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Home My WebLink AboutAG 20-402 - One Creator Auto RepairEXT: 2412 it " If . >t r s STAFFDRIGINATING JOHNSON. Q. . ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/ CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED'DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT NT (AG#): ❑ INTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUFE'[ M' GRANTAG EMENT PROJECT NAME: CARES ACT GRANT — ROUND 1 NAME OF CONTRACTOR: ONE CREATOR AUTO REPAIR LLC ADDRESS: 35400 PACIFIC HWY S, FEDERAL WAY, WA, 95003 TELEPHONE: (206) 619-4431 E-MAIL: ISMAHANC Y17@GMAIL.COM SIGNAT NAME: AHMED TITLE: .SEE ATTACHED " ATTACHMENTS: El SCOPE,i ■ COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 Al COMMENCEMENTOTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN L1 REQUIRED LICENSES 11 PRIOR CONTRACT/AMENDN DATE ,* •A TOTAL CO PENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) TWO THOUSAND AND NO/I00 ($2,000:00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY 'FES) REIMBURSABLE EXPENSE: ❑ YES X NO IF YES, MAXIMUM DOLLARAMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGEAMOUNT: ...m ❑RETArNAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 9001-1500-990-515-10-490 Project Code #267662-25060 0. DOCUMENT/CONTRACT REVIEW INITIAL/ DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT AGER .., ._._.. ti„ ❑ DIRECTOR .TOR w.,.....,.e,.... „..,-.0 _.e ❑ RISKMANAGEMENT (IF APPLICABLE) ..... .�w..am�— .....—w ._. ElLAW 1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCIIEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SE DATE C'D: -- ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE. LICENSES, EXHIBITS ❑ 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 1:1 LAW DEPARTMENT SIGNED BY LAw 07-25-20 ❑ SIGNATORY (MAYOR OR DIRECTOR) E: ❑ CITY CLE ❑ ASSIGNED AG# AG# IC�f� 1•rlllr�` 1/2020 - This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and One Creator Auto Repair 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: Ham Ahmed 35400 PACIFIC HWY S FEDERAL WAY, WA 98003 (206) 619-4431 (telephone) Ade Ariwoola 33325 8th Ave. S. *� [1 •5 (253) 835-2520 (telephone) (253) 835-2509 (facsimile) 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee un• - f. !-f edeibed herein. 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 COVID- 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): 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 Ej Experienced 10-50% lost revenue 0 Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment CIARES ACT BUSINESS GRANT AGREEMENT - 1 - CITY OF 4% vwr*� F;6deml My c) Insurance d) Utilities e) Marketing F) Payroll CITY HALL 33325 8th Aveme SOUth Federal Way VVA 98003-6325 (2,53) 835-7000 WMV CitY0ffederMvav conj Grantee agrees to retain receipts documenting use of grant funds and will provide the to the City or its designee on 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. L 'I" 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 pandernic, the City shall provide a grant to the Grantee in an amount not to exceed Two Thousand and N01100 Dollars ($2,000.00). 4.2 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 Gratitog Indollimi kation. The Grantee agrees to release iudomnif)6 def�ii� and hold the City, i elected officials, officers, employees, agents, representatives, insurers, attorjjqy�, arid volufflee� harftjles&� any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgme award . s. injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/ HE ation ensestoorb- An .9nd lan VikilailletSWOrKWIMCOMP MP� M $441 not he grounds Ad VOid any c1l th6& Covenants �6f indemnification. I 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 solel4, for the (i ioses of this ill -au -MIT 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. 5.3 The City agrees to release, indemnify, defend and hold the Grantee, ij CARES ACT BUSINESS GRANT AGREEMENT -2- CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vuww citvoffedera;wny cern 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 eXICenses to or bri an and all iwersons or entities-. 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. # 6.1 lhtemr6�oti 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 If,rovision, may be amended, waived, or modified except by written agreement signed by duly authorized 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 maq be deposited in the United States mail_Zadja+i" i '•)dil to the address W 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 Iffei- J g 0 Jge 171 N I -VII _1M_CTWC7_*UQ 41-OdUll 411- ILCIEMAJ9,1910S 111-94 CL W IV 1 Ly -YJ=j 7 UT57 #7-9.r.�ITT'TMM ",N F a IN a N er ot u e ZI 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 Washington. If the Parties are unable to settle any dispute, difference or 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 expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recover -q or award yrovided by, la - ffrovided however howev:-x " uOr-11tif -n-06iry -*T r limit the Parties' rights to indemnification under Section 5 of this Agreement. 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 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 CITY OF CITY HALL Federal Way 33325 8th Avenue South Felderal Way, WA 98003-6325 (253) 835-7000 www otyoffierjerFid way Coal together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce 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 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. Ji ell, ell, Mayor DATE: ONE CREATOR AUTO REP A TP T T (- Verified by PDRIler 06/10/2020 By: FaMMM-611M 1"" 0 F -M,0=5 f Title: Owner DATE: 08/10/2020 �19 �01�0 �e M 7/25/2020 eServices Services Business Lookup ONE CREATOR AUTO REPAIR LLC License Information: New search Back to results Entity name: ONE CREATOR AUTO REPAIR LLC Business name: ONE CREATOR AUTO REPAIR LLC Entity type: Limited Liability Company UBI #: 604-329-271 Business ID: 001 Location ID: 0001 Location: Active Location address: 35400 PACIFIC HWY S FEDERAL WAY WA 98003-7155 Mailing address: 35400 PACIFIC HWY S FEDERAL WAY WA 98003-7155 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 issuanGE Federal Way General Business 18 -104259 -00 -BL Active Sep -30-2020 Sep -14-2018 Governing People May include governing people not registered with Secretary of State Governing people Title I AHED, HANI 11 W: 1, 11 111 111 li I 111111N.? https://secure.dor.wa.gov/gteunauth/—/#1 18 1/1