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HomeMy WebLinkAbout2008-160 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 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 KABOOM! 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. 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 (Exhibit "A") is approved in concept; and SECTION 2. That the City Manager is hereby authorized to execute a KaBOOM! Outreach Statement (Exhibit "B") on behalf of the City of San Bernardino as required for consideration of a community-build playground project proposed for construction at Delmann Heights Park. III III III III III III III III III III III 2008-160 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 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 DELMANN HEIGHTS 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 a regular meeting thereof, held on the 19th day of May , 2008, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT x ESTRADA x BAXTER x BRINKER x DERRY x KELLEY JOHNSON -1L x McCAMMACK ~~ 0~~~~~ The foregoing resolution is hereby approved this o,2.?~ay of May , 2008. ~4J~ Pa k J. Morris, a - ~'Y of,," """""u,, Approved as to Form: ~~& t- ~ (,_ -~ _ James F. Penman, ity Attorney k'.t&-.. ~ ~ ~ /if. ~ ?vA..,~..;~ ~ ~ ---#'.:", 1 ~p." /&1,....,.'.-: .J. 1:: I! - W~ci:~i~gtOJi. DO"'Ohicagd, IL . We..hln!lton, DC 20008 4455 Conneot1cut Ave. NW, Butte B 1 00 AtlaDta, CA. San Mateo,' . tel 202.659.0215 ~~~:;;;lA - .-- 2008 TEMPLATE: 2008-160 KaBOOM! LETTER OF AGREEMENT , " ---, .'. ""'" :,; "'-I:; <:; d,'zJ,. During the application process we ask that all necessar decision makers within your organization review the terms of this agreement and notify us of any questions or concerns. If you have requests for revisions of any kind, even adjustments perceived as minor, please bring these requests to the attention of your Client Services Coordinator. We do not require you to sign this document until a project is confirmed. When a site is approved, KaBOOM! will send you a final contract with all of the yellow highlighted text replaced by information specific to your project. THIS KaBOOM! COMMUNITY PARTNER AGREEMENT is made this XX dayof Month, 2008 by and between KaBOOM! and N~Q1.e. gf C.Qmmunityf!artner. 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"; -, .,,----... __ _ ..._~W'~ WHEREAS flJar.ne of Community.Partner 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 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. <<oPi> Letter of Agreement Month XX; 2008 2 1.2. fifal1$EHiM1lli!l'RlIlIlriilyPaltller 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. 1.3. As a Community Partner for a KaBOOM! community-build playground project, Name of CoIn\mIInllyiP4~~et will work with KaBOOM!, 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 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 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 ofComm\:Rlity Pa1tner 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, KaBOOM! will invoice Name of Community Paltner for the full amount of this contribution, and it will be due at least 30 days before the Build Day O~t9lG~xx.2008. 1.4.3. If ~me~'6JDllImunityPartner does not make payment as outlined in Section 1.4.2, KaBOOM! reselVes 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 KaBOOM!'s written request, without waiving any other rights and remedies, Name of Community Partner shall be deemed liable for damages to KaBOOM! 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, KaBOOM! 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 KaBOOMI, the Community Partner and the Funding Partner, each represented by a person authorized by each party. ix:cp. Letter of Agreement Manffl 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 KaBOOM! 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 KaBOOM! and the Funding Partner, or their designates. 1.5.2. In the event that the Build Date is cancelled or changed solely by Name of Communiw PEjrtner, Name of Community Partner shall be deemed liable for damages to KaBOOM! and Funding Partner for any equipment costs, labor and materials and any additional expenses related to the Program, such as airfare and general supplies. 1.5.3. In the event of a Build Day postponement, KaBOOM! shall collaborate with the Community Partner and the Funding Partner to issue a Memo of Understanding (MOU) that outlines a plan for rescheduling the Build Day. 1.5.3.1. The MOU shall outline any additional expenses related to the rescheduled Build Day, and the party or parties responsible for covering the additional expenses. These expenses may include, but are not limited to, equipment storage, security, equipment shipment, and KaBOOM! travel and hotel expenses. 1.5.3.2. The MOU shall identify the next-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. _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 Qf/~~lIIlity Partner will maintain the property before and after the build to ensure a safe and attractive play area. 1.7. llIame'ClfCommunityPartner shall collaborate with KaBOOM! during the planning of this Project to develop a maintenance program for the playground that will be implemented by Name of Commuflity Partner upon completion of the playground installation. 1.8. Nall1llcof,eommuflity 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. KaBOOM! 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 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,ofCommunityPartner 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. <<ca;>JI Letter of Agreement Month XX; 2008 4 1.10. .ml!'Gf~~lI%lIll.mityeartfler will work with local authorities and/or private finns 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. /Il1lJ:lle of~mul\ltyPartner is responsible for ensuring the playground site is safe for volunteers and children. 1.11.1. NllJ:IleofCommunityPartner is responsible for conducting up to two utility site checks as reasonably requested by KaBOOM! 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 KaBOOM! Project Manager upon completion. 1.11.2. Mame of Community Partner is responsible for conducting up to two soil site tests as reasonably requested by KaBOOM!, with the first test being completed within two weeks of Design Day. Documentation of the soil checks must be provided to the KaBOOM! Project Manager upon completion. Nan'tllof Comrnuni1;r Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers. 1, 12. Jill\~~,cQI'liITI!4nity Pa~r 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. N;;lrne ofCmnrntllJityFlaltl'ler 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 Iiabie for payment. Community Partner will hold KaBOOM! and the Funding Partner hannless of any payments or liability with respect to the additional items ordered. 1.14. /Ilame ofCGmmunity,P.artner will seek prior approval from KaBOOM! and/or Name of Funding Partner for any written and/or printed materials that reference the Program and/or contain the logos of KaBOOM! or Name of Funding Partner, including but not limited to press releases, fliers and promotional materials. Name of Community Partner will work in collaboration with KaBOOM! and/or Name of Funding Partner to secure media coverage. KaBOOM! will 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. NameomommunityPartner will allow the names and logos of Name of Funding Partner and KaBOOM! on pennanent playground signage, such as that shown as a sample during Name of CommuniwPartner '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. Narne.ofCommunityPartner understands that the playground will be added to the roster of KaBOOMI Build Guild and, as such, will receive subsequent infonnation from KaBOOM! on playground maintenance, programming and enhancements. ATIONS OF KaBOOMI <<Q1!'iI LeIfEr of Agreement Month XX; ZOO8 5 2.1. KaBOOM! 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 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, Name of Funding Partner, which has committed to provide KaBOOM! with financial, human and/or in-kind resources to bring to fruition the playground project with Name of Community Partner. 2.2. KaBOOM! (in collaboration with NameotCommunity 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 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 Name'OfCommunl\yPartner 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 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, 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 ofGommunity 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. KaBOOM! has a separate agreement with a KaBOOM! Funding Partner, Name of Funding Partner ("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. ~ Letter of Agreement Month XX; 2008 6 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 Commuriity Partner will indemnify and hold harmless KaBOOM! and/or the Funding Partner and their respective officers, directors, employees, or agents from any and all claims, costs, expenses (including attorney's fees and disbursements) or actions associated with this playground project from any claim or action, including but not limited to claims and actions for personal injury, death, or property damages resulting from the use of any playground property and equipment, except to the extent resulting from any willful misconduct of KaBOOM! and/or the KaBOOM! Funding Partner. 4.3. A Certified Playground Safety Inspector will review the playground structure upon completion at the end of the scheduled build Day. The manufacturer's representativelinstaller 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 so!ely responsible for the playground and its equipment upon certification of the playground. 4.3.2. !'lame of Community Partnl!r 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 CPSlleave 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 fliIame o1\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 The playground equipment is covered under warranty by the selected playground equipment mpany in accordance with its warranty policy. Upon request, a copy of the warranty for the ",aJ!!>> Letrer of Agreement Month XX, 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 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 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 KaBOOM! 4455 Connecticut Ave., NW, Suite Bl00 Washington, DC 20008 USA 202-464-6075 Copy To: Name, Client Services Coordinator (use same KaBOOM' 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 govern the interpretation and/or legal effect hereunder and shall have jurisdiction over any dispute (including arbitration) arising out of or under the terms of this Agreement. 6.4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective affiliates, successor, and personal representatives of the parties to this Agreement, except to the extent of any contrary provision in this Agreement. 6.5. Severability. This Agreement shall be construed to be in accordance with federal and state statutes. If any provision of this Agreement, or any portion thereof, is found to be invalid, illegal, or unenforceable, under any applicable statute or ruie 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. <<tiiJ>>> 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 mimary 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 incurred prior to the date of termination. If, upon termination as provided herein, the sum due KaBOOM! by Community Partner, exceeds the sum paid to KaBOOMI 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. ~ Letter of Agreement Month XX, 2008 9 IN WITNESS WHEREOF, this Agreement has been executed by the parties as olthe 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 KaBOOML We will then sign the originals, and mail one original and one copy back to you for your files. KaBOOMI and tlIameofFundingPartner look forward to working with Name of CommunityPcartner to make this playground a reality. Date Terms agreed to: Date Terms agreed to: By: OOlllnluRlty Partner Signatory Mame Title Aulhoriled Signature for Name of Community Partner Pllone Number. Flll( number: EmaiIA'CIlJtess: Name llf CommunltVpartner Atldress C~, State Zip By: Gerry Megas Chief Financial Officer Phone number: (202) 464-6075 Fax number: (202) 659-0210 Email address: mailto:hzimmerman(ii)kaboom.ora KaBOOM! 4455 Connecticut Ave, NW Suite B100 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 KaBOOM! Outreach Statement My signature below confirms that I have spoken with KaBOOMI Client Services representatives and understand that if my organization is selected for a KaBOOM! 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 KaBOOMI 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 Bemardino, CA 92418 Address (909) 384-5133 Phone number Notes/Exceptions: Please sign and fax back to 270.675.9397 A-TTj"lf" J,J..M IF fA), Y F<- Playground Profile Application .--...,. ". . r .. ~ ~II! Submit your responses In one of the following ways: '0"_::-;' ,If BY EMAIL TO: swllk@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 1 03 City: San Bernardino County San Bernardino Phone Number: (909) 384-5233 Fax Number: State: CA Zip 92401 (909) 384-5160 Web site (if applicable): www.sbcitv.ora 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 Mavor/Neiahborhood Partnerships and Initiatives Phone and Email: (909) 384-5133 Gonzalez Nii7pSBCitv_org 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: (909) 384-5032 Waaes Ja(1llSBCitv.ora Cell Phone (optional): (909) 556-3024 OrQanization 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 nonprom 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. Plavaround & 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 .. 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 7. Provide the following information about the children you serve: .. ..... . .. ...,.. Under2 % 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% o 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 _ 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 Wi/k 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 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. 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 .. Playground Profile Application Submit your responses in one of the following ways: BY EMAIL TO: swilk@kaboomorg OR FAX TO: 270-675-9397 Attention Shannon Wilk There is ongoing gang activity in the area surrounding the Delmann Heights Community Center. #III 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 baseballlsoftball 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 lie: 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 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 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 17. Who would sign a contract for your organization? Name Fred Wilson, City Manaaer Phone/Email (909) 384-5122 Wilson Fr(CUSBCitv.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? ~In' ~ 18. What is the name and title of the person filling out this application? (909) 384-5032 Name Jan Waaes, Sr. Administrative Analvst Phone/Email Waaes Ja(CUSBCitv.ora 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 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 andlor 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 plays pace 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 ... KaBOOM! Outreach Statement 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 $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 5/";'0 '08 Date Name and Title of Contact Person (if different from above) Signature of contact person Date 300 No. "D" Street San Bemardino, CA 92418 Address (909) 384-5133 Phone number Notes/Exceptions: Please sign and fax back to 270.675.9397 CXfI/8 rT' ".8"