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HomeMy WebLinkAbout26-186 - Contract - King County - Climate Resilience Program Grant: Gilliam Creek Stream RestorationCity of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 Climate Resilience Program Grant Agreement Department/Division:Natural Resources and Parks / Parks and Recreation Agency: City of Tukwila Public Works Project: Gilliam Creek Salmon-Bearing Stream Restoration Amount: $15,000.00 Project#: 1152336 Contract#: 6498984 Term Period: To 03/31/2027 THIS AGREEMENT (“Agreement”) is entered into by King County (the “County”), and City of Tukwila Public Works (the “Agency”), (collectively the “Parties”) for programming that supports climate resilience using a Climate Resilience (“Climate”) grant. RECITALS A. The Agency is either a public agency or a non-profit organization that supports climate resilience. B. Ordinance 19922, which took effect April 29, 2025, called for a special election to authorize the King County parks, recreation trails and open space levy. On August 5, 2025, King County voters approved the levy, which included funding for the Climate Resilience grant program, through which King County provides funding in order invest in climate resilience for communities, located in unincorporated King County and King County towns and cities. C.Motion 16797 further delineated the use of levy funds for the Climate Resilience Program and the guidelines governing that use. D. King County, a home rule chapter county and political subdivision of the State of Washington, is authorized to administer the Climate Resilience 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 climate resilience under King County Ordinance 20023 E. The Agency shall utilize the Grant Award Funds to address climate resilience needs in King County. F. King County has selected the Agency to receive a Climate Resilience award in the amount of $15,000.00 ("Grant Award Funds”) for programming, which shall provide increased climate resilience for the residents of King County, Washington 26-186 Council Approval N/A City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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 1. DEFINITIONS 1.1 Project. 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: Gilliam Creek Fish Passage Project Site, 47.462009, -122.249610 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 Budget. 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 City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 The term (“Term”) of this Agreement shall begin on the Effective Date and end on 03/31/2027. This Agreement shall remain in effect until such time as it is amended in writing or terminated as provided herein. 4. 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. 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. 5. 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 Public Works Catrien de BoerParks Grant Manager Grants Analyst King County Parks City of Tukwila Public Works 201 S Jackson Street Suite #6500 6200 Southcenter Blvd Seattle, WA 98104 Tukwila, WA 98188 206-848-0699 206-482-9199 parksgrants@kingcounty.gov catrien.deboer@tukwilawa.gov *NOTE: Personal contact information for your assigned grant manager is available in the grant management system 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 01/01/2026 through 03/31/2027. City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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 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 City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 Agency shall recognize County as a “grant sponsor” for the Project in the following manner: 9.1Events: Agency shall invite and recognize “King County Parks” at all events promoting the Project, and at the final Project dedication. 9.2Community 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. 9.3King 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 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 activities or programming supporting climate resilience for the communities and residents 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 City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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,” 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. City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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 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, City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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 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. City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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 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 City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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 Project. 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 Public Works King County Executive Signature Date NAME (Please type or print), Title Date City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 EXHIBIT A - SCOPE OF WORK Project Summary This project will develop a multi-benefit flood risk reduction, fish passage, and asset replacement project at Gilliam Creek. The project replaces aging culvert and tide gate infrastructure, improves maintenance and operations, reduces safety and environmental risks, improves debris conveyance, restores fish passage, and promotes climate resiliency. Grant funds will support project management time reviewing and commenting on planning documents and managing stakeholder engagement, specifically with the Muckleshoot Tribe, DFW, DNR, and WRIA9. Deliverables Progress Reports Final Report Timeline Review and provide feedback on 30% design September 2026 Manage stakeholder engagement December 2026 Reporting and grant closeout March 2027 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. City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 EXHIBIT B - PROJECT BUDGET Personnel Costs $15,000.00 Program Costs $0.00 Indirect Costs $0.00 Total $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 Personnel Costs include but are not limited to staff pay and benefits. Program Costs include but are not limited to planning and design. 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. City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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 City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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 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 City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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. 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. City of Tukwila Public Works – Gilliam Creek Salmon-Bearing Stream Restoration – 6498984 Task - 1.27 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, 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.