HomeMy WebLinkAbout25-144 - Contract - King County - Youth Amateur Sports GrantDocusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
King County
Dept./Division
Grant
Recipient:
Project:
Contract #:
25-144
Council Approval 2/24/25
City of Tukwila Parks and Recreation —Tukwila Sports Academy— 6457990
Task - 1.05
LIQ King County
PROGRAMMING PROJECT GRANT AGREEMENT
Natural Resources and Parks / Parks and Recreation
Citv of Tukwila Parks and Recreation
Tukwila Sports Academ
6457990 Project#: 1148648
Amount: $100,000.00
Task #
Effective Agreement End
Date: 4/23/2025 I 1:39 PM PDT Date: 11/30/2026
1.05
THIS AGREEMENT ("Agreement") (CPA# 6457990) is entered into between King County
(the "County"), and City of Tukwila Parks and Recreation (the "Grant Recipient")
(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 Grant Recipient is a City or Town that provides youth or amateur sports
opportunities.
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 to address an athletic need in King County in
accordance with the biennial budget in effect at the time of execution, and any
amendments for supplemental appropriations thereafter.
C. King County has selected the Grant Recipient to receive a YASG award for
programming/program operation, designed to provide increased athletic
opportunities for the citizens of King County, Washington.
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Programming Project GrantA greement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
NOW THEREFORE, in consideration of payments, covenants, and agreements
hereinafter mentioned, to be made and performed by the parties hereto, the parties
covenant and do mutually agree as follows:
1. DEFINITIONS
Business Days
Monday through Friday, 8.00 a.m. to 5.-00 p.m., Pacific Time,
excluding holidays observed by the State of Washington.
Calendar Days
Consecutive days of the year including weekends and holidays,
each of which commence at 12:00:01 a. m. and end at Midnight,
Pacific Time. When "days "are not specified, Calendar Days
shall prevail.
Contractor
Includes any and all contractor(s) or consultant(s) hired by the
Grant Recipient, including any of the contractor's or consultant's
subcontractors or subconsultants.
Effective Date
The last date upon which the Agreement is signed.
Grant Award
The amount awarded to the Grant Recipient by King County.
Funds
Project
The term "Project"means the Grant Recipient's program
described in FxhibitA — Scope of Work
Public Records
Include any writing containing information relating to the conduct
ofgo vernment or the performance of any governmental or
proprietary function prepared, owned, used, or retained by any
state or local agency regardless of physical form or
characteristics. RCW 42.56.
RCW
The Revised Code of Washington.
Scope of Work
An Exhibit to the Agreement consisting of written description of
(SOW)
the work to be performed.
Subcontractor
The individual, association, partnership, firm, company,
corporation, or joint venture entering into an agreement with the
Grant Recipient to perform any portion of the Work covered by
this Agreement.
2. PROJECT SUMMARY
The summary of this Project for the purpose of this Agreement is as follows:
The Tukwila Sports Academy is an Expanded Learning Opportunity that incorporates
Social and Emotional Learning into an after-school sports initiative. The program aims
to provide a physical component to existing extracurricular opportunities to the diverse
student body of Tukwila, fostering holistic child development.
3. SCOPE OF WORK
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Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
Grant Recipient shall provide a scope of work ("Scope of Work"), including a project
summary, attached hereto as Exhibit A, which describes the Project in detail, including a
description of the various program milestones required for completion of the Project, the
intended use of the Grant Award Funds and the address of the site/location where the
Project is primarily taking place.
4. PROJECT BUDGET
Prior to execution of this Agreement, the Grant Recipient shall work with King County to
develop a Project Budget ("Project Budget"). The final Project Budget agreed upon by the
Parties is attached hereto as Exhibit B. King County shall provide the Grant Award Funds
to the Grant Recipient to pay for costs and expenditures related to the Project, as set forth
in Exhibits A and B. Grant Award Funds provided to the Grant Recipient may only be
used to pay for costs and expenditures related to the Project, as set forth in Exhibits A
and B.
5. GRANT AWARD FUNDS AND DISBURSEMENT
5.1 Grant Award Funds. Grant Recipient has received a YASG award in the
amount of $100,000.00 ("Grant Award Funds") for programming designed
to provide increased athletic opportunities and to address an athletic need
for the citizens of King County, Washington. Grant Recipient 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
B. Notwithstanding the Effective Date of this Agreement, the County shall
reimburse the Grantee for eligible and authorized costs and expenses
supported by adequate documentation, as determined by the County, for
the work specific in Exhibit B, beginning 9/1/2024, and concluding on
11/30/2026.
5.2 Separation of Accounts. All Grant Award Funds received pursuant to this
Agreement and accrued interest therefrom will be accounted for separately
from all other Grant Recipient accounts and moneys.
5.3 Partial Disbursement. The County may authorize, at County's sole
discretion, release of a portion of the Grant Award Funds to the Grant
Recipient, upon execution of this Agreement.
5.4 Invoicing. The County shall initiate authorization for payment and
disbursement of Grant Award Funds after approval of sufficiently detailed
Project -related invoices submitted by Grant Recipient. The County shall
make payment to Grant Recipient not more than thirty (30) calendar days
after a complete and accurate invoice and any other required
documentation is received and approved.
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Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
5.5 Final Invoice. Grant Recipient 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), no later than thirty (30)
days after the Contract End Date. If the Grant Recipient's final invoice,
supporting documentation, and reports are not submitted by the day
specified in this subsection, or if such final documents are not approved by
the County, then the County shall have no obligation to pay Grant Recipient
unless and until Grant Recipient submits, and the County approves, a
properly completed invoice. Grant Recipient must submit a corrected
invoice within 30 days after receiving notice of an improper or incomplete
invoice.
5.6 Disposition of Remaining Grant Award Funds. If Grant Recipient does not
expend all proceeds obligated to be provided through this Agreement, such
proceeds, if held by Grant Recipient, shall be refunded to the County. For
purposes of this section, "proceeds" shall include all Grant Award Funds
obligated to be provided by the County plus interest accrued by Grant
Recipient 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.
6. TERM
The term ("Term") of this Agreement shall begin on the Effective Date and end on
11/30/2026 ("Agreement End Date"). This Agreement shall remain in effect until such time
as it is amended in writing or terminated as provided herein.
7. AMENDMENTS
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
Parties.
6. 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
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Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
Community Investments Unit
Fiscal Analyst
King County Parks
City of Tukwila Parks and Recreation
201 S Jackson Street Suite (5702)
12424 42nd Avenue South
Tukwila
Seattle, WA 98104
Tukwila, WA, 98168
206-848-0699
206-767-2310
1p. !±2k qr ir, „@Ikiiir g ir, o�
david.rosen@tukwilawa.gov
*NOTE: Personal contact information for your assigned grant manager is
available in the grant management system
Either Party hereto may, at any time, by giving ten (10) 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.
9. GRANT REPORTING
Until the Project is completed, and all proceeds provided pursuant to this Agreement have
been expended, the Grant Recipient shall provide reports to the King County Project
Manager on a schedule determined by the County.
10. COMPLETION OF THE PROJECT
Grant Recipient shall complete the Project described in Exhibits A and B of this
Agreement. If Grant Recipient cannot complete the Project, as specified by the Scope of
Work and deliverables within 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 19, Termination, this Agreement will be terminated if the Grant
Recipient is unable or unwilling to expend the Grant Award Funds for the Project as
provided in this Agreement. The Grant Recipient may not redirect Grant Award Funds for
a purpose other than completion of the Project as approved by the County.
11. COMMUNICATION AND KING COUNTY MILESTONE NOTIFICATION
Grant Recipient shall recognize County as a "grant sponsor" for the Project in the following
manner:
11.1 Events. Grant Recipient shall invite and recognize "King County Parks" at
all events promoting the Project, and at the final Project dedication.
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Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
11.2 Community Relations. Grant Recipient 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.
11.3 King County Parks Notification. Grant Recipient shall notify the King County
Parks Project Manager thirty (30) days prior to any major milestone, such
as a groundbreaking or opening dates.
11.4 King County Council Notification. If Grant Recipient is a city or town,
notification to the King County Council thirty (30) days prior to any major
milestone, such as a groundbreaking or opening dates is, required.
11.5 Signage. If Grant Recipient shall recognize "King County Parks" on any
signage as a funder/contributor of project/facility. Grant Recipient is
required to use appropriate King County logo on any signage and
communications.
12. PUBLIC ACCESS
The Grant Award is provided to Grantee Organization for the Project for the purpose of
land protection and recreation for the citizens of King County. Therefore, Grantee
Organization and any successor in interest agree to maintain the Site for public use as
required by Ordinances 18890 and 19166 and the Parks Targeted Equity Grant
program requirements specified in Motion 15378.
Grant Recipient's duties under this Section 12 will survive the expiration or earlier
termination of this Agreement.
13. MINIMUM SCOPE AND LIMITS OF INSURANCE
Grant Recipient shall maintain, and/or require its Contractor(s) to maintain the minimum
scope and limits of insurance as required in Exhibit C — Insurance Requirements and as
evidenced in Exhibit D — Certificate(s) of Insurance and Endorsements.
14. INTERNAL CONTROL AND ACCOUNTING SYSTEM
The Grant Recipient 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 ,(IPC Clh a telr 0.1 .
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Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
15. MAINTENANCE OF RECORDS
15.1 The Grant Recipient 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.
15.2 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
,(IPC Clh�a telt �0.1�.
15.3 Grant Recipient shall inform the County in writing of the location, if
different from the Grant Recipient 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) calendar days of any such relocation.
16. RIGHT TO INSPECT
The County reserves the right to review and approve the performance of the Grant
Recipient with regard to this Agreement, and, at its sole discretion, to inspect or audit
the Grant Recipient's records regarding this Agreement and the Project upon seventy-
two (72) hours' notice during normal business hours.
17. COMPLIANCE WITH ALL LAWS AND REGULATIONS
The Grant Recipient, in cooperation and agreement with the owners of the Premises,
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) I � , ir...... .,..1...�.......I V: and, to the extent
applicable, those related to "public works," payment of prevailing wages, and competitive
bidding of contracts. The Grant Recipient 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 Grant Recipient 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.
16. CORRECTIVE ACTION
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Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
If the County determines that a breach of contract has occurred or does not approve of
the Grant Recipient's performance, it will give the Grant Recipient written notification of
unacceptable performance. The Grant Recipient 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 Grant Recipient.
The County may withhold any payment owed the Grant Recipient until the County is
satisfied that corrective action has been taken or completed.
19. TERMINATION
19.1 Termination for Convenience. 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 Grant Recipient ten (10) days advance written
notice of the termination.
19.2 Termination for Misuse of Funding. If the termination results from acts or
omissions of the Grant Recipient, including but not limited to
misappropriation, nonperformance of required services, or fiscal
mismanagement, the Grant Recipient shall return to the County
immediately any funds, misappropriated or unexpended, which have been
paid to the Grant Recipient by the County.
19.3 Termination for Insufficient Funding. 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.
19.4 Termination for Non -Performance. The Agreement will be terminated if the
Grant Recipient is unable or unwilling to expend the Grant Award Funds as
specified in Exhibits B and C, or upon reimbursement by the Grant Recipient
to the County of all unexpended proceeds provided by the County pursuant
to this Agreement and payment of all amounts due pursuant to Section 4 —
Grant Award Funds and Disbursement.
20. 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 Grant Recipient 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.
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Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
21. HOLD HARMLESS AND INDEMNIFICATION
The Grant Recipient shall protect, indemnify, and hold 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) Grant Recipient's failure to pay any such
compensation, wages, benefits, or taxes, and/or (2) work, services, materials, or supplies
performed or provided by the Grant Recipient's employees or other suppliers in
connection with or support of the performance of this Agreement.
The Grant Recipient 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 Grant Recipient's exercise of rights and privileges granted by
this Agreement, except to the extent of the County's sole negligence. The Grant
Recipient's obligations under this Section shall include:
21.1 The duty to promptly accept tender of defense and provide defense to the
County at the Grant Recipient's own expense;
21.2 Indemnification of claims made by the Grant Recipient's employees or
agents; and
21.3 Waiver of the Grant Recipient's immunity under the industrial insurance
provisions of;15- ll 1 IPC , 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 Grant Recipient.
In the event it is determined that..I.R..C..W 4 2.4 ,1„1 5. applies to this Agreement, the Grant
Recipient 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
Grant Recipient'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 ,I , �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 Grant Recipient in
conjunction with this Agreement.
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Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
The Grant Recipient's duties under this Section 21 will survive the expiration or earlier
termination of this Agreement.
22. CONTRACTOR INDEMNIFICATION AND HOLD HARMLESS
Grant Recipient will require its Contractors and any Subcontractors to defend, indemnify,
and hold King County, its officers, officials, employees, and volunteers harmless from any
and all claims, injuries, damages, losses, or suits including attorney's fees and costs,
arising out of or in connection with except for injuries and damages caused by the
negligence of King County.
23. NONDISCRIMINATION
IKiilrug..... ,q 1:..... c ......(.``IK ".).....ql l :!21...1......"�......:t1h�irou�.g.1h!.....1.2,...1. 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.
24. POLITICAL ACTIVITY 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.
25. PROJECT MAINTENANCE; EQUIPMENT PURCHASE, MAINTENANCE, AND
OWNERSHIP
25.1 The Grant Recipient shall be responsible to operate and maintain the
completed Project at its own sole expense and risk. The Grant Recipient
shall maintain the completed Project in good working condition consistent
with applicable standards and guidelines. The Grant Recipient understands,
acknowledges, and agrees that the County is not responsible to operate or
to maintain the Project in any way.
25.2 The Grant Recipient shall be responsible for all property purchased
pursuant to this Agreement, including the proper care and maintenance of
any equipment.
25.3 The Grant Recipient shall establish and maintain inventory records and
transaction documents (purchase requisitions, packing slips, invoices,
receipts) of equipment and materials purchased with Agreement funds.
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Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
The Grant Recipient's duties under this Section 25 shall survive the expiration of this
Agreement.
26. ASSIGNMENT
Grant Recipient 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. Grant Recipient must seek such consent in writing not less
than fifteen (15) days prior to the date of any proposed assignment.
27. 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.
28. TAXES
The Grant Recipient 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
I, Ih,,��telr3A; PROVIDED, however, that nothing contained herein will modify
the right of the Grant Recipient to contest any such tax, and the Grant Recipient 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.
29. DEBARMENT, SUSPENSION, OR INELIGIBILITY
By accepting the terms of this Agreement, Grant Recipient certifies that the Grant
Recipient nor its principals are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participating in this
Agreement by any Federal or State department or agency. If the Grant Recipient or its
principals become debarred, suspended or ineligible from participating in transactions,
Grant Recipient shall notify the County within fifteen (15) calendar days of an event.
The Grant Recipient agrees not to enter into any arrangements or contracts related to this
Agreement with any party that is on the "General Service Administration List of Parties
Excluded from Federal Procurement or Non -procurement Programs" which can be found
at ..........................................................v . rgoo ,or Department of Enterprise Services Debarment List which can be
found at !h..!t.p .:// s.. ...g od/ it ii,p / i it iiia.g::::.1 irpI ,iiiag/ giiir.g.::::lbusiness
i::::
state/vendor delbarment.
....................................................................................................................................
30. WASHINGTON LAW CONTROLLING; WHERE ACTIONS BROUGHT
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Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
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. Any claim or
action pertaining to this Agreement will be brought in King County Superior Court, King
County, Washington.
This Agreement shall be interpreted in accordance with the laws of the State of
Washington. Any claim or suit between the Parties arising out of this Agreement may only
be filed and prosecuted in King County Superior Court.
31. PUBLIC RECORDS REQUESTS
This Agreement shall be considered a public document and will be available for inspection
and copying by the public in accordance with .0p-! I... ....I IP„U,, B11 ll, l IECOIRIDS
(the "Act") or its successor act.
32. INDEPENDENT STATUS OF THE GRANT RECIPIENT
In the performance of this Agreement, the Parties will be acting in their individual,
corporate or governmental capacities and not as employees, partners, joint ventures, or
associates of one another. Nothing contained herein will make, or be deemed to make,
the County and the Grant Recipient 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.
33. PERMITS AND LICENSES
The Grant Recipient shall design, develop, and construct the Project in accordance with
all applicable laws and regulatory requirements including environmental considerations,
permitting determinations, and other legal requirements. All activities and improvements
shall be performed by the County at its sole expense and liability. Grant Recipient shall,
at its sole cost and expense, apply for, obtain, and comply with all necessary permits,
licenses and approvals required for the Project.
34. 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 Grant Recipient.
35. ORDER OF PRECEDENCE
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Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
In the event of any inconsistency in the terms of this Agreement, or between its terms and
any applicable statute, rule, or King County Code, the inconsistency shall be resolved by
giving precedence in the following order to:
1. Any Amendments to this Agreement;
2. This Agreement, including its Terms and Conditions and the following Exhibits;
a. Exhibit A — Scope of Work
b. Exhibit B — Project Budget
c. Exhibit C — Insurance Requirements
d. Exhibit D — Certificate(s) of Insurance and Endorsements
3. If applicable, the Request for Application (as modified by any amendments); and
4. If applicable, Grant Recipients Grant Application.
Provided, however, when an agreement term or condition appears in more than one
document, the more specific agreement term or condition shall control if the different
contract provisions cannot be harmonized.
36. ENTIRE AGREEMENT
This Agreement, including any referenced exhibits and attachments, constitutes the entire
Agreement between the County and the Grant Recipient and supersedes any and all prior
agreements and understanding between them, whether written, oral or otherwise. No
other statements or representations, written or oral, shall be deemed a part thereof.
37. COUNTERPARTS: ELECTRONIC SIGNATURES
This Agreement may be executed in one or more counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument. The Parties acknowledge and agree that this document may be executed by
electronic signature, which shall be considered as an original signature for all purposes
shall have the same force and effect as an original signature.
IN WITNESS WHEREOF, each individual signing this Agreement warrants that they have
the authority to enter into this Agreement on behalf of the Party for which that individual
signs. The Parties hereto have executed this Agreement on the dates set forth below.
KING COUNTY
City of Tukwila Parks and Recreation
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King County Parks Last Updated: 08/24
Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
DocuSigned by:
Signature
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
Signed by:
lo,wa* IWC'J�eod
Signature
Warren Jimenez Division Director, ParJltwmas McLeod Mayor
NAME (Please type or print), Title
4/23/2025 1 1:39 PM PDT
Date
NAME (Please type or print), Title
4/21/2025 1 8:33 AM PDT
Date
Page 14 of22
King County Parks Last Updated. 08124
Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
EXHIBIT A — SCOPE OF WORK
Project Summary
Scope of Work Summary: The Tukwila Sports Academy is an Expanded Learning
Opportunity that incorporates Social and Emotional Learning into an after-school sports
initiative. The program aims to provide a physical component to existing extracurricular
opportunities to the diverse student body of Tukwila, fostering holistic child
development.
Project Location:
• Cascade View Elementary School, 13601 32nd Ave S, Tukwila, 98168
• Duwamish Park, 11646 42nd Ave S, Tukwila, WA, 98168
• Foster Golf Links, 13500 Interurban Avenue S, Tukwila, 98168
• Foster High School, 4242 S 144th St, Tukwila, 98168
• Joseph Foster Memorial Park, 13919 53rd Ave S, Tukwila, WA, 98168
• Riverton Park, 4112 S 131st St, Tukwila, WA, 98168
• Showalter Middle School, 4628 S 144th St, Tukwila, 98168
• Thorndyke Elementary School, 4415 S 150th St, Tukwila, 98188
• Tukwila Community Center, 12424 42nd Ave S, Tukwila, 98168
• Tukwila Elementary School, 5939 S 149th St, Tukwila, 98168
• Tukwila Pool, 4414 S 144th St, Tukwila, 98168
Activity Timeline & Deliverables
Phase/Task
Activity Description
Deliverables
Date/Timeline
Project
Progress Reports submitted
Progress Reports
Management &
via grant portal
Administration
Marketing for next school
Share updates via Progress
June 2025
year begins
Reports
Implementation
King County Day of Play
Share updates via Progress
September 2025
Reports
Fall Sport Season Begins
Share updates via Progress
October 2025
Reports
Page 15 of22
King County Parks Last Updated: 08/24
Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
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.
Page 16 of22
King County Parks Last Updated: 08/24
Programming Project GrantAgreement
Spring Season Begins
Share updates via Progress
Reports
April 2026
Tukwila Cup
Share updates via Progress
Reports
June 2026
Closeout
Final billing
August 2026
Closeout
Final Report
November 2026
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.
Page 16 of22
King County Parks Last Updated: 08/24
Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
EXHIBIT B — PROJECT BUDGET
Personnel Costs
$33,230.00
Program Costs
$66,770.00
Indirect Costs
$0.00
Total
$100,000.00
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
Personnel Costs include but are not limited to staff pay and benefits.
Program Costs include but are not limited to meals, transportation, and gym supplies.
Indirect Costs include expenses of doing business that are not readily identified with a
particular grant, contract, project, function, or activity, but are necessary for the general
operation of the organization or performance of the organization's activities.
Page 17 of22
King County Parks Last Updated: 08/24
Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
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) days of contract execution 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) 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.
2.2. 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:
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King County Parks Last Updated: 08/24
Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
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 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
Page 19 of22
King County Parks Last Updated: 08/24
Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
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:
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 A:VIII.
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King County Parks Last Updated: 08/24
Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
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
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, 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.
Page 21 of22
King County Parks Last Updated: 08/24
Programming Project GrantAgreement
Docusign Envelope ID: 91AF542F-3BDC-4289-8834-13284D2C9F77
City of Tukwila Parks and Recreation —Tukwila Sports Academy — 6457990
Task - 1.05
EXHIBIT D - CERTIFICATE(S) OF INSURANCE AND ENDORSEMENT(S)
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King County Parks Last Updated: 08/24
Programming Project GrantAgreement