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AG 20-854 - Al Jalaly Transportation LLCRETURN TO: Tim Johnson EXT: 2412 1. ORIGINATING DEPTVDIV: ECONOMIC DEVELOPMENT 2. ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 --- 3. DATE REQ. BY. ASAP 4, TYPE OF DOCUMENT (CHECK ONE): 11 CONTRACTOR SELECTION DOCUMENT,(E.G., RFB, RFF, RFQ) 0 PUBLIC WORKS CONTRACT El SMALL OR LIMITED PUBLIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT 1:1 MAINTENANCE AGREEMENT * GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES / CDBG * REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE 0 RESOLUTION El CONTRACT AMENDMENT (AG #): OINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECTNAME:_ Cj-NRI---,SACrCi-ItAMl-,�CROUND 1 �2- 6. NAME OFCONTRACTG R: ALJALALYTRANsPoRTArioNL.L.C. ADDRESS: 1818 SW 3251 PL, FEDERAL WAY, WA 98023 T ELEPHONE: (253) 334-7277 E-MAIL:ABDuLLAumNiAHm7m@GmAu,.com SIG NATURENAME: ABDULLAALJALALY TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: El SCOPE, WORK OR SERVICES 0 COMPENSATION 11 INSURANCE REQUIREMENTS/CERTIFICATE D ALL OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN El REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS Awal" =1 9. TOTAL COMPENSATIN $ (INCLUDE EXPENSES AND SALES TAY, IF ANY) ONE THOUSAND AND NO/100 ($1,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCIEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ElYEs XNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 11 YES X NO IF YES, $ PAID BY- C1 CONTRACTOR El CITY RETAINAGE: RETAiNAGE AmouNT: .0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED a A 0 UA �=Vgmffl 10. DOCUMENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED � Ll P JECT MANAGER TIRUECTOR mx) 0 RISK MANAGEMENT (IF APPLICABLE) El LAW 11. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED CONMUTTEE DATE:-_ CoNm4urrPE APPRovAL DATE: SCHEDULED CouNaL DATE: CocuAPPRovAL DATE: 12. CONTRACT SIGNATURE ROUTING El SENT TO CONT CT® DATE SENT: DATE REC'D:-- 0 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El CREATE ELECTRONIC GT CATION 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.) INI7L4,L DATE SIGNED 0 LAW ARTMENT 4'EP F-89NATY (MAYOR OR DIRECTOR) 0 CITY CLERK 1:1 ASSIGNED AG# G# COMMENTS: 112020 This Grant Agreement ("Agreemene) is made between the City of Federal Way, a Washington municipal corporation ("City"), and Al Jalaly Transportation L.L.C., 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 cequired under this Agreement: Abdulla Al Jalaly 1818 SW 325th PI Federal Way, WA 98023 (253) 334-7277 (telephone) LIM Ade Ariwoola 33325 8th Ave. S. Federal Wa WA 98' ► 1001;= .com 1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions described 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's business employs no more than the equivalent of ten (10) full-time employees (20,800 man-hours total for all employees per year); Grantee's net revenues do not exceed more thanmillion 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 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 E] Experienced 10-50% lost revenue X Experienced over 50% lost revenue 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purpos a) Mortgage or Rent b) Personal Protection Equipment CARES ACT BUSINESS GRANT AGREEMENT 7/2020 Grantee agrees to retain receipts documenting use of grant ftmds 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 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 NO/I 00 Dollars ($ 1,000.00). 4.2 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment T,_�rry FLw, 5.1 6ianfee Wemrd�n. 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 comyetent;urisdiction determine fliaLthis-Agreement is sub;ect 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 nexligence of the Grantee and the CiM the Grantee's liabilit-i hereunder shall be onlu- 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. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Grantee wai tv that mi ves anv immuni i be ianted to it under the WashinZon State industrial insurance act Title 51 RCW -FIST17 11UHILCIV III ellj v,;-xj vy 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. CARES ACT BUSINESS GRANT AGREEMENT -2- 7/2020 CITY OF Federal Way CITY HALL, 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 vvww c ityoffi?deraMuty coin 5.3 City The City agrees to release, indemnify, defend and hold the Grantee, its officers, directors, shareholders, partners, employees, agents, representatives, and subcontractors 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 termination. 6.1 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 (irovisions shall remain in full force and effect. No �crovision of ds -Agreement'. includin, e amended, waived, or modified except by written agreement signed by duly authorized represen a ives of the Parties. 6.2 Enforcement. Any ► 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 bv this Aareement iv o-te or-more-i-cSt,?nces to relil*iiis�Tftcwtt 4f # f airme oi me ZM� 10 (11c r .--1 11 waiv 37 Ene i-ily s rignt Lo (YeZ 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 bring"P�xtaim-od-awsui agAom-tbis-Agreen'—w-nt- 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 • 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 CIYY Of, Federal Way CITY HALL 33325 9th Avenue South FedeW Way, WA 98003-6325 (253) 835-7000 www- aWffederahvay rom MINIM 163 #11 IWO WIN 1%, SA11,11 I -M, I I 711M Atic 2NA-1 11 1 as if all Parties hereto had 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. 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 execution7' hereof. li il�1�1111 IN 11pi -T 1111K, lil ama �i I II M to# M 01 V I =14 R NMI DATE: By.. . ....... . ..... Printed Name: Ab ullaAjalaly Title: Owner DATE: 0/06/2020 CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2020 Washington State Department of Revenue Business Lookup WrT7,771mr. =,, - =., Entity name: AL JALALY TRANSPORTATION L.L.C. Business name: AL JALALY Entity type: Limited Liability Company UBI #: 604-546-454 Business ID: 001 Location ID: 0001 Location: Active Location address: 1818 SW 325TH PL FEDERAL WAY WA 98023-5422 Mailing address- 1818 SW 325TH PL FEDERAL WAY WA 98023-5422 Excise tax and reseller permit status: A -lick here Secretary of State status: Click here Endorsements Endorsements held at this location License Count Details Status Federal Way Home occupation Active Business Governing Peop1eMWi-1ud.,q.—.bV pepk �a-gla­W VAffiS­ftAy.fSkft Governing people Title AL JALALY, ABDULLA Registered Trade Names Registered trade names Status AL JALALY Active The Business Lookup information is updated nightly. Search date and time: 10/6/2020 230:16 PM Contact us How are we doing? Take our survey! Newsearch Back tores.alts Expiration date First Issuance date Sep -30-2021 Sep -22-2020