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AG 20-796 - Sh Seasons Constuction, IncRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV' ECONOMIC DEV11LOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ.BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): 1:1 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 El HUMAN SERVICES/ CDG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 0 RESOLUTION * CONTRACTA NT (AG#):__ El INTERLOCAL * OTHER CARES ACT WNDS BUSINESS SUPPORT GRANT A3REEMENT _-1 5. PROJECT NAME:, CARESACTGPLANT<I�W�UNZ�. 6. NAME OF CONTRACTOR: SH SEASONS CONSTRUCTION, INC ADDRESS: 30616 5THPL S, FEDERAL WAY WA 980034011 T ELEPHONE: (253) 230-2108 E-MAIL: SHSEASoNs202O@GMAIL.COM SIGNATURE NAME: SE UNG SEOP HONG TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXHIBITS 11 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS 9. TOTAL CO ETI (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1 I1iIII (ill" (IF CALCULATED ON HOURLY LABOR CHARGE - AT -TACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED [I YES X NO IFS, $-", PAID BY: El CONTRACTOR 13 CITY RETAINAGE: TAINAGE AMOUNT: D RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 0g_rP1ECTMANAGE R 75_,� IRECTOR JR; El RISK MANAGEMENT (IF APPLICABLE) o LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONE,11TTEE DATE: COTTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: CouNcm APPRovAL DATE: I I PM4161 12V -9 � IM41101 ci M 004 il NJ El SENT TO VENDOR/CONTRACTOR 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. supports if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL DATE SIGNED 1:1 LAW DEPARTMENT N/ looSMN ATORY (MAYOR OR DIRECTOR) D CITY CLERKIto) I ?m 7 El ASSIG NEDAG# AG #' 20-796 COMMENTS: CITY OF Federal Way CITY HALL 33325 8thikvpme South Fedei"al Way, A/A 98003-6325 (253) 835-7000 WITH SH SEASONS CONSTRUCTION, INC This Grant Agreement ("Agreement' ') is made between the City of Federal Way, a Washington municipal corporation ("City"), and SH Seasons Construction, 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: SH SEASONS CONSTRUCTION, INC: CITY OF FEDERAL WAY: SEUNG SEOP HONG Ade Ariwoola 30616 5th PI S 33325 8th Ave. S. FEDERAL WAY, WA 98003-4011 Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 230-2108 (telephone) (253) 835-2509 (facsimile) shseasons2020@grn til.com ade.a�wool4@cityoffederalwa m yco____ 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. I I X" trajo 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): Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT 7/2020 Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amount riot to exceed One Thousand and N011 00 Dollars ($ 1,000.00). 5.1 Grantee Indemnification. 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 INs enses to or by anpi_� �crs �nsor e�ntities. �inclu�ding without limitation their rcsjtectivLX_4.i� nt. licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the -ce ligence. Should Cilz's sole IM 40.1 wr liability for damages arising out of bodily injury to persons or damages to property caused by or resulting trom 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 groimds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee r 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. VAWI CITY OF MY HALL 33325 8th Avem e South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 wwwotyOffi?(�raAw3yctum 5.3 City 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 - inuries,-damages, liabilities..... loss fim&_fecs,-scenalties exyenses- attomew's fees- costs.. and/or litiNation 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 hitetpretatiog ad Wdificatigh. 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, r�,rovisions 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. 0, Hall silau-it 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 -0 xk-& 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 mav be filed in anv other aDDroDriate court in Kine Countv. Washinuton. Each Dartv consents to 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 paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/2020 CITY OF 01-rf HALL 33325 8th Avenue SOUth Federal Way, WA 98003-6325 Federal Way (253) 835-7000 W"� cityoffedeailway com cons ent, ut - m g proo ereo - s 01 y necessary ce one suc co e ITTP 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 I By: LVA V1 Printed Name- LAP) Title:vvevv- DATE: /0 CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 Washington State Department of Revenue < Business Lookup License ® Newsearch Backtomsullts Entity name: SH SEASONS CONSTRUCTION INC Business name: SH SEASONS CONSTRUCTION INC Entity type: Profit Corporation 1161 #: 604-162-220 Business ID: 001 Location ID: 0001 Location: Active Location address: 30616 STH PL S FEDERAL WAY WA 98003-4011 Mailing address: 30616 STH PL S FEDERAL WAY WA 98003-4011 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance date Federal Way Home Occupation Active Nov -30-2020 Dee -12-2019 Business Governing People Governing people Title HONG, SEUNG SEOP 111111 111 IrIIIIIIIIIIIIIIIIIIIII;j azzt� Contact us How are we doing? 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