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AG 20-693 - Hanyoung Construction1:15 rrjq 3 1 ISM I M, N CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. XV: ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: —TIM JOHNSON EXT: _2412 3. DATE REQ.BY. ASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ C 11 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE [I RESOLUTION El CONTRACTA NT (AG): DINTERLOCAL X OTHER CARES ACT FUNDS 13USII lalS SUPPOKI'GRANT AGREE 1ENT 5. PROJECT NAME: CARES ACT GRANT — ROUND 2 6. NAME OF CONTRACTOR: HANYO CONSTRUCTION LLC ADDRESS: 1031S296THPL,FEDEFALWAYWA98003-3730 T ELEPHONE: (253) 224-1727 E-MAIL: DONGHAN6868@GmAiL.com SIGNATURE NAME: DONG KU HAN TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 11 Ai OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: 9. 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: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: IS SALES TAX OWED 11 YES X NO IF YES, $--- m PAID BY: 0 CONTRACTOR El CITY RETAINAGE. RETAINAGE AMOUNT: --E] RETAlNAGE AGREEMENT (SEE CONTRACT) OR 0 RETMNAGE BOND PROVIDED X PURCHASING: PLEASE CHARGE TO.- -- 00 1- 1800-990-518-10-490 Prlqject Code 4267662-25060 10. DOCUMENT/CONTRACT REVIEW 0 OJECT MANAGER f= 4 019ECTOR El RISK MANAGEMENT (IF APPLICABLE) El LAW INITIAL DATE REVIEWED INITIAL DATE APPROVED -7Q //0— SCHEDULED CONMUTTEE DATE: CONMTTEE APPRovAL DATE: SCHEDULED CouNcit, DATE: Cs , APPRovAL DATE: 12. CONTRACT SIGNATURE ROUTING El SENT TO CONT CTO DATE SENT: DATE REC'D: El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 0 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 0- LAW DEPA RTMENT/A !ATONY (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# AG Pw COMMENTS: on This Grant Agreement .. t r,.. xr. between the City of .r" x x Washington r corporation ("City"), and Hanyoung Construction LLC, a limited liability company ("Grantee"). The City and Grantee (together"Parties") rx are located and ri business at i addresses which sh. be valid for any notice required underAgreement: Kill cc] 0*11 61,124 E 1031 S 296thPl, Federal•«ii Mailing address: i ♦v.. ► Federal Way, WA 98003 ' (telephone) •- '«ii r M-16 i i• 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions iescribed 2.1 Warranties. following, are pre -requisites foreligibility: x Grantee operates a business physically li xd within the politicalboundaries of the City of `r a; b) Grantee maintains r current City of 'r_ . business c) Grantee has paid all taxes and government fees due up to the date of execution of this grant agreement; } Grantee's business employs no more than the equivalent of ten (10) full-time employees (man-hours total for all employees per year); e} Grantee's net revenues do not exceed more than $1.5 million per year; Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; } Due to - 19, Grantee business (check all thatapply): Was required state or local order to close Ej Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: teeffi s that grant ftmds will be used for the following purposes: } Mortgage or Rent Personal rotectio Equipment CARES ACT BUSINESS GRANT AGREEMENT7/2020 4' CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www, cityoffivieriAvay coin c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant ftmds and will provide the to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In. order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO/I 00 Dollars ($ 1,000.00). 5.1 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 litivatiGniexnenses to or bv arry and all persons or entities, including_,,wnithout limitation, their respective agents, MAN&" a court of competent jurisaiction cietermine Itiat this Agreement is suDjecT To r-�.0 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 indernnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee *0 QNC 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. 5.3 01y 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, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation CITY OF CITY HALL 33325 8th Avenue South Federal Way. WA 98003-632 F s:) 253) 835-7000 mw a4fo&derahvay coin awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or gation 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. I I X MA a W 91 6.1 hAer0rdtation 494 Mogari . 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 - - - - - - - - - - - - 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 ex,venses incurred in defending or bringin such claim or lawsuit including -Al a NW&1� 1 -in n to anu other recovery or award provided by law; provided, 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 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 the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed VIRIM city OF P6deral I CrTY HALL 33325 8th Avenue South Federal Way, WA, 93003-532.5 (253) 335-7000 r. atyoifeaerahyay cora 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. ATE: By: Printed Name: Title: ATE: ,/ /ZV Washington State Department of Revenue Business Lookup License Information: Entity name: HANYOUNG CONSTRUCTION LLC Business name: HANYOUNG CONSTRUCTION LLC Entity type: Limited Liability Company UBI #. 602-938-577 Business ID: 001 Location ID: 0002 Location- Active Location address. 1031 S 296TH PL FEDERAL WAY WA 98003-3730 Mailing address: 1031 S 296TH PL FEDERAL WAY WA 98003-3730 Excise tax and reseller permit status - Secretary of State status: Endorsements Endorsements held at this location License # Federal Way Home Occupation 17 -103187 -00 -BL Business Lacey General Business - Non- 202005 Resident Lakewood General Business - Non - Resident Governing PeopleM, WWO governiM pwpk rmt m9imomd with SeuWary of&M Governing people HAN, DONG KU Vieve Additional Locations The Business Lookup information is updated nightly. Search date and time. 10/2/2020 3:53A6 PM New search Back to results Click here Click here Details Status Expiration date First issuance date Active Jul -31-2021 Jul -06-2017 Active Jan -31-2021 Jan -29-2020 Active Nov -30-2020 Nov -15-2019 U0. Contact us low are we doing? Take or ;urveyl