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AG 20-258 - Green Pine Care ServiceRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV. ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATE REQBY: ASAP TYPE OF DOCUMENT (CHECK ONE): 1:1 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, REQ) El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT 1:1 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG 1:1 REAL ESTATE DOCUMENT o SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) El ORDINANCE 0 RESOLUTION 0 CONTRACT AMENDMENT (AG#)-. OINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT E: CARES ACT GRANT— ROUND I NAME OF CONTRACTOR: GREEN PINE CARE SERVICE INC. ADDRESS: 4461 SW 313TH ST, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 640-4778 E-MAIL: SHAN98233@GMAIL.COM SIGNATURE NAME: HE HE TITLE: SEE ATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS E] PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATR TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (IF CALCULATED ON OURLABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: El YES XNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED DYES X NO IF YES, $ PAID Br. 0 CONTRACTOR 1:1 CITY RETAINAGE: RETAINAGEAmoUNT: 113 RETAINAGE AGREEMENT (SEE CONTRACT) OR o RETAfNAGE BOND PROVIDE 0. DOCUMENT/CONTRACT REVIEW 0,PkOJECT MANAGER dDIRECTOR Ej RISK MANAGEMENT (IF APPLICABLE) 0 LAW 6wo LI) 9 1 V h, _Txft I RKM is to" a I It# I a mmi 60-2506� INITIAL / DATE REVIEWED INITIAL/ DATE APPROVED SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR. DATE SENT: DATE C'D: D ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC REMINDERINOTIFICATION 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 • LAW DEPARTMENT SIGNED By LAW 07-28-20 • SIGNATORY (MAYOR OR DIRECTOR) El CITY CLERK 0 ASSIGNED AG# AG#S01-1 1/2020 CITY HALL 33325 Sth Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www. cifyoffederalway. corn CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT C WITH GV,EEN PINE CARE SERVICE INC. This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Green Pine Care Service Inc., a Washington corporation ("Grantee"). The City and Grantee (together "Parties") are located and it business at the below addresses which shall be valid for any notice required under this Agreement: ren., VVIIIINIMT I r RAL WAY: Shan He 4461 SW 313TH ST FEDERAL WAY, WA 98023 Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 1 ade.ariwoola@cityoffederalway.com 1. 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 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 is not the recipient of other state or federal funding made available as a response to the CCIVID- 19 pandemic e) Grantee's business employees no more than the equivalent of ten (10) full-time employees (20,800 man-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 operate as a tax-exempt business as defined by the Internal Revenue Service h) Due to COVID- 19, Grantee business (check all that apply): E] 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 Ej Experienced over 50% lost revenue FL.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: CARES ACT BUSINESS GRANT AGREEMENT CITY OF CITY HALL 33325 8th Avenue South AN** Federal Way Federal Way.. WA 98003-6325 (253) 835-7000 m,vw cityoffederalway cam a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll j 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 'Ric mlkw.4-�m i • 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 /■ 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 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 • 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 • 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 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. CITY HALL 33325 8th Avenue South Federal Way, VVA 98003-6325 (253) 835-7000 wvvw cjtyoffederahvay com 5.3 Cily Judemnificati . 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 ten-nination. 6.1 erWtatiog 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 declarei 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 authorizei- 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 notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice 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 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 conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of 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 Washin9t on. If the Parties are unable to sedi ttle ank:Lsfiulc- diffeo rence r 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 urred in defen&*&or bringing such claim or lawsuit, including all ditinn t- -- other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Patties' 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 A4! CITY OF Federal VV�ky CITY FALL 33335 Sth Avenue South Federal Way, WA 98003-63255 (253) 835-7000 av cityoffederalway com 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 constituteone but proof `f only be necessaryf i ff one f " i.rt. The signature • f acknowledgment ire" from such counterpartsmay be assembled together to formg- comprised "f i pages of this Agreement __ 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. CITY OF FEDERAL WAY: �n errell, Ma r r ATE: GREEN E CARE SERVICEINC.: By: Printed N t �: � � � Title: ow ATE: COMM\A XMsT4l w`r 11.1M yri"XIM1s,11M MIX61R4., 5=12s CITY OF Federal Way C'enteired on Opportuni�y, ME= MAYOR'S OFFICE 33325 8th Avenue South Federal Way_ WA 98003-6325 (253) 835-2400 www, cityoffederalway, cum 'Jim Ferrell, Mayor Congratulations! Your application for the City of Federal Way's Small Business Assistance Grant (2-V/19) has been approved for $1000.00. Enclosed is a grant contract for your review and signature. Upon signature please place in enclosed addressed envelope and return with postage to the City for processing. Upon receipt, the City will process a check to your business. Should you have any questions, contact the City of Federal Way's Small Business Assistance Grant hotline at 253-835-2414. We are committed to helping businesses like yours! Should you have any questions on business issues or on the economy, please contact our Director of Economic Development, Tim Johnson at 253-835- 2412. We're all in this together. Congratulations again. Washirigton State Department of RevwlUe Services Business Lookup GREEN PINE CARE SERVICE INC License Information: New search Back to results Entity name: GREEN PINE CARE SERVICE INC. Business name: GREEN PINE CARE SERVICE INC. Entity type: Profit Corporation UBI #: 602-999-962 Business ID: 001 Location ID: 0001 Location: Active Location address: 4461 SW 313TH ST FEDERAL WAY WA 98023-2146 Mailing address: 4461 SW 313TH ST FEDERAL WAY WA 98023-2146 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 General Business 10 -101204 -00 -BL Active Mar -31-2021 Apr -02-2010 Governing People May include governing people not registered with Secretary of State Governing people Title GREEN PINE CARE SERVICE Registered Trade Names Registered trade names Status First issued GREEN PINE CARE Active Mar -15-2010 https:Hsecure.dor.wa.gov/gteunauth!_I#172 111