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AG 20-879 - Soundview Elder CareRETURN TO: Tim Johnson EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPTADIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 — 3. DATE Q. BY. ASAP TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ) El PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT 11 GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/ CDBG • REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE El RESOLUTION * CONTRACT ANMNDMENT(AG#): 1:1 INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT E: CAPES ACT GRANT NAME OF CONTRACTOR: SO VIEW ELDER CARE LLC ADDRESS: 2324 SW 300TH ST, FEDERAL WAY, WA 98023 TELEPHONE: (253) 347-5655 E-MAIL: SOUNDVIE Vv'HOME@YAHOO.COM SIGNATURE NAME: S M. BUCUR TITLE: SEE ATTACHED 1101 11g. . TERM: COMMENCEMENT DATE:- SEE6nACIIEDAGREtMENT COMPLETIONDATE: TOTAL COMPENSATION $(INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO1100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATFr) REIMBURSABLE EXPENSE: 11 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $,__ IS SALES TAX OWED DYES X NO IF YES, $ PAID BY: 0 CONTRACTOR 0 Crry RETAINAGE: R.ETAINAGE AMOUNT: --.E1 RETArNAGE AGREEMENT (SEE CONTRACT) OR El RETAINAGE BOND ROVED —0 ill 111 "'[11 11112'111'111W�01111153 " & I; I LM IMUX# F-1 PROJECT MANAGER (4�RECTOR El RISK MANAGEMENT (IF APPLICABLE) El LAW OMKINN 9 MWel ILI 13"M411 am INITIAL / DATE REVIEWED SCHEDULED CONINUTTEE DATE: SCHEDULED COUNCIL DATE: INITIAL / DATE APPROVED CONMUTTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 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. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL DATE SIGNED jLA DEPARTMENT A G Y NATOR (MAYOR OR DIRECTOR) CITY CLERK 0 ASSIGNED AG# AGTF ;O S: 1/2020 4city Of AW* �.. , 4001w� F� '0 pll*�- 11 �4 - CM( HALL 331325 8th AvenL19 South Federal Way, WA 980C,3-6325 (253) 835-7000 mvLsrC1tyV*,dGrzAV,1y cora CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEM", T WITH SOUNDVIEW ELDER CARE LLC This Grant Agreement ("Agreement") is made between the City -of Federal Way, a Washington municipal corporation ("City"), and Sounaviow Elder Care LLC, a limited liability comp*tTy ("POOW�. The City and Gfa� (together L�Parties7):arC located and do bo&mess �f� the below addresses which ", be valid � (bi any notice required under this Agreurnent: 11 SORINA M. BT-JCUR 2324 SW 300'hSt F.iri,�gr�.IWL�tt,;Y'aW-:.'8023-62324 (253) 347-5655 (telephone) CITY OF FEDERAL WAY: Ade An"woola 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-2414 (telephone) (253) 835-2509 (facsimile) 1, TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described herein. 2.1 A rrantipss. 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 thgj"pl E] Was required by state or local order to close Was forced to lay off employees due to reduced patronage Incurred over $1,000 in CI -1 related expenses, Experienced 10-5010 lost revenue Experienced over 50% lost revenue CARESACT BUSINESS GRANT AGREEMENT - 1 - 712020 dL, crry bF moot vedero 6t I w�y CITY HALL 3a325 Sth Avenue South Fede8003-6325 (253) 835-7000 V,WLV C11yo ffederalway C017- 2.2 Use of Funds: Grantee affirms that grant Rinds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing 0 Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee -upon request. 3. TERMINATtON. 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. M91 W.30 I 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losse-s Grantee has incurred due to the COVID-1 9 pandernic, the City shall provide a grant to the Grantee in an amouni aot to exceed One Thousand and 00 Dollars ($1,000-00). 4.rn 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. I 5.1 gkgbibe Wbmnijl�kon. The Grantee agrees to release. indernnif . def d. d hold e Ci , its y, en ' an th ty 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 liti , gation. 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 clainis caused by the City's sole negliggence. 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 Grantep, 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, reiresentatives. insurers, attome ys, and volunteers to the extent and on the same ten -ns 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. 5.2 Industrial 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 inderrinification. 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 fluther acknowledge that they havemutually negotiated this waiver. CAKES ACT BUSINESS GRANT AGREEMENT -2- '17/202!t &WA �-Oxg M CITY HALL 33325 Sth Avenue South Federa to 9 5 VMSWM=J1kRrW- M" 5.3 !h&nmi&afipn. The City agrees to release, indemnify, defend and hold the Grantee, its 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 kom 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 Ifttorpretatign And ��gatib . 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 th. at is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other pro -vision 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. 6.2 En&q!2�. 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) it after the date of mang. 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 brea * ch or default. This Agreement shall be made in, governed by, and interpreted in accordance with flv� laws of the State of claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by ffling 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 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 AOL CITY OF Fbderal MMy CITY HALL 33325 Sth Avenue South A&IQ69A A I 1A U11 "I 6.3 Execution. Each individual executing this Agreement on behalf of the City and Grantee represents and warrants that such indiAdual is duty authorized to execute and deliver this Agreement- This Agreement may be executed in any numba of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto bad signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. 'Me 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 at] signature and acknowledgment pages. The date upon -which the last of all of the Parties have executed 9� counterpart of this Agreement shall be the "date of mutual execution" bereoL INTWITNESS, the Parties execute this Agreerineat below, effective the last date written below. CITY OF FEDERAL WAY: 061MMMI IMSMIM 0110 Printed Name: iIAI,4 Title: DATE: C,&IZFS ACT BUSINESS GRANT AGREEMENT -4- 7/2020 10/7/2020 Washington State Department of Revenue n gate De.Paj-t,.n.-,e[j,"- n" R.,evenu,- < Business Lookup IVTTTTWTVTM■� Entity name: SOU N DVIEW ELDER CARE, LLC Business name: SOUNDVIEW ELDER CARE LLC Entity type: Limited UabiI4 Company U I,: 603-029-331 Business ID: 001 Location ID- 0001 Location: Active and Mailing address; 2324 SW 300TH ST FEDERAL WAY WA 98023-2324 Excise tax and reseller permit status. Click here Secretary of State status, Click here Endorsements Endorsements held at this location License # Count Details Federal Way Home Occupation Business Governing People May Includegoverning people not mg&temd with S"rotooy ofStot- Governing peopie Title BUCUR, ICIAN BUCUR, SORINA M Registered Trade Names Registered trade names Status SOUNDVIEW ELDER CARE LLC Active New search Back to results "r First bouaecce daltatus, Expiration date Active Sep•30¢2021Sep-17-2020 First issued Jul -02-2010 The Business Lookup information is updated nightly. Search date and time: 10f712020 9:25:28 AM Cont—A us hftps:Hsecure.dor.wa.gov/gteunauth/—,/#1 9 1/2