HomeMy WebLinkAbout15-Parks and Recreation (2)
CITY OF SAN BERNARDINO - REQUEST FOR COUNCILCl~+~~f\~ A L
From: Kevin Hawkins, Director
Subject: RESOLUTION APPROVING TEMPLATE
LETTER OF AGREEMENT IN CONCEPT,
AND AUTHORIZING EXECUTION OF A
KABOOM! OUTREACH STATEMENT FOR
A COMMUNITY -BUILD PLA YGROUND
PROPOSED AT THE RUDY C.
HERNANDEZ COMMUNITY CENTER
LOCATED IN MEADOWBROOK PARK.
MICC Meeting Date: February 2, 2009
Dept: Parks, Recreation & Community
Services Dept.
Date: January 23, 2009
Synopsis of Previous Council Action:
Recommended motion:
Adopt Resolution.
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Signat re ,/'
Contact person: Kevin Hawkins
Phone: 384-5233
Supporting data attached: Yes
Ward:
I
FUNDING REQUIREMENTS: Amount: $10,000 from fundraisinq
activities.
Estimated value of equipment
donated by funding partner - $40,000
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
go
2009- 0<./
Agenda Item No.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF
REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino approving a
template Letter of Agreement in concept, and authorizing the City Manager to execute a
KaBOOM! Outreach Statement as required for consideration for a community-build playground
proposed for construction at the Rudy C. Hernandez Community Center located in
Meadowbrook Park.
Backl!round:
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 ofthe 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, and a
significant reduction in the number of incidents of graffiti activity at the park.
On July 30, 2008, the City partnered with the Boys and Girls Club of San Bernardino and
KaBOOM! for another successful community playground build at Delmann Heights Park.
On December 11, 2008, the City participated in another successful KaBOOM! community
playground build, this time at the Ruben Campos Community Center at Nunez Park.
In early January 2009, staff was contacted again by KaBOOM! apprising them of yet another
playground build opportunity in the Inland Empire. Staff was made aware of the very short turn
around time for submittal of an application. Following staff's analysis (as guided by the Park
Master Plan) of the City's most pressing need for another playground, it was determined that
the Rudy C. Hernandez Community Center at Meadowbrook Park presented an excellent
opportunity for a community playground build, as there currently is no playground equipment
available at that location. There is playground equipment at another location in Meadowbrook
Park; however, it is not visible from the Rudy C. Hernandez Community Center, and children
must cross Sierra A venue, a four-lane street in order to play there. It was noted by the increases
in center attendance and the strong turn out at last year's Fire Open House, that the location
would also benefit from the mobilization of neighborhood groups to sustain the investment at
that area. 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").
A tentative date of February 5, 2009 has been set for Design Day at the Hernandez Community
Center, and March 28, 2009 has been identified tentatively for Build Day, in commemoration of
Cesar Chavez Day. The build would include an edible garden, and a legacy mural, similar to
the one that was painted on the Community Center at Lytle Creek in March 2008.
The KaBOOM! Outreach Statement attests to the fact that the City will be responsible for the
following:
I) Fundraising $10,000 toward the cost of equipment;
2) Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on Build
Day;
3) Recruiting 150 volunteers from the community to participate on Build Day, and between 10 and
20 parents to participate in the planning process;
4) Providing land and site preparation two weeks prior to Build Day to result in a flat dirt surface
measuring at least 3,000 square feet;
5) Perform up to two utility checks with the first being completed within two weeks of Design
Day;
6) Perform up to two soil tests for lead and arsenic with the first being 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;
II) Agree to erect Core Values sign, Chavez garden and Legacy mural for Cesar Chavez Day
Build.
If Council approves the template Letter of Agreement in concept at the February 2, 2009,
Council meeting, and authorizes the Interim 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 notity 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 Imnact:
If the City is selected as a Community Partner, a KaBOOM! Funding Partner (which has not yet
been revealed to the City) will provide funding for all but the $10,000 to be fundraised by the
City. The City has been successful in raising the funding for the previous KaBOOM
playground builds, and already has the $10,000 funding in place for the proposed build at
Hernandez Center. The total 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 Saturday,
March 28,2009.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
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.
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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.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held on the _
,2009, by the following vote, to wit:
day of
9 Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
V ACAN T
KELLEY
JOHNSON
McCAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
"i-~ t 4~~ k { ~~ k~! t ~ t(
James F. Penman, City Attorney
C4Yy ~ ~~~~.
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Washington, DC
NW suIte B100
4455 Connecticut Ave. ,
Chicago, IL
Atlanta, GA
San Ma.teo, {
. Wa.sh.1ngtOD, DC 20008
. tel 202.859.0215
. fax 202.659.0210
'Exhibit "A"
2009 TEMPLATE:
KaBOOM!
LETTER
OF AGREEMENT
" '. ,. . " '" During the application process we ask that ill!
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 day of Month, 2009 by
and between KaBOOM! and Name of Community Partner.
RECITALS
WHEREAS KaBOOM! is a non-profit organization chartered in the District of Columbia and
organized as a 501 (c) 3 by determination of the Internal Revenue Service;
WHEREAS KaBOOM! is an organization that develops, manages and coordinates a community-
building playground for its Community and Funding Partners, culminating in a one-day installation event
known as a 'Build Day";
WHEREAS Name 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.
<<CP>> Letter of Agreement
Month XX, 2009
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 KaBOOM! on behalf of this Program.
1.3. As a Community Partner for a KaBOOM! community-build playground project, Name of
Community Partner 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'-facilltated Design Day with at ieast 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 $10,000 to
the playground project.
1.4.1. All funds will be applied directly toward purchasing playground equipment.
1.4.2. Upon receipt of this signed agreement, KaBOOM! 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, 2009.
1.4.3. If Name of Community Partner 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 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 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.
<<CP. LeIfEr of Agreement
Month XX; 2009
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 KaBOOMI and the Funding Partner,
or their designates.
1.5.2. In the event that the Build Date is cancelled or changed solely by Name of Community
Partner, Name of Community Partner shall be deemed liable for damages to KaBOOM! and
Funding Partner for any equipment costs, labor and materials and any additional expenses
related to the Program, such as airfare and general supplies.
1.5.3. In the event of a Build Day postponement, KaBOOMI shall collaborate with the Community
Partner and the Funding Partner to issue a Memo of Understanding (MOU) that outlines a
plan for rescheduling the Build Day.
1.5.3.1. The MOU shall outline any additional expenses related to the rescheduled Build
Day, and the party or parties responsible for covering the additional expenses.
These expenses may include, but are not limited to, equipment storage, security,
equipment shipment, and KaBOOM! travel and hotel expenses.
1.5.3.2. The MOU shall identify the next-earliest possible date for the Build Day, based on
the availability of open dates on the KaBOOM! program calendar, the availability of
the Community Partner to participate in the project, and the availability of the
Funding Partner to participate in the project.
1.6. Name of Community Partner shall attach documentation to this Agreement showing proof of land
ownership evidenced by a deed granting title of the property to Name of Community Partner to the
property, or a letter from the property owner showing approval for the installation of the
playground. Working with the support of the property owner (if owner is a separate party), Name
of Community Partner will maintain the property before and after the build to ensure a safe and
attractive play area.
1.7. Name of Community Partner shall collaborate with KaBOOM! during the planning of this Project to
develop a maintenance program for the playground that will be implemented by Name of
Community Partner upon completion of the playground installation.
1.8. Name of Community Partner is self-Insured and Name of Community Partner is responsible for
providing coverage for its own employees and for any accidents arising out of the equipment.
1.9. Name of Community Partner will obtain all necessary and appropriate pelTl1its 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. 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 KaBOOM! with the appropriate utility companies with the first test
<<CP>> Letter of Agreement
Month XX, 2009
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. Name of Community Partner is responsible for conducting up to two soil site tests as
reasonably requested by KaBOOM!, with the first test being completed within two weeks of
Design Day. Documentation of the soil checks must be provided to the KaBOOM! Project
Manager upon completion. Name of Community Partner is responsible for undertaking any
necessary risk mitigation should the soil be deemed unsafe for children or volunteers.
1.12. Name of Community Partner will agree to accept and maintain engineered wood fiber as
playground safety surfacing, meeting standards established by CPSC guidelines, for the lifetime of
the playground.
1.13. Name of Community Partner is solely responsible for any additional costs beyond the proposed
playground project budget. KaBOOM! is not responsible for paying any vendors for any prior sije
preparation, upgrades or improvements not agreed upon with KaBOOM!. If Community Partner
decides to purchase additional equipment or materials to supplement materials secured by
KaBOOMI, then the Community Partner is solely responsible for paying for the materials and all
other liabilities related to such materials. Neither KaBOOMI nor its Funding Partne~s) shall be
liable for payment. Community Partner will hold KaBOOMI and the Funding Partner harmless of
any payments or liability with respect to the additional Items ordered.
1.14. Name of Community Partner will seek prior approval from KaBOOM! and/or Name of Funding
Partner for any written and/or printed materials that reference the Program and/or contain the
logos of KaBOOM! or Name of Funding Partner, including but not limited to press releases, fliers
and promotional materials. Name of Community Partner will work in collaboration with KaBOOM!
and/or Name of Funding Partner to secure media coverage. KaBOOM! will 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. Name of Community Partner will allow the names and logos of Name of Funding Partner and
KaBOOM! on permanent playground signage, such as that shown as a sample during 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
KaBOOM! Build Guild and, as such, will receive subsequent information from KaBOOM! on
playground maintenance, programming and enhancements.
2. OBLIGATIONS OF KaBOOM!
2.1. KaBOOM! will provide the Community Partner with technical and organizational leadership and
guidance for the playground project.
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.
<<CP. Letter of Agreement
Month XX, 2009
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, 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 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 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 of Community Partner 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, Name of Community Partner shall be solely responsibie 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 tenms 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.
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.
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
asis.
.CP. Letter of Agreement
Month XX; 2009
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 Name of Community Partner wili indemnify and hold harmless KaBOOM! and/or
the Funding Partner and their respective officers, directors, employees, or agents from any and ali
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
personai 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 wili review the playground structure upon completion at
the end of the scheduled build Day. The manufacturer's representative/instalier wlli 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 shali be solely responsible for
the playground and its equipment upon certification of the playground.
4.3.2. Name of Community Partner shali 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 fuliy 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 ali equipment fuliy installed at the conclusion of the Build Day, Name of
Community Partner shall be responsible for completing the instaliation 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 shali
be solely responsible for any injuries, death, or property damage that arises out of Name of
Community Partner's completion of such instaliation.
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 KaBOOMI project manager, a play equipment
maintenance kit from Playworld Systems Inc.
5. WARRANTY
5.1. The playground equipment is covered under warranty by the selected playground equipment
company in accordance with its warranty policy. Upon request, a copy of the warranty for the
playground-equipment and the safety-surfacing wili 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
<<CPo Letter of Agreement
Month xx. 2009
7
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
KaBOOMI
4455 Connecticut Ave., NW, Suite B100
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. Goveming Law. The laws of the State of Illinois, without reference to its choice of law provisions,
shall govem the interpretation and/or legal effect hereunder and shall have jurisdiction over any
dispute (including arbitration) arising out of or under the terms of this Agreement.
6.4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective
affiliates, successor, and personal representatives of the parties to this Agreement, except to the
extent of any contrary provision in this Agreement.
6.5. Severability. This Agreement shall be construed to be in accordance with federal and state
statutes. If any provision of this Agreement, or any portion thereof, is found to be invalid, illegal, or
unenforceable, under any applicable statute or rule of law, then such provision or portion thereof
shall be deemed omitted, and the validity, legality and enforceability 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.
<<CPo Letter of Agreement
Month xx: 2009
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, fiood, riot, act of terrcrism, 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 andlor
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.
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.CP. Letter of Agreement
Month XX, 2009
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.
Date Terms agreed to:
Date Terms agreed to:
By:
Community Partner Signatory Name
Title
Authorized Signature for Name of Community Partner
Phone Number:
Fax number:
Email Address:
Name of Community Partner
Address
City, State Zip
By:
Gerry Megas
Chief Financial Officer
Phone number: (202) 464-6075
Fax number: (202) 659-0210
Email address: mailto:hzimmerman@kaboom.orQ
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 I have spoken with KaBOOM! Client
Services representatives and understand that if my organization is
selected for a KaBOOM! project, we will be responsible for the following:
(Please initial each line)
Fundraising $10,000 USD toward the cost of equipment
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.
Providing land and site preparation two weeks prior Build Day to result in a fiat dirt
surface measuring at least 3,000 square feet.
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
Using a supervised volunteer installation
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 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
Mark Weinberg, Interim City Manager
Name and Title of Person that will be signing the contract (please print)
Authorized Signature Date
Jan Wages, Senior Administrative Analyst Parks, Recreation and Carom. Svcs. Dept.
Name and Title of Main Contact Person (if different from above)
Signature of Main Contact Person
Date
201-A North "E" Street, Suite 103
(909) 384-5032
Phone number
Address
San Bernardino, CA 92401
Please sign and fax back to 202-659-0210
KaBOOM! Outreach Statement
My signature below confirms I have spoken with KaBOOM! Client
Services representatives and understand that if my organization is
selected for a KaBOOM! project, we will be responsible for the following:
(Please initial each line)
Fundraising $10,000 USD toward the cost of equipment
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.
Providing land and site preparation two weeks prior Build Day to result in a fiat dirt
surface measuring at least 3,000 square feel.
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
Using a supervised volunteer installation
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 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
Mark Weinberg, Interim City Manager
Name and Title of Person that will be signing the contract (please print)
Authorized Signature
Date
Jan Wages, Senior Administrative Analyst Parks, Recreation and Carom. Svcs. Dept.
Name and Title of Main Contact Person (if different from above)
Date
Signature of Main Contact Person
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