AG 20-517 - WCF ServicesEXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: ECONOMIC DEVELOPMENT
. ORIGINATING STAFF PERSOMJOHNSON— . EXT: 2412 3. DATE REQ. BY.- ASAP _—M
TYPE OF DOCUMENT (CHECK ONE):
F-1 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, REP, RFQ)
11 PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
1:1 PROFESSIONAL SERVICE AGREEMENT [I MAINTENANCE AGREEMENT
F-1 GOODS AND SERVICE AGREEMENT El HUMAN SERVICES / CG
El REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT (E.G. BOND RELATED DOC NTS)
El ORDINANCE 0 RESOLUTION
El CONTRACT AMENDMENT (AG#):_ [I INTERLOCAL
X OTHER CARES ACT FUNDS BU S INFSS SUPPORT GRANT AGREEMENT
PROJECT E: CARES ACT GRANT— ROUND 1
NAME OF CONTRACTOR: WCFSERVICES INC
ADDRESS: 33516 9TH AVE S, #7, FEDERAL WAY, WA, 98003 TELEPHONE: (253) 736-5900
E-MAIL: WCFSERVICES@GMAIL.COM
SIGNATURE NAME: PECHENYUK TITLE: SEEATTACHED
EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES El COMPENSATION El INSURANCE REQUIREMENTS/CERTIFICATE El Ai
OTHER REFERENCED EXHIBITS El PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
0
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/I 00 ($ 1 1000.00)
(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, $__ PAID BY: El CONTRACTOR El CITY
IZETAINAGE: RETAINAGE AMOUNT: El RETAINAGE AGREEMENT (SEE CONTRACT) OR ED RETAINAGE BOND PROVIDE
El PURCHASING: PLEASE CHARGE TO-�QQ -1800-990-518-10-490
iget Code # 267662-250%,,_____
0. DOCUMENT/CONTRACT REVIEW
11 PROJECT MANAGER
1:1 DIRECTOR
• RISKMANAGE MENT (IF APPLICABLE)
• LAW
SCHEDULED COMMITTEE DATE:
SCHEDULED COUNCIL DATE:
U I . . NN
COMMITTEE APPROVAL DATE:
COUNCIL APPROVAL DATE:
F-1 SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
El ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
D CREATE ELECTRONIC REMINDERfNOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is need
INITIAL/ DATE SIGNED
El LAW DEPARTMENT SIGNED By LAW 07-28-20
IN-1w"'FAVY"
El CITY CLERK
D ASSIGNED AG#
'020
�$SMO_
CITY
A
P6deraj Way
CITY HALL
33325 Sth Avenue South
Federal Way., WA 98003-6325
(253) 835-7000
www cityoffederalway com
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
WCF SERVICES INC
This Grant Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal
corporation ("Cityand WCF Services, Inc., a Washington corporation ("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:
Roman Pechenyuk
33516 9TH AVE S, #7, Federal Way, WA 980
Mailing address:
311482 nd pl SW, Federal Way, WA 98023
Im
gum &-m au LygtLray, #'I V41 1 R616)00
Ade Ariwoola
33325 8th
Federal Way, WA 98003-6325
(253) 835-2520 (telep( one)
ilk (253) 835-2509 (facsimile)
I . 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):
X 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
�K Experienced 10-50% lost revenue
E] Experienced over 50% lost revenue
2.2 Use of Funds: Grantee affirms that grant funds will be used for the following purposem
CITY OF CITY HALL
33325 8th Avenue South
11
Federal Way Federal Way, WA 98003-6325
71
(253) 835-7000
vwvw cityoffederalway. cora
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
Grantee has incurred due to the COVID- 19 pandemic, the City shall provide a grant to the Grantee in an amouni
not to exceed One Thousand and NO/100 Dollars ($1,000.00).
4.2 Non -Appropriation 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.
92ME[MMMIR [OCR
5.1 ,Grantee Indemm'fication. 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 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
Citw,'s ins(wetion or accq%tance of anp of Grantee's work when corruf leted shall no! be grounds to avoid anp 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.
OTY OF
V%My
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
mm Wyoffedei-alway corn
5.3 City lhdem"��. 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, 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 hjjgq?Lr� and Mo4ification. 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 Par -ties.
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
or relinquishment of those covenants, agreements or options, and the same shall be and remain in fall force and
effect. Failure or delavi of the Citp to declare anri breach or default immediatehXW#.:on 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 Citys
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
CfTY HALL
33325 $th Avenue South
Federal Way, WA 98003-61325
(253) 335-7045
w cityof ederalway cora
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 i shall constitute one instrument,but . proof _ _ri it shall only be necessaryto 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 •.i` upon which the last of all of 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.
ATE:
SERVICESWCF
V _ • Name:gw(*ALJ;;��k
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Title:
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7/25/2020 eServices
Washington State Department of Reverwe
Services Business Lookup WCF SERVICES, INC
License Information: New search Back to results
Entity name: WCF SERVICES, INC
Business name: WCF SERVICES, INC
Entity type: Profit Corporation
I: 602-804-681
Business ID: 001
Location ID: 0001
Location: Active
Location address: 33516 9TH AVE S
STE 7
FEDERAL WAY WA 98003-6322
Mailing address: 31148 2ND PL SW
FEDERAL WAY WA 98023-4681
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 issuanCE
Federal Way General Business 11-104928-00- L Active Feb -28-2021 Jan -24-2017
Governing People May Include governing people not registered with Secretary ol'state
Governing peopleTitle
PCH ENYUK, ROMAN
Registered Trade Names
Registered trade names Status First issued
TAXES FOR LESS Active Sep -30-2011
WEST COAST FINANCIAL SERVICES Active Feb -20-2008
The Business Lookup information is updated nightly. Search date and time: 7/25/2020 5:35:41 PM
https://secure.dor.wa.gov/gteunauth/—,/#572