HomeMy WebLinkAbout31-Parks and Rec o L
CITY OF SAN BERNARDINO - REQUEST FOR COUNC L C
From:Kevin Hawkins, Director Subject: RESOLUTION APPROVING TEMPLATE
LETTER OF AGREEMENT IN CONCEPT,
Dept: Parks, Recreation& Community AND AUTHORIZING EXECUTION OF A
KABOOM! OUTREACH STATEMENT FOR
Services Dept. A COMMUNITY-BUILD PLAYGROUND
PROPOSED FOR DELMANN HEIGHTS
Date: May 12, 2008 PARK.
M/CC Meeting Date: May 19, 2008
Synopsis of Previous Council Action:
12/11/07 Proposal for KaBOOM! build at Lytle Creek Park heard by the Grants Ad-Hoc Committee.
12/17/07 Council approved template letter of agreement in concept, and authorized the City Manager to
execute a KaBOOM! Outreach Statement relative to proposed playground build at Lytle
Creek Park.
4/29/08 Grants Ad-Hoc Committee heard the second KaBOOM! grant opportunity at their meeting on
April 29, 2008.
Recommended motion:
Adopt Resolution.
Signat e
Contact person: Jan Wages Phone: 384-5032
Supporting data attached: Yes Ward: 6th
FUNDING REQUIREMENTS: Amount: $7,500 from fundraising
activities.
Value of Equipment donated by
funding partner - $40,000
$4,600 — Special Events Policy
Source: (Acct. No.) 629-453-5161
(Acct. Description)
Finance:
Council Notes:
Agenda Item No._ __
6-11al�g
a
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
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 Delmann Heights Park.
Background:
On March 29, 2008, the City participated in a successful KaBOOM! playground build at
Lytle Creek Park. More than 500 volunteers (including children) participated during the
build day activities, which included not only construction of the playground, but a number
of side projects as well. Julio Salcedo, Lytle Creek Community Center Manager, has
reported a number of very positive unanticipated benefits at the Center, including the
doubling of the number of youth attending programs at the community center to over one
hundred per day. Area teenagers have created the "Lytle Creek Community Service Club"
with a current roster of ten members; this group has taken on projects to improve the park
and to encourage a healthier, cleaner environment. In addition, the long abandoned area
Neighborhood Association has a meeting planned for May 21, 2008, wherein concerned
citizens are organizing to continue the spirit of community that resulted from the
playground build at Lytle Creek Park. To date, the community center manager has
reported that there have been no incidents of graffiti activity at the park since the
KaBOOM! build day on March 29tH
On April 25, 2008, staff was contacted by KaBOOM! to let us know that there was another
playground opportunity in our area for a build scheduled in July 2008. The opportunity
was presented to the Grants Ad-Hoc Committee on April 29, 2008. The following three
locations were suggested as playground build park locations that would maximize the
potential benefits of a KaBOOM! build: Delmann Heights, Nunez and Perris Hill. The
Grants Committee also entertained the idea that Speicher Park would benefit from this
opportunity. Following further discussion between Councilmembers McCammack and
Johnson relative to the great need that exists at the Delmann Heights Park, it was agreed
that the City should submit an application for a playground build at that location. The
application was submitted by the May 2, 2008, submittal deadline (copy attached —
Attachment"A").
Delmann Heights Community Center was opened in 1969. The center is situated on 19
acres of park setting, with trees, picnic tables, a baseball diamond, a basketball court, a
quarter mile track, a football field and an Olympic size pool. There is a playground
currently on the Community Center site; however, the equipment has been damaged and
the pour-in-place matting has hardened over time, contributing to the large hole under the
area where a tire was previously suspended.
Currently, the Head Start Program operates out of the Delmann Heights Community
Center, as does the Boys and Girls Club.
Staff was informed on May 2, 2008, by KaBOOM! that the Boys and Girls Club had also
submitted an application for a playground build at Delmann Heights Park, and it was
suggested that the project would benefit from a collaborative effort by both entities. A
conference call with KaBOOM! staff was arranged for Monday, May 12, 2008. Four
representatives from the Boys and Girls Club participated in the call along with four City
staff members. The next step in the grant application process calls for the approval in
concept of the template Letter of Agreement (attached — Exhibit "A"), and authorization
for the City Manager to sign the Outreach Statement (attached—Exhibit`B").
The KaBOOM! Outreach Statement attests to the fact that the City will be responsible for
the following:
1) Fundraising $7,500 toward the cost of equipment;
2) Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on
Build Day;
3) Recruiting 50-90 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.
Parenthetically, the Boys and Girls Club is also being required to submit an Outreach
Statement, signed by the Board Chair.
1 If Council approves the template Letter of Agreement in concept at the May 19, 2008,
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.
Financial Impact:
If the City is selected as a co-agency participant, a KaBOOM! Funding Partner (which has
not yet been revealed to the City) will provide funding for all but the $7,500 to be
fundraised by the City, the Community Partner. Project cost is estimated at $40,000 for the
playspace equipment to be installed by volunteers on Build Day, which is to be scheduled
to occur on a weekday in late July. 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.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE: May 20, 2008
TO: Jan Wages, Senior Administrative Analyst
Parks, Recreation and Community Services
FROM: Margaret Fedor, Executive Assistant to the City Clerk
RE: Transmitting Documents for Signature—Resolution No. 2008-160
At the Mayor and Common Council meeting of May 19, 2008, the City of San Bernardino
adopted Resolution No. 2008-160—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 K4BOOM! Outreach Statement on behalf of the City of San Bernardino as
required for consideration for a community-build playground proposed for construction at
Delmann Heights Park.
Attached are one (1) original "KABOOM! Outreach Statement" and two (2) duplicate, originals
of the statement to be executed by the parties. Please obtain signatures in the appropriate
locations and return the ORIGINAL agreement to the City Clerk's Office as soon as possible, to
Margaret Fedor. Please retain one (1) duplicate original of each agreement for your records and
forward one (1) duplicate original to the appropriate party.
If you have any questions, please do not hesitate to contact me at ext. 3206.
Thank you.
I hereby ack7ledge receipt of the above mentioned documents.
Signed: C _
Z r� Please sign and return
Date: J � D�
RESOLUTION NO. COPY
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
3 OF SAN BERNARDINO APPROVING THE TEMPLATE LETTER OF AGREEMENT
4 IN CONCEPT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
KABOOM! OUTREACH STATEMENT ON BEHALF OF THE CITY OF SAN
5 BERNARDINO AS REQUIRED FOR CONSIDERATION FOR A COMMUNITY-
BUILD PLAYGROUND PROPOSED FOR CONSTRUCTION AT DELMANN
6 6 HEIGHTS PARK.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
8
CITY OF SAN BERNARDINO AS FOLLOWS:
9
10 SECTION 1. That the template Letter of Agreement (Exhibit "A") is approved in
11 concept; and
SECTION 2. That the City Manager is hereby authorized to execute a KaBOOM!
12 Outreach Statement (Exhibit "B") on behalf of the City of San Bernardino as required for
13 consideration of a community-build playground project proposed for construction at Delmann
14 Heights Park.
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�-l9 nR
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE TEMPLATE LETTER OF AGREEMENT
2 IN CONCEPT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
KABOOM! OUTREACH STATEMENT ON BEHALF OF THE CITY OF SAN
3 BERNARDINO AS REQUIRED FOR CONSIDERATION FOR A COMMUNITY-
4 BUILD PLAYGROUND PROPOSED FOR CONSTRUCTION AT DELMANN
HEIGHTS PARK.
5
1 HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6
7 Common Council of the City of San Bernardino at a meeting thereof, held on the
8 day of , 2008, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12
BRINKER
13
14 DERRY
15 KELLEY
16 JOHNSON
17 McCAMMACK
18
19
20 Rachel Clark, City Clerk
21 The foregoing resolution is hereby approved this day of ,2008.
22
23 Patrick J. Morris, Mayor
24 City of San Bernardino
Approved as to Form:
25
27 James F. Penman, City Attorney
Q10
&.tlanta, GA San Mateo,
DC Chicago, IL
4455 Connecticut Ave. NW, Suite B100 • Washington, DC 20008 • tel 202.659.0215 • fax 202.659.0210
.
00:
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I OF AGREEMENT
During the application process
necessary decision makers within your organization review the terms of this
agreement and notify us of any questions or concerns. If you have req
perceived revisions of any kind, even adjustments as minor, please bring these
requests to the attention of your Client Services Coordinator.
approved,We do not require you to sign this document until a project is confirmed. When a
site is KaBOOM! will send you a final contract with all of the yellow
highlighted text replaced by information specific to your project.
THIS KaB00M! COMMUNITY PARTNER AGREEMENT is made this XX day of Month, 2008 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. Name of Community Partner agrees to be the Community Partner organization("Community
Partner')for Name of Funding Partner playground project at Build Site Address.
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CP»Letter of Agreement Month XX, 2008 2
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.
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.
1.3.2. The Community Partner agrees to recruit and secure at least 12-15 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 XXX 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, Name of Community Partner is responsible for contributing $7,500 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 Month XX, 2008.
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 2008 on Day, Month XX.
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.
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((CP))Letter of Agreement Month XX, 2008 3
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
Partner and the Funding Partner being available.
1.5.1.3. The authorized representatives are defined as those individuals who have signed
this Agreement, and the Agreement between KaB00M! 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 KaB00M!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, KaB00M!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 KaB00M!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 KaB00M! 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 KaB00M!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 one million dollars($1,000,000.00)from the date of this
agreement and for a minimum of one(1)year thereafter. KaB00M! and Funding Partner shall be
named as additional insureds for the Build Day and a year thereafter upon such policy. The
insurance shall be primary over any other insurance covering KaB00M! and Funding Partner.
Such policy must provide that KaB00M!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 Community Partner 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.
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+ nCP»Letter of Agreement Month XX, 2008 4
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.
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 KaB00M! with the appropriate utility companies with the first test
being completed within two weeks of Design Day. Documentation of the utility checks must
be provided to the KaB00M! 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 KaB00M!, with the first test being completed within two weeks of
Design Day. Documentation of the soil checks must be provided to the KaB00M! 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. KaB00M! is not responsible for paying any vendors for any prior site
preparation, upgrades or improvements not agreed upon with KaB00M!. If Community Partner
decides to purchase additional equipment or materials to supplement materials secured by
KaB00M!, then the Community Partner is solely responsible for paying for the materials and all
other liabilities related to such materials. Neither KaB00M! nor its Funding Partner(s) shall be
liable for payment. Community Partner will hold KaB00M! 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 KaB00M! and/or Name of Funding
Partner for any written and/or printed materials that reference the Program and/or contain the
logos of KaB00M!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 KaB00M!
and/or Name of Funding Partner to secure media coverage. KaB00M! will provide mutual
opportunity for the Community Partner to review and approve materials prepared by KaB00M!
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
KaB00M!on permanent playground signage, such as that shown as a sample during Name of
Community Partner's application process. Playground signage is 12 inches wide and 30 inches
tall and mounted on poles. 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
KaB00M! Build Guild and, as such, will receive subsequent information from KaB00M!on
playground maintenance, programming and enhancements.
GATIONS OF KaBOOM!
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aCP»Letter of Agreement Month XX, 2008 5
2.1. KaB00M! will provide the Community Partner with technical and organizational leadership and
guidance for the playground project.
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 KaB00M!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
i 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 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,
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((CP))Letter of Agreement Month XX, 2008 g
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
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 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
I 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.
4.3.1. Notwithstanding the foregoing, Name 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
Community 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
y1. The playground equipment is covered under warranty by the selected playground equipment
ompany in accordance with its warranty policy. Upon request, a copy of the warranty for the
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aCP»Letter of Agreement Month)OC, 2008 7
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
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
202-464-6075
Copy To: Name, Client Services Coordinator
(use same KaB00M! address above)
xxx-xxx-xxxx
To Corporation: Community Partner Primary Contact
Name of Community Partner
Address
City, State, Zip
xxx-xxx-xxxx
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. Governing 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 of the remaining provisions
shall not in any way be affected or impaired thereby.
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«CP»Letter of Agreement Month XX, 2008 8
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.
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.
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starts ILI
1
irCPu Letter of Agreement Month XX, 2008 9
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 KaBOOM!. We will then sign the originals, and mail one original
and one copy back to you for your files.
KaBOOM!and Name of Funding Partner look forward to working with Name of Community Partner to make
this playground a reality.
i
Date Terms agreed to: Date Terms agreed to:
By: By:
Community Partner Signatory Name Gerry Megas
Title Chief Financial Officer
Authorized Signature for Name of Community Partner Phone number: (202)464-6075
Phone Number: Fax number: (202) 659-0210
Fax number: Email address: mailto:hzimmerman(a)kaboom.orq
Email Address:
Name of Community Partner KaBOOM!
Address 4455 Connecticut Ave, NW Suite B100
i
City, State Zip Washington, DC 20008
Contact information for the person who should receive KaBOOM! invoices:
Name: Telephone Number:
Mailing Address: Fax number:
Email Address:
Attachments: Welcome Packet
Playworld Systems Inc. Playground Equipment Warranty(sample)
Copy: KaBOOM! Project Archives
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•14AP r •
it�starts with
•'
KaBOOM! Outreach Statement ;"W;- -
My signature below confirms that I have spoken with KaB00M! Client TM,
Services representatives and understand that if my organization is selected for a KaB00M!
project, we will be responsible for the following:
1) Fundraising $7,500 USD toward the cost of equipment
2) Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on
Build Day
3) Recruiting 50-90 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.
City of San Bernardino
Name of Organization
Fred Wilson, City Manager
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
300 No. "D" Street San Bernardino, CA 92418 (909) 384-5133
Address Phone number
Notes/Exceptions:
Please sign and fax back to 270.675.9397
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 270-675-9397 Attention Shannon Wilk
Contact Information Date April 29, 2008
Organization Name: City of San Bernardino
Mailing Address: 201 No. "E" Street, Suite 103
City: San Bernardino County San Bernardino State: CA Zip 92401
Phone Number: (909) 384-5233 Fax Number: (90 9) 384-5160
Web site (if applicable): www.sbcity.org
Address of Playground Site (if different than mailing address):
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 Ni(1SBCity.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)
ir Phone and Email: (909) 384-5032 Wages Ja(a-)SBCity.org
Cell Phone (optional): (909) 556-3024
Organization Information
1. Describe your organization, addressing the following points separately:
• When was the organization founded?
• What is the history of your organization?
The City of San Bernardino was incorporated on April 13, 18544, and was subsequently unincorporated
on March 6, 1864. Reincorporation took place on August 10, 1886.
• What are the mission and vision statements for your organization?
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.
(Parks specific information to be added here...)
• When was the organization incorporated (if applicable)? If it is not incorporated, are there plans
to incorporate?
• Does the organization have nonprofit status? If not, are you working on getting nonprofit status?
• Is the organization religiously affiliated?
2. How much funding does your organization receive from each of the following sources:
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: 270-675-9397 Attention Shannon Wilk
%
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).
Delmann Height Community Center was opened in 1969. The center is situated on 19 acres of
park setting, with trees, picnic tables, a baseball diamond, basketball court, a quarter mile track,
regular football field and an Olympic sized pool. There is a playground currently on the
Community Center site; however, the equipment has been damaged, and the pour-in-place
matting has a large hole under the area where a tire was previously suspended.
The Boys and Girls Club operates out of the Delmann Heights Community Center. The Director
has worked over the last year to repaint the center inside and out, quickly covering graffiti when
it occurs. He has been successful in stemming the tide of vandalism on the site with this
proactive approach.
The replacement of the damaged/vandalized playground equipment would be another giant
step toward reclaiming this park for use by area residents, both children and adults.
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 _Unavailable Annually_Unavailable
6. Is your site open to the general public? Yes X No Other (describe)
The Power to Change a Child's World
i
Playground Profile Application
Submit your responses in one of the following ways: T
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 270-675-9397 Attention Shannon Wilk
LLL 7. Provide the following information about the children you-serve:
Under 2 %
African American
13.7%
2-5 10.9%
Hispanic
51.6%
6-12 25%
Asian & Pacific Islander
1.3%
13 and up 63.5%
Caucasian
30.4%
Other
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.
86.15% of the children that attend this site are either enrolled or qualify for the Federal Free or Reduced
lunch program. Data was gathered by comparing federal census statistics on population and housing
and the executive summary for the local schools where the children and youth are enrolled.
The average annual income for this area is $30,217, well below the national average of$41,994 for a
family of four. 30% of families in the area are below the poverty level according to federal standards,
almost triple the national average of 12.4%
c Other (Example: Scholarship information for children enrolled at your site)
9. Is there a playground on site? Yes X No
Having playground equipment on site does not exclude your group from consideration for a
The Power to Change a Child's World
it
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 270-675-9397 Attention Shannon Wilk
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? Unknown.
• Do you know the manufacturer? Unknown.
• Is your current equipment made of wood, metal or plastics? Mostly plastics.
• Is there any sort of safety surfacing in place (wood chips, rubber mats)? Pour-in-place.
• Will a new playground replace or augment your existing equipment? Replace.
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.
There is a small playground (for small children) inside a fenced in area that is used
exclusively for the Headstart Program at the Delmann Heights Community Center.
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.
We were very fortunate to have over 500 volunteers (including children) that stepped up to
assist with our KaBOOM! build at the Lytle Creek Community Center in March 2008.
Volunteers came from service clubs, churches, and local schools, as well as City employees
to assist with the project. At the very core of that group was a small collection of folks from
the immediate community who were excited to improve their local community center. The
center at Delmann Heights does not have a similar group of adults that can be immediately
called upon to step up to the tasks at hand. We may need to do some knocking on doors of
folks in the immediate area to generate the community support that will be needed. On the
other hand, one of the wonderful spin-offs of the KaBOOM! model is the sense of ownership
that is generated among local folks.
13.Describe how parents and community members are involved in your organization and your
experience with long-term volunteers.
As mentioned above, the City of San Bernardino was recently privileged to participate in a
KaBOOM! Community-build playground at our Lytle Creek Community Center. It was an awe
inspiring endeavor, with more than 500 volunteers arriving on build day to participate in the
playground build and accompanying side projects. To date, there has no vandalism at the
newly renovated park. The adults in the area are reinstituting a long abandoned neighborhood
association, with their first meeting scheduled for May 21, 2008.
14.Describe how a new playground would impact your organization and the children you serve.
The existing playground proposed for replacement has not been treated kindly by area teens.
The Power to Change a Child's World ;%. :�Pz I
Playground Profile Application
Submit m t your responses in one of the following ways:
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 270-675-9397 Attention Shannon Wilk
There is ongoing gang activity in the area surrounding the Delmann Heights Community Center.
More than just the new playground, the City welcomes anticipated sense of community and
ownership that are generated by a KaBOOM! build.
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?
Community parties, youth BBQs, fun days, arts and crafts and many other activities will take
place in and around our new playground. The children will have a safe place to play and have
fun while their big brothers and sisters play baseball/softball in the field right next to it. The
community will remember the work and sweat put into the project and take care of our new
playground.
Starts with a Playground!! We envision a community that takes ownership of this at risk area.
We envision kids playing, unafraid. We envision families interacting with other families, creating
community. We envision a playground that will be a starting point to bringing more participants
and resources that will increasingly make the Delmann Heights Community a better place to
live, work, raise a family and succeed in school.
16.Describe what would make your playground project a success [ie: community involvement,
media coverage, etc.]?
Based upon our recent experience at Lytle Creek Community Center, we are confident that
there will be outstanding community involvement and media coverage.
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
The Power to Change a Child's World
Playground Profile Application
Vr
Submit your responses in one of the following ways:
BY EMAIL TO: swilk @kaboom.org OR FAX TO: 270-675-9397 Attention Shannon Wilk
17.Who would sign a contract for your organization?
Name Fred Wilson, City Manager Phone/Email (909) 384-5122 Wilson Fra)_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?
18. What is the name and title of the person filling out this application?
(909) 384-5032
Name Jan Wages, Sr. Administrative Analyst Phone/Email Wages Ja(a.SBCity.org
19. The following materials are required:
• Photos of your site (digital) that show the space available and give us a sense of the general
area as well as. Before you take the pictures, please mark the specific playground footprint
(at least 2500sq ft) at the four corners using cones, chairs, etc. so we can see the
playground area.
• 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, www.kaboom.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
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 Chanqe a Child's World ��'�!'t''•"
i
KaBOOM! Outreach Statement
My signature below confirms that I have spoken with KaB00M! Client
Services representatives and understand that if my organization is selected for a KaB00M!
project, we will be responsible for the following:
1) Fundraising $7,500 USD toward the cost of equipment
2) Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on
Build Day
3) Recruiting 50-90 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.
City of San Bernardino
Name of Organization
Fred Wilson, City Manager
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
_300 No. "D" Street San Bernardino, CA 92418 (909) 384-5133
Address Phone number
Notes/Exceptions:
d
Please sign and fax back to 270.675.9397
-X