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HomeMy WebLinkAbout2016-163 1 RESOLUTION NO. 2016-163 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF 4 INTENT AND CONTRACT AGREEMENT BETWEEN THE CITY OF SAN 5 BERNARDINO AND KABOOM! FOR CREATIVE PLAY EQUIPMENT. 6 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager is hereby authorized to execute a Letter of Intent 9 10 and with KaBOOM! for creative play equipment to be used at the Center for Individual 11 Development (CID), a copy of which is attached hereto as Exhibit"A" and incorporated herein. 12 SECTION 2. That the City Manager is hereby authorized to execute a Grantee Letter of 13 Agreement for the Rigamajig and Imagination Playground in a Cart Grant Programs with 14 15 KaBOOM! for creative play equipment to be used at the CID copies of which is attached hereto 16 as Exhibit"B" and"C" and incorporated herein. 17 18 19 20 21 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF 2 INTENT AND CONTRACT AGREEMENT BETWEEN THE CITY OF SAN 3 BERNARDINO AND KABOOM! FOR CREATIVE PLAY EQUIPMENT. 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the I" 7 day of August, 2016, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X 10 11 BARRIOS X 12 VALDIVIA X 13 SHORETT X 14 NICKEL X 15 RICHARD x- 16 17 MULVIHILL X 18 19 Georg Hanna, C , City Clerk 2o The foregoing Resolution is hereby approved this da f August, 016. 21 �� Gam' 22 R. Carey DaV s, Mayor 23 City of San Bernardino Approved as to form: 24 Gary D. Saenz, City Attorney 25 � By: 26 27 28 2 2016-163 play matters for all kids Imagination Playground or Rigamajig Letter of Intent My signature below confirms that the appropriate representatives from my organization understand that if my organization is selected for the Imagination or Rigamajig Playground grant, we will be responsible for the following(please initial each point), Obtain any and all necessary consents,approvals, permits and/or licenses required to receive and utilize Imagination Playground in a Cart or Rigamajig.Check with school district, local child care and/or youth programs licensing offices,park district, or other entity that governs the area you want to use Imagination Playground in a Cart or Rigamajig. Provide proof of commercial&general liability insurance for at least$1,000,000 and name KaBOOM!and FUNDER as additional insured. For certain Imagination Playground Grant opportunities,the Grantee must pay for the cost of shipping of the Imagination Playground(estimated at$1,00042,000). Ability to store and maintain the Imagination Playground or Rigamajig in a Cart. Have space availability for Imagination Playground in a Cart or Rigamajig. Ability to sign the Letter of Agreement for the grant, including the statement below(please have legal team review): By accepting the Grant, the Grantee acknowledges that neither KaB00M!nor FUNDER nor their respective subsidiaries and affiliates, and their officers, directors, employees or agents shall be liable for any acts, omissions,injuries, errors or damages,whether direct,indirect incidental or consequential,associated with the use of the Grant funds or the Grant sponsored project. The Grantee irrevocably and unconditionally agrees, to the fullest extent permitted by law,to defend,indemnify, and hold harmless KaBOON, FUNDER and its subsidiaries, and their respective officers, directors,employees and agents,from and against any and all claims,liabilities,losses, damages(including incidental, consequential,special and punitive damages)and expenses(including reasonable attomeys'fees)directly, indirectly, wholly, or partially arising from or in connection with any act or omission of the Grantee,its employees,or agents,in applying for or accepting the Grant in expending or applying funds furnished pursuant to the Grant or in carrying out the Grant sponsored project, except to the extent that such claims,liabilities,losses,damages or expenses arise from or in connection with any willful misconduct of KaB00M.l, FUNDER their respective subsidiaries and affiliates,and their respective officers, directors,employees or agents. Be available for communication with KaBOOM! Grant Manager to prepare and receive the Imagination Playground in a Cart or Rigamajig. 2016-163 Signing this Letter of Intent signifies that all Involved parties(including person responsible for signing final Grant Agreement)have reviewed the Grant Letter of Agreement and are prepared to sign the Grant Letter of Agreement within five calendar days of being chosen for a grant. City of San Bernardino Name of Organization Mark Scott, City Manager Name an Title of Pe nth would be signing the Letter of Agreement(please print) Authorized Signature Date Christina Chartier, Executive Assistant to Director Name and Title of Main Contact Person(if different from above) Signature of Main Contact person Date 201 N E Street, Suite 301, San Bernardino, Ca 92401 909-384-5233 Address Phone number 2016-163 KaBOOM! Inc. —FUNDER YEAR Rigamajig Grant P_rogram Grantee Letter of Agreement GRANTEE("Grantee")hereby is awarded one Rigamajig to offer children opportunities for open-minded,free play(the "Riaamaiia")by KaBOOM!,Inc.(" OOM!")and FUNDER,in accordance with the terms and subject to the conditions stated in this Letter of Agreement. Failing to comply with any of the requirements stated in this Letter of Agreement or providing false information may result in forfeiture of this grant and require Grantee to return the Rigamajig to KaBOOM!at the expense of the Grantee. 1. Scone of Prolect A. Grantee agrees to accept delivery of the Rigamajig by(the"Gran Data'). B. Grantee must have space available for the Rigamajig(200 sq.ft.minimum play space and storage space for two 32"x 21"x 49"carts). C. Work with KaBOOM!to establish a timeline related to delivery of Rigamajig and fulfillment of obligations in Section II below. II. Ongoing Participation of the Grantee During the Grant Period A. Grantee agrees to meet the timelines established for the submission and/or completion of the following key grant benchmarks. In the case of submissions of reports or documents,they should be sent to the KaBOOMI Grants Manager. Failure to submit any such report by the appointed deadline may result in forfeiture of the grant, B. Grantee must sign this Letter of Agreement by,DUE DATE C. Within 2 weeks of the delivery of the Rigamajig Grantee shall submit a Final Report.This report shall include a project summary,photographs,and media stories that document the receipt and use of the Rigamajig.KaBOOM!will provide a format for this report. D. The grantee shall: 1. Agree to complete a follow up survey with KaBOOM!detailing the impact Rigamajig is having on play in its community three months after delivery of the Rigamajig. 2. Grantee shall retain ownership of the Rigamajig for a minimum of one year from the Grant Date. In furtherance of the foregoing,in the event Rigamajig no longer is permitted for any reason to be located at its original site or such site is no longer controlled by the grantee for any reason,then the grantee promptly shall notify KaBOOM!following its becoming aware of such situation and shall,at the grantee's sole cost and expense,take such steps as may be necessary to promptly and safely relocate Rigamajig(Including any permanent signage and other fixtures)to an alternate site that serves children or to ensure that the successor controlling person of such site shall continue to make Rigamajig available to children in the same manner contemplated as of the grant and maintain(or permit the grantee to maintain)such Rigamajig in accordance with the maintenance program. Ill. Partner Recoanition A. Grantee must send out the,preapproved press release template to a minimum of one local media outlet. Reference to the,FUNDER—KaB00M!grant program and their sponsorship in other forms such as newsletters,web stories,or other promotional materials is subject to review and approval. B. All grantees will automatically be signed up to receive information by email from the FUNDER. If requested, grantee agrees to collaborate with a representative from the,FUNDER to plan and host a grant award presentation,prior to,on,orjust following the arrival of the Rigamajig. IV. Publicity A. Grantee consents to the use of Grantee's and the playspace's name for advertising and publicity purposes by KaBOOM!and FUNDER in commerce and in any and all media worldwide without limitation,additional compensation,or consent except where prohibited by law. V. insurance Reauirements, A. Grantee warrants that the organization has,and will maintain for so long as it retains ownership of the Rigamajig,Commercial and General Liability insurance providing coverage against liability for bodily injury, death and property damage that may rise out of or be based upon the use of the playspace;and Worker's Compensation insurance policies,in amounts not less than one million dollars($1,000,000).Grantee must also include KaBOOM!and FUNDER as additional insured and needs to submit documentation by DUE DATE. B. Grantee acknowledges that neither KaB00M!, FUNDER,nor their respective officers,directors, employees,or agents are in any way responsible or liable for action,inaction or negligence of the grantee. 2016-163 VI. Indemnification A. By accepting the Grant,the Grantee acknowledges that neither KaB00M!nor FUNDEi�nor their respective subsidiaries and affiliates,and their officers,directors,employees or agents shall be liable for any acts,omissions, injuries,errors or damages,whether direct,indirect,incidental or consequential, associated with the use of the Grant funds or the Grant sponsored project. The Grantee irrevocably and unconditionally agrees,to the fullest extent permitted by law,to defend,indemnify,and hold harmless KaB00M!,FUNDEf'and its subsidiaries,and their respective officers,directors,employees and agents, from and against any and all claims, liabilities, losses,damages(including incidental,consequential, special and punitive damages)and expenses(including reasonable attorneys'fees)directly,indirectly, wholly,or partially arising from or in connection with any act or omission of the Grantee,its employees,or agents, in applying for or accepting the Grant,in expending or applying funds furnished pursuant to the Grant or in carrying out the Grant sponsored project,except to the extent that such claims,liabilities, losses,damages or expenses arise from or in connection with any willful misconduct of KaB00Mt, FUNDER,their respective subsidiaries and affiliates,and their respective officers,directors,employees or agents. VII. General A. KaBOOMI has the sole right,at its discretion,to waive or postpone any deadline or requirement stipulated in this Letter of Agreement. Grantee agrees that FUNDER:is an intended third parry beneficiary of this Letter of Agreement. B. Grantee agrees to have their contact information shared with representatives from the FUNDER for award purposes. have read and attest that my organization is willing to comply with the KaBOOM!Inc.and FUNDER;Rigamajig Grantee program in accordance with the terms set forth in this Letter of Agreement. Please return a signed copy of this Letter of Agreement to:smarz @kaboom.org or ATTN:Grants Manager, KaBO 1,Inc.,4301 Con ecticut Avenue NW,Suite ML-1,Washington,DC 20008 Mark Scott Authorized Signature for Grantee Date Printed Name City of San Bernardino City Manager Name of Grantee Organization Job Title 909-384-5233 909-384-5160 chartier_ch @sbcity.org Phone Number Fax Number E-Mail Address 201 N E Street, Suite 301, San Bernardino_. C:a 92401 Mailing Address City State Zap Federal ID tl Non-profit Status e. .501 c 3 KaB00M!CFO Date George T.Megas KaB00Ml 4301 Connecticut Ave.,NW Suite ML-1 Washington,DC 20008 202.659,0215 fax:202,659.0210 2016-163 KaBOOM! Inc. —;FUNDER YEAR Imagination Playground in a Cart Grant Program Grantee Letter of Agreement GRANTEE("Grantee')antee")hereby is awarded one Imagination Playground in a Cart to offer children opportunities for open- minded,free I lay(the" ' p "IP in Cdr")by KaBOOM!,Inc.(" BKa OOM!")and FUNDER,, in accordance with the terms and subject to the conditions stated in this Letter of Agreement. Failing to comply with any of the requirements stated in this Letter of Agreement or providing false information may result in forfeiture of this grant and require Grantee to return the I P in a Cart to KaB00M!at the expense of the Grantee. I. Scope of Prolect A. Grantee agrees to accept delivery of the IP in a Cart by(the"Gr n "). B. Grantee must have space available for the IP in a cart(450 sq.ft.minimum play space and sufficient storage for four carts measuring 74"x 27"x 37"). C. Grantee is recommended to develop and implement a Play Associate program and to have a minimum of two Play Associates present with the children whenever the IP in a Cart is open for play. D. Work with KaB00Ml to establish a timeline related to delivery of IP in a Cart and fulfillment of obligations in Section 11 below. For select grant opportunities,the Grantee must pay for the cost of shipping(estimated at$1,000-$2,000).An invoice for the cost of shipping will be sent to the grantee if applicable. II. Onaoina Participation of the Grantee During the Grant Period A. Grantee agrees to meet the timelines established for the submission and/or completion of the following key grant benchmarks. In the case of submissions of reports or documents,they should be sent to the KaBOOM! Grants Manager. Failure to submit any such report by the appointed deadline may result in forfeiture of the grant. B. Grantee must sign this Letter of Agreement by..UE DATE C. Within 2 weeks of the delivery of the IP in a Cart Grantee shall submit a Final Report.This report shall include a project summary,photographs,and media stories that document the receipt and use of the Imagination Playground. KaBOOM!will provide a format for this report. D. The grantee shall; 1. Agree to complete a follow up survey with KaBOOM!detailing the impact IP in a Cart is having on play in its community three months after delivery of the IF in a Cart. 2. Grantee shall retain ownership of the IP in a Cart for a minimum of one year from the Grant Date. In furtherance of the foregoing, in the event IP in a Cart no longer is permitted for any reason to be located at its original site or such site is no longer controlled by the grantee for any reason, then the grantee promptly shall notify KaBOOM!following its becoming aware of such situation and shall,at the grantee's sole cost and expense,take such steps as may be necessary to promptly and safely relocate IP in a Cart(including any permanent signage and other fixtures) to an alternate site that serves children or to ensure that the successor controlling person of such site shall continue to make IF in a Cart available to children in the same manner contemplated as of the grant and maintain(or permit the grantee to maintain)such Imagination Playground in a Cart in accordance with the maintenance program. III. Partner Recoanitlon A. Grantee must send out the preapproved press release template to a minimum of one local media outlet. Reference to the FUNDER.—KaBOOM!grant program and their sponsorship in other forms such as newsletters,web stories,or other promotional materials is subject to review and approval. B. All grantees will automatically be signed up to receive information by email from the,FUNDER; If requested, grantee agrees to collaborate with a representative from the FUNDER to plan and host a grant award presentation,prior to,on,or just following the arrival of the I P in a Cart. IV. Publicity A. Grantee consents to the use of Grantee's and the playspace's name for advertising and publicity purposes by KaBOOM!and)=UNDER in commerce and in any and all media worldwide without limitation,additional compensation,or consent except where prohibited by law. V. Insurance Requirements A. Grantee warrants that the organization has,and will maintain for so long as it retains ownership of the IP in a Cart,Commercial and General Liability insurance providing coverage against liability for bodily injury, death and property damage that may rise out of or be based upon the use of the playspace;and Worker's Compensation insurance policies,in amounts not less than one million dollars($1,000,000). Grantee must also include KaBOOMI and FUNDER as additional Insured and needs to submit documentation by DUE DATE. 2016-163 B. Grantee acknowledges that neither KaBOOM!,,FUNDER,nor their respective officers,directors, employees,or agents are in any way responsible or liable for action,inaction or negligence of the grantee. VI. Indemnification A. By accepting the Grant,the Grantee acknowledges that neither KaBOOM!nor FUNDER nor their respective subsidiaries and affiliates,and their officers,directors,employees or agents shall be liable for any acts,omissions,injuries,errors or damages,whether direct,indirect,incidental or consequential, associated with the use of the Grant funds or the Grant sponsored project The Grantee irrevocably and unconditionally_agrees,to the fullest extent permitted by law,to defend,indemnify, and hold harmless KaBOOM!,fUNDE)'and its subsidiaries,and their respective officers,directors,employees and agents, from and against any and all claims,liabilities, losses,damages(including incidental,consequential, special and punitive damages)and expenses(including reasonable attorneys'fees)directly,indirectly, wholly,or partially arising from or in connection with any act or omission of the Grantee,its employees,or agents, in applying for or accepting the Grant,in expending or applying funds furnished pursuant to the Grant or in carrying out the Grant sponsored project,except to the extent that such claims,liabilities, losses,damages or expenses arise from or in connection with any willful misconduct of KaB00Ml, FUNDER,their respective subsidiaries and affiliates,and their respective officers,directors,employees or agents. Vil. General A. KaBOOM!has the sole right,at its discretion,to waive or postpone any deadline or requirement stipulated in this Letter of Agreement. Grantee agrees that FUNDEI.is an intended third party beneficiary of this Letter of Agreement B. Grantee agrees to have their contact information shared with representatives from the FUNDER for award purposes. I have read and attest that my organization is willing to comply with the KaBOOM!Inc.and FUNDER.Imagination Playground in a Cart Grantee program in accordance with the terms set forth in this Letter of Agreement. Please return a signed copy of this Letter of Agreement to:smarz @kaboom.org or ATTN:Grants Manager, KaB00MI,Inc.,4301 Connecticut Avenue NW,Suite ML-1,Washington,DC 20008 X__(� Mark Scott Authorized Signature for Grantee Date Printed Name City of San Bernardino City Manager Name of Grantee Organization Job Title 909-384-5233 909-384-5160 Chartier_Ch @sbcity.org Phone Number Fax Number E-Mail Address 201 N E Street, Suite 301, San Bernardino, Ca 92401 Mailing Address City State Zip Federal ID 4 Non-profit Status e. .301 c 3 KaSOOMl CFO Date George T.Megas KaBOOM! 4301 Connecticut Ave.,NW Suite ML-1 Washington,DC 20008 202.659.0215 fax:202,659.0210 2016-163 play matters for all kids Imagination Playground or Rigamajig Letter of Intent My signature below confirms that the appropriate representatives from my organization understand that if my organization is selected for the Imagination or Rigamajig Playground grant, we will be responsible for the following(please initial each point): Obtain any and all necessary consents,approvals, permits and/or licenses required to receive and utilize Imagination Playground in a Cart or Rigamajig.Check with school district, local child care and/or youth programs licensing offices, park district, or other entity that governs the area you want to use Imagination Playground in a Cart or Rigamajig. �S Provide proof of commercial&general liability insurance for at least$1,000,000 and name KaBOOM!and FUNDER as additional insured. For certain Imagination Playground Grant opportunities,the Grantee must pay for the cost of < shipping of the Imagination Playground(estimated at$1,00042,000). Ability to store and maintain the Imagination Playground or Rigamajig in a Cart. Have space availability for Imagination Playground in a Cart or Rigamajig. Ability to sign the Letter of Agreement for the grant, including the statement below(please have legal team review): By accepting the Grant, the Grantee acknowledges that neither KaB00N nor FUNDER nor their respective subsidiaries and affiliates,and their officers, directors, employees or agents shall be liable for any acts, omissions,injuries, errors or damages,whether direct,indirect incidental or consequential,associated with the use of the Grant funds or the Grant sponsored project. The Grantee irrevocably and unconditionally agrees, to the fullest extent permitted by law,to defend,indemnify,and hold harmless KaB00M.i,FUNDER and its subsidiaries, and their respective officers, directors,employees and agents,from and against any and all claims,liabilities,losses, damages(including incidental, consequential,special and punitive damages)and expenses(including reasonable attorneys'fees)directly, indirectly, wholly, or partially arising from or in connection with any act or omission of the Grantee,its employees,or agents,in applying for or accepting the Grant,in expending or applying funds furnished pursuant to the Grant or in carrying out the Grant sponsored project, except to the extent that such claims,liabilities,losses,damages or expenses arise from or in connection with any willful misconduct of KaBOOM!, FUNDER,their respective subsidiaries � and affiliates,and their respective officers, directors,employees or agents. j� r" 5 Be available for communication with KaBOOM! Grant Manager to prepare and receive the Imagination Playground in a Cart or Rigamajig. 2016-163 Signing this Letter of Intent signifies that all Involved parties(including person responsible for signing final Grant Agreement)have reviewed the Grant Letter of Agreement and are prepared to sign the Grant Letter of Agreement within five calendar days of being chosen for a grant. City of San Bernardino Name of Organization Mark Scott, City Manager Name an Title of Pe )n th would be signing the Letter of Agreement(please print) Authorized Signature Date Christina Chartier, Executive Assistant to Director Name and Title of Main Contact Person(if different from above) Signature of Main Contact person Date 201 N E Street, Suite 301, San Bernardino, Ca 92401 909-384-5233 Address Phone number 2016-163 KaBOOM! Inc. —FUNDER YEAR Rigamajig Grant Program Grantee Letter of Agreement GRANTEE;("Grantee')hereby is awarded one Rigamajig to offer children opportunities for open-minded,free play(the "Riaamajig')by KaBOOM!,Inc.("KaBOOM!')and YUNDER,in accordance with the terms and subject to the conditions stated in this Letter of Agreement. Failing to comply with any of the requirements stated in this Letter of Agreement or providing false information may result in forfeiture of this grant and require Grantee to return the Rigamajig to KaBOOM!at the expense of the Grantee. 1. Scope of Prolect A. Grantee agrees to accept delivery of the Rigamajig by(the"Gran Da a"). B. Grantee must have space available for the Rigamajig(200 sq.ft.minimum play space and storage space for two 32"x 21"x 49"carts). C. Work with KaBOOM!to establish a timeline related to delivery of Rigamajig and fulfillment of obligations in Section II below. tl. Ongoing Participation of the Grantee During the Grant Period A. Grantee agrees to meet the timelines established for the submission and/or completion of the following key grant benchmarks. In the case of submissions of reports or documents,they should be sent to the KaBOOM!Grants Manager. Failure to submit any such report by the appointed deadline may result in forfeiture of the grant. B. Grantee must sign this Letter of Agreement by DUE DATE C. Within 2 weeks of the delivery of the Rigamajig Grantee shall submit a Final Report.This report shall include a project summary,photographs,and media stories that document the receipt and use of the Rigamajig. KaBOOM!will provide a format for this report. D. The grantee shall: 1. Agree to complete a follow up survey with KaBOOM!detailing the impact Rigamajig is having on play in its community three months after delivery of the Rigamajig. 2. Grantee shall retain ownership of the Rigamajig for a minimum of one year from the Grant Date. In furtherance of the foregoing,in the event Rigamajig no longer is permitted for any reason to be located at its original site or such site is no longer controlled by the grantee for any reason,then the grantee promptly shall notify KaBOOM!following its becoming aware of such situation and shall,at the grantee's sole cost and expense,take such steps as may be necessary to promptly and safely relocate Rigamajig(including any permanent signage and other fixtures)to an alternate site that serves children or to ensure that the successor controlling person of such site shall continue to make Rigamajig available to children in the same manner contemplated as of the grant and maintain(or permit the grantee to maintain)such Rigamajig in accordance with the maintenance program. III. Partner Recognition A. Grantee must send out the preapproved press release template to a minimum of one local media outlet. Reference to the,FUNDER—KaBOOM!grant program and their sponsorship in other forms such as newsletters,web stories,or other promotional materials is subject to review and approval. B. All grantees will automatically be signed up to receive information by email from the FUNDER. If requested, grantee agrees to collaborate with a representative from the,FUNDERR to plan and host a grant award presentation,prior to,on,or just following the arrival of the Rigamajig. IV. Publicity A. Grantee consents to the use of Grantee's and the playspace's name for advertising and publicity purposes by KaBOOM!and rUNDER in commerce and in any and all media worldwide without limitation,additional compensation,or consent except where prohibited by law. V. Insurance Reauirements A. Grantee warrants that the organization has,and will maintain for so long as it retains ownership of the Rigamajig,Commercial and General Liability insurance providing coverage against liability for bodily injury, death and property damage that may rise out of or be based upon the use of the playspace;and Worker's Compensation insurance policies,in amounts not less than one million dollars($1,000,000).Grantee must also include KaBOOMI and FUNDER as additional insured and needs to submit documentation by DUE,DATE. B. Grantee acknowledges that neither KaBOOM!, FUNDER:,nor their respective officers,directors, employees,or agents are in any way responsible or liable for action,inaction or negligence of the grantee. 2016-163 VI. Indemnification A. By accepting the Grant,the Grantee acknowledges that neither KaB00M! nor,FUNDER nor their respective subsidiaries and affiliates,and their officers,directors,employees or agents shall be liable for any acts,omissions, injuries,errors or damages,whether direct,indirect,incidental or consequential, associated with the use of the Grant funds or the Grant sponsored project. The Grantee irrevocably and unconditionally agrees,to the fullest extent permitted by law,to defend,indemnify,and hold harmless KaB00Ml,1=UNDER and its subsidiaries,and their respective officers,directors,employees and agents, from and against any and all claims,liabilities, losses,damages(including incidental,consequential, special and punitive damages)and expenses(including reasonable attorneys'fees)directly,indirectly, wholly,or partially arising from or in connection with any act or omission of the Grantee,its employees,or agents, in applying for or accepting the Grant,in expending or applying funds furnished pursuant to the Grant or in carrying out the Grant sponsored project,except to the extent that such claims,liabilities, losses,damages or expenses arise from or in connection with any willful misconduct of KaB00MI, FUNDER�,their respective subsidiaries and affiliates,and their respective officers,directors,employees or agents. VII. General A. KaB00M!has the sole right,at its discretion,to waive or postpone any deadline or requirement stipulated in this Letter of Agreement. Grantee agrees that FUNDER;is an intended third party beneficiary of this Letter of Agreement. B. Grantee agrees to have their contact information shared with representatives from the FUNDER for award purposes. 1 have read and attest that my organization is willing to comply with the KaBOOM!Inc.and FUNDER;Rigamajig Grantee program in accordance with the terms set forth in this Letter of Agreement. Please return a signed copy of this Letter of Agreement to:smart @kaboom.org or ATTN:Grants Manager, KaBO t,Inc.,4301 Con ecticut Avenue NW,Suite ML-1,Washington,DG 20008 Mark Sco t Authorized Signature for Grantee Date Printed Name City of San Bernardino City Manager Name of Grantee organization Job Title 909-384-5233 909-384-5160 chartier ch @sbcity.org Phone Number Fax Number E-Mail Address 201 N E Street, Suite 301, San Bernardino, Ca 92401 state dip Mailing Address Federal ID# Non-profit Status e. .501 c 3 KaB00M!CFO Date George T.Megas KaB00M! 4301 Connecticut Ave.,NW Suite ML-1 Washington,DC 20008 202.659,0215 fax:202,659.0210 2016-163 KaBOOM! Inc.—,FUNDER YEAR Imagination Playground in a Cart Grant Program Grantee Letter of Agreement GRANTEE("Grantee')hereby is awarded one Imagination Playground in a Cart to offer children opportunities for open- minded,minded,free play(the"IP in a Cart")by KaB00MI,Inc.("KaBOOMI')OOM!")and FUNDER',, in accordance with the terms an subject to the conditions stated in this Letter of Agreement. Failing to comply with any of the requirements stated in this Letter of Agreement or providing false information may result in forfeiture of this grant and require Grantee to return the I P in a Cart to KaBOOM!at the expense of the Grantee. I. Scone of Prolect A. Grantee agrees to accept delivery of the IP in a Cart by(the"Gr n "). B. Grantee must have space available for the IP in a cart(450 sq.ft.minimum play space and sufficient storage for four carts measuring 74"x 27"x 37"). C. Grantee is recommended to develop and implement a Play As program and to have a minimum of two Play Associates present with the children whenever the IP in a Cart is open for play. D. Work with KaB00MI to establish a timeline related to delivery of IP in a Cart and fulfillment of obligations in Section 11 below. For select grant opportunities,the Grantee must pay for the cost of shipping(estimated at$1,000-$2,000).An invoice for the cost of shipping will be sent to the grantee if applicable. II. Onaoina Participation of the Grantee During the Grant Period A. Grantee agrees to meet the timelines established for the submission and/or completion of the following key grant benchmarks. In the case of submissions of reports or documents,they should be sent to the KaBOOM! Grants Manager. Failure to submit any such report by the appointed deadline may result in forfeiture of the grant B. Grantee must sign this Letter of Agreement by DUE DATE C. Within 2 weeks of the delivery of the IP in a Cart Grantee shall submit a Final Report.This report shall include a project summary,photographs,and media stories that document the receipt and use of the Imagination Playground. KaB00M!will provide a format for this report. D. The grantee shall: 1. Agree to complete a follow up survey with KaBOOM!detailing the impact IP in a Cart is having on play in its community three months after delivery of the IP in a Cart. 2. Grantee shall retain ownership of the IP in a Cart for a minimum of one year from the Grant Date. In furtherance of the foregoing,in the event IP in a Cart no longer is permitted for any reason to be located at its original site or such site is no longer controlled by the grantee for any reason, then the grantee promptly shall notify KaBOOMI following its becoming aware of such situation and shall,at the grantee's sole cost and expense,take such steps as may be necessary to promptly and safely relocate IP in a Cart(including any permanent signage and other fixtures) to an alternate site that serves children or to ensure that the successor controlling person of such site shalt continue to make IP in a Cart available to children in the same manner contemplated as of the grant and maintain(or permit the grantee to maintain)such Imagination Playground in a Cart in accordance with the maintenance program. III. Partner Recognition A. Grantee must send out the preapproved press release template to a minimum of one local media outlet. Reference to the FUNDER—KaB00M!grant program and their sponsorship in other forms such as newsletters,web stories,or other promotional materials is subject to review and approval. B. All grantees will automatically be signed up to receive information by email from the,FUNDER. If requested, grantee agrees to collaborate with a representative from the.=UNDER to plan and host a grant award presentation,prior to,on,or just following the arrival of the IP in a Cart. IV. Publicity A. Grantee consents to the use of Grantee's and the playspace's name for advertising and publicity purposes by KaBOOM!and(UNDER in commerce and in any and all media worldwide without limitation,additional compensation,or consent except where prohibited by law. V. Insurance Reauirements A. Grantee warrants that the organization has,and will maintain for so long as it retains ownership of the IP in a Cart, Commercial and General Liability insurance providing coverage against liability for bodily injury, death and property damage that may rise out of or be based upon the use of the playspace;and Worker's Compensation insurance policies,in amounts not less than one million dollars($1,000,000). Grantee must also Include KaBOOMI and FUNDER as additional Insured and needs to submit documentation by DUE DATE.. 2016-163 B. Grantee acknowledges that neither KaB00M!,,FUNDEI,nor their respective officers,directors, employees,or agents are in any way responsible or liable for action, inaction or negligence of the grantee. VI. Indemnification A. By accepting the Grant,the Grantee acknowledges that neither KaBOOM!nor E.,. ,nor their respective subsidiaries and affiliates,and their officers,directors,employees or agents shall be liable for any acts,omissions,injuries,errors or damages,whether direct,indirect,incidental or consequential, associated with the use of the Grant funds or the Grant sponsored project The Grantee irrevocably and unconditionally_agrees,to the fullest extent permitted by law,to defend,indemnify, and hold harmless KaB00M!,FUNDEI and its subsidiaries,and their respective officers,directors,employees and agents, from and against any and all claims,liabilities,losses,damages(including incidental,consequential, special and punitive damages)and expenses(including reasonable attorneys'fees)directly,indirectly, wholly,or partially arising from or in connection with any act or omission of the Grantee,its employees,or agents,in applying for or accepting the Grant,in expending or applying funds furnished pursuant to the Grant or in carrying out the Grant sponsored project,except to the extent that such claims,liabilities, losses,damages or expenses arise from or in connection with any willful misconduct of KaB00M!, ,FONDER,their respective subsidiaries and affiliates,and their respective officers,directors,employees or agents. V1 1. General A. KaB00M!has the sole right,at its discretion,to waive or postpone any deadline or requirement stipulated in this Letter of Agreement. Grantee agrees that,FU.NDER!is an intended third party beneficiary of this Letter of Agreement B. Grantee agrees to have their contact information shared with representatives from theFUNDER for award purposes. I have read and attest that my organization is willing to comply with the KaB00M!Inc.and FUNDER.Imagination Playground in a Cart Grantee program in accordance with the terms set forth in this Letter of Agreement. Please return a signed copy of this Letter of Agreement to:smart @kaboom.org or ATTN:Grants Manager, KaBOOMI,Inc.,4301 Connecticut Avenue NW,Suite ML-1,Washington,DC 20008 Mark Scott Authorized Signature for Grantee Date Printed Name City of San Bernardino City Manager Name of Grantee Organization Job Title 909-384-5233 909—i84—S160 Phone Number Fax Number E-Mail Address 201 N E Street, Suite 301, San Bernardino Ca 92401 Mailing Address City State Zip Federal ID 4 Non- rofit Status e. .5111 c 3 KaSOOMI CFO Date George T.Megas KaB00M! 4301 Connecticut Ave.,NW Suite ML-1 Washington,DC 20008 202.659.0215 fax:202,659.0210