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CITY OF SAN BERNARDINO - REQUEST FOR COUaZI -
From:Kevin Hawkins, Director Subject: RESOLUTION APPROVING TEMPLATE
LETTER OF AGREEMENT IN CONCEPT,
Dept: Parks, Recreation& Community AND AUTHORIZING EXECUTION OF A
Services Dept. KABOOM! OUTREACH STATEMENT FOR
A COMMUNITY-BUILD PLAYGROUND
Date: December 12, 2007 PROPOSED FOR LYTLE CREEK PARK.
M/CC Meeting Date: December 17, 2007
Synopsis of Previous Council Action:
1/22/07 Resolution No. 2007-29 - Council authorized execution of a Contractual Agreement with
KaBOOM! for construction of a community-build playground at Tom Minor Park.
12/11/07 The Grants Ad-Hoc Committee considered this item; on a 2-1 vote the Committee did not
recommend approval.
Recommended motion:
Adopt Resolution
Or
Committee recommendation - Decline participation with the KaBOOM! project.
J
Signature
Contact person: Kevin Hawkins Phone: 384-5032
Supporting data attached: Yes Ward: 3
FUNDING REQUIREMENTS: Amount: $10,000 from fundraising
activities.
Value of Equipment donated by
funding partner - $40,000
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: X12 ,200 7._
Agenda Item No.
6 7/0 7
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect•
Resolution of the Mayor and Common Council of the City of San Bernardino approving a
template Letter of Agreement in concept, and authorizing the City Manager to execute a
KaBOOM! Outreach Statement as required for consideration for a community-build playground
proposed for construction at Lytle Creek Park.
Background:
On January 22, 2007, Council authorized execution of a Contractual Agreement with KaBOOM!
for construction of a playground at Tom Minor Park. Unfortunately, the project was not
awarded. Subsequently, the playground at Tom Minor Park was identified as a capital
improvement project, and has been sent out to bid. It is anticipated that the playground at Tom
Minor Park will go to Council for award of contract in February 2008.
The opportunity for the City to participate as a lead-agency in a community-build playground was
again presented to the City in the Fall of 2007. Staff met on a number of occasions and
determined that the area of greatest need at this time is for a playspace to be located in Lytle
Creek Park. There is an existing playground at that park; however, it is not located within the
line of sight from the community center,making it difficult to monitor activity at the location.
The Lytle Creek Community Center is well utilized by the surrounding community. There are
also two schools (Lytle Creek Elementary and Richardson Prep) within close proximity to the
park, adding significantly to the usage of the park's amenities. An application was submitted to
KaBOOM! on November 26, 2007 (Attachment "A").
In order to be considered by KaBOOM! for a project, Council is asked to review the template
Letter of Agreement and approve in concept (Attachment `B"), and the City Manager is required
to execute a KaBOOM! Outreach Statement (Attachment "C"), attesting to the fact that the City
will be responsible for the following:
1) Fundraising $10,000 toward the cost of equipment;
2) Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on Build
Day;
3) Recruiting 250-300 volunteers from the community to participate on Build Day, and between 10
and 20 parents to participate in the planning process;
4) Providing land and site preparation two weeks prior to Build Day to result in a flat dirt surface;
5) Perform up to two utility checks during the planning process;
6) Perform a soil test for lead and arsenic that is completed within two weeks of Design Day;
7) Utilizing a supervised volunteer installation;
8) Accepting liability for and maintaining the playground upon completion;
9) Using Playworld Systems equipment; and
10)Using engineered wood fiber for safety surfacing.
If Council approves the template Letter of Agreement in concept at the December 17, 2007
Council meeting, and authorizes the City Manager to execute the Outreach Statement,
KaBOOM! will present the City's potential site at an internal review meeting to determine if it
should be forwarded with a recommendation to the funding partner. Following confirmation by
the Funding Partner, planning for the project can begin immediately. If the project is not
selected, KaBOOM! will notify the City by telephone. In the event that this project is awarded,
the item will go back to Council for their authorization to execute the KaBOOM! Community
Partner Letter of Agreement.
The Grants Ad-Hoc Committee heard this item at their meeting on December 11, 2007. Two of
the Committee members indicated that they did not recommend the item for approval;
however, the item is being moved forward as a courtesy to Third Ward Councilman Brinker. The
proposed project is in the Third Ward.
The following were among the concerns that were raised at the Committee level: Council was not
polled to determine their priorities for siting a park in the City; therefore, how was the Lytle
Creek Park location selected; City liability issues; the lack of reference to other Cities that have
partnered with KaBOOM!; and equipment warranty issues.
During initial contact with KaBOOM! by the City Manager's Office it was suggested that
potential playground sites included Tom Minor Park and the new park currently being designed
on Electric Avenue. When Parks, Recreation and Community Services staff met in the initial
planning stage, it was determined that the playground equipment for Tom Minor Park had
already been identified as a Capital Improvement Project and was already in the bidding process.
Further, child safety concerns were expressed relative to the Electric Avenue location because the
site is quite narrow. Given the relatively short period in which to identify an adequate site, many
potential sites were considered to determine the best "fit", incorporating the City's need for a
new playground, and the requirements cited by KaBOOM! One significant requirement is for the
placement of a large mural in close proximity to the proposed playground site. Many potential
sites were considered and rejected for one or more reasons. When Lytle Creek Park was
proposed,there was a consensus that it was, indeed, a good fit.
The current programs and community outreach exhibited at Lytle Creek represents the
Department's commitment to creating community through people, parks and programs. In
addition, in order to support programming efforts, new park maintenance staff have been
assigned to the location, with the criteria being employees who are as committed to the
maintenance of the park as the recreation staff is to providing quality programming for patrons.
After discussions relative to the City's liability exposure with Risk Management it was
determined that, in order to further mitigate the City's liability exposure, it is recommended that
the City purchase a special events policy to cover activities, including volunteers and workers on
the day of construction. For a cost of $4,600, this policy will transfer risk from the City's $1
million self-insured retention level. The purpose of special events coverage is to cover vendors,
tenants and/or volunteers, not normally covered under a city's liability program because they fall
outside the scope of the city. The exposure and rate is typically based on the event and total
event attendance.
To further address the concerns of the Council, staff has identified the following California cities
that have entered into agreements with KaBOOM! for community-build playground projects:
San Jose (population 973,672), Orange (population 128,821), Modesto (population 206,300),
Redding (population 104,295, and Fontana (population 181,640). All parties, especially the City
of Fontana, have expressed their support of the KaBOOM! experience.
It is anticipated that the future playground equipment destined for Tom Minor Park is the same
manufacturer for the Blair Park equipment and the proposed KaBOOM! project.
Financial Impact:
If the City is selected as a lead-agency participant, a KaBOOM! Funding Partner (which has not
yet been revealed to the City) will provide funding for all but the $10,000 to be fundraised by the
City,the Community Partner. Project cost is estimated at $50,000 for the playspace equipment to
be installed by volunteers on Build Day, which is to be scheduled to commemorate Cesar Chavez
Day, March 31, 2008. It is also recommended that the $4,600 special events policy be purchased
which will provide approximately$1 million in liability coverage.
Recommendation:
Adopt Resolution
Or
Committee recommendation- Decline participation with the KaBOOM! project.
} C (OPY
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE TEMPLATE LETTER OF AGREEMENT
3 IN CONCEPT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
4 KABOOM! OUTREACH STATEMENT ON BEHALF OF THE CITY OF SAN
BERNARDINO AS REQUIRED FOR CONSIDERATION FOR A COMMUNITY-
5 BUILD PLAYGROUND PROPOSED FOR CONSTRUCTION AT LYTLE CREEK
PARK.
6
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8 CITY OF SAN BERNARDINO AS FOLLOWS:
9 SECTION 1. That the template Letter of Agreement (Attachment "B") is approved in
10 concept; and
11 SECTION 2. That the City Manager is hereby authorized to execute a KaBOOM!
12 Outreach Statement (Attachment "C") on behalf of the City of San Bernardino as required for
13 consideration of a community-build playground project proposed for construction at Lytle
Creek Park.
14 HI
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HI
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f
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE TEMPLATE LETTER OF AGREEMENT
3 IN CONCEPT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
4 KABOOM! OUTREACH STATEMENT ON BEHALF OF THE CITY OF SAN
BERNARDINO AS REQUIRED FOR CONSIDERATION FOR A COMMUNITY-
5 BUILD PLAYGROUND PROPOSED FOR CONSTRUCTION AT LYTLE CREEK
PARK.
6
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting thereof, held on the
9 day of , 2007, by the following vote, to wit:
10 Council Members: AYES NAYS ABSTAIN ABSENT
11 ESTRADA
12
BAXTER
13
14 BRINKER
15 DERRY
16 KELLEY
17 JOHNSON
18 McCAMMACK
19
20
21 Rachel Clark, City Clerk
22 The foregoing resolution is hereby approved this day of , 2007.
23
24 Patrick J. Morris, Mayor
25 City of San Bernardino
ApTved as+
26 —�
27
28 James F. Penman, City Attorney
Attachment A
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 202-659-0210
Contact Information Date Nov. 21, 2007
Organization Name: City of San Bernardino
Mailing Address: 201A No. "E" Street
City: San Bernardino County San Bernardino State: CA Zip 92418
Phone Number: (909) 384-5233 Fax Number: (909) 384-5160
Web site (if applicable): www.sbcity.orq
Address of Playground Site (if different than mailing address): 380 S. "K" Street. San Bernardino
Provide two points of contact. Project planning is time consuming, so be sure that one contact is
someone who has authority to make decisions and execute on commitments promptly.
• Primary Contact Name and Title: Nick Gonzalez Assistant to the Mayor/Neighborhood
Partnerships and Initiatives
Phone and Email: (909) 384-5133 Gonzalez Nia-SBCity org
Cell Phone (optional):
■ Secondary Contact Name and Title: _ Jan Wages /Sr. Administrative Analyst
(If the primary contact is not available, this individual would serve as the point person for the project)
Phone and Email: (909) 384-5032 Wages Ja(aDSBCity.org
Cell Phone (optional): (909) 556-3024
Organization Information
1. Describe your organization's mission, history, and vision. Address the following points
separately:
• When was your organization founded?
• When were you incorporated (if applicable)? If you are not incorporated, do you have plans to
incorporate?
• Do you have nonprofit status?
• Is your organization religiously affiliated?
The City of San Bernardino was incorporated on April 13, 1854, and was subsequently unincorporated
on March 6, 1864. Reincorporation took place on August 10, 1886.
The mission of the City of San Bernardino Parks, Recreation and Community Services Department is to
"Create Community through People, Parks and Programs". We accomplish our mission by responding
to the community with quality programs, services, facilities and parks, thereby meeting the recreational,
cultural, educational, artistic, and social needs of our community.
Lytle Creek Park Community Center officially opened on January 24, 1980. The purpose of the
community center at that location is to provide programs that meet the community's needs. The center
was enlarged/ renovated in October 1983. The center reopened on March 28, 1984, with its 2000
square foot expansion. The additional space allowed for expanded programming, and on November 1,
1984, Lytle Creek Community Center initiated a Senior Nutrition Program.
Tha Pnwor to rhannc n rhilrl'e Mlr.eld . 1 ►
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 202-659-0210
2. How much funding does your organization receive from each of the following sources:
%
%
$
3. Describe your organization's plans or vision for this site and include any plans around the
playground space over the next 5-15 years (the lifetime of playground equipment is
estimated as at least 15 years).
Lytle Creek Park is in need of new playground equipment. There are many children in the area
that could benefit physically and mentally from the activities that a playground offers. The
playground can potentially serve all members of the family, because while the children play and
take advantage of the playground, parents, grandparents and other family members can
interact with each other while supervising their little loved ones. It is anticipated that a new
playground in this community will result in a significant increase in family interaction and a
concomitant reduction in crime. As gang members and others see more families at our park,
they will be less inclined to engage in illegal activity. Also, if parents have a safe place to take
their children to engage in physical activity they will grow accustomed to spending quality family
time together.
4. Do you currently carry insurance that would cover a playground on your site? If so, describe
your level and type of coverage.
The City of San Bernardino is self-insured for the first $1,000,000, and has purchased Excess
Insurance for another $25,000,000.
Playground & Site Information
5. How many children are served at your site? Daily 120 Annually 12,000 — 15,000
6. Is your site open to the general public? Yes X No Other (describe)
The Power to Chanae a Child's World ''
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 202-659-0210
7. Provide the following information about the children you serve:
Under 2
African American
6%
2-5
Hispanic
90%
6-12
Asian & Pacific Islander
13 and up
Caucasian
2%
Other
2%
8. Provide the following statistics (describe how you gathered this information):
■ The number of children at your site enrolled in federal free or reduced lunch programs.
■ The average annual income of the families served by your organization.
o Other(Example: Scholarship information for children enrolled at your site)
About 73% of the children we serve at the site daily are registered or qualify for the federal free
and reduced cost lunch program. We gathered this data by reviewing the data of our two local
schools and the number of children registered with the school. Also, our site runs a daily free
lunch program for our children who are off-track at the schools.
The annual average income of area families is less than $25,000. This data was gathered by
reviewing 2000 and 2005 census track statistics on population and housing.
The Power to Change a Child's World A*j.!±=-r
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 202-659-0210
9. Is there a playground on site? Yes X No
Having playground equipment on site does not exclude your group from consideration for a
project, but KaBOOM! must provide accurate information to our Funding Partners. If you have
existing equipment, answer the following questions and submit photos of the equipment:
■ When was it built?
■ Do you know the manufacturer?
Is your current equipment made of wood, metal or plastics?
Is there any sort of safety surfacing is in place (wood chips, rubber mats)?
Will a new playground replace or augment your existing equipment?
The existing playground was built in 1984. It is located out of the line of sight of the community
center; therefore, parents cannot monitor their children's play activities from the community
center. It is believed that due to the distance from the other park facilities, unsavory activities
go on at that existing playground site. The manufacturer of the old playground equipment is
unknown. The equipment is made of plastic, and it will be removed when a new playspace is
installed.
10.List all playgrounds that currently exist within a 2 mile radius of your site, and describe what,
if any, access the children you serve have to these playgrounds. Specifically describe any
playground equipment visible from your site.
Playground #1: There is actually a playground that is located at the other end of the park
(described above), but because of its location it is practically impossible for community center
staff to supervise it. Also, the existing playground is known as a place where drug users and
dealers congregate and engage in illegal drug use; therefore, the use that it gets from the
community is minimal. The site is also constantly targeted with graffiti. Community center staff
walks to the site often to make certain that there are no needles or other dangerous items for
the few residents who do use the playground.
Playground #2: There is another small playground located at the Lytle Creek Elementary
School grounds; however, the site is known as a closed campus which means that it is only
available to students during school hours.
11.Do you own the land where you would like to build a playground? Yes X No
If not, provide contact information for the landowner, and can you provide documentation of
permission to build a playground on site?
Landowner Name Phone/Email
Community Building
12.Describe how community members are supporting your efforts to build a playground, and
how many people are currently involved in this project? List or describe any groups
(families, community members, others) that will help guide your Playground Project.
The Lytle Creek community is facing many challenges associated with gangs, drugs and crime.
However, there are many concerned and dedicated residents that want to change the
community for the better.
The Power to Chance a Child's World h:*,0
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 202-659-0210
The City has had a number of meetings to discuss this opportunity to site a playground at Lytle
Creek Park. Much excitement was generated as we discussed how perfectly this location fits
with stated KaBOOM! goals. The Lytle Creek Community Center manager has shared
information relating to the established groups of parents and other center participants who
would be excited to participate in the planning and actual build day activities. The incredible
opportunity at hand allows the actual project beneficiaries to provide valued input into what the
completed project will ultimately become.
13.Describe how parents and community members are involved in your organization and your
experience with long-term volunteers.
The Community Center provides a meeting place for those residents who want to improve their
community; it is also the place where the playground is proposed. The Lytle Creek Community
Center provides social, recreational and educational activities for all members of the family.
Examples of programs are daily lunches for children and senior citizens, English as a second
language classes, Girl Scouts, exercise programs, youth sports, and after-school recreation.
The City of San Bernardino has experience with many community projects. The City worked
with three non-profit organizations to develop a community garden in one of the City's toughest
neighborhoods. The City built the garden project in Anne Shirrell's Park. All equipment and
labor was donated by community partners and volunteers. The garden project is ready to
accept applications from residents for garden plots. The partners have entered into a
Memorandum of Understanding with the City, and they are managing the garden project.
14.Describe how a new playground would impact your organization and the children you serve.
Approximately 100 to 150 kids will use the playground on a daily basis, between the children
that attend our daily lunch program, exercise program and after school recreation programs.
15.A playground can be a gathering place for children, families and events such as picnics,
clean-ups, and celebrations. How do you envision your playground being used?
We envision the playground as providing a place for healthy exercise, interaction and
enjoyment.
16.Describe what would make your playground project a success [ie: community involvement,
media coverage, etc.]?
The Lytle Creek Community Center Manager has provided input about the number of residents
in the neighborhoods surrounding the center who would actively support such a concept. He
shared that he is confident that the people who currently utilize the community center facility
and programs would embrace the opportunity to provide this significant community asset to the
children of the area.
The Power to Change a Child's World
Playground Profile Application
Submit your responses in one of the following ways: 1
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 202-659-0210
Letter of Agreement
If your organization is selected for a playground project, you would be required to sign a
contract with the following commitments (including but not limited to):
• Ownership of the land or proof of a long term lease and authorization to build a playground
• Proof of insurance covering the playground Build Day and for one year following the build
• Recruitment of volunteers for planning committee and Build Day
• Agreement to maintain the playground
• Commitment to pay the financial contribution one month prior to the Build Date
• Commitment to complete any needed site preparation including grading or removal of old
equipment
17.Who would sign a contract for your organization?
Name Fred Wilson, City,Manager Phone/Email (909) 384-5122 Wilson Fr(a)_SBCity.org
What process, if any, must contracts go through to be approved for signature? How long
will it take to get a contract signed, and would any other groups need to be involved in
contract approval?
The Grants Ad Hoc Committee will review first; next it will go to the City Attorney's Office for
review, then it will go to the City Council for authorization. Once Council has authorized
execution of the contract, it should take only a couple of weeks to get it out to KaBoom! for
signature.
18. What is the name and title of the person filling out this application?
Name Jan Wages, Sr. Admin Analyst Phone/Email (909) 384-5032 Wages Ja(a.SBCity.org
19.
The following materials are required:
• Photos of your site (ideally digital) that show the space available and give us a sense of the
general area as well as
• Photos of any playgrounds visible from your site
• A map (this can be hand drawn) that shows the dimensions of the playground site and other
information such as access points into the site
• A list of board members [required if applicable]
The following materials are suggested
• A letter from your Executive Director or Board Chair expressing their commitment to the success
of this project
• A letter or e-mail from at least one parent who will help with planning your project
Finally, before submitting your application materials we require that you register on the
KaBOOM! Web Portal at www.kaboom.org.
The KaBOOM! Web Portal, wwwAaboom.org, is a free registration based online community providing
community-leaders with information, insight and interactive tools related to play. The Web Portal is a
resource with an array of components made to satisfy many playmakers interests. From participating in
online forums and creating local websites dedicated to the preliminary and/or completed stages of
The Power to Chanae a Child's World �;►�!.eesll.
Playground Profile Application
Submit your responses in one of the following ways:
r BY EMAIL TO: swilk @kaboom.org OR FAX TO: 202-659-0210
your project, to accruing badges based on your community leadership experiences and receiving e-
alerts targeted to personal play interests, the Web Portal is the ultimate playspace for advocates of play.
If you have any questions as you compile your application materials, feel free to contact your Client
Services Team contact!
The Power to Change a Child's World ,;rfi4„ ,
Attachment B
Wash natant, DC Ctiic_tjto,:f.L #frtar►ts, C-rJ1 San Mateo, CA
11 : �
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THIS KaB00M! COMMUNITY PARTNER AGREEMENT is made this[DATE NUMBER]day of
[MONTH,YEAR]by and between KaB00M! and Name of Community Partner.
RECITALS
WHEREAS KaB00M! is a non-profit organization chartered in the District of Columbia and
organized as a 501(c) 3 by determination of the Internal Revenue Service;
WHEREAS KaB00M! is an organization that develops, manages and coordinates a community-
building playground for its Community and Funding Partners,culminating in a one-day installation event
known as a"Build Day";
WHEREAS Name of Community Partner is entering into a written agreement with KaB00M!for
services to plan, design and construct a community-build playground ("Program");
WHEREAS KaB00M! has received charitable support from NAME OF FUNDING PARTNER
("Funding Partner')for this Program and has entered into a separate agreement with the Funding Partner,
the result of which are financial and human resources for this Program.
NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter
expressed, and other good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,the parties hereto covenant and agree as follows:
AGREEMENTS
1. OBLIGATIONS OF NAME OF COMMUNITY PARTNER
1.1. dame of Community Partner agrees to be the Community Partner organization ("Community
Partner")for the Name of Funding Partner playground project at Site Address.
1.2. Name of Community Partner agrees to be responsive to the discreet timeline developed for the
Program, inclusive of providing approval of,action toward or direction to, specific responsibilities
and initiatives of KaB00M!on behalf of this Program.
The Name of Community Partner Letter of Agreement June 5, 2007 2
1.3. As a Community Partner for a KaB00M!community-build playground project, Name of
Community Partner will work with KaB00M!, Name of Funding Partner, and community residents
to design, plan and build a community playground. All parties will work closely together to ensure a
successful, productive, and fun event.
1.3.1. The Community Partner agrees to host a KaB00M!-facilitated Design Day with at least 10
adults and 20 children. The adults will remain engaged in planning activities throughout the
Design Day to Build Day planning process.
13.2. The Community Partner agrees to recruit and secure at least 10-15 adult volunteers for
preparation activities two to three days prior to Build Day playground installation.
1.3.3. The Community Partner agrees to recruit and secure at least 250-300 adult volunteers for
the Build Day playground installation.
1.3.4. The Community Partner agrees to be responsible for preparing the site for the installation of
the new playground, at least two weeks before Build Day, which includes but is not limited to
removing existing playground equipment,footers and safety surfacing, grading the land,
removing fencing and performing soil tests.
13.5. The Community Partner agrees to provide certain provisions for use by volunteers working
on the construction project, including but not limited to food (breakfast snacks, lunch and
mid-day snacks), water and restroom facilities.
1.4. In support of this project, Name of.Community Partner is responsible for contributing $10,000 to
the playground project.
1.4.1. All funds will be applied directly toward purchasing playground equipment.
1.4.2. Upon receipt of this signed agreement,KaB00M!will invoice Name of Community Partner
for the full amount of this contribution, and it will be due at least 30 days before the Build
Day on XXXXXXXXX,
1.4.3. If Name of Community Partner does not make payment as outlined in Section 1.4.2,
KaB00M! reserves the right,without waiving any other rights and remedies,to cancel the
build.
1.4.3.1. In the event of the Build Day's cancellation due to non-payment by the Community
Partner as outlined in Section 1.4.2, at KaB00M!'s written request, without waiving
any other rights and remedies, Name of Community Partner shall be deemed liable
for damages to KaB00M!and Funding Partner for any un-cancelable contractual
commitments entered into prior to cancellation, any equipment costs, labor and
materials, and any additional expenses related to the Program,such as airfare and
general supplies.
1.4.4. The Community Partner has the right to back-up documentation detailing the use of its
contribution to the project. Upon request, KaB00M!will provide back-up documentation for
Name of Community Partner within 120 days after the Build Day.
1.5. The Build Day must occur in calendar year 2007 on XXXXXXXX, 2007.
1.5.1, The Build Day shall not be postponed(defined as delayed, held over or rescheduled) under
any circumstances other than for conditions that jeopardize the safety of the volunteers, or
for unsafe weather conditions that threaten the structural integrity of the playground.
1.5.1.1. The decision to postpone a Build Day shall be reached through discussion,
collaboration and majority agreement by KaB00M!, the Community Partner and the
Funding Partner, each represented by a person authorized by each party.
1.5.1.2. The sole exception to mutual decision-making and majority agreement shall be
when the decision must be made immediately and solely by KaB00M! on the
construction site in absence of authorized representatives of the Community
i
Partner and the Funding Partner being available.
1
1
The Name of Community Partner Letter of Agreement June 5, 2007 3
1.5.1.3. The authorized representatives are defined as those individuals who have signed
this Agreement, and the Agreement between KaBOOM!and the Funding Partner,
or their designates.
1.5.2. In the event that the Build Date is cancelled or changed solely by Name of Community
Partner, Name of Community Partner shall be deemed liable for damages to KaBOOM!and
Funding Partner for any equipment costs, labor and materials and any additional expenses
related to the Program,such as airfare and general supplies.
1.5.3. In the event of a Build Day postponement, KaBOOM!shall collaborate with the Community
Partner and the Funding Partner to issue a Memo of Understanding (MOU)that outlines a
plan for rescheduling the Build Day.
1.5.3.1. The MOU shall outline any additional expenses related to the rescheduled Build
Day, and the party or parties responsible for covering the additional expenses.
These expenses may include,but are not limited to,equipment storage, security,
equipment shipment, and KaBOOM!travel and hotel expenses.
1.5.3.2. The MOU shall identify the next-earliest possible date for the Build Day, based on
the availability of open dates on the KaBOOM!program calendar, the availability of
the Community Partner to participate in the project, and the availability of the
Funding Partner to participate in the project.
1.6. Name of Community Partner shall attach documentation to this Agreement showing proof of land
ownership evidenced by a deed granting title of the property to Name of Community Partner to the
property,or a letter from the property owner showing approval for the installation of the
playground. Working with the support of the property owner(if owner is a separate party),Name
Of Community Partner will maintain the property before and after the build to ensure a safe and
attractive play area.
1.7. Name of Community Partner shall collaborate with KaBOOM!during the planning of this Project to
develop a maintenance program for the playground that will be implemented by Name of
Community Partner upon completion of the playground installation.
1.8. Name of Community Partner will obtain and maintain Commercial General Liability insurance
(providing coverage against liability for bodily injury,death and property damage which may rise
out of or be based upon the use of the playground)and Worker's Compensation insurance
policies, in amounts not less than
P
p one million dollars 1
($ ,000,000.00)fromthe date of this
agreement and for a minimum of one(1)year thereafter. KaBOOM!and Funding Partner shall be
named as additional insureds for the Build Day upon such policy. The insurance shall be primary
over an other i
er insurance covering in KaBOOM.and Funding Partner.
i
g g . Such policy must provide that
KaBOOM!and Funding be given ven at least thirty(30)days poor written notice of any change
or cancellation of coverage. Community Partner will promptly provide a copy of the certificate
from its insurer indicating the amount of insurance coverage, the nature of such
9 , coverage and the
expiration date of each applicable policy.
1.9. Name of Community Partner will obtain all necessary and appropriate permits and licenses
regarding the installation and possession 9 9 p ssion and use of a playground prior to Build Day in compliance
with local and state laws, regulations and guidelines.
1,10. Name of Community Partner will work with local authorities and/or private firms as appropriate to
ensure the safety and security of human and equipment resources(playground equipment,
playground volunteers)from the point of material delivery,during the period(s)when site
preparation occurs on the playground site,and until the conclusion of the Build Day.
The Name of Community Partner Letter of Agreement June 5, 2007 4
1.11. Name of Community Partner is responsible for ensuring the playground site is safe for volunteers
and children.
1.11.1. Name of Community Partner is responsible for conducting up to two utility site checks as
reasonably requested by KaBOOM!with the appropriate utility companies between two and
eight weeks prior to the Build Day. Documentation of the utility checks must be provided to
the KaBOOM! Project Manager upon completion.
1.11.2. Name of Community Partner is responsible for conducting up to two soil site tests as
reasonably requested by KaBOOM!with the first test being completed within two weeks of
Design Day. Documentation of the soil checks must be provided to the KaBOOM! Project
Manager upon completion. Name of Community Partner is responsible for undertaking any
necessary risk mitigation should the soil be deemed unsafe for children or volunteers.
1.12. Name of Community Partner will agree to accept and maintain engineered wood fiber as
playground safety surfacing, meeting standards established by CPSC guidelines, for the lifetime of
the playground.
1.13. Name of Community Partner is solely responsible for any additional costs beyond the proposed
playground project budget. KaBOOM!is not responsible for paying any vendors for any prior site
preparation, upgrades or improvements not agreed upon with KaBOOM!. If Community Partner
decides to purchase additional equipment or materials to supplement materials secured by
KaBOOM!,then the Community Partner is solely responsible for paying for the materials and all
other liabilities related to such materials. Neither KaBOOM!nor its Funding Partner(s)shall be
liable for payment. Community Partner will hold KaBOOM! and the Funding Partner harmless of
any payments or liability with respect to the additional items ordered.
1.14. Name of Community Partner will seek prior approval from KaBOOM!and/or Name of Funding
Partner for any written and/or printed materials that reference the Program and/or contain the
logos of KaBOOM!or Name of Funding Partner,including but not limited to press releases,fliers
and promotional materials. Name of Community Partner will work in collaboration with KaBOOM!
and/or Name of Funding Partner to secure media coverage. KaBOOM!will p rovide mutual
opportunity for the Community Partner to review and approve materials prepared by KaBOOM!
related to this Project(such approval not to be unreasonably withheld).
1.15. Name of Community Partner will allow the names and logos of Name of Funding Partner and
KaBOOM!on permanent playground signage,such as that shown as a sample during dame of
Community Partner's application process. Playground signage is 12%inches wide by 30'/4
inches tall and mounted on poles designed to match the playground components in color and
design. The sign will be erected in a mutually agreed upon location and in accordance with the
Community Partner's guidelines regarding corporate signage. If the Community Partner has
specific guidelines regarding corporate signage on its property, please attach those guidelines to
this Agreement.
1.16. Name of Community Partner understands that the playground will be added to the roster of
KaBOOM!Build Guild and, as such, will receive subsequent information from KaBOOM! on
playground maintenance, programming and enhancements.
2. OBLIGATIONS OF KaBOOM!
2.1. KaBOOM!will provide the Community Partner with technical and organizational leadership and
guidance for the playground project.
The Name of Community Partner Letter of Agreement June 5, 2007 5
2.1.1. Facilitate playground design and work with vendors to procure equipment and materials in a
timely fashion,the possible exception being the installation of safety surfacing other than
engineered wood fiber.
2.1.2. Manage construction logistics for the project,coordinate playground site preparation
activities with the Community Partner, inventory equipment and materials, and assure that
the necessary tools and materials are available to construct the playground.
2.1.3. Facilitate regular planning meetings with the Community Partner and the playground
planning committee.
2.1.4. Lead the Build Day activities, including the coordination of Build Day captains and
volunteers.
2.1.5. Provide educational and promotional materials to support the playground project, including
the KaB00M!Tool Kit of publications(4-book set), KaB00M!online Playground Planner,
nametags and other general supplies.
2.1.6. Provide for and coordinate the participation of the Funding Partner,Name of Funding
Partner, which has committed to provide KaB00M!with financial,human and/or in-kind
resources to bring to fruition the playground project with Name of Community Partner.
2.2. KaB00M!(in collaboration with Name of Community Partner),will provide or secure a Certified
Playground Safety Inspector(CPSI)to review the playground structure to ensure that it is safe
....._ _. .. . . _... .. ......... .. .. ...... .... .
and built to all appropriate standards and guidelines. Name of Community Partner acknowledges
that neither KaB00MI or Funding Partner nor their respective officers, directors,employees,or
agents have made or are in any way responsible or liable for action, inaction or negligence of the
CPSI and Name of Community Partner agrees to look solely to the CPSI for any such liability,
costs or expenses which arise out of the CPSI's action, inaction or negligence.
2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaB00M! assumes
responsibility for the playground construction going beyond one day, at the conclusion of
the installation.
2.2.2. In accordance with Section 4, Name of Community Partner shall be solely responsible for
any injury,property damage,or death which occurs in connection with the playground after
{ review of the playground is completed.
2.2.3. In accordance with Section 4, in the event that the Build Day is delayed or not completed
on the scheduled day due to failure of Name of Community Partner to meet the terms of
this Agreement,then Name of Community Partner will be responsible for securing a CPSI
to review the playground.
3. FUNDING PARTNER RELATIONS
3.1. KaB00M!has a separate agreement with a KaB00M! Funding Partner,NAME OF FUNDING
PARTNER("Funding Partner"),whose contributions to KaB00M! are helping to make this Project
possible.
3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly
compete with the products or services of the Funding Partner.
3.2.1. For the purposes of this Agreement,sponsors onsors are defined as individuals,
businesses or
philanthropic organizations that contribute funding or in-kind gifts to this Project in exchange
for certain rights to promote their affiliation with this Project to the general public, including
but not limited to public name recognition via this playground project's signs, T-shirts,media
materials and public-address systems. Conversely,donors are individuals or groups whose
gifts to this Project require personal acknowledgement only, such as thank-you letters.
3.3. In the event the Community Partner solicits other sponsors or donors, then those sponsors and
donors shall not compete with the Funding Partner for signage and sponsorship recognition.The
The Name of Community Partner Letter of Agreement June 5, 2007 6
Funding Partner shall receive first placement on any recognition materials developed for the
Project,including playground signage, banners, T-shirts, press releases,web-site and newsletter
stories, and flyers.
3.4. In the event of a conflict between the Funding Partner and other sponsors and donors,the
Funding Partner, Community Partner and KaBOOM!shall consider recognition on a case-by-case
basis.
4. OWNERSHIP AND LIABILITY
41. The Community Partner is the owner of the playground in its entirety, for the lifetime of the
playground, including the equipment and/or safety surfacing purchased by KaBOOM!and/or its
Funding Partner(s).
4.2. It is agreed that Name of Community Partner will indemnify and hold harmless KaBOOM! and/or
the Funding Partner and their respective officers,directors,employees,or agents from any and all
claims,costs,expenses(including attorney's fees and disbursements)or actions associated with
this playground project from any claim or action, including but not limited to claims and actions for
personal injury,death,or property damages resulting from the use of any playground property and
equipment, except to the extent resulting from any willful misconduct of KaBOOM!and/or the
KaBOOM!Funding Partner.
4.3. A Certified Playground Safety Inspector will review the playground structure upon completion at
the end of the scheduled build Day. The manufacturer's representative/installer will certify that the
playground was installed to manufacturer's specifications at the end of the Build Day.
43.1. Notwithstanding the foregoing,dame of Community Partner shall be solely responsible for
the playground and its equipment upon certification of the playground.
4.3.2. Name of Community Partner shall be responsible for securing safety measures of the
playground to prevent injury, death,or property damages in the unlikely event that the
playground is not completely constructed, and all equipment fully installed, at the
conclusion of the Build Day and once KaBOOM!and/or the CPSI leave the playground site.
4.3.3, In the unlikely event or planned circumstances that the playground is not completely
constructed and all equipment fully installed at the conclusion of the Build Day,Name of
Community Partner shall be responsible for completing the installation of the playground in
accordance with the specified guidelines with the assistance of the CPSI and/or the
manufacturer's representatives,facilitated by KaBOOM!. Name of Community Partner shall
be solely responsible for any injuries,death,or property damage that arises out of Name of
Commur►Ity Partner's completion of such installation.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of Name
of Community Partner. Upon request,the playground-equipment and safety-surfacing
manufacturers will provide guidance and materials,toward a maintenance plan for the playground,
4.4.1. The Community Partner will receive from Playworld Systems Inc.,the provider of its
playground equipment,or via its KaBOOM!project manager, a play equipment
maintenance kit from Playworld Systems Inc.
5. WARRANTY
5.1. The playground equipment is covered under warranty by the selected playground equipment
company in accordance with its warranty policy. Upon request, a copy of the warranty for the
playground-equipment and the safety-surfacing will be provided by the manufacturer(s)to the
Community Partner. While playground equipment and/or material manufacturers may provide a
warranty with respect to their product, Name of Community Partner acknowledges that neither
!
The Name of Community Partner Letter of Agreement June 5, 2007 7
i
i
KaB00M!or Funding Partner nor their respective officers,directors,employees or agents, have
made nor are in any manner responsible or liable for any warranty, representation,or guarantee,
express or implied, in fact or in law, relative to any equipment or material, including but not limited
to its quality, mechanical condition or fitness for a particular purpose. Any warranties and/or
guarantees on any equipment or material are subject to the respective manufacturer's terms
therefore, and Name of Community Partner agrees to look solely to such manufacturers for any
such warranty and/or guarantee.
6. GENERAL
6.1. Notices. Any notices required or permitted to be given hereunder shall be sent by certified or
registered United States mail, postage properly prepaid,or by personal delivery addressed as
follows:
To: Helen Zimmerman, Manager Contracts &Risk Management
KaB00M!
4455 Connecticut Ave., NW, Suite 8100
Washington, DC 20008 USA
202-659-0215
Copy To: Jane Wilson, Client Services Coordinator
(use same KaB00M!address above)
To Corporation: NAME OF COMMUNITY PARTNER CONTACT PERSON
NAME OF COMMUNITY PARTNER
Street Address
City, State,Country ZIP CODE
(Area Code)Telephone Number
i
6.2. Counterparts. This Agreement may be executed by the parties in one or more counterparts which
d all parties and each counterpart shall be deemed an original
shall,m the aggregate, be signed by p p
instrument as against any party who has signed it.
6.3. Governing Law. The laws of the State of Illinois,without reference to its choice of law provisions,
shall govern the interpretation and/or legal effect hereunder and shall have jurisdiction over any
dispute(including arbitration) arising out of or under the terms of this Agreement.
6.4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective
affiliates, successor, and personal representatives of the parties to this Agreement,except to the
extent of any contrary provision in this Agreement.
6.5. Severability, This Agreement shall be construed to be in accordance with federal and state
statutes. If any provision of this Agreement, or any portion thereof, is found to be invalid,illegal,or
unenforceable, under any applicable statute or rule of law,then such provision or portion thereof
shall be deemed omitted, and the validity,legality and enforceability of the remaining provisions
shall not in any way be affected or impaired thereby.
6.6. Complete Agreement. This Agreement,when executed by the duly authorized representatives of
each party shall be the entire agreement between the parties as to the subject matter stated
herein and supersedes and replaces any and all previous agreements and all amendments
thereto.
The Name of Community Partner Letter of Agreement June 5, 2007 8
6.7. Assignment. This Agreement may not be assigned,delegated or transferred by either party
without the prior written consent of the other party hereto.
6.8. Force Majeure. If either of the parties hereto is delayed or prevented from fulfilling any of its
obligations under this Agreement by Force Majeure,said party shall not be liable under this
Agreement for said delay or failure."Force Majeure"means any cause beyond the reasonable
control of a party, including, but not limited to acts of God, acts of omission of civil or military
authorities of a state or nation,fire, strike,flood,riot,act of terrorism, war, delay of transportation,
or inability due to the aforementioned causes to obtain necessary labor, materials or facilities,
Either party, however, may terminate this Agreement if the other is unable to perform any
obligation under the Agreement for a period longer than ten(10)calendar days due to such a
force majeure event. In the event of any such termination, KaB00M! shall refund to the
Community Partner any monies paid to KaB00M!, less expenses already committed to and/or
incurred prior to the date of termination. If,upon termination as provided herein,the sum due
KaB00M!by Community Partner, exceeds the sum paid to KaB00M! hereunder, Community
Partner agrees to pay KaB00M!for any such additional sum due upon presentation of
appropriate documentation within 30 days of invoice.
6.9. Waiver. A waiver by either party of a breach or failure to perform shall not constitute a waiver of
any subsequent breach or failure.
IN WITNESS WHEREOF,this Agreement has been executed by the parties as of the day and year first
above written.
By signing this Agreement,Name of Community Partner fully acknowledges its consent and
understanding of and commitment to the terms and guidelines set forth above. Please sign both original
versions of this letter and return them to KaB00M!. We will then sign the originals, and mail one original
and one copy back to you for your files.
KaB00M!and Name of Funding artner look forward to working with Name of Community Partner to make
9 9 Y
this playground a reality.
Date Terms agreed to: Date Terms agreed to:
By: By:
Pull Dame Bruce Bowman
Job Title Chief Operating Officer
Authorized Signature for Name of Community Partner Phone number: (202)464-6061
Phone Number: Fax number: (202) 659-0210
The Name of Community Partner Letter of Agreement June 5, 2007 9
Fax Number: Email address: bbowman(a)kaboom.org
Email Address:
Name of Community Partner KaB00M!
Address 4455 Connecticut Ave, NW Suite 13100
City, State ZIP Washington, DC 20008
Contact information for the person who should receive KaB00M! invoices:
Name: Telephone Number:
Mailing Address: Fax Number:
Email Address:
Attachments: Welcome Packet
Playworld Systems Inc. Playground Equipment Warranty(sample)
Copy: Brian Crowley, Interim Vice President of Administrative Services
Name of Funding Partner Contact
KaB00M! Project Archives
Attachment C
KaBOOM! Outreach Statement
My signature below confirms that I have spoken with KaBOOM! Client F,
Services representatives and understand that if my organization is selected for a KaBOOM!
project,we will be responsible for the following:
1) Fundraising $10,000 USD toward the cost of equipment
2) Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on
Build Day
3) Recruiting 150 volunteers from the community to participate on Build Day, and between 10
and 20 parents to participate in the planning process.
4) Providing land and site preparation two weeks prior Build Day to result in a flat dirt surface
5) Perform up to two utility checks during the planning process
6) Perform a soil test for lead and arsenic that is completed within two weeks of Design Day
7) Using a supervised volunteer installation
8) Accepting liability for and maintaining the playground upon completion
9) Using Playworld Systems equipment
10) Using engineered wood fiber for safety surfacing
Signing this Outreach Statement signifies that all involved parties
(including person responsible for signing final Letter of Agreement)
have reviewed the Draft Letter of Agreement and are prepared to sign
the official contract within three calendar days of being chosen for a
KaBOOM! playground project.
Name of Organization
Name and Title of Person that would be signing the contract lease
(p p rint
Authorized Signature Date
Name and Title of Contact Person (if different from above)
Signature of Contact Person Date
Address Phone number
Notes/Exceptions:
Please sign and fax back to 425.955.4883
t
+ MINUTES
GRANTS AD HOC COMMITTEE
DECEMBER 12, 2007
ATTENDEES:
Councilwoman Wendy J. McCammack, Chairwoman
Councilman Dennis Baxter
Councilman Tobin Brinker 1:rF^rnd into Record at
Diane Roth, City Attorney's Office -r1v1)euCms Mtg: 117107
Julio Salcedo, Parks & Recreation ,�� ���.�.,�,�� � �u�n-c�►'I .
Jan Wages, Parks & Recreation f `-------
Lori Sassoon—City Manager's Office r� .� Item _._
Nick Gonzalez- Mayor's Office
Jim Penman—City Attorney a
Jim Morris - Mayor's Office LAA,� �
C heryl Weeks, Council Office City ClerkJCUC Secy
Jorge Carlos—Council Office City of Sir► Cernardinu
Curtis Brown—Parks & Recreation
Teri Baker—City Manager's Office
i. KABOOM! COMMUNITY BUILD PLAYGROUND EQUIPMENT
Kevin Hawkins, Director of Parks and Recreation wrote the report and an overview was
presented by Jan Wages. Jan informed the committee that last year, an opportunity was
presented for a KaBOOM! playground grant for Tom Minor Park and it was approved by
council, unfortunately KaBOOM! did not award the project.
Parks and Recreation was made aware of a 2nd project and it was decided the greatest
need was at Lytle Creek where Julio Salcedo is the Community Center Manager. There
is existing playground equipment at Lytle Creek Park, but it is out of the line of sight
from the community center. The community center staff routinely monitors the
playground area and checks for needles and runs off unfavorable drug users and dealers
who frequent the park.
KaBOOM!'s goal is for a community-build project for a playground with a group of
approximately 300 volunteers to form a planning committee of parents and children to
express how they envision a playground at the community center. These volunteers
would come in late in March to commemorate Caesar Chavez Day and spend 6 hours to
build the playground equipment. City will feed them and provide amenities for the
children.
The KaBOOM! memo and agreement have certain requirements for the City. If
recommended for approval this will go forward to council on December 17, 2007, to be
approved in concept as a draft agreement only signed off by City Manager, if directed.
The funding from the city is about $10,000. The playground equipment is valued at
about $50,000. (California Volunteers, The Office of the Governor may be the funding
partner).
r
t Grants Ad Hoc Committee Minutes
June 5,2007
Page 2 of 3
Points discussed by committee from Jan Wages's presentation:
Why didn't we get the grant last time? Lori Sassoon stated there were so many back and
forth discussions about the terms of the agreement that KaBOOM! decided to pursue other
avenues.
e Why was Lytle Creek Park selected for new equipment, is there already equipment at
Lytle Creek Park and are there other parks that do not have any equipment? Grants
Ad Hoc Committee usually gets an opportunity to let staff know what their priorities are as to
where the best place is to put new equipment before staff makes that recommendation. Lytle
Creek Park received new water equipment last year and many families benefited from it
earlier this summer. There are several parks in the City of San Bernardino that do not have
any equipment. Lori Sassoon stated that City Manager contacted KaBOOM! personnel and
let them know that the City is still interested in pursuing a relationship with them. Through
those discussions, KaBOOM! raised the idea of a Cesar Chavez Day Build and asked City
Manager to identify a predominantly Hispanic neighborhood since KaBOOM! has matching
fenders with specific ideas in mind.
`^` What is the timing issue? If the committee approves, request will go to the Council in
concept on December 17, 2007, if approved, City Manager would sign the letter if so
directed, if awarded the grant, item will go to the Council for approval in January 2008.
ok; Who is the funding partner and/or entity? Unknown at this time possibly California
Volunteers, The Office of the Governor may be the funding partner.
Are there any other cities who have done this project? City Manager's office will
research and report back to the committee, Fontana may information on this project.
6�,; What are the insurance issues? KaBOOM! refuses to work with the City on any of the on
any of the self-insurance clauses.
Committee Member comments:
6; Committee Chair Wendy McCammack wanted more clarification of the KaBOOM! memo
and open-ended contract. Will the committee be able to consider any other parks in the City
for this project? How can the committee agree to recommend approval a project when they
don't even know who the funding partner is?
`," Committee Member Dennis Baxter asked does KaBOOM! put naming on the project, and
is the objective to place the new playground equipment closer to the community center. Yes,
the funding partner's name will be permanently placed on the playground equipment. Julio
Salcedo stated that he felt the placement of the new playground equipment closer to the
community center should deter the inappropriate activity in the park around children. Dennis
Baxter feels the committee is working in the dark.
Grants Ad Hoc Committee Minutes
June 5, 2007
Page 3 of 3
6` Committee Member Tobin Brinker stated that Lytle Creek Park is in his ward and he has
been approached by constituents about this opportunity and he fully supports it. He feels that
the park is currently going through a revitalization and the new playground equipment would
be good for the community and push off the really bad influences that have been dominant in
the past and enable them to take their park back.
City Attorney opinion and comments:
What is the City Attorney's opinion on the open ended contract and insurance issues?
Liability is an extremely high risk. Diane Roth read through the blanket agreement and pointed
out how the City would have to assume legal liability and that KaBOOM! would not indemnify
the City and refuses to hold the City harmless. Also, the manufacturer of the playground
equipment refuses to indemnify the City, yet according to the agreement/contract, the City has to
indemnify KaBOOM! KaBOOM! is in charge of the build and they coordinate all the builders,
yet the City will be responsible for any and all liability if any mistakes are made or if there are
any injuries. Any disputes under this contract have to be resolved in Illinois under Illinois state
law and our City attorneys are not licensed to practice there.
Summary from the Grants Ad Hoc Committee:
Committee Member Brinker said that he would like this item to go forward to the full Council.
He asked staff to get information from the City of Fontana so that he can understand what their
experience was.
Chairwoman McCammack said she is not comfortable with this item going forward to the full
Council, because of the way it was presented. She said she cannot in good conscience leave the
taxpayer holding that liability. She feels it would be irresponsible on her part to go forward with
this. She further stated that she would rather find $50,000 funding and would rather find 3 donor
partners to come up with $30,000 if we are going to spend the other money and are going to be
paying to maintain it, as well as provide space and the staff to watch the equipment.
Committee Member Baxter agreed with Chairwoman McCammack.
Chairwoman McCammack and Committee Member Baxter did not recommend going forward to
the full Council or recommend Council approval. The item was moved forward as a courtesy to
Committee Member Brinker.
Meeting adjourned.
COUNCILWOMAN WENDY J. McCAMMACK
Chairwoman
WJM:cdjw