VVA, 90023 NON,A 93t,),0i­6325 ('telephorw)l (253) z',335-2520 (o,�leph(,�,rra,�) n ""z"'it"n -2509 (I"ciesurinfle) (253) S35 --- ---- --------- ....... t�� I a tics', a,, a.:3 , c- 11 :FE RM., agreernent caratemplates a z-,",nic-time gant of hands t,,,; des 2, COND11'711," 2. The Nlowin& whlch� ,iu gi y Grantee Mena the bi­,nar,,,,daries; City a) aperateR a vgtlihr, pt_Adtical ofTederal Way: ls) ac:,quix"rent C,"ity of W�­,,!,%yb,,,_.,,sin ess Grantee has pWd all taxes due up it, th�_,, date ,ofthis ig= apTrnvit d) Granye is not fllh5c:�­ecir,,,ient of oler awe or nVem! Amd±g made avahable as a response ,'hu ("OVID- 19 e) Chanjee's business ernployees ) avre l,, of mv,,,i (10) rt 'l ,,quivallent bior all e tr), P xceed rt ',5 mil Gran,"tce'sinic, revc,nues (10 notc, _1 mo, ,, th,an Sl111ion ie,,,,r yea""" g) not operate a tax-exermst Niise.,­,ess deffiriet,,,Jll by the Internal', Revenue Service 11) Due a) COVID-19, Grantee l,'.­usb,,­tes,,.-,, i#(check all' that apply)� Was raqz rired by state or'l,,c,,,ca, 0,,,,rderus, elllose Wasilit"i),rced la y u,"ll" due to reduced palonage ovit-'r "'01"Y"'3" in 9 related Experienced over 5091 tog wenue 2.21, s Grantee wil,11 lbe ix,,;,,ed 'dez, CITY OF CITY HALL 4 33325 8th Avenue South 40 Federal Way, WA 98003-6325 Federal Way t2 i) 835-7000 www t ityoffederalway L orn 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 fimds and will provide the 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. 4.1 Amount. In order to promote healthy economic activity in the City and in •# 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 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 Gtantee 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 ation exjyenses to or bo ang, and- all Gtersons or enwities. incl * md1hout limitation. their res%ective aamis 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 .•: 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 acknowledge that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT -2- - I ---- CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederahway com 5.3 i(ily jndemn, ,ifigpfigg. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabes, 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 connected with this Agreement to the exteni solely caused by the negligent acts, errors, or ornissions 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 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 provisions shall remain in full force and effect. No provision of this Agreement, including this provision, 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 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 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 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 anwr oVion 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 effect. Failure or delay of the City to declare any breach or default immediately upon 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 accordance with the laws of 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 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 recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantev represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This CITY HALL, 91 ,fir dm�. � .i p t, �"�a i�xK.: e \ `, , t e �, mti t iri .�`, Kz NJ` J "„ L ., ... . �.,rz .. t„ o' u, e '' i, a t i.. 2Yti a ',ad sll all be titli't� tom, <�€ �.Wt55 k aG:. s..t �,,,nu-, ... ,.. � h.„�,. ,. .,, .� :.. )w,.a s�tiF .. a. ,. ....t,. 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S,,i...a ,,,A.. a ,n .,. .. _h4a .. z s. 7/24/2020 eServices Washing' ori State Departrn.ent of Revenue Services Business Lookup ARGONAUT CONSULTING License Information: New search Back to results Entity name: NELSON, JASON ERIC Business name: ARGONAUT CONSULTING Entity type: Sole Proprietor IJBI #: 603-045-493 Business ID: 001 Location ID: 0001 Location: Active Location address: 524 SW 321 ST ST FEDERAL WAY WA 98023-5656 Mailing address: 524 SW 321 ST ST FEDERAL WAY WA 98023-5656 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 Active Oct -31-2020 Nov -08-2019 Business Governing People May include governing people not registered with Secretary of State Governing people Title NELSON, JASON ERIC Registered Trade Names Registered trade names Status First issued ARGONAUT CONSULTING Active Sep -07-2010 LEGENDARY GAMES Active Jan -31-2015 The Business Lookup information is updated nightly. Search date and time: 7/24/2020 3:23:15 PM https:Hsecure.dor.wa.gov/gteunauth/—/#97 1/1