2010/09/01 Council Agenda Packet

4 SPECIAL TERMS AND CONDITIONS GENERAL GRANT FEDERAL FUNDS conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. 8. GRANT MODIFICATION Notwithstanding any provision of this Grant to the contrary, at any time during the Grant period, COMMERCE may, by written notification to the Grantee and without notice to any known guarantor or surety, make changes within the general scope of the program activities to be performed under this Grant.All other modifications shall not be valid unless made in writing and signed by the parties.Any oral understandings and agreements not incorporated herein, unless made in writing and signed by the parties hereto, shall not be binding. Notwithstanding any provision of this Grant to the contrary, at any time during the grant period, COMMERCE may analyze grant expenditures as a proportion of the grant budget. If COMMERCE determines, in its sole discretion,that the Grantfunding is underutilized,COMMERCE, in its sole discretion,may unilaterally modify the Grant to reduce the balance of the Grant budget. Funds de- obligated by COMMERCE as a result of a budget reduction may be made available to other grantees for the provision of eligible program activities. 9. INSURANCE The Grantee shall provide insurance coverage as set out in this section.The intent of the required insurance is to protect the state of Washington should there be any claims, suits, actions,costs, damages or expenses arising from any loss, or negligent or intentional act or omission of the Grantee or Subgrantee, or agents of either,while performing under the terms of this Grant. The insurance required shall be issued by an insurance company authorized to do business within the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the state of Washington,its agents,officers, and employees as additional insureds under the insurance policy.All policies shall be primary to any other valid and collectable insurance. The Grantee shall instruct the insurers to give COMMERCE thirty(30)calendar days advance notice of any insurance cancellation, non-renewal or modification. The Grantee shall submit to COMMERCE within fifteen(15)calendar days of the Grant start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section. During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty(30) calendar days prior to expiration of each policy required under this section. The Grantee shall provide insurance coverage that shall be maintained in full force and effect during the term of this Grant, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability,written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Grant activity but no less than$1,000,000 per occurrence. Additionally,the Grantee is responsible for ensuring that any Subgrantees provide adequate insurance coverage for the activities arising out of subgrants. Automobile Liability. In the event that performance pursuant to this Grant involves the use of vehicles, owned or operated by the Grantee or its Subgrantee,automobile liability insurance shall be required.The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors and Omissions Insurance.The Grantee shall maintain Professional Liability or Errors and Omissions Insurance.The Grantee shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and licensed staff employed or under Grant to the Grantee. The state of Washington,its agents, officers, and employees need not be named as additional insureds under this policy. Governmental -VAWA 5 4 4