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AG 20-787 - Rapi-Enviosme"I CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING rIV' ECONOMIC DEVELOPMENT ORIGINATING STAFF PERSON: _jim jogNsg�_ EXT: 2412 3. DATEREQBYASAP 4. TYPE OF DOCUMENT (CHECK ONE): El CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) • PUBLIC WORKS CONTRACT 11 SMALL OR LIMITED PUBLIC WORKS CONTRACT • PROFESSIONAL SERVICE AGREEMENT 11 MAINTENANCE AGREEMENT 0 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CDBG El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) * ORDINANCE [I RESOLUTION * CONTRACTA T (AG#)-.—,— El INTERLOCAL * OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT 5. PROJECT NAME: I CARES ACT GRANT- =RQUIN D 6. NAME OF CONTRACTOR: RAPI-ENVIOS ADDRESS: 4602 45TH AVE NE # 461, FEDERAL WAY WA 98003-4903 T ELEPHONE: (704) 491-0002 E-MAIL: RAPiENvios7@GMAIL.COM SIGNATURE NAME: LISSETTE DE PAC TITLE: SEE ATTACHED 7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El ALL OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 1:1 PRIOR CONTRACT/AMENDMFNTS 8. TERM: COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE: 9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100.01,000.00) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES X NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED El YES X NO IF YES, $ RETAINAGE: RETAINAGE AmoUNT: --0 RETAINAGE AGREEMENT (SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDED 0 PURCHASING: PLEASE CHARGE TO: 001-1800-990-518-10-490 Project Code #267662-25060 10. DOC?LIENT/CONTRACT REVIEW INITIAL DATE REVIEWED INITIAL / DATE APPROVED I ECT MANAGER � MITITOR . El RISKMANAGEMENT (IF APPLICABLE) El LAW 11. CEL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS El 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 El LAW DEPARTMENT N/A VA3110NATORY (MAYOR OR DIRECTOR) El CITY CLERK El ASSIGNED AG# COMMENTS: 1/2020 N CITY HALL 33325 8th Avenue South Federal 98D03-63 FUNDS(253) 83&7000 CARES ACT BUSINESS SUPPORT GRANT AGREEMENT This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Rapi-Envios, 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 er this Agreement: RAPI-ENVIOS, LISSETTE T. REYES DE PAC Ade Ariwoola 31009 Pacific Hwy S # 103, Federal Way, WA 98003 33325 8th Ave. S. Mailing address: 4602 5t" Ave NE # 461 Federal Way, WA 98003-6325 TACOMA, WA 98422 (253) 835-241 (telephone) () 651-7431 (telephone) (253) 835-2509 (facsimile) r pie vi s7(d),, il.co o _,ci yo fe er ay.co 1. TERM. This agreement contemplates a one-time grant of flinds, to the Grantee under the conditions described herein. 2.1 Warranties: The Grantee warrants the following, pre -requisites forgrant eligibility: a) Grantee operates a business physically located within the political s boundaries of th- City of 1` • Grantee maintains a current City of i; business c) Grantee has •, • all taxes and government fees due up isthedate of :i of grant agreement; d) 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); e) Grantee's net it not exceed more than $1.5 millionper year; f) Grantee does not operate as a tax-exempt business as defined by the Internal Revenue Due to COVIED-19, Grantee business (check all thaLapRl)�: F-1 Was required by state or local order to close ■',. Was forced to lay off employeesdue to reduced patronage CARES ACT BUSINESS GRANT AGREEMENT - 1 - 7/202 C�Ty OF FOdera I V%My CITY HALL 33325 8th Avenue South ,14%,11JA xgli 9. In 2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposes: a) Mortgage or Rent b) Personal Protection Equipment c) Insurance d) Utilities e) Marketing f) Payroll Grantee agrees to retain receipts documenting use of grant funds and will provide them to the City or its designee upon request. 3. TERMINATION. Should any of the conditions described in section 2.1 above, not be met, the City may recover all disbursed grant funds and terminate this agreement. 4.1 Amount. In order to promote healthy economic activity in the City and in response to the losses not to exceed One Thousand and NO/1 00 Dollars ($ 1,000.00). 4.2 Non-AppLqpriation 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. 5.1 QJJmd& Ind6minfigation. 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 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 indemniN the CRN its elected officials. officers, employ&e"gents, M."Oresentatives. * 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 inderrmification. 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. f" CARES ACT BUSINESS GRANT AGREEMENT 07Y OF Clr� HALL 33325 Sth Avenue South Fbde!al My Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway. com 5.3 Oty Indemnification. 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 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 figgMr"kh And Modifleatibn. 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 Jr Kull and void, or illepl ;,hall ' i,i tri 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 vr, 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 M r relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and Stull Moduli 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 �urisdiction over such a suit then suit magi be filed in 2MLAQthuA-i#m,,*,riate court in King Countk:g 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 fortim. 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 exgenses incurred in defendin or brininA such claim or lawsuit, includinj all anjejs, 1i gj oflj Parties' rights to indemnification under Section 5 of this Agreement. CARES ACT BUSINESS GRANT AGREEMENT -3- 7/20:1, C� OF CITY HALL 33325 8th Avenue South 41S� F;6dera1" Voy Federal Way, WA 98003-6325 (253) 8354000 www.� kmijlwuycon) 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 6 th 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 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 M Printed Name: Title: Member FIVATE: 10/12/2020 ffm CARES ACT BUSINESS GRANT AGREEMENT -4- 7/2021t, Services Business Lookup RAPI-ENVIOS License Information: Entity name: RAP[-ENVIOS LLC Business name: RAPI-ENVIOS Entity type: Limited Liability Company UBI #: 604-272-625 Business ID: 001 Location ID: 0001 Location: Active Location address: 31009 PACIFIC HWY S SPC 103 FEDERAL WAY WA 98003-4903 Mailing address: 4602 45TH AVE NE APT 461 TACOMA WA 98422-4430 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at this location License # Count Federal Way General Business 18 -102311 -00 -BL Governing People may include governing people not registered with Secretary of State Governing people DE PAC, LISSE-rTE 79227�11 �*. �- Status Expiration date First iSSUancE Active May -31-2021 Jun -19-2018 The Business Lookup information is updated nightly. Search date and time: 8/24/2020 10:42:22 AM