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HomeMy WebLinkAbout2009-021 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. 2009-21 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TEMPLATE LETTER OF AGREEMENT IN CONCEPT, AND AUTHORIZING THE INTERIM 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 THE RUDY C. HERNANDEZ COMMUNITY CENTER LOCATED AT MEADOWBROOK 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 Interim 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 the Rudy C. Hernandez Community Center located at Meadowbrook Park. III III III III III III III III III III III 2009-21 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TEMPLATE LETTER OF AGREEMENT IN CONCEPT, AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A KABOOM! OUTREACH STATEMENT ON BEHALF OF THE CITY OF SAN BERNARDINO AS REQUIRED FOR CONSIDERATION FOR A COMMUNlTY- BUILD PLAYGROUND PROPOSED FOR CONSTRUCTION AT THE RUDY C. HERNANDEZ COMMUNITY CENTER LOCATED AT MEADOWBROOK 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 2nd day of February, 2009, by the following vote, to wit: 9 Council Members: AYES ABSTAIN ABSENT NAYS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 x ESTRADA x BAXTER BRINKER ---1L V ACAN T x KELLEY x JOHNSON x McCAMMACK ~~.h.~ Rachel Clark, City Clerk The foregoing resolution is hereby approved this 1//).1 day of February, 2009. ~~~ City of San Bernardino Approved as to Form: d,~ t A~~. k t ~~ /!d.-! t ~ ~ James F. Penman, City Attorney ~~~~-4-<~. f5'/ WashiqtOJl, DO Ohieago, IL Atlanta, CA San Mat$O, , . Washington, DC 20008 4455 Connectlout. Ave. NW. Suite BI00 . tsI202.669.0216 . fax 202.659.0210 :Exhibit "A" 2009 TEMPLATE: KaBOOM! LETTER OF AGREEMENT During the application process we ask that "II ~decisiQn 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 KaBOOMI COMMUNITY P~RTNER AGR,EEMENT is made this ~ da\'Il(_;2009 by and between KaBOOM! and ~"FiliR'r. RECITALS WHEREAS KaBOOM! is a non-profit organization chartered in the District of Columbia and organized as a 501 (c) 3 by detennination of the Internal Revenue Service; WHEREAS KaBOOM! is an organization that develops, manages and coordinates a community- building playground for its Community and Funding Partners, culminating in a one-day installation event known as a 'Build Day"; WHEREAS l'""1;f~m.!~:Jtll~r is entering into a written agreement with KaBOOM! for services to plan, design and construct a community-build playground ('Program"); WHEREAS KaBOOM! has received charitable support from ~tI:OF~~ ('Funding Partner") for this Program and has entered into a separate agreement with the Funding Partner, the resutt of which are financial and human resources for this Program. NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter expressed, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: AGREEMENTS 1. OBLIGATIONS OF 1.1. .~'" Partner") for ','-'1M agrees to be the Community Partn,er Organization ('Community ~nner playground project at Bulld_ MlfIQ8S. .. Letter of Agreement Mf:In/fJ >OC 2009 2 1.2. tIIltt_~.\i'!!illlt~ 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:b~ild playground project, 1IIallIa. h ~~ [___Ii will work with KaBOOM!, l1ll:[lil.l$iIll1!l,tl;;,l,~, 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 recrutt and secure at least 12-15 adun 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 faciltties. 1.4. In support of this project, IIIallIalilfc.Uillfr Partner is responsible for contributing $10,080 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 _~~i,(.b".; for the full amount of this contribution, and it will be due at least 30 days before the Build Day on 1.4.3. If does not make payment as outlined in Section 1.4.2, KaBOOM! reserves the right, without waiving any other rights and remedies, to cancel the build. 1.4.3.1. In the event of the Build Day's cancellation due to non-payment by the Community Partner as outlined in Section 1.4.2, at KaBOOM!'s written request, without waiving any other rights and remedies, Name of CllmImmity 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 C()~tQbuti9~12.}!1~.R~ElCt Upon ~quest, KaBOOM! will provide back-up documentation for .~~flj1!'l.._~ItfW1thln 120 days alter the BUild Day. 1.5. The Build Day must occur in calendar year 2009 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 KaBOOM!, the Community Partner and the Funding Partner, each represented by a person authorized by each party. fill!'. LeIter of Agreement MatiIIb ~~_ 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 ofCommunllY ~'tSl', If!I,eofCIi(l.),_Mir shall be deemed liable for damages to KaBOOM! and Funding Partner for any equipment costs, labor and materials and any additional expenses related to the Program, such as airfare and general supplies. 1.5.3. In the event of a Build Day postponement, KaBOOM! shall collaborate with the Community Partner and the Funding Partner to issue a Memo of Understanding (MOU) that outlines a plan for rescheduling the Build Day. 1.5.3.1. The MOU shall outline any additional expenses related to the rescheduled Build Day, and the party or parties responsible for covering the additional expenses. These expenses may include, but are not limited to, equipment storage, security, equipment shipment, and KaBOOM! travel and hotel expenses. 1.5.3.2. The MOU shall identify the next-earliest possible date for the Build Day, based on the availability of open dates on the KaBOOM! program calendar, the availability of the Community Partner to participate in the project, and the availability of the Funding Partner to participate in the project. 1.6. J~'i!Zo~.~ shall attach documentation to this Agreement showing proof of land ownership evidenced by a deed granting title of the property to Nule. of Community Parmer to the property, or a letter from the property owner showing approval for the installation of the playgroun~. Workin~ with the support of the property owner (if owner is a separate party), Nule ll't;~_er will maintain the property before and after the build to ensure a safe and attractive play area. 1.7. _fllit;J~" shall collaborate with KaBOOM! during the plannin~of this Project to develop a mainten,ance program for the playground that will be implemented by 1l...~.Qf ~A'ti"i upon completion of the playground installation. 1.8. l1lIjft1!lTlmla'. is self-insured and N~III~~~;... .Partner is responsible for providing coverage for its own employees and for any accidents arising out of the equipment. 1.9. Mil~_~rJI'" will obtain all necessary and appropriate permits and licenses regarding the installation and possession and use of a playground prior to Build Day in compliance with local and state laws, regulations and guidelines. 1.10. _of.\ll!!1il!lf-'r 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 sne, and until the conclusion of the Build Day. 1.11. ~Qf.~""IIlI!"~ner is responsible for ensuring the playground sne is safe for volunteers and children. 1.11.1. J'lj~".cQlIlIi'.r.w: is responsible for conducting up to two utility site checks as reasonably requested by KaBOOM! with the appropriate utility companies with the first test .. Letter of Agreement Month XX;. 2lf1t1i 4 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. .iI_mJ[1lIIIIIlfIi 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 bt) provided to the KaBOOM! Project Manager upon completion. Ni!Il18f1f.~tl.~ is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers. 1.12. 1OO'~..of CMlI1ll).lllily~ 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. M!IIl~~I.IL~ is solely responsible for any additional costs beyond the proposed playground project budget. KaBOOM! is not responsible for paying any vendors for any prior slle preparation, upgrades or improvements not agreed upon with KaBOOM!. If Community Partner decides to purchase additional equipment or materials to supplement materials secured by KaBOOM!, then the Community Partner is solely responsible for paying for the materials and all other liabilities related to such materials. Neither KaBOOM! nor its Funding Partner(s) shall be liable for payment. Community Partner will hold KaBOOM! and the Funding Partner harmless of any payments or liability with respect to the additional lIems ordered. 1.14.&t1t: _lill:) 4. will seek prior approval from KaBOOM! and/or NIIIKIJi[~_lIl!I . for any written and/or printed materials that reference the Program and/or contain the logos of KaBOOM! or Name. of Fundin~. Partner,including but not limited to press releases, fliers and promotional materials. _.(!t~~l!lliJ 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. _QfP~!A/Ri\y~r will allow the names and logos of Name of Funding PaltRer and KaBOOM! on permanent playground signage, such as that shown as a sample during Namellf ~.!!!I!!!itY 1"_ '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. t!~r''''CGJl~ f''':' understands that the playground will be added to the roster of KaBOOM! Build Guild and, as such, will receive subsequent information from KaBOOM! on playground maintenance, programming and enhancements. 2. OBLIGATIONS OF KaBOOMI 2.1. KaBOOM! will provide the Community Partner with technical and organizational leadership and guidance for the playground project. 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. tt€1f!!>> Leifer of Agreement Month XX; 21!109 5 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, NanleclfFQI\JK... ~]ltr, which has committed to provide KaBOOM! with financial, hUman and/or in-kind resources to bring to fruition the playground project with NanleclfCOO~ JIliuIl"",. 2.2. KaBOOM! (in collaboration with Nanle'li!f~lIiIy~), 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. Nanleof Community ~ 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 ttSl..,,,]IHi.l...~lll.~"i1J~r agrees to look solely to the CPSI for any such liability, costs or expenses which arise out of the CPSl's action, inaction or negligence. 2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaBOOM! assumes responsibility for the playground construction going beyond one day, at the conclusion of the installation. 2.2.2. In accordance with Section 4, Nani&li!fGQ.ll~,IilyJl!elmer 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 ,thatthe Build Day is delayed or not completed on the scheduled day d~~.to fa,ilure Oft~v,~:tflj{jUJ,,~r to meet the tenns of this Agreement, then Nanle'OfCClmlf.Jii,JI_ 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, Nanle ofFUA!lirlf~ ('Funding Partner"), whose contributions to KaBOOM! are helping to make this Project possible. 3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the products or services of the Funding Partner. 3.2.1. For the purposes of this Agreement, sponsors are defined as individuals, businesses or philanthropic organizations that contribute funding or in-kind gifts to this Project in exchange for certain rights to promote their affiliation with this Project to the general public, including but not limited to public name recognition via this playground project's signs, T-shirts, media materials and public-address systems. Conversely, donors are individuals or groups whose gifts to this Project require personal acknowledgement only, such as thank-you letters. 3.3. In the event the Community Partner solicits other sponsors or donors, then those sponsors and donors shall not compete with the Funding Partner for signage and sponsorship recognition. The 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 sis. "I..slterof Agreement MontfI.lCil( ... 6 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 ffll:II4Jtt:.Cll!lllllllllity PllI\IIlaf will indemnify and hold hannless KaBOOM! and/or the Funding Partner and their respective officers, directors, employees, or agents from any and all claims, costs, expenses (including attomey'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 properly damages resulting from the use of any playground properly 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 representativennstaller will certify that the playground was installed to manufacturer'ssjlecifications at the end of the Build Day. 4.3.1. Notwithstanding the foregoing,IlIl.lj.~.;~~_. shall be solely responsible for the. plaY9round~~dits equipment upon certification of the playground. 4.3.2. t~nl>.;~.,.,I~Iilj._lI! shall be responsible for securing safety measures of the playground to prevent injury, death, or properly 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, NIIIIe-of ~~;1I!lJr shall be responsible for completing the installation of the playground in accordance w~h the specified guidelines with the assistance of the CPSI and/or the manufacturer's representatives, facilitated by KaBOOM!. N_.OclIrI1!"~"r. shall b~s~I~ly re~ponsible for any injuries, death, or properly damage that arises out of". Cl>;...]lIliiIY~'s completion of such installation. 4.4. Maintenance.~f the playground facility and supervision of its use is the sole responsibility of ~J,,, _~ltiJ'-il.. Upon request, the playground-equipment and safety-surfacing manufacturers will provide guidance and materials, toward a maintenance plan for the playground. 4.4.1. The Community Partner will receive from Playwortd Systems Inc., the provider of its playground equipment, or via its KaBOOM! project manager, a play equipment maintenance kit from Playwortd Systems Inc. 5. WARRANTY 5.1. The playground equipment is covered under warranty by the selected playground equipment company in accordance with its warranty policy. Upon request, a copy of the warranty for the playground-equipment and the safety-surfacing will be provided by the manufacturer(s) to the Community Partner. While playground equipment and/or material manufacturers may provide a warranty with respect to their product, ".If:CllrmnUilityPJrtner 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 tenns ItliIl!>> Letter of Agreement Mmth.llX 2009 7 therefore, and NJ.;.l .i1It~liijllify~ 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: fiI!iIme, Client Services Coordinator (use same KaBOOM! address above) XllX-XllX-XXXX To Corporation: 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 rule of law, then such provision or portion thereof shall be deemed omitted, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 6.6. Complete Agreement. This Agreement, when executed by the duly authorized representatives of each party shall be the entire agreement between the parties as to the subject matter stated herein and supersedes and replaces any and all previous agreements and all amendments thereto. 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. <<_ Lslter of Agreement Month xx. 2otl9 8 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 fora 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 KaBOOM! hereunder, Community Partner agrees to pay KaBOOM! for any such additional sum due upon presentation of appropriate documentation within 30 days of invoice. 6.9. Waiver. A waiver by either party of a breach or failure to perform shall not constitute a waiver of any subsequent breach or failure. ~ Letter of Agteement NR1nIh xx; ~ 9 IN WITNESS WHEREOF, this Agreement has been executed by the parties as ofthe day and year first above written. By signing this Agreement, ~ of ComIllur~fl8rtner 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 _,of~ngfl8rtner look forward to wor1<ing with Name of Community Partner to make this playground a reality. Date Terms agreed to: Date Terms agreed to: 1'Iili m...~~ .... By: Gerry Megas Chief Financial Officer Phone number: (202) 464-6075 Fax number: (202) 659-0210 Email address: mailto:hzimmerman@.kaboom.ora , ' fIB NJllJlt of Cdl:lln_liIl{ Partner r KaBOOM! 4455 Connecticut Ave, NW Suite B100 Washington, DC 20008 Contact Information for the person who should receive KaBOOMI invoices: Name: Telephone Number: Mailing Address: Fax number. Email Address: Attachments: Welcome Packet Playworld Systems Inc. Playground Equipment Warranty (sample) Copy: KaBOOM! Project Archives 2009-21 KaBOOM! Outreach Statement My signature below confirms 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: (Please initial each line) v Fundraising $10,000 USD toward the cost of equipment v' Provide food, water, tools, dumpster, music & restroom facilities on Build Day ./ Recruiting 150 volunteers from the community to participate on Build Day, and between 10 and 20 parents to participate in the planning process. v Providing land and site preparation two weeks prior Build Day to result in a flat dirt surface measuring at least 3,000 square feet. v Perform up to two utility checks with the first being completed within two weeks of Design Day. Perform up to two soil tests for lead and arsenic with the first being completed within two weeks of Design Day v Using a supervised volunteer installation v Accepting liability for and maintaining the playground upon completion Using Playworld Systems equipment Using engineered wood fiber for safety surfacing Agree to erecting Core Values sign, Chavez garden and Legacy mural for Cesar Chavez Day Build Signing this Outreach Statement signifies that all involved parties (including person responsible for signing final Letter of Agr_ment) 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. v y' y Y". City of San Bernardino Name of Organization Ie 0 Person that will be signing the contract (please print) Jan Wages, Senior Administrative Analyst Parks, Recreation and Comm. Svcs. Dept. Name and Title of Ma~ Contact Person (if different from above) " . /l" md..4". d A I--~ ~ Signat~ of Main ContaVterson 2-/1/0 :}' Date 201-A North "E" Street, Suite 103 Address (909) 384-5032 Phone number San Bernardino, CA 92401 Please sign and fax back to 202-659-0210