AG 20-804 - C & C SmokeRETURN TO: Tim Johnson EXT: 2412
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPI/DIV-. ECONOMIC DEVELQPMENT
. aWGINATING STAFF PERSON: -11M jO1jNq-q�L, EXT: 2412 3. DATE
TYPE OF DOCUMENT (CHECK ONE):
F-1 CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
El PUBLIC WORKS CONTRACT 0 SMALL OR LIMITED PUBLIC WORKS CONTRACT
El PROFESSIONAL SERVICE AGREEMENT C1 MAINTENANCE AGREEMENT
El GOODS AND SERVICE AGREEMENT El HUMAN SERVICES/ CDG
0 REAL ESTATE DOCUMENT El SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
El ORDINANCE 11 RESOLUTION
El CONTRACTA NT (AG#):_ El INTERLOCAL
X OTHER CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
NAME OF CONTRACTOR: C & C SMOKE LLC (Smoa Was)
ADDRESS: 32901 1ST AVE S # H, FEDERAL WAY WA 98003 TELEPHONE: (206) 592-2376
E-MAIL: CNCSMOKE23@GMAIL.COM
SIGNATURE NAME: SO HYON LEE TITLE: SEE ATTACHED
EXHIBITS AND ATTACHMENTS: E SCOPE, WORK OR SERVICES 11 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 A
OTHER REFERENCED EXHIBITS E PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS i
COMMENCEMENT DATE: SEE ATTACHED AGREEMENT COMPLETION DATE:
TOTAL COMPENSATION$ (INCLUDE EXPENSES AND SALES TAX, IF ANY) ONE THOUSAND AND NO/100 ($1,000
(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 El YES X NO IF YES,
RETArNAGE: RETAINAGE AMOUNT:
ROVIDED
� 11 1111r1111111T411 s
0111 1 , IL . . L 11A
0 PURCHASING: PLEASE CHARGE TO: a 001-1800-990-51,8-10m-490 Proj ode ect C #267662-25060
DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED
El PROJECT MANAGER
D�-M'RCTO R
El RISK MANAGEMENT (IF APPLICABLE)
El LAW
1. COUNCIL APPROVAL (IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMIT -FEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: CouNcit, APPROVAL DATE:
11 SENT TO VENDOR/CONTRACTOR DATE SENT: --- DATE REC'D:-
11 ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
0 CREATE ELECTRONIC REMINDERiNOTIFICATION 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.)
INITIAL DATE SIGNED
El LAW DEPARTMENT Nt
TORY (MAYOR OR DIRECTOR) T -
El CITY CLERK lolls
L1 ASSIGNED AG # AG#
;OE S:
CITY OF CITY HALL
33325 8th Avenue South
Federal Way: WA 98003-6325
M N414.6� Federal Way
oaftw'Zt�� f253) 5SS-7000
utmftwv it com
CARES ACT FUNDS BUSINESS SUPPORT GRANT AGREEMENT
WITH
C & C SMOKE LLC
This Grant Agreement ("Allreement") is made between the City of Federal Way, a Washington municipal
corporation ("Cityand C & C Smoke 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 under this Agreement:
FQ��I Ell N
SO HYON LEE
3 2901 1 st Ave S 9 11
FEDERAL WAY, WA 98003
(206) 592-2376 (telephone)
cticsmoke216.
Ade Ari woola
33325 8th Ave. S.
Federal Way, WA 98003-6325
(253) 835-2414 (telephone)
(253) 835-2509 (facsimile)
1. TERM. This agreement contemplates a one-time grant of funds to the Grantee under the conditions
described herein.
2.1 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 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 revenues do not exceed more than $1.5 million per year;
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 gpk1_yj.-
E] Was required by state or local order to close
Was forced to lay off employees due to reduced patronage
incurred over $ 1,000 in COVfD- 19 related expenses
Experienced 10-50% lost revenue
Experienced over 50% lost revenue
CARES ACT BUSINESS GRANT AGREEMENT
- I -
MEMO
CITY Of
F6deml My
CrFY HALL
33325 Sth Avenue South
NiN9L-18 �R9,*
NOMM69A
n22zAzffLgazUfi=ff11ffN
2.2 Use of Fund: 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. TMMINATION. Should any of the conditions described in section 2.1 above, not be met, the City
may recover ali ai;bursed 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 pan emic, the City shall provide a grant to the Grantee in an amount
not to exceed One Thousand and NOI 100 Dollars ($ 1,000.00).
4.2 NOft�Apvr&Oriation 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. INDEMNIFICATIO?m
AN
5.1 Qg 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 deter -mine 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 concur -rent 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, attomeys, 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
y K411
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
F6dam I Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(283)838-70C
WAVW 4_-i(yVff(RATW I IM'11V Q)a!
513 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 ten-nination.
6.1 tri�lon ani Mvdific�on- This Agreement contains all of the agreements of the Parties
with respect to any mattdr 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 tn�cut. 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 full force and
effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive
aT4W* r is
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
Washington. Each party consents to thepersonal jurisdiction of the state and federal courts in King County,
Washington and waives any objection that such courts are an inconvenient forum. If eltherParty brings any
claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and
expenses incuff ed in defending or bringing such claim or lawsuit, including all appeals, in addition to any other
Parties' rights to indemnification under Section 5 of this Agreement.
CARES ACT BUSINESS GRANT AGREEMENT -3 - 7/2021E
r -try ar CITY HALL
33325 Sth Avenue South
444k, Federal Way Federal Way, VVA 98003-6325
(253) a36-7000
6.3 Excedfi6n, 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
41*!b Ripfc,&.21 2ai--ffi*1
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.
!1�11 i 1� 11111!111 RIVIN ���
NM
DATE:
... ....... /
CARES ACT BUSINESS GRANT AGREEMENT -4- 7/202M
Services Business Lookup SMOKE N THINGS
License Information -
Expiration date
Entity name.,
C & C SMOKE LLC
Business name-
SMOKE N THINGS
Entity type,
Limited Uabilfty Company
1181 #:
503-292-055
Business ID.
001
Location ID:
0001
Location:
Active
Location address:
32901 1 ST AVE S, ST E H
FEDERAL WAY WA 98003-2604
Mailing address:
32901 1 ST AVE S STE H
FEDERAL WAY VVA 98003-2604
Excise tax and reseller pen-nft status: Click here
Secretary of State status:
UlO here
74 1 K M-TTT-j TIT, M -
Endorsements held at this location License # Count Detail
Cigarette Retailer
Federal Way Genera[ Busmess 13 -101993 -00 -BL
Tobacco Retailer - No Fee
Vapor Product Retailer
Governing People may inctodo governfug pewe not registered with Secretaryof State
Governing people itle
LEE, SO HYON
Registered Trade Names
Registered trade names Status
C & C VARIETY Active
C & C SMOKE Active
New search Back to results
Status
Expiration date
First issuance
Active
Apr -30-20211
Apr -17-2013
Active
Apr -30-20211
May -09-2013
Active
Apr -30-2021
Apr -17-2013
Active
Apr -30-2021
Aug -117-2016
Working together to fund Washington's future
U�b3eb li �