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HomeMy WebLinkAboutAG 20-762 - New Day Senior Living LLCCITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM *RIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT *RIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQ BY, ASAP—,-, 0 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT Ei HUMAN SERVICES/ CDG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION El CONTRACT AMENDMENT(AG#):_ Ei INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT . PROJECT NAME: CARES ACT GRANT — ROUND 2 NAME OF CONTRACTOR: NEW DAY SENIOR LIVING LLC ADDRESS: PO BOX 25864,FEDERALWAY WA 98093 TELEPHONE: (253) 561-5239 E-MAIL: ANNIE@NEWDAYHOME.COM SIGNATURE NAME: WILLIAM NJAMA TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 11 ALL OTHER REFERENCED EXH113ITS E] PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS . TERM: COMMENCEMENT DATE: 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: El CONTRACTOR 11 CITY RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR El RETAiNAGE BOND ROVIDED Ii.11 11 ZZ EM V 0. DOCLTMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED 1 0 P1 JECT MANAGER -6PIRIECTOR 0 RISK MANAGEMENT (IF APPLICABLE) 11 LAW 1. COUNCEL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: " KOW►ey V H x lvl 1111 V 11 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: Li ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS 11 CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 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 1.,A CWEPARTMENT /A f-4-5 GNATORY (MAYOR OR DIRECTOR) 'i El CITY CLERK El ASSIGNED AG# AG�' ,OMMENTS: 1/2020 CITY OF CITY HALL 33325 8th Avenue South Fderal Way. WA 98003-6325 VA� F�dee ral Woy (253) 835-7000 WWW otyoffadora4vay com �fl WITH NEW DAY SENIOR LIVING LLC This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("Qity"), and New Day Senior Living 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: la MIA MW&I 010 111 Ite in L WILLIAM NJAMA 31813 10th PI SW FEDERAL WAY, WA 98093-2864 Mailing Address-, Po Box 25864, Federal Way, WA 98093 (253) 561-5239 (telephone) annnie ncwdayhome.com �Mm 101101 a I 111 MYTI Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 53) 835-2 14 (telephone) 3) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of flinds to the Grantee under the conditions iescribed herein. 2. CONDITIONS OF GRAN7. 2.1 'Warranties. The Grantee warrants the following, whiqh 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 cmployces (20,800 man-hours total for all employees per year); e) Grantee's net revenues do not exceed mote than $1.5 million per year; Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Service; g) Due to COV ID- 19, Grantee business (check all ,lbatImly): 0 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 CARES ACT BUSINESS GRANT AGREEMENT E Scanned with CamScanner 0 CIMOF CITTRALL 33325 Sth Avenue South F�deml VWq Federal Way,vVA 98003-6325 835-7000 www ct.1yoffederDAvay com 2.2 Use of lunds-, Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing t) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERAIINATION. 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. GRANT AMOUNT. 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 NOI 100 Dollars ($1,000.00). 4.2 Non-Anorooriation. 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. INDEMNIFICATION. 5. 1 Gtanttg 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 covenants of indemnification. At_ff, 54 MIJ-WIF L110 PLER11ses 411 11:1s m(ccirnincalumn. 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 swknowledge that they have mutually negotiated this waiver. CARES ACT BUSINESS GRANT AGREEMENT -2- ctly o�f F�6djeml XAMy CITY HALL 33325 8th Avenue South rr3-632�5 (253) 835-7003 wvs,v olyoffoderahvny com 5.3 �ChV ln&mniqkqq6� The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, rcpresentativcs, and subcontractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fincs, 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, —thi-s—A-grcement to the extent solelV caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. 'Me 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 InteTtretation 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, 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. MGM notice or may VC (w f 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 ie cumulative with all other rcmedies, 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 Agreerrient� or to Agreement in one or more instances -saw.q -,=g ments or 13 tinnq and the s - f M -M rMOMM. lilt - by filing suit under the venue, rules and jurisdiction of the King County Superior CouM 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 Agreeinen� 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 Parfies' rights to indemnification under Section 5 of this Agreement. CARES ACT BUSINESS GRANT AGREENffiNT -3- Scanned with CarnScanner CITY of; Clrf HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 F6derzl A" (253) 835-7000 v.ewv/.in�d0rdNWco;n 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 4w"11MOM "allow I "T foget=a ter anMR c '-a- - -- - -' =-- - Z u e Mon UT 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 q 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. DATE:s. NEW DAY SENIOR LIVING LLC: 0 6 M 77, M -MM PrintedName: WI11&?A C- MXA-k-1-0 Title: OWN*& DATE: w/016/!� W I Services Business Lookup NEW DAY SENIOR LIVING LLC License Information: Entity name: NEW DAY SENIOR LIVING L.L.C. Business name: NEW DAY SENIOR LIVING LLD Entity type: Limited Liability Company UI #: 603-122-780 Business ID: 001 Location ID: 0001 Location: Active Location address: 31813 10TH PL SW FEDERAL WAY WA 98023-4702 Mailing address: PO BOX 25864 FEDERAL WAY WA 98093-2864 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Federal Way General Business 11 -104181 -00 -BL Governing People May include governing people not registered with Secretary of State Governing people KAIGAI, ANNIE NJAMIA, WILLIAM Em New search Back to results Status Expiration date Active Jun -30-2021 Working together to fund Washington's future