AG 20-096 - 3 del Aguila2412
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❑ PUBLIC WORKS CONTRACT ❑ SMAIL OR LE\1ITED 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 ANT (AG#): DINTERLOCAL
PROJECTNAME CARES ACT GRANT— ROUND 1
NAME OF CONTRACTOR: 3 ELAGUILALLC
ADDRESS: 33606 PACIFIC HWY S, #4, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 250-8593
E-MAIL: DELAGUILA314@GMAIL.COM
SIGNAT E: TORRES TORRES TITLE: SEE ACHED
TOTAL. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE:
! !N$ (INCLUDE EXPENSES AND ONE • AND NO/100 1,000 .00)
CALCULATED ON HOURLY.!^ CHARGE - ATTACH SCHEDULES OF ! AND HOLIDAY
REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED El YES X NO IF YES, $ PAID BY: 1:1 CONTRACTOR C] CITY
RETAINAGE: RETAINAGE AMOUNT: El RETAINAGE OR El RETAINAGE BOND PROVIDE
■ PURCHASING: PLEASE ► 001-1800-990-518-1040 r
0. DOCUMENT/CONTRACT REVIEW
0 PROJECT MANAGER
! !
■ RISK
MANAGEMENT
■ LkW
P- CONTRACT SIGNATURE ROUTINC,
!^ININSMAIM11101!
INITIAL DATE APPROVED
COMMITTEE^t
COUNCIL DATE:
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNAT AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS T
❑ 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
❑ LAW DEPARTMENT SIGNED BY LAW 07-28-20
❑ SIGNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK MOD
❑ ASSIG AG AG0,F-1a I 1;-...u..
;OE S:
1/2020 ---
CITY OF
Fbderal VVoy�,5' �.
CrTY HALL
33325 8th Avenue South
Federal Way, VVA 98003-6325
(253) 835-7000
www. 0yoffederalway coo
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
3 DEL AGUILA LLC
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("Cityand 3 Del Aguila, 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:
IN .. N -
I a a 9121 11KA OLINTSW
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33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2520 (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. 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 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
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
E] Experienced over 50% lost revenue
CITY OF CF7Y HALL
33325 Sth Avenue South
Federal Way Federal Way. VVA 98003-6325
(253) 835-7000
www, cityoffedei alwaY corn
a) Mortgage or Rent
b) Personal Protection Equipment
c) Insurance
d) Utilities
e) Marketing
F) Payroll
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.
INNEWMVIII&M.
4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses
�Wlr ill %rovide a - titto-fi-ie-GtarAe-e-irf-air,-ii-fmunt
not to exceed One Thousand and NO/100 Dollars ($1,000.00).
4.2 Non-A-DmoDriation 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 tomake payments under this
agreement.
5.1 GrwAbo Inde jgWjpg. 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
ri,erformance 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
Citp's ins(-biection or acceidance of anp of Grantee's work when conwleted shall not be
these covenants of 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.
NF%V6,
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4' cilry of
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d6ra I Way
CrTY HALL
33325 Sth Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wim. otyoffederah-vaY cern
5.3 City 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
voiN �nts licmsccs, �rreiw�t �tives _arisin�from,_-r-rLi—iffin,�#j from or connected with this -AgreementADAhe-extent
solely caused by the negligent acts, effors, 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 Ihgt��dfion and Modifkatio . 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.
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
I be and remain in fall 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 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
recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to
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 Grantee
represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This
CITY OF
fbderal
My
CITY HALL
33323 € th Avenue South
Federal Way, UWP, 3€ 003- 325
(2 a3) 333-2000
wvww c ity offedera,"wa,y corn
., same
effect
, . as if all Parties
• ` ... r had signed the
same document. All such
counterparts shallbe
construed
together and shall constitutebut making proof `r . only be necessary to produce
one r a r. The signature and acknowledgment page from such counterpartsbe assembled
together
i to form a single of all pagesof Agreement a • y.complete
signature r acknowledgment pages.date uponi of all of _ Parties have executed i
counterpart of ._ _ shall
be the r.te of iexecution"hereof.
IN WITNESS, the Parties execute this Agreement below, effective the last date written below.
CITY OF FEDERAL WAY:
Ji Mayor
ATE:
LIM
Printed Name:
Title C?
ATE: mm
Services Business Lookup 3 DEL AGUILA
License Information:
Expiration date
Entity name:
3 DEL AGUILA LLC
Business name:
3 DEL AGUILA
Entity type:
Limited Liability Company
UBI #-
603-537-163
Business ID:
001
Location ID:
0001
Location:
Active
Location address:
33606 PACIFIC HWY S ST E 4
FEDERAL WAY WA 98003-6874
Mailing address:
31919 1 STAVE S
STE 201
FEDERAL WAY WA 98003-5229
Excise tax and reseller permit status: Click here
Secretary of State status:
Click here
Endorsements
Endorsements held at this location License # Count
Cigarette Retailer
Federal Way General Business 16 -100112 -00 -BL
Grocery Store Beer[Wine 427822
Tobacco Retailer - No Fee
Vapor Product Retailer
Details Status
Expiration date
Active
Apr -30-2021
Active
Aug -31-2020
Active
Aug -31-2020
Active
Apr -30-2021
Active
Apr -30-2021
Governing People May Include governing people not registered with Secretary of State
Governing people Title
SANTOS, YEDITH
TORRES, RENATO
lmmwwm� �-RMMKE��-
Working together to fund Washington's future
First issuanGE
Apr -15-2020
Jan -11-2016
Feb -11-2019
Apr -15-2020
Apr -15-2020
https://secure.dor.wa.gov/gteunauth/—/#21 111