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HomeMy WebLinkAbout2007-489 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i R~SOLUTION NO. 2007-489 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TEMPLATE LETTER OF AGREEMENT IN CONCEPT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A KABOOM! OUTREACH STATEMENT ON BEHALF OF THE CITY OF SAN BERNARDINO AS REQUIRED FOR CONSIDERATION FOR A COMMUNITY- BUILD PLAYGROUND PROPOSED FOR CONSTRUCTION AT LYTLE CREEK PARK. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the template Letter of Agreement (Attachment "B") is approved in concept; and SECTION 2. That the City Manager is hereby authorized to execute a KaBOOM! Outreach Statement (Attachment "C") on behalf of the City of San Bernardino as required for consideration of a community-build playground project proposed for construction at Lytle Creek Park. III III III III III III III III III III III III III L . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 J RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TEMPLATE LETTER OF AGREEMENT IN CONCEPT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A KABOOM! OUTREACH STATEMENT ON BEHALF OF THE CITY OF SAN BERNARDINO AS REQUIRED FOR CONSIDERATION FOR A COMMUNITY- BUILD PLAYGROUND PROPOSED FOR CONSTRUCTION AT LYTLE CREEK PARK. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint Common Council of the City of San Bernardino at aregular meeting thereof, held on the 17th day of December ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x BAXTER x BRINKER -A- DERRY x KELLEY x JOHNSON -1L- McCAMMACK x r2....~lJ &.~ ~, City Clerk 'f'~ The foregoing resolution is hereby approved this -----L--l ai;y of December ,2007. . Morris, Mayo f San Bernardino }"'M'fS.led as te Felfli: . ~~~;J124- 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: Citv of San Bernardino Mailing Address: 201A No. "E" Street City: San Bernardino County San Bernardino State: Phone Number: (909l 384-5233 Fax Number: Web site (if applicable): www.sbcitv.ora Address of Playground Site (if different than mailing address): CA Zip (909l384-5160 92418 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: PartnershiDs and Initiatives Phone and Email: Nick Gonzalez Assistant to the Mavor/Neiahborhood (909l384-5133 Gonzalez Nil1.i>.SBCitv.ora I Cell Phone (optional): . Secondary Contact Name and Title: Jan Waaes I Sr. Administrative Analvst (If the primary contact is not available, this individual would serve as the point person for the project) Phone and Email: (909l384-5032 Wages Jalal,SBCitv.Ofg Cell Phone (optional): (909l 556-3024 Oraanization 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 o~ 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 I 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. The Power to Change 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 " '.- 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. . Plavaround & Site Information 5. How many children are served at your site? Daily 120 6. Is your site open to the general public? Yes X No Annually 12.000 -15.000 Other (describe) The Power to Change 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 _ . 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 '/Of:{i project, but KaBOOM! must provide accurate information to our Funding Partners. If yaul]Pve 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? tNtl. . . .- . ~,~ 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. 11.00 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 Buildina 12.0escribe 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 Change a Child's World -.. Playground Profile Application Submit your responses in one of the following ways: BY EMAll 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 neliV .playground would impact your organization and the children you serve. Approximately 100 to 1'50 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? Vye. envision the playground as providing a place for healthy exercise, interaction and enjQyment. . 16. Describe what would make your playground project a success lie: 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: BY EMAIL TO: swilk@kaboom.org OR FAX TO: 202-Q59-0210 Letter of Aareement 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. CitvManaaer Phone/Email (909) 384-5122 Wilson Fr(!ilSBCitv.ora 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 Waaes. Sr. Admin Analyst Phone/Email (909) 384-5032 Waaes Ja(!ilSBCitv.ora 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 KaBOOMI Web Portal at www.kaboom.ora. The KaBOOM! Web Portal, www.kaboom.ora. 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 Change 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 /. ". ... 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. Attachment B THIS KaBOOMI COMMUNITY PARTNER AGREEMENT is made this ~~"~ by and between KaBOOM! and RECITALS WHEREAS KaBOOM! is a non.profit organization chartered in the District of Columbia and organized as a 501 (c) 3 by detennination of the Internal Revenue Service; WHEREAS KaBOOM! is an organization that develops, manages and coordinates a community. building playground for its Community and Funding Partners, culminating in a onEKlay installation event known as a 'Build Day"; WHEREAS 1lI.1l~ is entering into a written agreement with KaBOOM! for services to plan, design and construct a community.build playground ('Program"); WHEREAS KaBOOM! has received charitable support from fIIt.~~ ("Funding Partner") for this Program and has entered into a separate agreement with the Funding Partner, the resuR 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 1.1. Partner") for t the Communi~ Partnere~a~"i~~on ('Community playground project at._.. 1.2. ~.!Qf~l~ 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 KaBOOM! on behalf of this Program. 4455 Connecl:icut Ave. NW, Saito> 8100 Washington, DC 20008 , The Name of Community Partner Letter of Agreement June 5, 2007 2 1.3. ..A~..a........se.m....m.....~.,~. ity......p... a~ner for a .KaBOOM! com.m. u...n..i!r...:-~bllU.i1ild~.J Plll~a.y Y.9..roro. ...u.~n!Jd....d,. . project, _;~ . ~1~~lwill work With KaBOOM!, ___, and community residents to design, plan and build a communily 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 KaBOOMI-facilitated Design Day with at least 10 adults and 20 children. The adults will remain engaged in planning activ~ies throughout the Design Day to Build Day planning process. 1.3.2. 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 recru~ 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 s~e 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. 1.3.5. 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, _~ is responsible for contributing $10,000 to the playground project. ~!l:~!'.~f.~;!I~~B~~;e_~~.;!8r for the full amount of this contribution, and ~ will be due at least 30 days before the Build Day on 1.4.3. If;'" does not make payment as outlined in Section 1.4.2, KaBOOM! 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 t4.2,atI<aB09~!'~written l'equest, without waiving any other rights and remedies, ~ shall be deemed liable for damages to KaBOOMI 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 ~ co.n.tri....~uti.o.nto t.h.,e.. e.,. .roJ.'.Eect... ....U. po. n request, KaBOOMI will provide back-up documentation for ~w~lIY!llt.l!fwithin 120 days after the Build Day. 1.5. The Build Day must occur in calendar year .:tir~.l; 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 KaBOOM!, the Communily 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 KaBOOMI on the construction s~e in absence of authorized representatives of the Communily Partner and the Funding Partner being available. 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..!h~~ventth~ttheBuild Date is ~ncelled or changed solely by _~~_!\JlV I?M, fl.;l!1~ 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-eariiest 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. ~~~e:a~I~:~; ~:~~~~~~~~:Gi_~{:~~~e property, or a letter from the property owner showing approval for the installation of the p..I.~.Y, ,.QQ.rtl ro......u~~""a~." ~,!"o. m.i~. ,,with the support of the property owner (if owner is a separate party), _ l!1:~!?:IlIlIIiI~ will maintain the property before and after the build to ensure a safe and attractive play area. 1.7. _~~_~ shall collaborate with KaBOOM! during the planninQl?f this Project to d~velop~ maintenance program for the playground that will be implemented by..iilf ~.l~ upon completion of the playground installation. 1.8. _~:~__j:l" 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 Worke~s Compensation insurance policies, in amounts not less than one million dollars ($1 ,0OO,000.00)from the 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 any other insurance covering KaBOOM! and Funding Partner. Such policy must provide that KaBOOM! and Funding Partner be given at least thirty (30) days prior 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 coverage and the expiration date of each applicable policy. 1.9. _~'~~M will obtain all necessary and appropriate permits and licenses regarding the installation and possession and use of a playground prior to Build Day in compliance with local and state laws, regulations and guidelines. 1.10. _1l!1!~!ll!li!l_!~ 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. f!lll~~.lltll!'illY:-e""r is responsible for ensuring the playground site is safe for volunteers and children. 1.11.1. ~~~~ 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 KaBQOM! Eroiect ~ana~er upon completion. 1.11.2. _,~~~_i 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 ofthe, soU checks mustbeprovided to the KaBOOM! Project Manager upon completion. ~ is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers. 1.12. f!llliilt.~"~~ 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. ~ll~~~~,~r 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. ~e9f:j~~fI;I.jjwill seek prior approval from KaBOOM! and/or _~iI7'~ PM\! for any written and/or rinted materials that reference the Program and/or contain the logos of KaBOOM! or includin but not limited to press releases, fliers and promotional mate will work in collaboration with KaBOOM! and/or _.. to secure media coverage. KaBOOM! will provide 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. _~ft~tl1_will allow the names and logos of~jjlll'ii~~_~and KaBOO~!~npel111anent playground signage, such as that shown as a sample during _llf ~.. 's application process. Playground signage is 12 14 inches wide by 30 14 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. _,~~~ 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 KaBOOMI 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 KaBOOM! Tool Kit of publications (4-book set), KaBOOM! online Playground Planner, nametags and other general supplies. 2.1.6. Provide for and coordinate the participation of the Funding Partner, t(8Q1j!iglliijlil p_, which has committed to provide KaBOOM! with financial, human and/or in-kind resources to bring to fruition the playground project with _i~~~. 2.2. KaBOOM! (in collaboration with MBllIiIiIJIII_), will provide or secure a Certified Playg~und Safety Ins~ctor (CPSI) to revie!" t~e PlaY1l.~ ro~~.~~~d.! s...tru. ,.~~~w~~.~~s.,..~..~,~.,~at it is safe and built to all appropnate standards and gUidelines. ~~iMi acknowledges that neither KaBOOM! or Funding Partner nor their respective officers, directors, employees, or agents ha~e,rn~de or a~ ,in, any wax responsible or liable for action, inaction or negligence of the CPSI and ~~I_ agrees to look solely to the CPSI for any such liability, costs or expenses which arise out of the CPSl's action, inaction or negligence. 2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaBOOM! assumes responsibility for the playground construction going beyond one day, at the conclusion of the installation. 2.2.2. In accordance with Section 4, ~~ 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 [)ayis delayed or not completed on the scheduled day due, to fail~reot.,<... . . '~rerto meet the terms of this Agreement, then N(j.dfi~' will be responsible for securing a CPSI to review the playground. 3. FUNDING PARTNER RELATIONS 3.1. KaBOOM! has a separate agreement with a KaBOOM! Funding Partner, ".I~ __ ("Funding Partner'), whose contributions to KaBOOM! 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 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 4.1. The Community Partner is the ownerofthe playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaBOOM! and/or its Funding Partne~s). 4.2. It is agreed that _:llf,.M~;~,.jf will indemnify and hold hannless 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 resu~ing 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 representativeflnstallerwill certify that the playground was installed to manufactu[l!~!",~s ',~ ifi~C~a~ti__90!ln!,s,,' ',~',l!l~ t,~'!:~,'_~!:~~,;2, of the Build Day. 4.3.1. NotwKhstanding the foregoing, ~ shall be solely responsible for t~~"R,I~X~!'Cl~22 ~~~it~.f!<l~!l>ment upon certific~tion of the pl.ayground. 4.3.2. ~~~~%'Shall be responSible for secunng 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 CPSlleave the playground site. 4.3.3. In the unlikely event or planned circumstances that the playground is not compl~t~lx co~s~ct~ and~,llequipment fully installed at the conclusion of the Build Day, Niiri!lil1'9f ~ shall be responsible for completing the installation of the playground in accordance with the specified guidelines with the assistance9fthe c:~SI~~d/9r~e manufacturer's representatives, facilKated by KaBOOM!. _iIG~sh~1I b,', e"~,',Ie,)~,!t ",~~s,.PO"""".~S,'.,i,',~,le for any i~juries, dea!h, or p~perty damage that arises out of N8rlll!'llf ~!!Il!l;Y:~._s complelion of such Installation. 4.4.~aint~~~!l~e9f me playground facility and supervision of its use is the sole responsibility of ~ llf.~M1'~. 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 Playwortd Systems Inc., the provider of its playground equipment, or via ns KaBOOM! project manager, a play equipment maintenance kit from Playwortd Systems Inc. 5. WARRANTY 5.1. The playground equipment is covered under warranty by the selected playground equipment company in accordance with ns warranty policy. Upon request, a copy of the warranty for the playground-equipment and the safety-surfacing will be provided by the manufacture~s) to the Communi~ Partner. While playgroundf!<l~!p~ent~~~/~r~at;~.~I["anufacturers may pro~ide a warranty With respect to their product, ~:iif-~.if~ acknowledges that nenher . '. The Name of Community Partner Letter of Agreement June 5, 2007 7 KaBOOM! 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 limned to tts qualtty, mechanical condition or fitness for a particular purpose. Any warranties and/or guarantees onanr~~iJlf!!~nt~rlT1~te"riaL!re subject to the respective manufacturer's tenns therefore, and Iin'I~.~ agrees to look solely to such manufacturers for any such warranty and/or guarantee. 6. GENERAL 6.1. Notices. Any notices required or pennitted 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 Zimmennan, Manager Contracts & Risk Management KaBOOM! 4455 Connecticut Ave., NW, Sune B100 Washington, DC 20008 USA 202-659-0215 Copy To: Jane Wilson, Client Services Coordinator (use same KaBOOMI address above) To Corporation: If.C<ilNrAOT~ ,'.....,.+............................... .. ',", ....... 6.2. Counterparts. This Agreement may be executed by the parties in one or more counterparts which shall, in the aggregate, be signed by all parties and each counterpart shall be deemed an original instrument as against any party who has signed iI. 6.3. Goveming Law. The laws of the State of Illinois, without reference to its choice of law provisions, shall govem the interpretation and/or legal effect hereunder and shall have jurisdiction over any dispute (including arbitration) arising out of or under the tenns 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 wilh 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 staMe or rule of law, then such provision or portion thereof shall be deemed omitted, and the validtty, legaltty 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 stateddherein 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 ofterrorism, war, delay oftransportation, or inability due to the aforementioned causes to obtain necessary labor, materials or facilities. Either party, however, may tenninate this Agreement if the other is unable to perfonn 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 tennination, KaBOOM! shall refund to the Community Partner any monies paid to KaBOOM!, less expenses already committed to and/or incurred prior to the date of tennination. If, upon tennination as provided herein, the sum due KaBOOM! by Community Partner, exceeds the sum paid to KaBOOM! hereunder, Community Partner agrees to pay KaBOOM! for any such addnional 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 perfonn 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, _,fjf:tJl"l~ fully acknowledges its consent and understanding of and commitment to the tenns and guidelines set forth above. Please sign both original versions of this letter and return them to KaBOOM!. We will then sign the originals, and mail one original and one copy back to you for your files. KaBOOM! and ~~l~~ look forward to wor1<ing with f!I_d~~.to make this playground a reality. Date Terms agreed to: Date Terms agreed to: Authorized Signature for NameotCQn:lmunityPa!ll\8r PholleNunibef: By: Bruce Bowman Chief Operating Officer Phone number. (202) 464-6061 Fax number. (202) 659-0210 . The Name of Community Partner Letter of Agreement June 5, 2007 9 Email address: bbowman@kaboom.ora ~eJ! KaBOOM! 4455 Connecticut Ave, NW Suite B100 Washington, DC 20008 Contact information for the person who should receive KaBOOMllnvoices: 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 KaBOOM! Project Archives KaBOOM! Outreach Statement Attachment C My signature below confirms that I have spoken with KaBOOMI Client Services representatives and understand that if my organization Is selected for a KaBOOMI 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 KaBOOMI playground project. Name of Organization Name and Title of Person that would be signing the contract (please print) Authorized Signature Date Name and Title of Contact Person (if different from above) Signature of Contact Person Date Address Phone number NoteslExceptions: Please sign and fax back to 425.955.4883 Attachment k 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: Citv of San Bernardino Mailing Address: 201A No. "E" Street City: San Bernardino County San Bernardino State: Phone Number. (909) 384-5233 Fax Number: Web site (if applicable): www.sbcitv.ora Address of Playground Site (if different than mailing address): CA Zip (909) 384-5160 92418 380 S. "K" Street. San Bemardino 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 Mavor/Neiahborhood PartnershiDs and Initiatives Phone and Email: (909)384-5133 Gonzalez Ni{1ilSBCitV.ora Cell Phone (optional): . Secondary Contact Name and Title: Jan Waaes I Sr. Administrative Analvst W 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@SBCitv.org Cell Phone (optional): (909) 556-3024 Oraanization 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 o~ 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 I 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. ....A1 }~ The Power to Change 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 " '. 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. PlaVQround & 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 Change 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 o.ther (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 _ . , 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:fJ. project, but KaBOOM! must provide accurate information to our Funding Partners. If you have existing equipment, answer the fol/owing 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? P'iN!l .'. -. . . . -.~ The existing playground was built in 1984. It is located out of the line of sight of the community center; therefore, parents ~nnot 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. 11.00 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 PhonelEmail Community Buildina 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. R~ The Power to Change a Child's World . .., :. .." i Playground Profile Application Submit your responses in one of the following ways: BY EMAIL TO: swilk@kaboom.org OR FAX TO: 202-659-0210 t#Jl.. :.' ..... ..... .'. - . 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 Bemardino 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 ~nloyment. 16. Describe what would make your playground project a success tie: 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: BY EMAIL TO: swilk@kaboom.org OR FAX TO: 202-659-0210 Letter of Aareement 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. Citv-Manaaer Phone/Email (909) 384-5122 Wilson Frca>.SBCitv.ora 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 Waaes. Sr. Admin Analvst Phone/Email (909) 384-5032 Waaes JatlilSBCitv.ora 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 KaBOOMI Web Portal at www.kaboom.ora. The KaBOOM! Web Portal, www.kaboom.ora. 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 Change a Child's World _ , Playground Profile Application .. Submit your responses in one of the following ways: BY EMAIL TO: 5wilk@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 ..... . Attachment B THIS KaBOOMI COMMUNITY PARTNER AGREEMENT is made this lDATENUMiER) day of (MONTH, YEAR] by and between KaBOOM! and Name of CormIIlI\ityParlner. RECITALS WHEREAS KaBOOM! 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 KaBOOM! 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 N~QfeommJltiltY~r is entering into a written agreement with KaBOOM! for services to plan, design and construct a community-build playground ('Program'); WHEREAS KaBOOM! has received charitable support from ~MI'iOFFU~PARrNE~ ("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. Name 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 Parlnlilr 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 KaBOOM! on behalf of this Program. _"_".hl._L___ ___ 4455 Connectic:ut Ave. NW, Sui"" 8100 Washington, DC 20008 ..""I ?n? /0,,1;.0 n?I'i. _ t... ?n., ""0 n?IO I The Name of Community Partner Letter of Agreement June 5, 2007 2 1.3. ~ a Community. Partner for a KaBOOM! colT1lT1u~ity-buildplayglll~nd project, Mpf ~~anoer will work with KaBOOM!, ~6ff\!!'il!iflljc~, 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 KaBOOM!-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. 1.3.2. 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 recru~ 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. 1.3.5. 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, ~Qf~Pilj,ilr is responsible for contributing $10,000 to the playground project. 1.4.1. All funds Viill be ap~lied direcliytowardpurchasing ~Iay~round eqUipment. 1.:4.2.. .'lJpOr\re<;eiPtoftllis~I'\4!d{lg~,KllQQQM!iWi!!i!WQilltNli\Illlilpf.()()niniIlllity~ for the full amount of this contribution, and it will be due at least 30 days before the Build Day on . . 1.4.3. If tiil!n.EI..ilf. 'p~~ does not make payment as ouliined in Section 1.4.2, KaBOOM! 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 .KaBOOMI's wri.tten request, without waiving any other rights and remedies, N~pf ~IIilYP~r shall be deemed liable for damages to KaBOOMI 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 ~ contribution to the project. Upon request, KaBOOM! will provide back-up documentation for NameofCOromunityPartnetw~hin 120 days after the Build Day. 1.5. The Build Day must occur in calendar year 2007bn XXXXlOO<X.~OO7. 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 KaBOOM!, 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 KaBOOM! on the construction s~e in absence of authorized representatives of the Community Partner and the Funding Partner being available. i 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 th~ event. !hat th~~~ild D~ei.~ ~ncelled or changed solely by ~i# Colnr!lulllty P~, NaIi!ilQf~!yP_ 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. Th'ese 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. _Qf~tu1IlY~FliI~ shall attach documentation to this ~~re~~ents~oVlingproofof land ownership evidenced by a deed granting title of the property to _.I!lf~)PJiillef to the property, or a letter from the property owner showing approval for the installation of the playground. Work.in~ with the support of the property owner (if owner is a separate party), Name ()fCprillTll!nitYpat'It1er will maintain the property before and after the build to ensure a safe and attractive play area. 1.7. &.()fCQmmUllily'RlIlner shall collaborate with KaBOOM! during the planning of this Project to develOjl a maint~.n~nce program for the playground that will be implemented by ~meOf Coi'Iimunilyl'alfrier upon completion of the playground installation. 1.8. NarMOfCollU'lllJ!'lityPllrD1er 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 one million dollars ($1,000,OOO.00)from the 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 any other insurance covering KaBOOM! and Funding Partner. Such policy must provide that KaBOOM! and Funding Partner be given at least thirty (30) days prior 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 coverage and the expiration date of each applicable policy. 1.9. Name Of COll'lll1uoity p~r will obtain all necessary and appropriate permits and licenses regarding the installation and possession and use of a playground prior to Build Day in compliance with local and state laws, regulations and guidelines. 1.10. Nlime of CommunityPsrtl\er 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 sne 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. _Clf.~ln1lllitY,~r!rler is responsible for ensuring the playground s~e is safe for volunteers and children. . 1.11.1. ~!A~Of(.)!lfnfu_P~iIli... is responsible for conducting up to two utility site checks as reasonably requested by KaBOOM! with the appropriate util~ companies between two and eight weeks prior to the Build Day. Documentation of the util~ checks must be provided to the KaBOOM!proje<;t Manaq~r upon completion. 1.11.2. Nlln1e.llf Cl)m/llIPli!YP@r!rleF 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 ,~e soU 9hllCks must "btl. provided to the KaBOOM! Project Manager upon completion. ~~i'Qf.C!lfnfuIlIlltY~ is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers. 1.12. ~.,llf~OifY'~ 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. Nlll)1llllf CQftl!ll!lIlityl:l~er is solely responsible for any add~ional 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 w~ KaBOOM!. If Commun~ Partner decides to purchase additional equipment or materials to supplement materials secured by KaBOOM!, then the Commun~ Partner is solely responsible for paying for the materials and all other liabilities related to such materials. Neither KaBOOM! nor ~ 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. til!mIlJ>fCOJ!lI11\IIJily0t='8rtn"r will seek prior approval from KaBOOM! and/or ~llIemFUrn:IIng Partner for any written~rdW rinted materials that reference the Program and/or contain the logos of KaBOOM! or ~~, ircluding but not limited to press releases, fliers and promoti~ral materials. ..' '. ", '~will work in collaboration with KaBOOM! and/or Nlln1ellfF.untIirlgPlll1rler to secure media coverage. KaBOOM! will provide 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. N!ameof,CoI!lITlUl'lityPllrtner will allow the names and logos of Name m FUl1djngParlu~r and KaBOOM! on permanent playground signage, such as that shown as a sample during N!ame m ~Il!uoitypartnet 's application process. Playground signage is 12 % inches wide by 30 % 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 Commun~ Partner has specific guidelines regarding corporate signage on ~ property, please attach those guidelines to this Agreement. 1.16. Nall!ellf~ 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 KaBOOMI 2.1. KaBOOM! will provide the Commun~ Partner w~ 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 KaBOOM! Tool Kit of publications (4-book set), KaBOOM! online Playground Planner, nametags 'and other general supplies. 2.1.6. Provide for and coordinate the participation of the Funding Partner, Nl!me:i)fF~n4il'lg Partner, which has committed to provide KaBOOM! wilh financial, human and/or in-kind resources to bring to fruition the playground project with ~QfCClIlli1:~ity~. 2.2. KaBOOM! (in collaboration with !'4gpt~:~,r), will provide or secure a Certified Playground Safety Inspector (CPSI) to review the plaY~nJ~~~stru?tureto ,~~~ure1hat it is safe and built to all appropriate standards and guidelines. ~<<~r!itYP~er acknowledges that neither KaBOOM! 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 t.l~IMOtcom~)R~~ agrees to look solely to the CPSI for any such liability, costs or expenses which arise out of the CPSl's action, inaction or negligence. 2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaBOOM! assumes responsibility for the playground construction going beyond one day, at the conclusion of the installation. 2.2.2. In accordance with Section 4, _:ofCOmml!llitY.R~!lI' 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 NSIlleOt CoJ'l\tl1Ul1ity partner to meet the teons of this Agreement, then Name of eommunityParll1et will be responsible for securing a CPSI to review the playground. 3. FUNDING PARTNER RELATIONS 3.1. KaBOOM! has a separate agreement with a KaBOOM! Funding Partner, NAMEOFFUt-lPlt-lG PARTNER ("Funding Partne!'), whose contributions to KaBOOM! 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 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 projecfs 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 I . 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 4.1. 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 Partne~s). . 4.2. It is agreed that ~OfCoro~~ 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 representativeAnstaller will certify that the playground was installed to manufacturer'~~~ifK?lti~n~ atthee~d of the Build Day. 4.3.1. Notwithstanding the foregoing, ~pl~Ill~~ shall be solely responsible for the pl~YQrou~~nd ~e<j~ipr:nent upon certification of the playground. 4.3.2. ~mePfO~fliW,.RiIl'lril!fshall 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 KaBOOMI and/or the CPSlleave the playground site. 4.3.3. In the unlikely event or planned circumstances that the playground is not completely constru~ted a~d all equipment fully installed at the conclusion of the Build Day, NameQf ComMunity ~er shall be responsible for completing the installation of the playground in accordance with the specified guidelines with the assistanceo,fth,e CPSI, and/or the manufacturer's representatives, facilitated by KaBOOM!. N;im1l6f00li\illunitYBllrtnln' shall be solely resp?~~ible for any injuries, death, or property damage that arises out of Natileof CollllnllnityBartQ~s completion of such installation. 4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of Name ofCommullity P;lrtnet. 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 wRh its warranty policy. Upon request, a copy of the warranty for the playground-equipment and the safety-surfacing will be provided by the manufacture~s) to the Community Partner. While playground e<j~ipmentand/or material, manufacturers may provide a warranty with respect to their product, Name of Community PlItltIflr acknowledges that neRher I I , , , , The Name of Community Partner Letter of Agreement June 5, 2007 7 KaBOOM! 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 anYequip~~nt~r mat~ri,al,~re subject to the respective manufacturer's terms therefore, and N~QfCOmr@llitYPartner 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 KaBOOM! 4455 Connecticut Ave., NW, Suite B100 Washington, DC 20008 USA 202-659-0215 Copy To: Jane Wilson, Client Services Coordinator (use same KaBOOM! address above) To Corporation: NAME oFC ,,_,C -", '..".'.c''''-':.:.:~:":..:.... NAME OF " SireetAd_ City, State, ,'" (Area Coile) T n:v PARTNER CONTACT PERSON TNER 6.2. Counterparts. This Agreement may be executed by the parties in one or more counterparts which shall, in the aggregate, be signed by all parties and each counterpart shall be deemed an original instrument as against any party who has signed it. 6.3. Goveming Law. The laws of the State of Illinois, without reference to its choice of law provisions, shall govem 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 ofthe 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 slated herein and supersedes and replaces any and all previous agreements and all amendments thereto. I .. . , " The Name of Community Partner Letter of Agreement June 5, 2007 8 6.7. Assignment. This Agreement may not be assigned, delegated ortransfened 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, KaBOOM! shall refund to the Community Partner any monies paid to KaBOOM!, less expenses already committed to and/or incunred prior to the date of termination. If, upon termination as provided herein, the sum due KaBOOM! by Community Partner, exceeds the sum paid to KaBOOM! hereunder, Community Partner agrees to pay KaBOOM! 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 QfCQIllmunllyPflrtner 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 KaBOOM!. We will then sign the originals, and mail one original and one copy back to you for your files. KaBOOM! and _(jfful1dintlpa~r look forward to working with N_Qf~.Pilr1her to make this playground a reality. Date Terms agreed to: Date Terms agreed to: By: full Name Job Title Authorized Signature for Name of Community Partner Phone Number: By: Bruce Bowman Chief Operating Officer Phone number: (202) 464-6061 Fax number: (202) 659-0210 .. .. 2001-479 , , , The Name of Community Partner Letter of Agreement June 5, 2007 9 Fi\xN Eml11I Name Addless City State ZIP . ,......-.~ .... ..-.- .. -.' Email address: bbowman(1ilkaboom.ora KaBOOM! 4455 Connecticut Ave, NW Suite B100 Washington, DC 20008 Contact information for the person who should receive KaBOOMI 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 KaBOOM! Project Archives ..-..; -<".' .,-... < , , . _ <b .. KaBOOM! Outreach Statement J My signature below confirms that I have spoken with KaBOOMI Client Services representatives and understand that if my organization is selected for a KaBOOMI 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 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 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 KaBOOMI playground project. ~ S::ln RF!rn::lrdino Name of Organization Fred Wilson, City Manager (please print) Date Fred Wilson December 18. 2007 Name of Person that would be signing the contract (if different from above) Date 300Na. "0" Street Adoress (909) 384-5122 Phone number NoteslExceptions: Please sign and fax back to 202-659-0210