HomeMy WebLinkAbout26-136 - Contract - King County - Youth and Amateur Sports Grant Agreement: Get Active Stay Active ProgramDocusign Envelope ID: 6F5BC164-CC3D-8A69-82CB-OE29803FF744
26-136
Council Approval N/A
City of Tukwila Parks and Recreation — Tukwila Parks & Recreation Youth Scholarships (2026-2027) — 6492369
Task - 1.64
Department/Division
Agency
Proj ect:
LIAI King County
Youth and Amateur Sports Grant Agreement
Get Active / Stay Active Program
Natural Resources and Parks / Parks and Recreation
City of Tukwila Parks and Recreation
Tukwila Parks & Recreation Youth Scholarships (2026-2027)
Amount: $15,000.00 Proj ect#
1149295 Contract#: 6492369
Term Period: 5/22/2026 17:55 AM PDT To 03/31/2028
THIS AGREEMENT ("Agreement") is entered into by King County (the "County"), and City of
Tukwila Parks and Recreation (the "Agency"), (collectively the "Parties") for programming that
reduces barriers and increases access to physical activity using a Youth and Amateur Sports Grant
("YASG" ).
RECITALS
A. The Agency is either a public agency or a non-profit organization that provides youth or
amateur sports opportunities or acts as a fiscal sponsor for community organization.
B. King County, a home rule chapter county and political subdivision of the State of
Washington, is authorized to administer the YASG Program and enter into agreements
for the use of King County funds by public agencies, nonprofit organizations, or fiscal
sponsor for community organizations that increase access to sports and physical activity
under King County Ordinance 19956
C. The Agency shall utilize the Grant Award Funds to address an athletic need in King
County.
D. King County has selected the Agency to receive a YASG award in the amount of
$15,000.00 ("Grant Award Funds") for programming designed to provide increased
athletic opportunities for the citizens of King County, Washington
NOW THEREFORE, in consideration of payments, covenants, and other provisions set forth in
this Agreement, the Parties agree as follows:
GRANT AWARD TERMS AND CONDITIONS
DEFINITIONS
1.1 Proj ect.
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The term "Project" means the specific project described in Exhibits A and B. Grant Award
Funds available pursuant to this Agreement may only be used for the Project. To complete
the Project, Grant Recipient shall use the Grant Award Funds to complete the Projects, as
set forth in Exhibits A and B, consistent with the requirements set forth in this Agreement
and in the following attached exhibits, which are incorporated herein by reference:
Scope of Work
Attached hereto as Exhibit A
Project Budget
Attached hereto as Exhibit B
Insurance Requirements
Attached hereto as Exhibit C
1.2 Location. This Agreement applies to the Project to take place at the site ("Site")
which is located at:
Tukwila Community Center, 12424 42nd Ave S Tukwila, WA 98168
1.3 Scope of Work. Agency shall provide a County -approved Project summary and
scope of work ("Scope of Work"), attached hereto as Exhibit B, which describes
the Project in detail and includes a description of the various program milestones
required for completion of the Project and intended use of the Grant Award Funds.
Agency shall apply the funds received from the County for the Project under this
Agreement in accordance with the Scope of Work, attached hereto as Exhibit A.
1.4 Project Budd. Agency shall work with King County to develop a Project Budget,
attached hereto as Exhibit B. King County shall provide the Grant Award Funds to
the Agency to pay for costs and expenditures related to the Project, as set forth in
Exhibits A and B. Grant Award Funds provided to the Agency may only be used to
pay for costs and expenditures related to the Project, as set forth in Exhibits A and
B.
1.5 Contractor. Contractor shall include any contractor or consultant hired by the
Agency, including any of the contractor's or consultant's subcontractors or
subconsultants.
2. EFFECTIVE DATE
The Agreement shall be effective upon signature by both Parties ("Effective Date").
3. TERM
The term ("Term") of this Agreement shall begin on the Effective Date and end on
03/31/2028. This Agreement shall remain in effect until such time as it is amended in
writing or terminated as provided herein.
4. AMENDMENT S
This Agreement together with the attached exhibits expressly incorporated herein by
reference and attached hereto shall constitute the whole Agreement between the Parties.
This Agreement may be amended only by an instrument, in writing, duly executed by the
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Parties. A one-time, one-year extension to the Contract End Date may be granted without
due execution if agreement by both parties is documented in writing, which shall then be
incorporated and attached to this Agreement herein.
NOTICES
Unless otherwise specified in the Agreement, all notices or documentation required or
provided pursuant to this Agreement shall be in electronic form and shall be deemed duly
given when received at the addresses first set forth below via electronic mail.
KING COUNTY
City of Tukwila Parks and Recreation
Parks Grant Manager
David Rosen
Fiscal Analyst
King County Parks
City of Tukwila Parks and Recreation
201 S Jackson Street
Suite #6500
12424 42nd Avenue S
Seattle, WA 98104
Tukwila, WA 98168
206-848-0699
206-767-2310
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Notice by e-mail shall be deemed to have been given on the date of transmission. Either
Party hereto may, at any time, by giving ten (10) calendar days written notice to the other
Party to designate any other person or address in substitution of the foregoing information
to which such notice or communication shall be given.
6. DISBURSEMENT OF GRANT FUNDS
6.1 Notwithstanding the Effective Date of this Agreement, the County shall pay for
eligible and authorized costs supported by adequate documentation, as determined
by the County, for the work specified in the Scope of Work (Exhibit A) expended
from 08/03/2025 through 03/31/2028.
6.2 Pre -contract costs are those incurred between Decision Date and the Agreement
Effective Date and are only reimbursable upon request and only after the
Effective Date of the Agreement by the Parties. These costs are allowable for
reimbursement to the extent that they are eligible and authorized costs and
expenses supported by adequate documentation, as determined by the County, for
the work specified in Exhibit A.
6.3 The County may authorize, at County's sole discretion, release of a portion of the
Grant Award Funds to Agency, upon execution of this Agreement, and receipt of
Agency's County -approved completed Scope of Work and Project Budget (see
Section 1 and Exhibits A and B).
6.4 The County shall initiate authorization for payment and disbursement of Grant
Award Funds in a timely manner after approval of sufficiently detailed Project -
related invoices submitted by Agency. The County shall make payment to
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Agency not more than forty-five (45) calendar days after a complete and accurate
invoice and any other required documentation is received from the Grant
Recipient and approved by the County.
6.5 Agency shall submit the final invoice, supporting documentation and any
outstanding deliverables, as specified in the Scope of Work (Exhibit A) and
Project Budget (Exhibit B), within thirty (30) calendar days of the date this
Agreement expires or is terminated. If the Agency's final invoice, supporting
documentation and reports are not submitted by the day specified in this
subsection, the County will be relieved of all liability for payment to Agency of
the amounts set forth in said invoice or any subsequent invoice.
7. GRANT REPORTING
All Grant Award Funds received pursuant to this Agreement and accrued interest therefrom
will be accounted for separately from all other Agency accounts and moneys. Until the
Project is completed, and all proceeds provided pursuant to this Agreement have been
expended, the Agency shall provide reports to the YASG Project Manager on a schedule
determined by the County.
8. COMPLETION OF THE PROJECT
Agency shall complete the Project described in Section 1.1 and Exhibits A and B of this
Agreement. If Agency cannot complete the Project, as specified by the Scope of Work and
deliverables set forth in Exhibit A, the County shall be released from any obligation to
fund the Project, and the County in its sole discretion may reallocate such funds for other
projects in other jurisdictions.
Pursuant to Section 18, Termination, this Agreement will be terminated if the Agency is
unable or unwilling to expend the Grant Award Funds for the Project as provided in this
Agreement. The Agency may not redirect Grant Award Funds for a purpose other than
completion of the Project as approved by the County.
9. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION
Agency shall recognize County as a `'grant sponsor" for the Project in the following manner:
9.1 Events: Agency shall invite and recognize "King County Parks" at all events
promoting the Project, and at the final Project dedication.
9.2 Community Relations: Agency shall recognize "King County Parks" as a "grant
sponsor" in all social media, websites, brochures, banners, posters, press releases,
and other promotional material related to the Project.
9.3 King County Parks Notification: Agency shall notify the King County Parks
Project Manager thirty (30) calendar days prior to any major milestone, such as a
groundbreaking or opening dates.
10. DISPOSITION OF REMAINING GRANT AWARD FUNDS
If Agency does not expend all proceeds obligated to be provided through this Agreement,
such proceeds, if held by Agency, shall be refunded to the County. For purposes of this
section, "proceeds" shall include all Grant Award Funds obligated to be provided by the
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County plus interest accrued by Agency on the grant funds. Any proceeds in excess of those
required to be provided by the County for the actual costs of the Project shall remain with
the County for use in its sole discretion.
11. PUBLIC ACCESS
The Grant Award Funds are provided for the purpose of developing and/or supporting the
delivery of sports activities or programming for, but not exclusively serving, persons under
twenty-four (24) years of age, and low and moderate income communities within King
County. Fees for the Project shall be no greater than those generally charged by public
operators or project providers in King County.
12. MINIMUM SCOPE AND LIMITS OF INSURANCE
The Agency shall maintain, and/or require its Contractor(s) to maintain the minimum scope
and limits of insurance as required in Exhibit C — Insurance Requirements.
13. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Agency shall establish and maintain a system of accounting and internal controls
which complies with applicable, generally accepted accounting principles, and
governmental accounting and financial reporting standards in accordance with Revised
Code of Washington (RCW) Chapter 40.14.
14. MAINTENANCE OF RECORDS
14.1 The Agency shall maintain accounts and records, including personnel, property,
financial, Project records, including Agreement deliverables, and other such records
as may be deemed necessary by the County to ensure proper accounting for all
Agreement funds and compliance with this Agreement.
14.2 These records shall be maintained for a period of six (6) years after the expiration or
earlier termination of this Agreement unless permission to destroy them is granted
by the Office of the Archivist in accordance with RCW Chapter 40.14
14.3 Agency shall inform the County in writing of the location, if different from the
Agency address listed on page one of this Agreement, of the aforesaid books,
records, documents, and other evidence and shall notify the County in writing of
any changes in location within ten (10) business days of any such relocation.
15. RIGHT TO INSPECT
The County reserves the right to review and approve the performance of the Agency with
regard to this Agreement, and, at its sole discretion, to inspect or audit the Agency's records
regarding this Agreement and the Project upon seventy-two (72) hours' notice during normal
business hours.
16. COMPLIANCE WITH ALL LAWS AND REGULATIONS
The Agency, in cooperation and agreement with the owners of the Site, shall comply with
all applicable laws, ordinances and regulations in using funds provided by the County,
including, without limitation, those relating to providing a safe working environment to
employees and, specifically, the requirements of the Washington Industrial Safety and
Health Act (WISHA); and, to the extent applicable, those related to "public works,"
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payment of prevailing wages, and competitive bidding of contracts. The Agency
specifically agrees to comply and pay all costs associated with achieving such compliance
without notice from King County; and further agrees that King County, does not waive this
Section by giving notice of demand for compliance in any instance. The Agency shall
indemnify and defend the County should it be sued or made the subject of an
administrative investigation or hearing for a violation of such laws related to this
Agreement.
17. CORRECTIVE ACTION
17.1 If the County determines that a breach of contract has occurred or does not approve
of the Agency's performance, it will give the Agency written notification of
unacceptable performance. The Agency will then take corrective action within a
reasonable period of time, as may be defined by King County in its sole discretion
in its written notification to the Agency.
17.2 The County may withhold any payment owed the Agency until the County is
satisfied that corrective action has been taken or completed.
18. TERMINATION
18.1 The County may terminate this Agreement in whole or in part, with or without
cause, at any time during the Term of this Agreement, by providing the Agency ten
(10) calendar days advance written notice of the termination.
18.2 If the termination results from acts or omissions of the Agency, including but not
limited to misappropriation, nonperformance of required services, or fiscal
mismanagement, the Agency shall return to the County immediately any funds,
misappropriated or unexpended, which have been paid to the Agency by the
County.
18.3 Any King County obligations under this Agreement beyond the current
appropriation year are conditioned upon the County Council's appropriation of
sufficient funds to support such obligations. If the Council does not approve such
appropriation, then this Agreement will terminate automatically at the close of the
current appropriation year.
18.4 The Agreement will be terminated if the Agency is unable or unwilling to expend
the Grant Award Funds as specified in Section 1 and Exhibits A and B, or upon
reimbursement by the Agency to the County of all unexpended proceeds provided
by the County pursuant to this Agreement and payment of all amounts due pursuant
to Section 5.
19. FUTURE SUPPORT: UTILITIES AND SERVICE
The County makes no commitment to support the services contracted for herein and
assumes no obligation for future support of the activity contracted for herein except as
expressly set forth in this Agreement. The Agency understands, acknowledges, and agrees
that the County shall not be liable to pay for or to provide any utilities or services in
connection with the Project contemplated herein.
20. HOLD HARMLESS AND INDEMIFICATION
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The Agency shall protect, indemnify, and save harmless the County, its officers, agents,
and employees from and against any and all claims, costs, and/or losses whatsoever
occurring or resulting from (1) Agency's failure to pay any such compensation, wages,
benefits, or taxes, and/or (2) work, services, materials, or supplies performed or provided
by the Agency's employees or other suppliers in connection with or support of the
performance of this Agreement.
The Agency further agrees that it is financially responsible for and will repay the County
all indicated amounts following an audit exception which occurs due to the negligence,
intentional act, and/or failure, for any reason, to comply with the terms of this Agreement
by the Agency, its officers, employees, agents, representatives, or subcontractors. This
duty to repay the County shall not be diminished or extinguished by the expiration or prior
termination of the Agreement.
The Agency agrees for itself, its successors, and assigns, to defend, indemnify, and hold
harmless King County, its appointed and elected officials, and employees from and against
liability for all claims, demands, suits, and judgments, including costs of defense thereof,
for injury to persons, death, or property damage which is caused by, arises out of, or is
incidental to any use of or occurrence on the Project that is the subject of this Agreement,
or the Agency's exercise of rights and privileges granted by this Agreement, except to the
extent of the County's sole negligence. The Agency's obligations under this Section shall
include:
A. The duty to promptly accept tender of defense and provide defense to the County at
the Agency's own expense
B. Indemnification of claims made by the Agency's employees or agents; and
C. Waiver of the Agency's immunity under the industrial insurance provisions of Title
51 RCW, but only to the extent necessary to indemnify King County, which waiver
has been mutually negotiated by the parties.
In the event it is necessary for the County to incur attorney's fees, legal expenses or other
costs to enforce the provisions of this Section, all such fees, expenses and costs shall be
recoverable from the Agency.
In the event it is determined that RCW 4.24.115 applies to this Agreement, the Agency agrees
to protect, defend, indemnify and save the County, its officers, officials, employees and
agents from any and all claims, demands, suits, penalties, losses damages judgments, or costs
of any kind whatsoever for bodily injury to persons or damage to property (hereinafter
"claims"), arising out of or in any way resulting from the Agency's officers, employees,
agents and/or subcontractors of all tiers, acts or omissions, performance of failure to perform
the rights and privileges granted under this Agreement, to the maximum extent permitted by
law or as defined by RCW 4.24.115, as now enacted or hereafter amended.
A hold harmless provision to protect King County similar to this provision shall be included
in all Agreements or subcontractor Agreements entered into by the Agency in conjunction
with this Agreement. The Agency's duties under this Section 20 will survive the
expiration or earlier termination of this Agreement.
21. NONDISCRIMINATION
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King County Code ("KCC") chapters 12.16 through 12.19 apply to this Agreement and are
incorporated by this reference as if fully set forth herein. In all hiring or employment made
possible or resulting from this Agreement, there shall be no discrimination against any
employee or applicant for employment because of sex, race, color, marital status, national
origin, religious affiliation, disability, sexual orientation, gender identity or expression or
age except minimum age and retirement provisions, unless based upon a bona fide
occupational qualification.
22. POLITICAL ACITIVITY PROHIBITED
None of the funds, materials, property, or services provided directly or indirectly under this
Agreement shall be used for any partisan political activity or to further the election or
defeat of any candidate for public office.
23. PROJECT MAINTENANCE, EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
23.1 As between the County and the Agency, the Agency shall be responsible to
operate and maintain the completed Project at its own sole expense and risk. The
Agency shall maintain the completed Project in good working condition
consistent with applicable standards and guidelines. The Agency understands,
acknowledges, and agrees that the County is not responsible to operate or to
maintain the Project in any way.
23.2 The Agency shall be responsible for all property purchased pursuant to this
Agreement, including the proper care and maintenance of any equipment.
23.3 The Agency shall establish and maintain inventory records and transaction
documents (purchase requisitions, packing slips, invoices, receipts) of equipment
and materials purchased with Agreement funds.
23.4 The Agency's duties under this Section 23 shall survive the expiration of this
Agreement.
24. ASSIGNMENT
Agency shall not assign any portion of rights and obligations under this Agreement or
transfer or assign any claim arising pursuant to this Agreement without the written consent
of the County. Agency must seek such consent in writing not less than fifteen (15)
calendar days prior to the date of any proposed assignment.
25. WAIVER OF BREACH OR DEFAULT
Waiver of breach of any provision in this Agreement shall not be deemed to be a waiver of
any subsequent breach and shall not be construed to be a modification of the terms of the
Agreement unless stated to be such through written approval by the County, which shall be
attached to the original Agreement. Waiver of any default shall not be deemed to be a
waiver of any subsequent defaults.
26. TAXES
The Agency agrees to pay on a current basis all taxes or assessments levied on its activities
and property, including, without limitation, any leasehold excise tax due under RCW
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Chapter 82.29A; PROVIDED, however, that nothing contained herein will modify the right
of the Agency to contest any such tax, and the Agency shall not be deemed to be in default
as long as it will, in good faith, be contesting the validity or amount of any such taxes.
27. WASHINGTON LAW CONTROLLING: WHERE ACTIONS BROUGHT
This Agreement is made in and will be in accordance with the laws of the State of
Washington, which will be controlling in any dispute that arises hereunder. Actions
pertaining to this Agreement will be brought in King County Superior Court, King County,
Washington.
28. PUBLIC DOCUMENT
This Agreement will be considered a public document and will be available for inspection
and copying by the public.
29. LEGAL RELATIONS
Nothing contained herein will make, or be deemed to make, County and the Agency a partner
of one another, and this Agreement will not be construed as creating a partnership or joint
venture. Nothing in this Agreement will create, or be deemed to create, any right, duty or
obligation in any person or entity not a party to it.
30. PERMITS AND LICENSES
The Agency shall develop and perform the Project in accordance with all applicable laws
and regulatory requirements including environmental considerations, permitting
determinations, and other legal requirements. All activities shall be performed by the
Agency at its sole expense and liability. Agency shall, at its sole cost and expense, apply
for, obtain and comply with all necessary permits, licenses and approvals required for the
Proj ect.
31. INTERPRETATION OF COUNTY RULES AND REGULATIONS
If there is any question regarding the interpretation of any County rule or regulation, the
County decision will govern and will be binding upon the Agency.
32. POLICE POWERS OF THE COUNTY
Nothing contained in this Agreement will diminish, or be deemed to diminish, the
governmental or police powers of the County.
33. ENTIRE AGREEMENT
This Agreement, including its attachments, constitutes the entire Agreement between the
County and the Agency. It supersedes all other agreements and understandings between
them, whether written, oral or otherwise.
KING COUNTY City of Tukwila Parks and Recreation
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EXHIBIT A - SCOPE OF WORK
Project Summary
The City of Tukwila Parks and Recreation Department will deploy Get Active Stay Active funds
to provide scholarships for Tukwila residents utilizing the department's youth programming. This
programming includes, but is not limited to, preschool, after school programs, summer camps,
athletic camps, and special interest classes such as arts and crafts, STEM programming, dance,
and more. The GASA award will be used to lower financial barriers to participation in
educational and recreation programming provided by the department.
Deliverables
Timeline
pnal
ress Reports
Re ort
Ongoing Program Advertising &
May 2026
Registration Start
Summer 2027 Programming
March 2027
Registration Starts
Final Report Submission
March 2028
The Grantee shall not make any significant changes to an approved project without prior written
consent of the County. Significant changes include, but are not limited to, a change to the
timeline that falls outside the contract period or a shift of more than twenty percent of funds
within the approved grant budget over the term of this Exhibit. If changes are necessary and
approved by the County, such changes will be formalized in a written amendment signed by all
parties.
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EXHIBIT B - PROJECT BUDGET
Program Costs $15,000.00
Indirect Costs $0.00
Personnel Costs $0.00
Totall $15,000
Grant Budget Changes
With written approval from the County, the Grantee may reallocate grant funds across budget line
items within twenty percent of the total grant budget without requiring an official contract
amendment. Indirect costs shall not exceed twenty percent of direct costs.
Budget Line Items Descriptions
Program Costs include but are not limited to youth scholarships for recreational programming.
Indirect Costs Indirect Costs include expenses of doing business that are not readily identified with
this grant, contract, project, function, or activity, but are necessary for the general operation of the
organization or the performance of the organization's activities.
Personnel Costs include but are not limited to staff pay and benefits.
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EXHIBIT C - INSURANCE REQUIREMENTS
1. Insurance Requirements
1.1. Grant Recipient shall purchase and maintain for the entire term of this Agreement or as
otherwise stated in this Exhibit, at its sole cost and expense, the minimum insurance set
forth below. By requiring such minimum insurance, the County does not and shall not be
deemed or construed to have assessed the risks that may be applicable to Grant Recipient,
or any Contractor under this Agreement, or in any way limit the County's potential
recovery to insurance limits required hereunder. To the contrary, this Agreement's
insurance requirements may not in any way be construed as limiting any potential liability
to the County or the County's potential recovery from Grant Recipient. Grant Recipient
and any Contractor shall assess their own risks and if they deem appropriate and/or prudent,
maintain greater limits and/or broader coverage.
1.2. Each insurance policy shall be written on an "occurrence" basis.
2. Evidence and Cancellation of Insurance
2.1. Within thirty (30) calendar days of Effective Date and upon request by the County, Grant
Recipient shall furnish the County certificates of insurance and endorsements certifying the
issuance of all insurance required by this Agreement which is to be maintained for the
entire term of the Agreement or as otherwise stated in this Exhibit. All evidence of
insurance shall be signed by a properly authorized officer, agent, general agent, or qualified
representative to the insurer(s), shall certify the name of the insured(s), the type and amount
of insurance, the location and operations to which the insurance applies, the inception and
expiration dates, shall specify the form numbers of any endorsements issued to satisfy this
Agreement's insurance requirements, and shall state that the County shall receive notice at
least thirty (30) calendar days prior to the Effective Date of any cancellation, lapse, or
material change in the policy(s). Certificate Holder: King County Parks, 201 S. Jackson
Street, Suite 5702, Seattle, WA 98104. Electronic evidence of insurance documents may be
emailed to: ParksGrants@kingcounty.gov.
The County reserves the right to require complete, certified copies of all required insurance
policies, including all endorsements and riders, which may be redacted of any confidential
or proprietary information. Grant Recipient shall deliver such policies to the County within
five (5) business days of County's request.
3. Minimum Scope and Limits of Insurance
3.1. Grant Recipient shall maintain the following types of insurance and minimum insurance
limits:
3.1.1. Commercial General Liability: $1,000,000 per occurrence and $2,000,000 in the
aggregate for bodily injury, personal and advertising injury, and property damage.
Coverage shall be at least as broad as that afforded under ISO form number CG 00 01.
Such insurance shall include coverage for, but not limited to, ongoing operations,
premises liability, products and completed operations, and contractual liability. Limits
may be satisfied by a single primary policy or by a combination of separate primary
and umbrella or excess liability policies, provided that coverage under the latter shall
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be at least as broad as that afforded under the primary policy and satisfy all other
requirements applicable to liability insurance including, but not limited to, additional
insured status for the County.
a. If the Grant Recipient will be using grant funds for youth sports activities,
the Commercial General Liability policy shall not contain a
CTE/Concussion exclusion.
b. If the Grant Recipient or its Contractor(s) will be working directly with
youth, Sexual Misconduct Liability coverage with minimum limits of
$1,000,000 per occurrence and in the aggregate shall be provided. Such
coverage may be included under a Commercial General Liability policy
or provided by a standalone policy.
3.1.2. Automobile Liability: If transportation will be provided, Grant Recipient and/or its
transportation Contractor(s) will maintain Automobile Liability insurance with a
minimum $1,000,000 combined single limit per accident for bodily injury and property
damage. Coverage shall be at least as broad as that afforded under ISO form number
CA 00 01 covering BUSINESS AUTO COVERAGE, symbol 1 "any auto"; or the
combination of symbols 2, 8, and 9. Limits may be satisfied by a single primary policy
or by a combination of separate primary and umbrella or excess liability policies,
provided that coverage under the latter shall be at least as broad as that afforded under
the primary policy.
3.1.3. Workers Compensation: If Grant Recipient or its Contractor(s) have employees,
then Workers Compensation coverage shall be maintained, as required by the Industrial
Insurance Act of the State of Washington, as well as any similar coverage required for
this Project by applicable Federal or "Other States" State Law.
3.1.4. Employers Liability or "Stop Gap" coverage: If Grant Recipient or its Contractor(s)
have employees, then Employers Liability or "'Stop Gap" coverage shall be maintained
with a minimum limit of $1,000,000 each occurrence and shall be at least as broad as
the protection provided by the Workers Compensation policy Part 2 (Employers
Liability), or, in monopolistic states including but not limited to Washington, the
protection provided by the "Stop Gap" endorsement to the commercial general liability
policy.
3.1.5. Fidelity and Crime Insurance. If a Fiscal Sponsor is a party to this Agreement, Fiscal
Sponsor(s) shall procure and maintain Fidelity and Crime insurance with a minimum
limit equal to the grant amount. Coverage shall include 'Join Loss Payable' ISO form
CR 20 15 10/10 or substantive equivalent; and 'Provide Required Notice of
Cancellation to Another Entity' ISO form CR 20 17 10/10.
4. Other Insurance Provisions and Requirements
4.1. All insurance policies purchased and maintained by Grant Recipient and any Contractor
required in this Agreement shall contain, or be endorsed to contain the following
provisions:
4.1.1. With respect to all liability policies except Professional Liability (Errors and
Omissions) and Workers Compensation:
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4.1.1.1. King County, its officials, employees, and agents shall be covered as
additional insured for full coverage and policy limits as respects liability arising
out of activities performed by or on behalf of the Grant Recipient, its agents,
representatives, employees, or Contractor(s) in connection with this Agreement.
Additional Insured status shall include products -completed operations CG 20 100
11/85 or its substantive equivalent. The County requires the endorsement(s) to
complete the Agreement.
4.1.2. With respect to all liability policies (except Workers Compensation):
4.1.2.1. Coverage shall be primary insurance as respects the County, its officials,
employees, and agents. Any insurance and/or self-insurance maintained by the
County, its officials, employees, or agents shall not contribute with any of Grant
Recipient's, or Contractor(s) insurance or benefit the Grant Recipient, or any
Contractor, or their respective insurers in any way.
4.1.2.2. Insurance shall expressly state that it applies separately to each insured and
additional insured against whom a claim is made and/or lawsuit is brought, except
with respect to the limits of insurer's liability.
5. Deductibles/Self-Insured Retentions
5.1. Any deductible and/or self-insured retention of the policies shall in all instances be the sole
responsibility of Grant Recipient or its Contractor, even if no claim has been made or
asserted against them.
6. Acceptability of Insurers
6.1. Unless otherwise approved by the County, insurance is to be placed with insurers with an
A.M. Best rating of no less than AXIII.
7. Self -Insurance
7.1. If the Grant Recipient is a governmental entity or municipal corporation, Grant Recipient
may maintain a fully funded self-insurance program or participate in an insurance pool for
the protection and handling of its liabilities including injuries to persons and damage to
property. Further, if Grant Recipient maintains a self-insurance program or participates in
an insurance pool, the additional insured requirement shall not apply to the coverage
provided by the self-insured program or insurance pool.
8. Contractors
8.1. Grant Recipient shall include all Contractors as insureds under its policies or, alternatively,
Grant Recipient must require each of its Contractors to procure and maintain appropriate
and reasonable insurance coverage and insurance limits to cover each of the Contractor's
liabilities given the scope of work and services being provided herein. Contractor(s) must
include the County, its officials, agents, and employees as additional insured for full
coverage and policy limits on its Commercial General Liability insurance and, if applicable,
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its Automobile Liability insurance. Upon request by the County, and within five (5)
business days, Grant Recipient must provide evidence of each Contractor(s) insurance
coverage, including endorsements.