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HomeMy WebLinkAboutAG 20-452 - Sage Technology GroupT TO: TI JOHNSON EXT: 241.2 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPTYDIV: ECONOMIC DFVFI,.OPMI,,,NI ORIGINATING STAFF PERSON: TIM JOHNSON vs EXT: 2412 3. DATE REQ.BYASAP -- — ---- --- ------- TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RIB, R -FP, RFQ) 1:1 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT 0 PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.C, BOND RELATED DOCUMENTS) 11 ORDINANCE 0 RESOLUTION El CONTRACT AMENDMENT (AG#):_ El INTERLOCAL X OTHER, CARES ACT FUNDS BUSINESS �UP PORT GRANT AGREEMENT NAME OF CONTRACTOR: SAGE INC �5 A6 E;7 1MZ-H U5L06)Y (WOUP 1W,, ADDRESS: 334261STLNS,#A,FEDERAJ-WAY, WA,98003 TELEPHONE: (206) 890-3301 E-MAIL: PTHOMASLLOYD@GMAIL.COM SIGNATURE NAME: THOMAS THOMAS TITLE: SEEAT-rAcHED EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES EJ COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE 0 A OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS I TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETIONDATE: TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($ 1,00000) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES XNO IF YES,MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED El YES X NO IF YES,$_,, PAID BY: 13 CONTRACTORO CITY RETAINAGE: RETAINAGEAmouNT: RETArNAGE AGREEMENT (SEE CONTRACT) OR EIRETAINAGE BOND PROVIDE 0 P'IWCHASING: PLEASECHARGETO: 001-1800-990-518-10-490 Fmj ode# 267662-2,506 0. DOCUMENT/CONTRACT PUMI REVIEW El• ROJECT MANAGER F��CTOR * RISKMANAGEMENT (IFAPPLICABLE) * L1,W IN MAL/ DATE RENTE SCHEDULED COMMITTEE DATE: SCHEDULED COUNCIL DATE: COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDORICONTRACTOR DATESE NT: DATE REC'D:— El 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 / DATE SIGNED El LAW DEPARTMENT tG '-D BY IA 07-28-20 Li,MiINATORY (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG # MP "I INIMMUMM 1/2020 aly Of 11 F6deral My WITH SAGE TECHNOLOGY GROUP INC CrTY HALL 33325 Sth Avenue South Federal Way, VVA 98003-6325 (253) 935-7000 www d1yoffederalway. coin This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Sage Technology Group Inc, a Washington 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: Lloyd Thomas Ade Ariwoola 33426 1 ST LN S, #A 33325 8th Ave. S. - FEDERAL WAY, WA 98003 Federal Way, WA 98003-6325 (206) 890-3301 (telephone) (253) 835-2520 (telephone) pthomaslloyd@gtnail.com (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalway.com Wmu� ==* M, 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. �pLejizl 11 N N rejok-11 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 Ci 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 th grant agreement d) Grantee is not the recipient of other state or federal funding made available as a respon 'i -h-, to the COVID- 19 pandemic nj e) Grantee's business employees no more than the equivalent of ten (10) ffiull-ti 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 Reven Service h) Due to COVID-19, Grantee business (check all that apply): Was required by state or local order to close I Was f6rced to lay off employees �44e to rq4qed patronage Incurred over $1,000 inCOVID-19 related qxponsos Experienced f0-50% lostrevonue Experienced over 50% lost revenue CrrY HALL 33325 8th Avenue South 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 4.2 Non-Appro riation 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. INDEMNIFICATION. 5.1 Gf4hted 111deinnification. 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. Quwi!4�mvt;&i�w�m%0 eemL '!:z111X`1!Ji; ;% _13 :1 : �V W9 L'V111 1,; 111, 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 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 flirther CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 40 (253) 835-7000 www0yoffederalway.corn acknowledge that they have mutually negotiated this waiver, 5.3 QAy Indemnifiggqon. 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, liabilities, 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 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 ItitgMtetation aM Modification. 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 inap be deCcosited in the United States in *lw*;o --aid- to the address set forth above, Anp notice so posted in the United States mail shall be deemed received ee (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 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 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 Washing -ton. If the Parties are unable to settle mp 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 Fib-wo- en suit d*1111:1 fil 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 recoveEy or award Drovided bi lawi irovided i however i however nothini in this r)aragraDh shall be construed to 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee FOCIVIRM �A -- � is CITY Of d , 4; Way (--�TY HALL 33325 Sth Avenue South Federal Way, VVA 98003-6325 (2 2j 835-7000 www Cj(VOff6dC-,'r,31Way coin IOWA", Pi�;MCUICIIL 11 vc jti amy Imillum 1411 VVJMLC1P4KL5, UdQ11 U1 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 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. By: Printed Name: Lloyd Thomas "IMICEUM! ■ 7/25/2020 eServices Services Business Lookup SAGE INC License Information: Entity name: SAGE TECHNOLOGY GROUP INC Business name: SAGE INC Entity type: Profit Corporation U #: 604-582-228 Business ID: 001 Location ID: 0001 Location: Active Location address: 33426 1ST LN S APT A FEDERAL WAY WA 98003-6291 Mailing address, 33426 1ST LN S APT A FEDERAL WAY WA 98003-6291 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 Home Occupation Business New search Back to results Status Expiration date Active Feb -28-2021 Governing People May include governing people not registered with Secretary of State Governing people Title THOMAS, LLOYD President, Chairman of the Board Registered Trade Names Registered trade names SAGE GROUP SAGE INC SAGE TECH STG INC Status Active Active Active Active • First issued Feb -18-2020 Feb -18-2020 Feb -18-2020 Feb -1 8-2020 https://secure.dor.wa.gov/gteunauth/—,/#298 111