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AG 20-435 - RC DetailingRETURN TO: TIM JOHNSON EXT: 2412 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM W� NIMMEMNEd ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: TIM JOHNSON EXT: 2412 3. DATEREQ.BY. ASAP El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PLJ13LIC WORKS CONTRACT El PROFESSIONAL SERVICE AGREEMENT El MAINTENANCE AGREEMENT El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDG El REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) 1:1 ORDINANCE E] RESOLUTION El CONTRACT AMENDMENT (AG#)-- DINTERLOCAL X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT PROJECT NAME: CARES ACT GRANT — ROUND I NAME OF CONTRACTOR: RCDETAILING ADDRESS: 31500 33RD PL SW, #201, FEDERAL WAY, WA, 98023 TELEPHONE: (253) 740-3136 E-MAIL: CESARAVELAR62614@GMAIL.COM SIGNATURE NAME: AVELAR AVELAR TITLE: SEEATTACHED EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 11 REQUIRED LICENSES D PRIOR CONTRACT/AMENDMENTS 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 EIYES X NO IFYES,$1 PAID BY: 0 CONTRACTOR 0 CITY RETAINAGE: RETAINAGEAmoUNT: D RETAINAGE AGREEMENT (SEE CONTRACT) OR Ei RETAINAGE BOND PROVID2 El PURCHASING: PLEASECHARGETO: 001-1800-990-518-10-490, Pro . iect Code # 267662-25060, 0. DOCUMENT/CONTRACT REVIEW =0 P, JECT MANAGER IRECTOR El RISK MANAGEMENT (IF APPLICABLE) 0 LAW I W40110way-4i &I IFICAN 111IRNMITIME INITIAL / DATE REVIEWED SCHEDULED COUNCIL DATE: INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: El SENT TO VENDOR/CONTRACTOR DATE SENT: DATE PEC'D:— * ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS * CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (include dept. support staff if necessary and feel ffee to set notification more than a month in advance if council approval is needed.) we INITIAL / DATE SIGNED * L -PARTMENT (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# 1/2020 & cily Of v;�W Fbdefal My WITH RC DETAILING CITY HALL 33325 8th Avenue South Federal Way,. WA 98003-63 (253) 835-7000 www cityoffederalwqv. coin This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and RC Detailing, 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: RC DETAILING: Cesar Avelar 31500 33rd PL SW, #201 FEDERAL WAY, WA 98023 Ade Ariwoola 33325 8th Ave. S. Federal Way, WA 98003-63E',' (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): �Q Was required by state or local order to close E] Was forced to lay off employees due to reduced patronage E] Incurred over $1,000 in COVID-19 related expenses Experienced 10-50% lost revenue Experienced over 50% lost revenue lip 1`1111111 i U T'M#= CITY OF CITY HALL A 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 mwvcityoffederalway. coin a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing F) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2. 1, above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses ,VW._c1V-4VX1"' "VIA a grant to the Gr�-ntee in an amount not to exceed One Thousand and NO/ 100 Dollars ($ 1,000. 00). 4.2 Non-Avoromiation 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. MJJEEWaMgHMVLUg1 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. 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. CITY OF A F�doral V��y CITY HALL 33325 Sth Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffedera&�* coin 5.3 Citv Ihdernhi�kqjj�n. 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 agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, • 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 • • • InterDretation and Moegiffl. This Agreement contains all of the • 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 address( set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of tf. notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notic so posted in the United States mail shall be deemed received three (3) days after the date of mailing. An remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall t cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City t insist upon strict performance of any of the covenants and agreements contained in this Agreement, or t exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiv( or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force an effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waiv such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City, right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted i accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference c claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall b by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King Count3 Washington, unless the parties agree in writing to an alternative process. If the King County Superior Coui does not have ;urisdiction over such a suit then suit mU, be filed in anki other ro-via, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King Count) Washington and waives any objection that such courts are an inconvenient forum. If either Party brings an, claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees ani expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any othe recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed t( 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 00 CITY HALL F�deral Federal 0• V%la 835-7000 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 together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produc:k 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 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. I IM DATE: ea • By: Printed Name: (� Title: ATE: 7/25/2020 0999sammWem License Information: Entity name: RC DETAILING LLC Business name: RC DETAILING LLC Entity type: Limited Liability Company UI: 604-521-998 Business ID: 001 Location ID: 0001 Location: Active Location address: 31500 33RD PL SW APT H201 FEDERAL WAY WA 98023-5919 Mailing address: 31500 33RD PL SW APT H201 FEDERAL WAY WA 98023-5919 Excise tax and reseller permit status: Click here Secretary of State status: Click here eServices Endorsements Endorsements held at this location License # Count Details Status Expiration date First issuance Federal Way Home Occupation Active Oct -311-2020 Oct -15-2019 Business Governing People may include governing people not registered with Secretary of State Governing people Title AVELAR-VELASCO, CESAR The Business Lookup information is updated nightly. Search date and time: 7/25/2020 4:09:00 PM https://secure.dor.wa.gov/gteunauth/­,/#238 111 8/17/2020 Corporations and Charities System Business Name: RC DETAILING LLC UI Number: 604521998 Business Type: WA LIMITED LIABILITY ANY Business Status: ACTIVE Principal Office Street Address: 31500 33RD PL SW APT H201, FEDERAL WAY, WA, 98023-5919, UNITED STATES Principal Office Mailing Address: 31500 33RD PL SW APT H2011, FEDERAL WAY, WA, 98023-5919, UNITED STATES Expiration Date: 10/31/2020 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 10/03/2019 Period of Duration: PERPETUAL Inactive Date: Nature of Business: OTHER SERVICES, AUTO DETAILING Registered Agent Name: CESAR AVELAR-VELASCO Street Address: 31500 33RD PLS APT H201, FEDERAL WAY, WA, 98023-5919, UNITED STATES Mailing Address: 31500 33RD PL SW APT H201, FEDERAL WAY, WA, 98023-5919, UNITED STATES mm Governors Typ(; FNDIVIDUAL https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation Entity Name First Name Last Name