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HomeMy WebLinkAboutAG 20-756 - MCOBJECT1111118mvill Bit 2. ORIGINATING STAFF PERSON: . TIM JOHNSON EXT: 2412 3. DATE Q. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) 0 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT * GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CG * REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 0 RESOLUTION 11 CONTRACTA NT (AG#):,__ 11 INTERLOCAL X OTHER C ACT FUNDS BUSINESS SUPPORT GRANTAGREEMENT 5. PROJECT NAME: CARES ACT GRANT - ROUND 2 6. NAME OF CONTRACTOR: COBJECT LLC ADDRESS: 333091STS#A208,FEDEPALWAY WA98003 T ELEPHONE: (425) 888-8505 E-MAIL: STEVE@MCOBJECT.COM SIGNATURE NAME: STEVEN GRAVES TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El, SCOPE, WORK OR SERVICES 11 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS 1:1 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEEAT-FACHEDAgf COMPLETIONDAT] 9� TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/100 ($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: $ IS SALES TAX OWED El YES X NO IF YES, I IR'rllsitb C air ;tilt" "IVU5001 El PURCHASING: PLEASE CHARGETO: 001-1800-990-518-10-490 Project Code #267662-25060 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL / DATE APPROVED 0 PRqJECT MANAGER Ls-'diRECTO R El RISK MANAGEMENT (IF APPLICABLE) 11 LAW SCBEDULED COMMITTEE DATE: SCHEDULEb COUNCIL DATE: COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: I 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.) INITIAL / DATE SIGNED • LAPDEPARTMENT "A,_ - (11" gt GNATORY (MAYOR OR DIRECTOR) El CITY CLERK 1000 to 0 ASSIGNED AG# # 1/2020 CITY OF Federal Way CITY HALL 33325 M Avenue South Federal Way, WA 98003-6325 (253,1 $35-7000 CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT WrrH MCOBJECT LLC 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITIONS np GR AN j T 2.1 Warranties: The Grantee warrants the following, which are pre -requisites for grant eligibility - a) Grantee operates a business physically lodated 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 ten (10) fall -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 COQ ID-19,Cir antee business (�Licjjk, all jhatgIN,: Was required by stag or local order to close Was forced to lay off employees due to reduced patronage Inew red over $ 1,000 in ID -19 related expenses Experienced, 10-50% lost revenue 8xperienced over 50% lost revenue CARES ACT BUSINESS GRANT AGREEMENT -1. 7/2020 CITV OF 71 Federal Way CITY HALL 33325 ath Avenue South Federal Way, WA 98003--6325 (253) 835-7000 WWWCay,.)ft0d0rWWayC0M 2.2 t l of Funds- Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment e) Insurance d) Utilities e) 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. TE PjNjjNkT10N. Should any of the conditions described in section 2.1 above not be met, the City may recover all disbursed t funds and tenninate this agreement. 4. GRANT AMOUNT. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incl—due to the COVID- 19 pandernic, the City shall provide a grant to the Grantee in an amount not to exceed Two Thousand and N01100 Dollars ($2,000.00). 4.2 Ngnz6gg MIDItk2g of Funds, If sufficient fonds 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 C rantee Inde it The Grantee agree to release, indemnify, �y , defend, and hold the City, its elected officials, officers, employces, agents, representatives, insurers, fttt0rncY:, and volunteers harmless from any and all, clainis, demands, actions, suits, causes of action, arbitrations. mediations, proceedings, judgments, awards, injuries, damages, tiabilities, 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, licemees, or representatives, ansing froirL, resuiring from,, or in conAection with this Agreement or the perfontiance of this Aggeement, except for that portion of the claims caused, by the City cote negligence, Should a court of competent jurisdiction determine that thisAjocemeat is Rubjeet to ROW 4,24.115; then, in the event of liability for damages arising out of bodily irapuiy to persons or darnages to property caused by or resulting from the concurrentnegligence 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 cach sub-Orantee shall agree to defend and indemnify the City, its elected officials, officers, employees., agents, representaiv in r an tj es, scorers, a tomeys, d volunteers to the extent and on the same temis and conditions, as the Grantee pursuarit to this paragrapti. 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. speci �Cal ly and expressly widerstood that the Grantee I � the I ton n 'nu'l dt 5.2 d ai' -er. It is n lnd�r urp q�q 0 n hG1 111� Clt c d to i� at 1 13 10 W" erbenefg1ts payable to or by anytbird pai�y under ) �is i d ni' t 11 U� waives any ii -fnut State industrial insurdtice act, Title 51 r t 0 f th RCW. solely he fficatiOrl shall, not be Iftnited in an), way by any lirnitattn on the mount of damages, pens: 0 CARES ACT BUSINESS GRANT AGREEMENT -2- 712020 city OF CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 . Federal Way (253) 8$5-7000 WWW.Q1,K3ft,deFa7l�V1Y COM workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 !Qty lade, uiii catLon. The City agrees to release, inderrinify, 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, awards, injuries, darnages, 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. 5A 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® GENERAL PROVISION& 6.1 int M� IretatioLi mid IM(Affication, 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 M 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 any option conferred by this Agreement in one or more instances shall not be construdd to be a waiver or relinquiamnant 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, govemed 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, nothing in this paragrapli shall be construed to Ii it the Parties' rights to indemnification under Section 5 of this Agreement. CARES ACT BUSMESS GRANT AGREEMENT - 3 - 7/2020 CITY OF Federal Way CITY HALL 33325 Sth Avenue South I Pder--�-411av—U ift 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This *f WN&A.—Oks-LI 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 andacknowledgment pages from such counterparts may be assembled together to form a single instnunent 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. q 1 11 1 1 1 !111 1 !IxIIIII!IIII!III!I 11 I � HIM= IfflITIT-T71WIT-4 MM ® Title: V- - r I ]; ,A) k DATE: 66A: S', Z 0Z 0 CARES ACT BUSINESS GRANT AGREEMENT T 9/29/2020 Washington State Department of Revenue r t L�' < Business Lookup Entity name: MCOBJECT, LLC Business name: MCOBJECT, LLC Entity type: Limited Liability Company UBI #: 602-131-902 Business ID-. 001 Location ID: 0001 Location: Active Location address: 333091ST WAY S STE A208 FEDERAL WAY WA 98003-6260 Mailing address: 333091ST WAY S STE A208 FEDERAL WAY WA 98003-6260 Excise tax and reseller permit status, Secretary of State status: Endorsements Endorsements held at this location License # Count Federal Way General Business 14 -100455 -00 -BL Governing People May Include.9—Ing people act Whavred wM Secretary of State Governing people GRAVES, STEVEN Registered Trade Names Registered trade names Status EXTREME DB Active New search Back to results Click here Click here Details Status Expiration date First issuance dal Active Jun -30-2021 Feb -04-2014 Om - Contact us How are ! doing? T�- -.- ---9 First issued Jun -29-2001 https://secure.dor.wa.gov/gteunauth/-,/#45 1/2