Loading...
AG 20-759 - Modern Masonry Design & CraftRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. I: —ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQBY., ASAP 4. TYPE OF DOCUMENT (CHECK ONE): • CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 11 GOODS AND SERVICE AGREEMENT 11 HUMAN SERVICES/ CG 0 REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACTA NT (AG#): DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECTNAME: CAR1:,.SAQ_QRANT ()UND�� 6. NAME OF CONTRACTOR: MODERN MASONRY DESIGN& CRAFT LLC ADDRESS: 1614 SW 324TH PL, FEDERAL WAY WA 98023-5430 TELEPHONE: (253) 250-6164 E-MAIL: LANAAKS@YAHOO.COM SIGNATURENAME: SVETLANA AKSENOVA TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: EI SCOPE, WORK OR SERVICES D COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES D PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: 9. TOTAL COMPENATION $ (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 El YES X NO IF YES, $ PAD) BY: 0 CONTRACTOR 0❑CITY RETAINAGE: RETAiNAGE AMOUNT: 0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED El PURCHASING: PLEASE CHARGE TO: 00 1 - 1800-990-5 1.8-.1.0-490 Pr -2,5060 �_Projlelqt CW0 4267662 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ECT MANAGER I CTO R —'x a 0 RISK MANAGEMENT (IF APPLICABLE) El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONMUTTEE DATE: CONINffTTEE APPROvAL DAIN SCBEDULED CouNcit, DATE: CouNcrL APPRovAL DATE: 0 12. CONTRACT SIGNATURE ROUTING El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: • ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS • CREATE ELECTRONIC REMINDER]NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. supports if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED • LAW DEPARTMENT U>1615AX—TORY (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# AG r` COMMENTS: UN This Grant Agreement ("Agreemenf') is made between the City of Federal Way, a Washington municipal corporation ("City"), and Modem Masonry Design & Craft 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: MODERN MASONRY DESIGN & CRAFT LLC: CITY OF FEDERAL WAY: SVETLANA AKSENOVA Ade Ariwoola 1614 SW 324 PI 33325 8th Ave. S. FEDERAL WAY, WA 98023-5430 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 250-6166 (telephone) (253) 835-2509 (facsimile) em 4=11 1. TERM. This agreement contemplates a one-time grant of fands to the Grantee under the conditions described herein. 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 employees no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employs 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 defmed by the Internal Revenue Service; g) Due to COVID-1 , 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 $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Granteeaffirrns that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT - 1 - 7/2020 Grantee agrees to retain receipts documenting use of grant flinds and will provide the to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant Rmds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount not to exceed One Thousand and NO11 00 Dollars ($ 1,000.00). 4.2 Non -Appropriation of Funds. If sufficient ftmds are not appropriated or allocated for payment L flcie cili C1111t. 5.1 GranteeIndtninilication. 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 li ation eMenses to or by any and all Dersons or entities, incl ut limitation. their res-Dective a2ents. 40 M_ a court of com-petentjurisdiction 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 -�y 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 RCW, solely for the purposes of this indemnification. Grantee's indemnification shall not be limited in any way by any limitation on the amount of dania�1.4es, comrCensation. or benefits 1,t�gable to or bp anpA third i0i 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. CITY OF CITY HALL 33325 8th Avenue South A* Federal Way Federal Way, WA 98003-6325 (2 a3) 835-7000 mvw, cityoffederalwqv com 5.3 Qh� lhdcmnifi-c�on. 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-ij�uries. darna. es. liabilities losses. finesjec�s,.jienalties exrkenses, attorne 's fees costs. and/or litivation TA 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. �-T, In 9 11141V M [02 6.1 InteWretation, and 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, 3W.-h,#t-her 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.Wti-as. 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 mav be de osited in the United States mail, ostaie ireDaid, to the address set forth above. Anv notice "UNW11-1 III L11V,V111Lea Siates-Maii Mall -etc UcUllicu YVQZJ-Vd-*V ILIccc k.:)pV1js aiter Vie tuate fing75-T-71 reuic*= [!,rovided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with a1J- 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 Ole 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 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 thmmu*", tiirk�-giir.;-zts-mv-tmvenient forum. If either Rai*A bri 11 s ami claim or lawtwit arioinafmin. this Agreement, each Party shall pay all its legal costs and attorney's eess 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 paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. CITY OF 0WHALL 33325 tip Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www. c#yotAqden3Avqy c(w-) 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 together and shall 0414.1441teitive i7tst-tntent- -t,ut i -i m2ki-iv, -mr(mif be"if it -A211 arf "e weev-,:2-w f* -wrtidiii-f- *-ne mit-A vtjjteTirggTt- Mt W.- - , - wt -e 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. Jim err fir .. .. . . ...... DATE: By: ,/ -71 Printed Name:q"�is10,-1Z, , fana )OgeA/011,oq DATE: I Washington State Department of RevellUe < Business Lookup License Information: New search Back to results Entity name: MODERN MASONRY DESIGN & CRAFT LLC Business name: MODERN MASONRY DESIGN & CRAFT LLC Entity type: Limited Liability Company UBI #- 604-156-985 Business ID: 001 Location ID: 0001 Location: Active Location address: 1614 SW 324TH PL FEDERAL WAY WA 98023-5430 Mailing address- 1614 SW 324TH PL FEDERAL WAY WA 98023-5430 Excise tax and reseller permit status: Click here Secretary of to status: Click here Endorsements Endorsements held at this location License Count Details Status FederM Way Home Occupation Active Business Governing People May WcWde-q—&w people n®t myLt.W iffi S—fta, offtt. Governing people Title AKSENOVA, SVETLANA KISLYAK, IGOR The Business Lookup information is updated nightly. Search date and time: 10/1/2020 1:20,42 PIVI Contact us How are we doing? Take our survey! Expiration date First issuance date Jun -30-2021 Jul -13-2020