HomeMy WebLinkAboutAG 20-634 - CNY ConstructionRETURN TO: Tim Johnson EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT. DI : ECONOMIC DEVELOPMENT
ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ.BY' ASAP
TYPE OF DOCUMENT (CHECK ONE):
El CONTRACTOR SELECTION DOCUMENT (E.G., RIB, RFP, RFQ)
• PUBLIC WORKS CONTRACT El SMALL OR LTED PUBLIC WORKS CONTRACT
• PROFESSIONAL SERVICE AGREEMENT F-1 MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG
El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
D ORDINANCE 0 RESOLUTION
El CON TPACTA MT-NDMENT(AG#):_,,_ [I INTERLOCAL
X OTHER CARES ACT FUNDS BLJS3N1-,-SS SUPPO L<` GRANT AGREEMENT
. PROJECT NAME: CARES ACT GRANT - ROUND 2
NAME OF CONTRACTOR: CNY CONSTRUCTION & DESIGN L_ LCo
ADDRfSS: 31260 PACIFIC HWY S # 8, FEDERAL WAY WA 98003-5448 T ELEPHONE: (425) 791-0638
E-MAIL: CNYINS.AGENCY@GMAIL.COM
SIGNATURE NAME: YOUNG AN TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El A
OTHER REFERENCED EXHIBITS 1:1 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS I
. TERM: COMMENCEMENT D. SEE ATTACHED AGREEMENT COMPLETION DATE:
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: El YES X NO IF YES, MAXIMUM DOLLAR AMOUNT:
IS SALES TAX OWED El YES X NO IF YES, $_____ PAID BY: 0 CONTRACTOR C3 CITY
RETAINAGE: RETAINAGE AMOUNT: [I RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND
ROVIDED
11 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Projject Coda #267662-25060
—
0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
0 PROJECT MANAGER
r,.-.Eq"kECTOR
El RISKMANAGEMENT (IF APPLICABLE)
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11 LAW
I. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONBUTTEE DATE: a CONMUTTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
D SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD:
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 /A
'-UW(!1NATORY (MAYOR OR DIRECTOR) lb
El CITY CLERK 0
E] ASSIGNED AG# Aa Glb4
;OE S:
1/2020
This Grant Agreement ("Agreemenf ') is made between the City of FederalWashington municipal
corporation ("City"), and CNY Construction & Design, LLC, a limited liability company ("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:
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YOUNG AN
31260 Pacific Hwy S # 8
FEDERAL WAY, WA 98003-544:�
CITY OF FEDERAL WAY:
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33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 835-2509 (facsimile)
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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's business employs no more than the equivalent of ten (10) full-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 COVID-19, Grantee business (check all that apply):
X Was required by state or local order to close
E] Was forced to lay off employees due to reduced patronage
Incurred over $1,000 in COVID-19 related expenses
Experienced 10-50% lost revenue
E] Experienced over 50% lost revenue
2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes:
a) Mortgage or Rent
b) Personal Protection Equipment
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c) Insurance
d) Utilities
e) Marketing
f) Payroll
CITY HALL
33325 8th Avenue SOUth
Federal Way, WA 98003--6325
(253) 835-7000
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Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee
upon request.
3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City may
recover all disbursed grant funds and terminate this agreement.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
Grantee has incurred due to the COVID-19 pandemic, the City shall provide a grant to the Grantee in an amouni
riot to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00).
5.1 Grantee tridetunification. 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
br, the Ci%'s sole nemliwnce. 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 tfie 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.
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waives any in—munity that 7777 're gran' ed to it under the ' 111111 1 W li, ii 1111111R�iq gas
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 fiirther acknowledge
that they have mutually negotiated this waiver.
5.3 C11y hldernn&A�n. The City aprees to release, indemnify, defend and hold the Grantee, its
W
CITY OF CITY HALL
33325 tit Aveme SOUth
Federal Way, WA 98003-6325
Federal Way (253)835-7 , 000
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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 tennination.
6.1 and Modi
.4jfl��. 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
accordance with the laws ot the State ol
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
r*�-:omr9i *,r w- i2rt pit-k4V b 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 Grantee
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
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CARES ACT BUSINESS GRANT AGREEMENT -3-
7/2020
CITY OF C[TY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
Federal Way (253) 835-7000
C0177
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 execution7 hereof.
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
By:_ Youni H, Y�l
U
to -4�
Prind Name:
Title:
)-D
DATE: I DID
-4-
9/29/2020 Washington State Department of Revenue
< Business Lookup
Entity name:
CNY INSURANCE AGENCY LLC
Business name:
CNY CONSTRUCTION & DESIGN
Entity type:
Limited Liability Company
UB1 #:
603-252-399
Business 11):
001
Location ID:
0001
Location:
Active
Location address: 31260 PACIFIC HVVY S
STE 8
FEDERAL \ArAY WA 98003-5448
Mailing address: 31260 PACIFIC HWY S
STE 8
FEDERAL WAY WA 98003-5448
Excise tax and reseller permit status:
Secretary of State status:
Endorsements
Endorsements held at this lose License iff Count Details
Federal Way General 16 -103286 -00 -BL
Business
Governing People May include governing people not registered with Secretary of State
Governing people Title
AN, CHONG H
AN, YOUNG M Manager
Registered Trade Names
Registered trade names Status
CNY INSURANCE AGENCY Active
https://secure.dor.wa.gov/gteunauth/—,/#28
New search Back to results
Status Expiration dat, First issuance 4
Active Nov -30-2021 Jul -25-2016
First issued
Oct -23-2017
112
CITY ENDORSEMENTS:
FEDERAL WAY GENERAL BUSINESS #16 -103286 -00 -BL - ACTIVE
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This document lists the registrations, endorsements, and licenses authorized for the business
named above. By accepting this document, the licensee certifies the information on the application
was complete, true, and accurate to the best of his or her knowiedge, and that business will be
conducted in compliance with all applicable Washington state. county, and city regulations.
F�
x
Director, Department of Revenue
