AG 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
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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 -
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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
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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:
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PrintedName: WI11&?A C- MXA-k-1-0
Title: OWN*&
DATE: w/016/!�
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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
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Status Expiration date
Active Jun -30-2021
Working together to fund Washington's future