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AG 20-518 - Johnson Disposal and HaulingCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/DIV- ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOC. HNSON EXT: 2412 3. DATEREQ.BY: ASA.P TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) E] PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CG E] REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (.Ci BOND RELATED DOCS) 0 ORDINANCE 0 RESOLUTION El CONTRACT AMENDMENT (AG#):_ El INTERLOCAL X OTHER ARES C FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: JOHNSON DISPOSAL AND HAULING SERVICE ADDRESS: 29918 2ND AVE S, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 815-7920 E-MAIL: BRUCE@WWSCfNC.COM SIGNATURE NAME: JOHNSON JOHNSON TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/A1MENDMFNTS TERM: COMMENCEMENT DATE: SEER ACHED AGREEMENT COMPLETION DATE TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1,000.00) (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: $ IS SALES TAX OWED 0 YES X NO IF YES, PAID BY: [I CONTRACTOR 0 CITY RETAINAGE: RETAINAGEAmoLiNT - ----- RETAINAGE AGREEMENT (SEE CONTRACT) OR ORErAINAGE BOND PROVIDE 9 PURCHASING: PLEASECHARGETO; 001-1800-920-518-10-490--;,Po-:'4-Q # 267662-25060 41. 1ACT REVIEW Cl PROJECT MANAGER EJ -DIRECTOR 11 RISKMANAGEMENT (IFAPPLICABLE) C1 LAW SCHEDULED COMMITTEE DATE:,.. CommrrrFE APPROVAL DATE: qr-uwi ir cm, rni TerTkW CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE El 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,) 1N'JT1A1-'- DATE SIGNT-,,D • LAW DEPARTMENT ISrtN 6AOSIGNATORY (MAYOR OR DIRECTOR) 0 CITY CLERK -4 13 ASSIGNED AG# AQ4 1/2020 .. . . ....... ---------- SCHEDULED COMMITTEE DATE:,.. CommrrrFE APPROVAL DATE: qr-uwi ir cm, rni TerTkW CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE El 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,) 1N'JT1A1-'- DATE SIGNT-,,D • LAW DEPARTMENT ISrtN 6AOSIGNATORY (MAYOR OR DIRECTOR) 0 CITY CLERK -4 13 ASSIGNED AG# AQ4 1/2020 .. . . ....... This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal corporation ("Cityand Western Washington Safety Consultant, a Washington corporation ("Grantee"). The 61;i�P_ TV : I - M "Pnrf;Pc"!, are located and do business at the below addresses which shall be valid for any notice required under this Agreement: a M911061H N V -1,11M �� Bruce Johnson 29918 2ND AVE S FEDERAL WAY, WA 98003 VF�l i �4_ �1#1 � bruce@wwscinc.com Ade Ariwoola 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 flinds to the Grantee under the conditions de sw-r, be-d+ereit. MIMNMrW44 mma I 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 fimding made available as a response to the COVID-19 pandemic; e) Grantee's business employs no more than the equivalent of ten (10) full-time employees (20,800 man-hours to 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 CC ffi- 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 $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue -I - CITY OF Cin," HALL Federal Way 33325 8th Avenue South Federa� Way, VVA 98003-6325 835-7000 (253) www, cityoffiederalwayt-Om 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant Rinds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant ftmds and terminate this agreement. In W -1a L41 4.1 Amount. In. order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). moil # 5.1 Grdtitce Indeftmifloation. 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 MORRO.= acceptance ot any ot Urantee's work wlien completecl shall not be grounds to avoid any of these covenants ot indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee fp t wwwwow aw ON 11114111 MIN -011 CITY OF CITY HALL 33325 Sth Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com compensation acts, disability benefit acts or any other benefits acts or programs. The Parties fiirther acknowledge that they have mutually negotiated this waiver. 5.3 Citv Indenirlification. The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, ,23y-,9rds, M"o Ii.2"16161 lim, Wi, i- oil ta),CIISCS L41 Tr P:T 7111 ant MY jersTus 41f MULICS, 111WE4,11% TTIUVIILL 1111ILMUIVII, MIC11 tWPCQL1VC dgcllol or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions 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 r 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, inoi%erative, null and void or illqNal- shall in no wag affect or invalidate ano other 1�tgovision 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 P "It, 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 of mailinLy-Anp 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 any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of 0-1DW-e—C-WL M- Failure or delap- 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 -t 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, WRIM a MITO R a OUT I NO V CITY OF Federal Way CITY HALL 33325 8th Averve e South Federal Way, WA 98003-6325 (253) 835-7000 wwwri�Aiffiderahvaycorn ftowever, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 'C -&41 PlIVIVIA;C AFIX NILU11 UVI-MCI-PUIL. t; 111SLfL111t;f1L, V I I L �i %I C 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 acknowledgmen), 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 execution7 hereof. IN WITNESS, the Parties execute this Agreement below, effective the last date written below. LILTJ 4 ** I a) 19 112 Printed Name: k ,fix Title: DATE: CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 7/25/2020 eServices Washington State Departnient of Revenue Services Business Lookup JOHNSON DISPOSAL AND HAULING SERVICE License Information: Entity name: WESTERN WASHINGTON SAFETY CONSULTANT INC Business name. JOHNSON DISPOSAL AND HAULING SERVICE Entity type: Profit Corporation IJBI #- 602-357-273 Business ID: 001 Location ID. 0001 Location: Active Location address; 29918 2ND AVE S FEDERAL WAY WA 98003 Mailing address: PO BOX 24743 FEDERAL WAY WA 98093-1743 Excise tax and reseller permit status: Click here Secretary of State status: Click here New search Back to results Endorsements Endorsements held at this location LIGense # Count Details Status Expiration date First issuance Federal Way Home Occupation 04 -100238 -00 -BL Active Jan -31-2021 Jun -23-2016 Business Governing People May Include governing people not registered with Secretary of State Governing people Title JOHNSON, BRUCE JOHNSON, JACQUELENE Registered Trade Names Registered trade names Status First issued JOHNSON DISPOSAL & HAULING SERVICE. Active Jun -12-2007 WESTERN WASHINGTON SAFETY CONSULTANT INC. Active Jun -12-2007 .1s.:. 1111111 �l �l 1111 it 1 Working together to fund Washington's future https-.1/secure.dor.wa.gov/gteunauth/­/#575 1/1