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HomeMy WebLinkAboutAG 20-114 - Agape Senior GardenTURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I . ORIGINATING DEPT./DIV: -ECONOMIC DEVELOPMENT . ORIGINATING STAFF PERSON: —TIM JOHNSON-- EXT: 2412 3. DATE REQBY, ASAP JORN PIK61NO I RIM 0 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 11 RESOLUTION El CONTRACT AMENDMENT (AG#): DINT ERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECT NAME:_ CARES ACT GRANT- ROUND I NAME OF CONTRACTOR: AGAPE SENIOR GARDEN LLC ADDRESS: 2635 SW 335TH CT, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 838-6468 E-MAIL: TREES88888@YAHOO.COM SIGNATURE NAME: ZHU ZHU TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 A OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS I COMMENCEMENT DATE: _jjEEATTACHEDAGREE 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: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $,_,, IS SALES TAX OWED [:]YES X NO IF YES, $ PAID BY: 11 CONTRACTOR 0 CITY RETAINAGE: RETAMAGE AMOUNT: RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND PROVIDE 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 ELoiget Code #267662-25060____,_ 0. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL DATE APPROVED 0 P OJECT MANAGER IMECTOR D RISKMANAGEMENT (IFAPPLICABLE) El LAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: * SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: * 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 0 LAW DEPARTMENT SIGNED BY LAw07-28-20 El SIGNATORY (MAYOR OR DIRECTOR) 1-1 A - • CITY CLERK #1 ) *0 1 ti • ASSIGNED AG# AG# ,OMMENTS: 1/2020 CITY OF CI HALL 33325 8th Avenue South Federal ,Way, WA 96603--6225 Federal Way (253) 835-7000 wwwcityoffeder�31�vqv.com SUPPORTCARES ACT FUNDS BUSINESS WITH AGAPE SENIOR GARDEN LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Agape Senior Garden, 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 thisAgreement: AGAPE SENIOR GARDEN : CITY OF FEDERAL WAY: Hong Zhu Ade Ariwoola 2635 SW 335TH CT 33325 8th Ave. S. FEDERAL WAY, WA 98023 Federal Way, WA 98003-6325 (253) 838-6468 (telephone) (253) 835-2520 (telephone) trees88888@yaoo.com (253) 835-2509 (facsimile) ade.ariwoola@cityoffederalway.com The Parties agree as follows: . TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2. CONDITIONS OF GRANT 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 ay; ) 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 ant agreement ) Grantee is not the recipient of other state or federal funding made available as a response to the COVID-19 pandemic e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 -hours total for all employees per year). f) Grantee's net revenues do not exceed more than $1.5 million per year g) Grantee does not operateas a tax-exempt business as defined by the Internal Revenue Service ) Due to'CVI -19, 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 COVI -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: CARES ACT BUSINESS GRANT AGREEMENT - 1 - CITY OF CITY HALL 33325 Sth Avenue South N'S Federal Way WA 98003-6325 Federal Way (253) 835-7000 www cjtycffederahvqv corn a Mortgage or Rent b) Personal Protection Equipment cIn11 surance � t_Jtilities Marketing F) Payroll 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 not to exceed One Thousand and NO/100 Dollars ($1,000.00). 4.2 Non -Appropriation of Funds. If sufficient funds 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. 5.1 Grantee Memn1ficatibn. 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 performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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 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 cove-uvtts of N11te-tutificatio-c. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grante-s 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 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. it, of Fbderal 4 y, CITY HALL 33325 8th Avenue South Federal Way VVA 98003-6325 ) 35-7000 www otyoffederahw�-v coin 5.3 O!y 1fidc!nfflfic'dd6u� The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors 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 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. 3 "1 0 D I Mug 6.1 !Atq�� and MbdificatiOn. 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. I ns rem M-1 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grante+ represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This CITY of P4deral V��y CITY HALL 33325 8th Avenue South Federal Way, WA 98003-65325 (253) 835-7000 av ckyoi%deratway co • -- - , r- - -r r i i r. `CUCII 01 11 the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together .; r shall constitute one but proof . -i only be necessaryto produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form . singlecomprised of 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. rllli 101 1 M ATE: Title: DATE: 7/24/2020 Services Business Lookup AGAPE SENIOR GARDEN LLC eServices License Information: New search Back to results Entity name: AGAPE SENIOR GARDEN, LLC Business name: AGAPE SENIOR GARDEN LLC Entity type: Limited Liability Company UI #: 604-402-802 Business ID: 001 Location ID: 0001 Location: Active Location address: 2635 SW 335TH CT FEDERAL WAY WA 98023-2853 Mailing address: 2635 SW 335TH CT FEDERAL WAY WA 98023-2853 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 Federal Way Home Occupation Active Feb -28-2021 Feb -06-2020 Business Governing People May Include governing people not registered with Secretary of State Governing people Title ZHU, HONG Registered Trade Names Registered trade names Status First issued AGAPE SENIOR GARDEN LLC Active Sep -09-2019 1-�Jjrff'-r maiii i 11��& EMEHIMMOM hftps://secure.dor.wa.gov/gteunauth/­,/#23 1/1