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HomeMy WebLinkAboutPK12-272 - Original - First Tee of Greater Seattle - Youth/Teen Golf Program at Riverbend - 12/07/2012 ecords Maiwageme- n KENT Document W ASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: First Tee of Greater Seattle Vendor Number: JD Edwards Number Contract Number: This is assigned by City Clerk's Office Project Name: Youth/Teen Golf Program at Riverbend Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 9/15/2012 Termination Date: 9/15/2013 Contract Renewal Notice (Days): 60 Number of days required notice for termination or renewal or amendment Contract Manager: Pete Petersen (tp) Department: Riverbend Golf Complex Detail: (i.e. address, location, parcel number, tax id, etc.): S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 KENT WASHINGTON FACILITIES USE AGREEMENT between the City of Kent and FIRST TEE of GREATER SEATTLE THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and First Tee of Greater Seattle, located and doing business at 2340 Broadmoor Drive East, Seattle, Washington 98112, (866)-858-5678, Contact: Heidi Wills, heidiw(clthefirstteeseattle.org (hereinafter the "Contractor"). I. RECITALS The City strives to offer recreation and cultural programs and services to meet the diverse needs of the Kent community. The City operates the Riverbend Golf Complex located at 2019 West Meeker Street in Kent. The City's goal is to offer a wide variety of golf related programs to youth and teens at that location. The City has found that collaborative partnerships allow it to expand program offerings and participant access within budget constraints. The City has interest in working with the Contractor to teach the basic fundamentals of golf and related life skills to kids aged 5 - 18 at that location. A basic fundamental of golf and life skills program would be of value and interest to youth in the Kent community, but the City does not have sufficient staff or resources to make that program available. Entering into an agreement that allows the Contractor limited use of portions of the Riverbend Golf Complex during non-peak hours will enable that program to move forward. II. DESCRIPTION OF WORK. The Contractor shall perform the following services for the City: The Contractor will teach the basic fundamentals of golf and related life skills. Through their work with young people and their families, the Contractor hopes to create in their participants a sense of community involvement and engagement in their neighborhood while strengthening individual skills including leadership, communication) fitness, and positive conflict resolution. Schedule of operations: The Superintendent of Golf Operations will determine a schedule during non- peak hours that will not adversely affect the operation of the golf complex. The Contractor will be on site at least 30 minutes prior to the start of the program and at least 30 minutes after the conclusion of the program. Changes in scheduling must be approved by the City. Location: Riverbend Golf Complex, 2019 West Meeker Street, Kent, WA 98032. This Agreement only governs activity of the Contractor that occurs at the Riverbend Golf Complex; specifically, any offsite activity by members of the Contractor is not governed by this Agreement. Program: The Contractor will provide fundamental golf and related life skills to kids aged 5 -18 at the Riverbend Golf Complex to the youth in the Kent community. Participation: All girls and boys, ages 5 - 18 will be eligible for participation. Only members of the Contractor may use the facilities under this program. Concussion Awareness: The Contractor will sign and adhere to the requirements of the Youth Sports Organization Concussion Awareness Statement (attached). PROFESSIONAL SERVICES AGREEMENT - 1 (Under$10,000) Staffing and volunteers: A minimum of one professionally trained coach will be on-site at all times. The Contractor's Executive Director will be responsible to ensure that all staff and volunteers have passed a Washington State Patrol background check and have received adequate training prior to participation in the program. The Contractor's Executive Director will be responsible for the behavior and conduct of ail staff and volunteers while they are on site. Facility Use: All persons associated with the Contractor, including program staff, volunteers, participants, and parents will adhere to Kent Parks, Recreation, and Community Services Department and the Riverbend Golf Complex rules for use of and access to the facility. See attached Exhibit A, Riverbend Golf Complex Rules for Use and Access. 6Aha u11v) Evaluation: The Superintendent of Golf Operations will meet tteKTiiy with the Contractor's Executive Director (more often if deemed necessary by either party) to evaluate performance. oy ?v45rok►o^ p1we 1.v Fees and Charges: The Contractor will be responsible for any damages, additional fees, or charges incurred through their use of the Riverbend Golf Complex. See attached Riverbend Golf Complex Rules for Use and Access for specific fees and charges. The Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time those services are performed. III. TERM OF PROGRAM The parties agree that the program will begin as described in Section II above immediately upon the effective date of this Agreement and shall continue for a term of one year, unless the Agreement is terminated prior to that date pursuant to Section V herein. Upon expiration of this Agreement, if it is the desire of both parties to extend this Agreement, the parties may execute an addendum extending the term of this Agreement for an additional year on an annual basis. IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor relationship will be created by this Agreement. By their execution of this Agreement, and in accordance with Ch. 51.08 RCW, the parties make the following representations: A. The Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. B. The Contractor has an established and independent business that is eligible for a business deduction for federal income tax purposes that existed before the City retained the Contractor's services, or the Contractor is engaged in an independently established trade, occupation, profession, or business of the same nature as that involved under this Agreement. C. The Contractor is responsible for filing as they become due all necessary tax documents with appropriate federal and state agencies, including the Internal Revenue Service and the state Department of Revenue. D. The Contractor has registered its business and established an account with the state Department of Revenue and other state agencies as may be required by the Contractor's business, and has obtained a Unified Business Identifier (UBI) number from the State of Washington. E. The Contractor maintains a set of books dedicated to the expenses and earnings of its business. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party seven (7) calendar days written notice at its address set forth on the signature block of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 2 (Under$10,000) VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Contractor, its subcontractors, or any person acting on behalf of the Contractor or subcontractor shall not discriminate against any person who is qualified and available to perform the work to which the employment relates as provided for by the City of Kent's Equal Employment Opportunity Policy. The Contractor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration, Comply with the attached City Administrative Policy 1.2, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused solely by the City's negligence. The City's inspection or acceptance of any of the Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Contractor shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B, attached and incorporated by this reference. IX. The Contractor's WORK AND RISK. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to the Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those services. All work shall be done at the Contractor's own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. X. MISCELLANEOUS PROVISIONS. A. Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable. A price preference may be available for any designated recycled product. B. Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. C. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section VII of this Agreement. D. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. E. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. PROFESSIONAL SERVICES AGREEMENT - 3 (Under$10,000) F. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Kent Boxing Club. G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. Should any language in any of the exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CITY OF KENT: By: By: ( gnature) (signa e) Print Name:_ de-;A Wills Pr t N e: Jeff Watling Its: E$:ec 'A-}--,-4 a 3>ives-4aV Its: Director, Parks, Recreation & ommunity (title) Services DATE: to - I - 12 DATE: NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Heidi Wills CITY OF KENT: Executive Director First Tee of Greater Seattle R. D. Pete Petersen, Jr. Address: 2340 Broadmoor Drive East Supt. of Golf Operations Seattle, WA 98112 City of Kent Email: heidiw(abthefirstteeseattle.org 220 Fourth Avenue South Kent, WA 98032 Telephone: 866-858-5678 rpetersen@kentwa.gov (253) 856-5190 - Office (253) 709-7411 - Cell 253 856-6190 - Facsimile P\Clvll\Files\Open Files\0463-Riverbend\Golf Complex Professional services Agreement door PROFESSIONAL SERVICES AGREEMENT - 4 (Under$10,000) EXHIBIT A City of Kent Parks, Recreation and Community Services Department Riverbend Golf Complex Facilities Use Agreement Rules for Limited Use and Access Under the City of Kent (the "City") Facilities Use Agreement The First Tee of Greater Seattle ('The First Tee") agrees to abide by the following rules for limited use of the Riverbend Golf Complex (the "Complex") for basic fundamental golf and life skills instruction (the "Program"). 1. Limited use of the Complex will be provided by the City to The First Tee during non peak times of business. Scheduled use of the driving range for Program - associated golf instruction and the party room for Program - associated classroom instruction will be determined by the Superintendent of Golf Operations ("Superintendent") on a quarterly basis. 2. Use of the driving range for golf instruction will be limited to a maximum of six (6) hitting stalls at any given time. Location of the six (6) stalls may vary depending on driving range business and other scheduled lessons. When possible, the Program will utilize the last six (6) stalls available on the driving range tee line. 3. Use of the driving range for golf instruction will be limited to the children participating in the Program during the scheduled session. Adults, parents or guardians associated with the children participating in the Program will not be allowed to hit range balls provided for the Program. 4. The maximum number of Program participates per session on the driving range for golf instruction will be limited to twelve (12) at any given time and require sharing of the six (6) stalls provided. 5. The Complex will provide The First Tee access to the driving range and party room for the following fees; two dollars and fifty cents ($2.50) per participant per session for range balls/use of the driving range, and fifty cents ($0.50) per participant per session for the use of the party room. Sessions will be limited to a maximum of one (1) hour and thirty minutes (30). 6. The Complex will provide The First Tee approximately 3,000 bulk range balls (one container) for the Program - associated golf instruction. 7. The First Tee will be responsible for providing its own professionals/instructors for giving golf instruction. These professionals/instructors will be strictly limited to providing instruction to the Program participants during the scheduled sessions of the Program and are prohibited from giving independent golf instruction outside the scope of the Program. S. The First Tee will be responsible for providing the necessary Program support, supplies and staffing to set up all equipment necessary prior to the beginning of the sessions, including range balls. 9. The First Tee will be responsible for providing adult supervision of Program participants at all times. 10. The First Tee will be responsible for providing adult supervision of participants prior to the beginning of any scheduled session. This requires that an adult associated with the Program must be present a minimum of thirty (30) minutes prior to the beginning of any scheduled session to provide supervision prior to the first Program participant arriving. 11. The First Tee will be responsible for providing the necessary support and staffing to clean up after the end of each session which includes both the driving range and party room. 12.The First Tee will be responsible for providing adult supervision of Program participants after the end of each session. This requires that an adult associated with the Program must be present to provide supervision until the last participant has left the facility. 13.Program participants, adults, parents, guardians and instructors associated with The First Tee will conduct themselves in a positive, polite and courteous manner at all times while present at the Complex. 14.The Complex will provide The First Tee access on a space available basis one of the Complex's three (3) practice putting greens. The Superintendent will approve use of the practice putting greens on a space available basis as part of the quarterly schedule. 15.The Complex will provide The First Tee access to the mini-putt to participants of the Program for two dollars ($2.00) per round per participant on a space available basis. 16.The Complex will provide The First Tee access to the Par 3 golf course for the participants of the Program on a space available basis for two dollars ($2.00) per round during the week and three dollars ($3.00) per round on the weekends. Tee times may be reserved one week in advance. The Program director is responsible for reserving all tee times. 17.The Complex will provide The First Tee access to the 18-Hole golf course for the participants of the Program on a space available basis after 12:00 pm for five dollars ($5.00) for nine (9) holes and ten dollars ($10.00) for eighteen (18) holes. Tee times may be reserved one week in advance. The Program director is responsible for reserving all tee times. 18.The Program director will be required to check in with the Pro Shop staff twenty (20) minutes prior to the first scheduled tee time to confirm the number of participants. Failure to check in may result in Program participants having to wait for the next available open tee time or in some instance participants may not be able to play that particular day. Additionally, no-showing for scheduled tee times may result in the Program's loss of privilege to use the golf courses. 19.Program participants are required to arrive minimum of fifteen (15) minutes prior to their scheduled tee time and be ready to play. Showing up late for a scheduled tee time may result in Program participants having to wait for the next available open tee time or in some instances participants may not be able to play that particular day. 20.Program participants agree to follow and abide by the Complex's "Pace of Play Policy" in place at both golf courses. The "Pace of Play Policy" is designed to eliminate slow play by have players play ready golf at all times for the enjoyment of all players. Therefore, it may be necessary to provide an adult with some groups of participants that are just learning the game or for those participants that tend to play slower to ensure that the "Pace of Play Policy" is followed. Failure to abide by the Complex's "Pace of Play Policy" may result in the Program's loss of privilege to use the golf courses. 21.The First Tee will be responsible for providing a storage unit for all equipment and supplies necessary for the Program. The Complex will provide space at the driving range for the storage unit. 22.All Program participants will be required to enter and exit the driving range through the main entrance. Use of the back doors located at the teaching end of the driving range as an entrance and exit is prohibited due to the interference with private lessons and for security reasons. The back doors located at the teaching end of the driving range are to remain closed at all times. 23.The First Tee will be responsible for submitting to the Complex on a weekly basis the number of Program participants from the previous weeks sessions. 24.The Complex will invoice The First Tee on a monthly basis for the use of the Complex by the Program's participants based on the weekly submittals by The First Tee. 25.Payment for the previous month's use of the facility must be received by the tenth of the following month. 26.The First Tee agrees to pay $ 60, Do per month rent for two parking spaces located at the west end of the driving range parking lot. The monthly rental rate will be included on the monthly invoice for the previous month and due on the tenth of the following month. EXHIBIT B INSURANCE & INDEMNITY REQUIREMENTS FOR LEASE AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below: 1. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. a Minimum Amounts of Insurance Contractor shall maintain the following insurance limits: "a 9 1. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $1,000,000 general aggregate and a $1,000,000 products-completed operations aggregate limit. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage 2. maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. EXHIBIT B (Continued) 4. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all required insurance policies. The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. F. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor. DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: i 1. I have read the attached City of Kent administrative policy number 1.2. 2. During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill thefive requirements referenced above.N Dated this alO day of 4vukx6ey , 20kA. By: )AZS" For: `AQ fitS1" Tu X GY#A+w SeA4Ka Title: bietuA1 v2 bjrEc-toy —P Date: it •'f,��/� CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. a 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. `E I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this AO day of X)oJe1V%LQV , 20 11 . v For: Se_Q4{-(_2 Title: !_ ecu}i.Ne �JirzcY Date: llA0 tom City of Kent Parks, Recreation and Community Services YOUTH SPORTS ORGANIZATION CONCUSSION AWARENESS STATEMENT RCW 28A.600.190 1 kaFi veal-Tee S A3 o BV-oa► rmby oti- E. 2.CL-b24-1301 Name of Organization Street Address Phone Contact 464 WI11,5 11 ♦1 Name of Representative Street Address Phone Contact What is the nature and purpose for facility use? T .ALQni►w LA aVA gol-P fk ,,lks JM 42LJ' 4-t" 5- 18. .If-Tt%t irst Mv�a'yo th sports organization/team, hereby verifies all coaches, athletes and their parent/guardian have complied with mandated policies for the management of concussions and head injuries as prescribed by RCW 28A.600.190. A copy of the text of this statute is provided on the back of this form. All community organizations/teams requesting use of City of Kent Park facilities must also submit a Certificate of Insurance and Endorsement naming the City of Kent as an additional insured for the amount of $3,000,000. The undersigned representative certifies that the information above is true and correct and hereby certifies this statement on behalf of the identified organization including all teams, players, coaches and parents/guardians affiliated with such organization. Signed: Repres ntative of Organization pate Note: Access to City of Kent facilities may not be granted until all requirements of this application are complete and approved by the Kent Parks Department and/or designee RCW 28A.600.190 Youth sports — Concussion and head injury guidelines — Injured athlete restrictions — Short title. (1)(a) Concussions are one of the most commonly reported injuries in children and adolescents who participate in sports and recreational activities. The centers for disease control and prevention estimates that as many as three million nine hundred thousand sports-related and recreation-related concussions occur in the United States each year. A concussion is caused by a blow or motion to the head or body that causes the brain to move rapidly inside the skull. The risk of catastrophic injuries or death are significant when a concussion or head injury is not properly evaluated and managed. (b) Concussions are a type of brain injury that can range from mild to severe and can disrupt the way the brain normally works. Concussions can occur in any organized or unorganized sport or recreational activity and can result from a fall or from players colliding with each other, the ground, or with obstacles. Concussions occur with or without loss of consciousness, but the vast majority occurs without loss of consciousness. (c) Continuing to play with a concussion or symptoms of head injury leaves the young athlete especially vulnerable to greater injury and even death. The legislature recognizes that, despite having generally recognized return to play standards for concussion and head injury, some affected youth athletes are prematurely returned to play resulting in actual or potential physical injury or death to youth athletes in the state of Washington. (2) Each school district's board of directors shall work in concert with the Washington interscholastic activities association to develop the guidelines and other pertinent information and forms to inform and educate coaches, youth athletes, and their parents and/or guardians of the nature and risk of concussion and head injury including continuing to play after concussion or head injury. On a yearly basis, a ; concussion and head injury information sheet shall be signed and returned by the youth athlete and the athlete's parent and/or guardian prior to the youth athlete's initiating practice or competition. (3) A youth athlete who is suspected of sustaining a concussion or head injury in a practice or game shall be removed from competition at that time. (4) A youth athlete who has been removed from play may not return to play until the athlete is evaluated by a licensed health care provider trained in the evaluation and management of concussion and receives written clearance to return to play from that health care provider. The health care provider may be a volunteer. A volunteer who authorizes a youth athlete to return to play is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct. (5) This section may be known and cited as the Zackery Lystedt law.