HomeMy WebLinkAbout28-Parks & Recreation ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Kerry Morford, Interim Director SUBJECT: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL
Dept: Parks, Recreation & Community AUTHORIZING THE MAYOR TO
Services Department APPROVE A CONTRACTUAL
AGREEMENT BETWEEN THE CITY OF
Date: January 18, 2007 SAN BERNARDINO AND KABOOM!
FOR SERVICES TO PURCHASE, PLAN,
DESIGN AND CONSTRUCT A
COMMUNITY-BUILD PLAYGROUND
LOCATED AT TOM MINOR PARK.
M/CC Meeting Date: JANUARY 22, 2007
Synopsis of Previous Council Action:
January 16, 2007—Presented to and approved by the Grants Ad Hoc committee.
Recommended Motion:
Adopt Resolution
Signature
Contact person: Dan Ustation Phone: 384-5031
Supporting data attached: Staff Report, Resolution& Agreement Ward: 5
FUNDING REQUIREMENTS: Amount: $50,000 in grant revenue
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: �SU CEO 7 -�
Agenda Item No a
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council authorizing the Mayor to approve a Contractual Agreement
between the City of San Bernardino and KaBOOM! for services to purchase, plan, design and construct a
community-build playground located at Tom Minor Park.
Background:
The department is proposing approval of an agreement with KaBOOM! for services to purchase, plan, design
and construct a community-build playground located at Tom Minor Park. The installation date of this
playground equipment would be March 31, 2007. The total value of equipment and labor provided by
KaBOOM! is $57,500. KaBOOM will fund $50,000 and the City's required cash match contribution is $7,500.
This is a competitive application process and we have not been awarded this grant funding to date. Once the
funding is awarded to a community partner the design, planning and installation process moves very quickly.
Thus, KaBOOM! requires that we submit the contract to council for language approval during the application
process.
The Tom Minor Park site was chosen for this grant opportunity because this is one of the newest Parks in our
City and currently has no playground equipment or amenities. There are no other parks in this area that are
easily accessible for children and families. Given this playground is located adjacent to a single-family home
neighborhood, playground equipment would provide an area for children to play within a safe walking distance
from their homes. This playground will help keep kids active, playing outdoors and promote healthy lifestyles.
In addition, it will help create a meeting area for parents and families.
The City is responsible to provide a utility check, soils test and site preparation two weeks prior to Build Day.
In addition, the City would be required to recruit 10 to 20 parents and 15-30 children to design the playground,
12-15 parents for the planning committee and 150-200 volunteers to participate in the Build Day. On Build
Day, the City will be required to supply electricity, a dumpster, water, food, and restroom facilities at the
installation location.
The equipment provided is by Playworld Systems and uses engineered wood fiber for safety surfacing.
Playworld will provide a Certified Playground Safety Inspector(CPSI) on the day of installation to review the
playground structure to ensure that it is safe and built to all appropriate standards and guidelines. In addition,
the KaBOOM! project manager on site will be National Institute of Playground Safety Inspectors (NIPSI)
certified.
This installation is in conjunction with a Cesar Chavez Day celebration. KaBOOM! requires that a 3 foot by 1
foot permanent sign be erected at the playground outlining the values of Cesar Chavez. Exhibit"B" contains
those values.
Financial Impact:
$50,000 in grant revenue and a cash match requirement of$7,500. We estimate an additional $7,500 in costs to
grade the site and provide, electricity, a dumpster, water, food, and restroom facilities. If and when we are
chosen for the funding opportunity by KaBOOM!, an existing Prop 40 State Grant Program Parks Construction
account will be identified as a funding source for our match requirement and additional costs.
Recommendation:
Adopt Resolution.
AR '
INTER OFFICE 1' EMORANDLI. ,l
FFICE OF THE CITY AT`T-(DRNF:-.Y
CITY OF SAN BERNARDINO
TO: Patrick J. Morris, Mayor
All Council Members
FROM: Douglas H. Calkins.
Sr. Assistant City Attorne�r''
DATE: January 22, 2007
RE: Council Meeting January 22, 2007 - Proposed Agreement With KaBOOM for
Playground Equipment. No. 28 on the Agenda. Acceptance of Requested
Modifications.
CC James F. Penman, City Attorney; Fred Wilson, City Manager.
In our memorandum of January 19, 2007, we advised you that KaBOOM was considering
the requested modifications to the sample agreement presented to the City for its consideration. As
of 5:00 p.m. on Friday, January 19, 2007, KaBOOM had not contacted the City regarding the
requested changes.
At 7:20 a.m. this morning we contacted KaBOOM's representative, Jerrylyn Black,
regarding the City's requested modifications to the agreement. She stated that KaBOOM had agreed
to incorporate three of the City's requested changes. The changes are to paragraphs 1.12,adding the
word"reasonable"before the word"lifetime";stipulating in paragraph 6.3 that the agreement would
be governed by the laws of the State of California;and,adding a paragraph stipulating that the venue
of any legal action is San Bernardino, or if a federal court action, the U.S. District Court in
Riverside. Those last two modifications are extremely important to the City in the event of
litigation.
In addition, Ms. Black stated once the form of agreement is approved, the City will be
qualified to receive the grant, although it may not receive it during this current selection process.
If the City is not chosen in this round, the City's approval of the agreement will assure that the City
remains in the running for grants that will be awarded in the future.
If you have questions, please contact the above at 5355.
No .
DHC\tbm[Mayor\Mayor CC KaBoom Contract Notification of Amendments Accepted]
1%ate �
7
EXHIBIT "A"
4455 Connecticut Avenue,NW Suite B100 • Washington,DC 20008 • tel 202.659.0215 fax 202.659.0210
2007 TEMPLATE:
KaBOOM!
AGREEMENT
This document is only a draft. During the application process we ask that all necessary
decision makers within your organization review the terms of this agreement and notify us
of any questions or • you '/ for • of any kind,
adjustments perceived as minor, please bring • to the attention of your Client
Services Coordinator.
We • • not require you to sign document project
approved, KaBOOMI will send you a final contract with all of the yellow highlighted text
replaced • information to your project.
THIS KaBOOM! COMMUNITY PARTNER AGREEMENT is made this [DATE NUMBER] day of[MONTH, YEAR] 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"
Name of Funding Partner playground project at Site Address.
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1.2. Name of Community Partner agrees to be responsive to the discreet timeline developed for the Program,inclusive
of providing approval of, action toward or direction to,specific responsibilities and initiatives of KaB00M!on behalf
of this Program.
1.3. Asa Community Partner for a KaB00M!community-build playground project,Name of Community Partner will
work with KaB00M!,Name of Funding Partner,and community residents to design, plan and build a community
playground. All parties will work closely together to ensure a successful,productive,and fun event.
1.3.1. The Community Partner agrees to host a KaB00M!-facilitated Design Day with at least 10 adults and 20
children. The adults will remain engaged in planning activities throughout the Design Day to Build Day
planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 10-15 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 50-90 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, KaB00M!will invoice Name of Community Partner for the full
amount of this contribution,and it will be due at least 30 days before the Build Day[insert actual build date].
1.4.3. If Name of Community Partner does not make payment as outlined in Section 1.4.2, KaB00M!reserves
the right,without waiving any other rights and remedies,to cancel the build.
1.4.3.1. In the event of the Build Day's cancellation due to non-payment by the Community Partner as
outlined in Section 1.4.2,at KaB00M!'s written request,without waiving any other rights and
remedies, Name of Community Partner shall be deemed liable for damages to KaB00M!and
Funding Partner for any un-cancelable contractual commitments entered into prior to cancellation,
any equipment costs,labor and materials,and any additional expenses related to the Program,
such as airfare and general supplies.
1.4.4. The Community Partner has the right to back-up documentation detailing the use of its contribution to the
project. Upon request, KaB00M!will provide back-up documentation for Name of Community Partner
within 120 days after the Build Day.
1.5. The Build Day must occur in calendar year 20OX on DAY,YEAR.
1.5.1. The Build Day shall not be postponed(defined as delayed,held over or rescheduled)under any
circumstances other than for conditions that jeopardize the safety of the volunteers,or for unsafe weather
conditions that threaten the structural integrity of the playground.
1.5.1.1. The decision to postpone a Build Day shall be reached through discussion,collaboration and
majority agreement by KaB00M!,the Community Partner and the Funding Partner,each
represented by a person authorized by each party.
1.5.1.2. The sole exception to mutual decision-making and majority agreement shall be when the decision
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must be made immediately and solely by KaB00M!on the construction site in absence of
authorized representatives of the Community Partner and the Funding Partner being available.
1.513. The authorized representatives are defined as those individuals who have signed this Agreement,
and the Agreement between KaB00M!and the Funding Partner,or their designates.
1.5.2. In the event that the Build Date is cancelled or changed solely by Name of Community Partner,Name of
Community Partner shall be deemed liable for damages to KaB00M!and Funding Partner for any
equipment costs,labor and materials and any additional expenses related to the Program,such as airfare
and general supplies.
1.5.3. In the event of a Build Day postponement,KaB00M!shall collaborate with the Community Partner and the
Funding Partner to issue a Memo of Understanding(MOU)that outlines a plan for rescheduling the Build
Day.
1.5.3.1. The MOU shall outline any additional expenses related to the rescheduled Build Day,and the
party or parties responsible for covering the additional expenses.These expenses may include, but
are not limited to,equipment storage,security,equipment shipment,and KaB00M!travel and
hotel expenses.
1.5.3.2. The MOU shall identify the next-earliest possible date for the Build Day, based on the availability of
open dates on the KaB00M!program calendar,the availability of the Community Partner to
participate in the project,and the availability of the Funding Partner to participate in the project.
1.6. Name of Community Partner shall attach documentation to this Agreement showing proof of land ownership
evidenced by a deed granting title of the property to Name of Community Partner to the property,or a letter from
the property owner showing approval for the installation of the playground.Working with the support of the
property owner(if owner is a separate party),Name of Community Partner will maintain the property before and
after the build to ensure a safe and attractive play area.
1.7. Name of Community Partner shall collaborate with KaB00M!during the planning of this Project to develop a
maintenance program for the playground that will be implemented by Name of Community Partner upon
completion of the playground installation.
1.8. Name of Community Partner 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 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. Name of Community Partner will work with local authorities and/or private firms as appropriate to ensure the
safety and security of human and equipment resources(playground equipment,playground volunteers)from the
point of material delivery,during the period(s)when site preparation occurs on the playground site,and until the
conclusion of the Build Day.
1.11. Name of Community Partner is responsible for ensuring the playground site is safe for volunteers and children.
1.11.1. Name of Community Partner is responsible for conducting up to two utility site checks as reasonably
requested by KaB00M!with the appropriate utility companies between two and eight weeks prior to the
Build Day. Documentation of the utility checks must be provided to the KaB00Ml Project Manager upon
completion.
1.11.2. Name of Community Partner is responsible for conducting up to two soil site tests as reasonably
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Name of Community Partner Letter of Agreement January 22, 2007 4
requested by KaB00M!between two and ten weeks prior to the Build Day. Documentation of the soil
checks must be provided to the KaB00M!Project Manager upon completion. Name of Community
Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for
children or volunteers.
1.12. Name of Community Partner will agree to accept and maintain engineered wood fiber as playground safety
surfacing,meeting standards established by CPSC guidelines,for the reasonable lifetime of the playground.
1.13. Name of Community Partner is solely responsible for any additional costs beyond the proposed playground
project budget. KaB00M!is not responsible for paying any vendors for any prior site preparation,upgrades or
improvements not agreed upon with KaB00M!. If Community Partner decides to purchase additional equipment
or materials to supplement materials secured by KaB00M!,then the Community Partner is solely responsible for
paying for the materials and all other liabilities related to such materials. Neither KaB00M! nor its Funding
Partner(s)shall be liable for payment. Community Partner will hold KaB00M!and the Funding Partner harmless
of any payments or liability with respect to the additional items ordered.
1.14. Name of Community Partner will seek prior approval from KaB00M!and/or Name of Funding Partner for any
written and/or printed materials that reference the Program and/or contain the logos of KaB00M!or Name of
Funding Partner,including but not limited to press releases,fliers and promotional materials. Name of
Community Partner will work in collaboration with KaB00M!and/or Name of Funding Partner to secure media
coverage. KaBOGM!will provide mutual opportunity for the Community Partner to review and approve materials
prepared by KaB00M!related to this Project(such approval not to be unreasonably withheld).
1.15. Name of Community Partner will allow the names and logos of Name of Funding Partner and KaB00M!on
permanent playground signage,such as that shown as a sample during Name of Community Partner's
application process. Playground signage is 12'/4 inches wide by 30'/4 inches tall and mounted on poles designed
to match the playground components in color and design. The sign will be erected in a mutually agreed upon
location and in accordance with the Community Partner's guidelines regarding corporate signage. If the
Community Partner has specific guidelines regarding corporate signage on its property, please attach those
guidelines to this Agreement.
1.16. Name of Community Partner understands that the playground will be added to the roster of KaB00M!Build Guild
and,as such,will receive subsequent information from KaB00M!on playground maintenance,programming and
enhancements.
2. OBLIGATIONS OF KaBOOM!
2.1. KaB00M!will provide the Community Partner with technical and organizational leadership and guidance for the
playground project.
2.1.1. Facilitate playground design and work with vendors to procure equipment and materials in a timely fashion,
the possible exception being the installation of safety surfacing other than engineered wood fiber.
21.2. Manage construction logistics for the project,coordinate playground site preparation activities with the
Community Partner,inventory equipment and materials,and assure that the necessary tools and materials
are available to construct the playground.
2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee.
2.1.4. Lead the Build Day activities,including the coordination of Build Day captains and volunteers.
2.1.5. Provide educational and promotional materials to support the playground project,including the KaB00M!
Tool Kit of publications(4-book set),KaB00M!online Playground Planner,nametags and other general
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Name of Community Partner Letter of Agreement January 22, 2007 5
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 CPSI's action,inaction or negligence.
2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaBOOM!assumes responsibility for
the playground construction going beyond one day, at the conclusion of the installation.
2.2.2. In accordance with Section 4,Name of Community Partner shall be solely responsible for any injury,
property damage,or death which occurs in connection with the playground after review of the playground is
completed.
2.2.3. In accordance with Section 4,in the event that the Build Day is delayed or not completed on the scheduled
day due to failure of Name of Community Partner to meet the terms of this Agreement,then Name of
Community Partner will be responsible for securing a CPSI to review the playground.
3. FUNDING PARTNER RELATIONS
3.1. 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.
3.4. In the event of a conflict between the Funding Partner and other sponsors and donors,the Funding Partner,
Community Partner and KaBOOM!shall consider recognition on a case-by-case basis.
4. OWNERSHIP AND LIABILITY
4.1, The Community Partner is the owner of the playground in its entirety,for the lifetime of the playground,including
the equipment and/or safety surfacing purchased by KaBOOM!and/or its Funding Partner(s).
4.2. It is agreed that Name of Community Partner will indemnify and hold harmless KaBOOM!and/or the Funding
Partner and their respective officers,directors,employees,or agents from any and all claims,costs,expenses
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Name of Community Partner Letter of Agreement January 22, 2007 6
(including attorney's fees and disbursements)or actions associated with this playground project from any claim or
action, including but not limited to claims and actions for personal injury,death,or property damages resulting from
the use of any playground property and equipment,except to the extent resulting from any willful misconduct of
KaB00M!and/or the KaB00M!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 representative/installer will certify that the playground was installed to
manufacturer's specifications at the end of the Build Day.
4.3.1. Notwithstanding the foregoing, Name of Community Partner shall be solely responsible for the playground
and its equipment upon certification of the playground.
4.3.2. Name of Community Partner shall be responsible for securing safety measures of the playground to
prevent injury, death,or property damages in the unlikely event that the playground is not completely
constructed,and all equipment fully installed,at the conclusion of the Build Day and once KaB00M!and/or
the CPSI leave the playground site.
4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all
equipment fully installed at the conclusion of the Build Day, Name of Community Partner shall be
responsible for completing the installation of the playground in accordance with the specified guidelines with
the assistance of the CPSI and/or the manufacturer's representatives,facilitated by KaB00M!. Name of
Community Partner shall be solely responsible for any injuries,death,or property damage that arises out of
Name of Community Partner's completion of such installation.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of Name of Community
Partner. Upon request,the playground-equipment and safety-surfacing manufacturers will provide guidance and
materials,toward a maintenance plan for the playground.
4.4.1. The Community Partner will receive from Playwodd Systems Inc.,the provider of its playground
equipment,or via its KaB00M!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 will be provided by the manufacturer(s)to the Community Partner. While playground equipment
and/or material manufacturers may provide a warranty with respect to their product, Name of Community Partner
acknowledges that neither KaB00M!or Funding Partner nor their respective officers,directors,employees or
agents, have made nor are in any manner responsible or liable for any warranty,representation,or guarantee,
express or implied, in fact or in law, relative to any equipment or material,including but not limited to its quality,
mechanical condition or fitness for a particular purpose. Any warranties and/or guarantees on any equipment or
material are subject to the respective manufacturer's terms therefore,and Name of Community Partner agrees to
look solely to such manufacturers for any such warranty and/or guarantee.
6. GENERAL
6.1. Notices. Any notices required or permitted to be given hereunder shall be sent by certified or registered United
States mail, postage properly prepaid,or by personal delivery addressed as follows:
To: Helen Zimmerman,Manager Contracts&Risk Management
KaB00M!
4455 Connecticut Ave.,NW, Suite B100
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Name of Community Partner Letter of Agreement January 22, 2007 7
Washington, DC 20008 USA
202-659-0215
Copy To. Tiffiney Carney,Client Services Coordinator
(use same KaBOOM!address above)
To Corporation: NAME OF COMMUNITY PARTNER CONTACT PERSON
NAME OF COMMUNITY PARTNER
Street Address
City,State,Country ZIP CODE
(Area Code)Telephone Number
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. This agreement shall be governed by the laws of the State of California,without reference to its
conflict of law provisions,and shall govern the interpretation and/or legal effect hereunder and shall have
jurisdiction over any dispute 9including arbitration or mediation, if agreed to by the parties)arising out of,or under
the terms of this agreement.
6.4. Venue.The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be
tried and litigated either in the courts of the State of California located in the city of San Bernardino,or the U.S.
District Court for the Central District, Riverside Division. The aforementioned choice of venue is intended by the
parties shall be mandatory and not permissive in nature.
6.5. 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.
6.6. 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.
6.7. 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.
6.8. Assignment. This Agreement may not be assigned,delegated or transferred by either parry without the prior
written consent of the other party hereto.
6.9. 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.
to
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Name of Community Partner Letter of Agreement January 22, 2007 8
Either party, however,may terminate this Agreement if the other is unable to perform any obligation under the
Agreement for a period longer than ten(10)calendar days due to such a force majeure event. In the event of any
such termination, KaB00M!shall refund to the Community Partner any monies paid to KaB00M!,less expenses
already committed to and/or incurred prior to the date of termination. If,upon termination as provided herein,the
sum due KaB00M!by Community Partner,exceeds the sum paid to KaB00M!hereunder,Community Partner
agrees to pay KaB00M!for any such additional sum due upon presentation of appropriate documentation within
30 days of invoice.
6.10. 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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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
KaB00M!. We will then sign the originals,and mail one original and one copy back to you for your files.
KaB00M! 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: By:
Full Name Bruce Bowman
Job Title Chief Operating Officer
Authorized Signature for Name of Community Partner Phone number: (202)464-6061
Phone Number: Fax number: (202) 659-0210
Fax Number: Email address: bbowman kaboom.org
Email Address:
Name of Community Partner KaB00M!
Address 4455 Connecticut Ave, NW Suite B100
City, State ZIP Washington, DC 20008
Contact information for the person who should receive KaB00M! invoices:
Name: Telephone Number:
Mailing Address: Fax Number:
Email Address:
Attachments: Welcome Packet
Playworid Systems Inc. Playground Equipment Warranty(sample)
Copy: Brian Crowley, Interim Vice President of Administrative Services
Name of Funding Partner Contact
KaB00M!Project Archives
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Exhibit"B"
�P'V E2 R
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CESAR E. CHAVEZ' CORE VALUES
Si SE PUEDE
1. Service to Others —Service that is predicated on empowering others; engendering self-help,
self-determination, and self-sufficiency versus charity.
2. Sacrifice — Sacrifice that is spiritual; that is courageous and steadfast in its willingness to
endure great hardship for others.
3. A Preference to Help the Most Needy—A concerted effort to support programs that reach
the most needy, the most dispossessed, the most forgotten people in society no matter how
difficult the challenge that choice may bring.
4. Determination — Determination that is characterized by an attitude that with faith, steadfast
commitment, patience, and optimism, human beings can prevail against all odds.
5. Non-Violence— Invoking non-violence as the most powerful tool for achieving
social/economic justice and equality; action that requires boldness and courage versus
meekness and passivity.
6. Acceptance of all People—An essential ingredient for success in organizing diverse forces
to achieve social change, create community, and actualize democracy is the acceptance of all
people; an absolutely indispensable necessity to the well-being of this country.
7. Respect for Life and the Environment— Respect that holds as sacred the land, the people,
and all other forms of life.
8. Celebrating Community - Sharing the joyous and respectful expression of cultural diversity
through the reinforcement of the values of equity and responsibility to and for one another.
9. Knowledge -The pursuit of self-directed learning and the development of critical thinking and
constructive problem solving skills; overcoming ignorance through education.
10. Innovation —A creative capacity to find pragmatic strategies and tactics to resolve problems
and situations that often seen insurmountable to others.
1
Exhibit"B"
Cesar E. Chavez Quotes
11. Service to Others
"When we are really honest with ourselves we must admit that our lives are all that really belong to us.
So, it is how we use our lives, that determines what kind of[people] we are. It is my deepest belief that
only by giving our lives do we find life."
12. Sacrifice
"I am convinced that the truest act of courage, the strongest act of manliness, is to sacrifice ourselves
for others in a totally non-violent struggle for justice. To be (human] is to suffer for others. God help us
to be human."
13. A Preference to Help the Most Needy
"We are tired of words, of betrayals, of indifference ...the years are gone when the farm worker said
nothing and did nothing to help himself...Now we have new faith. Through our strong will, our
movement is changing these conditions...We shall be heard."
14. Determination
"We draw our strength from the very despair in which we have been forced to live. We shall endure."
15. Non-Violence
"Non-violence is not inaction. It is not discussion. It is not for the timid or weak ... Non-violence is hard
work. It is the willingness to sacrifice. It is the patience to win."
16. Acceptance
"We need to help students and parents cherish and preserve the ethnic and cultural diversity that
nourishes and strengthens ... this nation."
17. Respect for Life and the Environment
"However important the struggle is and however much misery and poverty and degradation exists we
know that it cannot be more important than one human life."
18. Community
"We cannot seek achievement for ourselves and forget about progress and prosperity for our community
... Our ambitions must be broad enough to include the aspirations and needs of others, for their sakes
and for our own."
19. Knowledge
"Students must have initiative; they should not be mere imitators. They must learn to think and act for
themselves and be free."
20. Innovation
"A lasting organization is one in which people will continue to build, develop and move when you are not
there."
2
+ Exhibit "A"
2007 TEMPLATE:
. : • • OF
process AGREEMENT
During the application
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
. : • • -. text
replaced by information specific to your project.
THIS KaB00M! COMMUNITY PARTNER AGREEMENT is made this 22nd day of January, 2007 by and between
KaB00M!and The City of San Bernardino.
RECITALS
WHEREAS KaB00M!is a non-profit organization chartered in the District of Columbia and organized as a 501(c)3
by determination of the Internal Revenue Service;
WHEREAS KaB00M! is an organization that develops, manages and coordinates a community-building
playground for its Community and Funding Partners,culminating in a one-day installation event known as a"Build Day'
WHEREAS The City of San Bernardino is entering into a written agreement with KaB00M! 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 THE CITY OF SAN BERNARDINO
1
wwwAal.oam.org The Power to Change a Child's World ;;
Exhibit "A"
1.1. The City of San Bernardino agrees to be the Community Partner organization("Community Partner')for the Name
of Funding Partner playground project at Irvington and Palm Ave.intersection.
1.2. The City of San Bernardino 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. Asa Community Partner for a KaBOOM!community-build playground project,The City of San Bernardino will
work with KaBOOM!, Name of Funding Partner,and community residents to design,plan and build a community
playground. All parties will work closely together to ensure a successful,productive,and fun event.
1.3.1. The Community Partner agrees to host a KaBOOM!-facilitated Design Day with at least 10 adults and 20
children. The adults will remain engaged in planning activities throughout the Design Day to Build Day
planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 10-15 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 150-200 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,The City of San Bernardino is responsible for contributing$7,500 to the playground
project.
1.4.1. All funds will be applied directly toward purchasing playground equipment.
1.4.2. Upon receipt of this signed agreement,KaBOOM!will invoice The City of San Bernardino for the full
amount of this contribution,and it will be due at least 30 days before the Build Day Saturday, March 31,
2007.
1.4.3. If The City of San Bernardino 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,The City of San Bernardino 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 The City of San Bernardino within
120 days after the Build Day.
1.5. The Build Day must occur in calendar year Saturday, March 31,2007.
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.
2
www.kaboom.org The Power to Change a Child's World
Exhibit "A"
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.
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 The City of San Bernardino,The City of
San Bernardino 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. The City of San Bernardino shall attach documentation to this Agreement showing proof of land ownership
evidenced by a deed granting title of the property to The City of San Bernardino 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), The City of San Bernardino will maintain the property before and after the
build to ensure a safe and attractive play area.
1.7. The City of San Bernardino shall collaborate with KaBOOM!during the planning of this Project to develop a
maintenance program for the playground that will be implemented by The City of San Bernardino upon completion
of the playground installation.
1.8. The City of San Bernardino is self-insured and The City of San Bernardino is responsible for providing coverage
for its own employees and for any accidents arising out of the equipment.
1.9. The City of San Bernardino 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. The City of San Bernardino 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. The City of San Bernardino is responsible for ensuring the playground site is safe for volunteers and children,
1.11.1. The City of San Bernardino is responsible for conducting up to two utility site checks as reasonably
3
www.kaboom.org The Power to Change a Child's World
Exhibit"A"
requested by KaBOOM!with the appropriate utility companies between two and eight weeks prior to the
Build Day. Documentation of the utility checks must be provided to the KaBOOM! Project Manager upon
completion.
1.11.2. The City of San Bernardino is responsible for conducting up to two soil site tests as reasonably requested
by KaBOOM! between two and ten weeks prior to the Build Day. Documentation of the soil checks must be
provided to the KaBOOM!Project Manager upon completion. The City of San Bernardino is responsible for
undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers.
1.12. The City of San Bernardino 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. The City of San Bernardino is solely responsible for any additional costs beyond the proposed playground project
budget. KaBOOM!is not responsible for paying any vendors for any poor site preparation,upgrades or
improvements not agreed upon with KaBOOM!. If Community Partner decides to purchase additional equipment
or materials to supplement materials secured by KaBOOM!,then the Community Partner is solely responsible for
paying for the materials and all other liabilities related to such materials. Neither KaBOOM!nor its Funding
Partner(s)shall be liable for payment. Community Partner will hold KaBOOM!and the Funding Partner harmless
of any payments or liability with respect to the additional items ordered.
1.14. The City of San Bernardino 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. The City of San
Bernardino 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. The City of San Bernardino 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 The City of San Bernardino's application
process. Playground signage is 12 1/4 inches wide by 30'/4 inches tall and mounted on poles designed to match
the playground components in color and design. 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. The City of San Bernardino 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.
213. Facilitate regular planning meetings with the Community Partner and the playground planning committee.
4
www.kaboom.org The Power to Change a Child's World
Exhibit"A"
2.1.4. Lead the Build Day activities,including the coordination of Build Day captains and volunteers.
2.1.5. Provide educational and promotional materials to support the playground project,including the KaB00M!
Tool Kit of publications(4-book set),KaB00M!online Playground Planner, nametags and other general
supplies.
2.1.6. Provide for and coordinate the participation of the Funding Partner, Name of Funding Partner,which has
committed to provide KaB00M!with financial,human and/or in-kind resources to bring to fruition the
playground project with The City of San Bemardino.
2.2. KaB00M!(in collaboration with The City of San Bemardino),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. The City of San Bemardino acknowledges that neither KaB00M!or Funding Partner nor their
respective officers,directors,employees,or agents have made or are in any way responsible or liable for action,
inaction or negligence of the CPSI and The City of San Bemardino agrees to look solely to the CPSI for any such
liability,costs or expenses which arise out of the CPSI's action,inaction or negligence.
2.2.1. The CPSI review will occur at the conclusion of the Build Day or,if KaB00M!assumes responsibility for
the playground construction going beyond one day,at the conclusion of the installation.
2.2.2. In accordance with Section 4,The City of San Bemardino shall be solely responsible for any injury,
property damage,or death which occurs in connection with the playground after review of the playground is
completed.
2.2.3. In accordance with Section 4,in the event that the Build Day is delayed or not completed on the scheduled
day due to failure of The City of San Bemardino to meet the terms of this Agreement,then The City of San
Bemardino will be responsible for securing a CPSI to review the playground.
3. FUNDING PARTNER RELATIONS
3.1. KaB00M!has a separate agreement with a KaB00M! Funding Partner, NAME OF FUNDING PARTNER
("Funding Partner'),whose contributions to KaB00M!are helping to make this Project possible.
3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the
products or services of the Funding Partner.
3.2.1. For the purposes of this Agreement,sponsors are defined as individuals,businesses or philanthropic
organizations that contribute funding or in-kind gifts to this Project in exchange for certain rights to promote
their affiliation with this Project to the general public,including but not limited to public name recognition via
this playground project's signs,T-shirts,media materials and public-address systems. Conversely,donors
are individuals or groups whose gifts to this Project require personal acknowledgement only,such as thank-
you letters.
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 stones,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 KaB00M!shall consider recognition on a case-by-case basis.
4. OWNERSHIP AND LIABILITY
4.1. The Community Partner is the owner of the playground in its entirety,for the lifetime of the playground, including
the equipment and/or safety surfacing purchased by KaB00M!and/or its Funding Partner(s).
5
www.kaboom.org The Power to Change a Child's World ;�_" W-
Exhibit "A"
4.2. It is agreed that The City of San Bernardino will indemnify and hold harmless KaB00M!and/or the Funding
Partner and their respective officers,directors,employees,or agents from any and all claims,costs,expenses
(including attorney's fees and disbursements)or actions associated with this playground project from any claim or
action,including but not limited to claims and actions for personal injury,death,or property damages resulting from
the use of any playground property and equipment,except to the extent resulting from any willful misconduct of
KaB00M!and/or the KaB00M! Funding Partner.
43. A Certified Playground Safety Inspector will review the playground structure upon completion at the end of the
scheduled build Day. The manufacturers representativefinstaller will certify that the playground was installed to
manufacturers specifications at the end of the Build Day.
4.3.1. Notwithstanding the foregoing,The City of San Bernardino shall be solely responsible for the playground
and its equipment upon certification of the playground.
4.3.2. The City of San Bernardino shall be responsible for securing safety measures of the playground to prevent
injury, death,or property damages in the unlikely event that the playground is not completely constructed,
and all equipment fully installed,at the conclusion of the Build Day and once KaB00M!and/or the CPSI
leave the playground site.
4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all
equipment fully installed at the conclusion of the Build Day,The City of San Bernardino shall be responsible
for completing the installation of the playground in accordance with the specified guidelines with the
assistance of the CPSI and/or the manufacturers representatives,facilitated by KaB00M!. The City of
San Bernardino shall be solely responsible for any injuries,death,or property damage that arises out of
The City of San Bernardino's completion of such installation.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of The City of San
Bernardino. 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 Playworid Systems Inc.,the provider of its playground
equipment,or via its KaB00M! project manager,a play equipment maintenance kit from Playworid
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,The City of San Bernardino
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 manufacturers terms therefore,and The City of San Bernardino 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:
6 !
www.kaboom.org The Power to Change a Child's World
` Exhibit "A"
To: Helen Zimmerman, Manager Contracts&Risk Management
KaBOOM!
4455 Connecticut Ave., NW,Suite 8100
Washington, DC 20008 USA
202-659-0215
Copy To: Tiffiney Carney,Client Services Coordinator
(use same KaBOOM!address above)
To Corporation: THE MAYOR OF THE CITY OF SAN BERNARDINO
THE CITY OF SAN BERNARDINO
300 N.D St.
San Bernardino, CA 92418
(909)384-5133
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.
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,not,act of terrorism,war,delay of
transportation,or inability due to the aforementioned causes to obtain necessary labor, materials or facilities.
Either party,however,may terminate this Agreement if the other is unable to perform any obligation under the
Agreement for a period longer than ten(10)calendar days due to such a force majeure event. In the event of any
such termination,KaBOOM!shall refund to the Community Partner any monies paid to KaBOOM!,less expenses
7
www.kaboom.org The Power to Change a Child's World
Exhibit"A"
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.
8
www.kaboom.orq The Power to Change a Child's World
Exhibit "A"
IN WITNESS WHEREOF,this Agreement has been executed by the parties as of the day and year first above written.
By signing this Agreement, The City of San Bernardino 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 The City of San Bernardino to make this playground a
reality.
Date Terms agreed to: Date Terms agreed to:
By: By:
Patrick J. Morris Bruce Bowman
Mayor Chief Operating Officer
Authorized Signature for The City of San Bernardino Phone number: (202)464-6061
Phone Number: (909) 384-5133 Fax number: (202)659-0210
Fax Number: (909) 384-5067 Email address: bbowman(@kaboom.org
Email Address: morris_pa @sbcity.org
The City of San Bernardino KaBOOM!
300 N. D St. 4455 Connecticut Ave, NW Suite B100
San Bernardino, CA 92418 Washington, DC 20008
Contact information for the person who should receive KaBOOM! invoices:
Name: Walter Nelson Telephone Number: (909)384-5132
Mailing Address: 547 N. Sierra Way, San Bernardino, CA Fax Number: (909)384-5160
92410-4816
Email Address: nelson-wa@sbcity.org
Attachments: Welcome Packet
Playworid Systems Inc. Playground Equipment Warranty(sample)
Copy: Brian Crowley, Interim Vice President of Administrative Services
Name of Funding Partner Contact
KaBOOM!Project Archives
9
wwwAaboom.orq The Power to Chanqe a Child's world
' Exhibit "B"
PV E 2
G OG
�v' Z
N CESAR E. CHAVEZ' CORE VALUES
o
1. Service to Others — Service that is predicated on empowering others; engendering self-help,
self-determination, and self-sufficiency versus charity.
2. Sacrifice — Sacrifice that is spiritual; that is courageous and steadfast in its willingness to
endure great hardship for others.
3. A Preference to Help the Most Needy —A concerted effort to support programs that reach
the most needy, the most dispossessed, the most forgotten people in society no matter how
difficult the challenge that choice may bring.
4. Determination — Determination that is characterized by an attitude that with faith, steadfast
commitment, patience, and optimism, human beings can prevail against all odds.
5. Non-Violence— Invoking non-violence as the most powerful tool for achieving
social/economic justice and equality; action that requires boldness and courage versus
meekness and passivity.
6. Acceptance of all People —An essential ingredient for success in organizing diverse forces
to achieve social change, create community, and actualize democracy is the acceptance of all
people; an absolutely indispensable necessity to the well-being of this country.
7. Respect for Life and the Environment— Respect that holds as sacred the land, the people,
and all other forms of life.
8. Celebrating Community - Sharing the joyous and respectful expression of cultural diversity
through the reinforcement of the values of equity and responsibility to and for one another.
9. Knowledge - The pursuit of self-directed learning and the development of critical thinking and
constructive problem solving skills; overcoming ignorance through education.
10. Innovation —A creative capacity to find pragmatic strategies and tactics to resolve problems
and situations that often seen insurmountable to others.
I
Exhibit "B"
Cesar E. Chavez Quotes
11. Service to Others
"When we are really honest with ourselves we must admit that our lives are all that really belong to us.
So, it is how we use our lives, that determines what kind of[people] we are. It is my deepest belief that
only by giving our lives do we find life."
12. Sacrifice
"I am convinced that the truest act of courage, the strongest act of manliness, is to sacrifice ourselves
for others in a totally non-violent struggle for justice. To be [human] is to suffer for others. God help us
to be human."
13.A Preference to Help the Most Needy
"We are tired of words, of betrayals, of indifference ...the years are gone when the farm worker said
nothing and did nothing to help himself...Now we have new faith. Through our strong will, our
movement is changing these conditions...We shall be heard."
14. Determination
"We draw our strength from the very despair in which we have been forced to live. We shall endure."
15. Non-Violence
"Non-violence is not inaction. It is not discussion. It is not for the timid or weak ... Non-violence is hard
work. It is the willingness to sacrifice. It is the patience to win."
16.Acceptance
"We need to help students and parents cherish and preserve the ethnic and cultural diversity that
nourishes and strengthens ... this nation."
17. Respect for Life and the Environment
"However important the struggle is and however much misery and poverty and degradation exists we
know that it cannot be more important than one human life."
18. Community
"We cannot seek achievement for ourselves and forget about progress and prosperity for our community
... Our ambitions_must be broad enough to include the aspirations and needs of others, for their sakes
and for our own."
19. Knowledge
"Students must have initiative; they should not be mere imitators. They must learn to think and act for
themselves and be free."
20. Innovation
"A lasting organization is one in which people will continue to build, develop and move when you are not
there."
2
V Z
w
I
TO: Patrick J. [Norris, Mayor
All Council Members
FRONT: Douglas H. Calkins.
Sr. Assistant City Attorney
DATE: .lanuary 19, 2007
RE: Council Meeting January 22, 2007 - Proposed agreement NN'ith KeBOO11 for
Playground Equipment. No. 28 on the Agenda.
CC James F. Pcnman, City Attorney; Fred Wilson, City Manager.
The above-referenced item has been delayed due to extended negotiations regarding the terms
and conditions in the Agreement presented to the City for its consideration. A copy of those items
is attached for your information and convenience.
The pUrveyor had agreed to get back to this office by 3:00 p.m. on Friday, but has failed to
do so. We made a numerous attempts to contact them, but to no avail. We will contact the purveyor
early Monday morning.
If you have questions, please contact the above at 5355.
DHC/DHC/Memo Mayor Measure I Conflicts Script
7 �
t V7
TO: .lerrilyn Black, KaBOON1!
FROM: Dou-las H. Calkins, Senior Assistant City Attorney
DATE: January 19, 2007
RE: Contractual Agreement Between the City of San Bernardino and KaBOON1!
Pursuant to our conversation of this date, please find the modifications to the KABOOM!
Contract.
1.5.2.
After the words ". . . Funding Partner for . . ."
"reasonable costs associated with the cancellation of this Agreement. Such costs inay
include equipment and/or materials which has been damaged or otherwise changed
by City so that it may not be reused at another project,or labor directly related to the
actual construction of the project."
1.12
After the word "the" and before the word "lifetime," insert the word "reasonable."
1.15
.After the word "signa-e" and before the word "such" add "provided by KaBOOM! and approved by
Citv." y
2.2
After"inaction or negligence"add"except where there is a reasonable basis to claim that such action,
inaction or negligence was caused by or contributed to by KaBOOM!."
DHCSs[Misc('orrespond;;nce\Kaioobl'.1iemI
After the word "completed" add"except where such injury,property damage or death was caused by
or contributed to by KaBOOM!."
4.2
Add another paragraph.
"it is aureed that KaBOON11 and/or the Funding Partner and their respective officers,
directors, employees, and agents, shall indemnify,defend, and hold harmless the City
of San Bernardino, its elected officials, officers, employees and volunteers from any
and all claims, costs, expenses, including reasonable attorney's fees, or other actions
associated with the play ground project, including claims for personal injury, death,
or property damages resulting from the construction and use of the play ground
property and equipment which is the subject of this Agreement, except to the extent
resulting from the comparative negligence of the City of San Bernardino, its elected
officials, officers, employees and volunteers."
4.3.3
Delete last sentence. Paragraph 4.2 addresses the City's liability.
6_3.
This Agreement shall be governed by the laws of the State of California, without reference to its
conflict of laNv provisions, and shall govern the interpretation and/or legal effect hereunder and shall
have jurisdiction over any dispute (including arbitration or mediation, if agreed to by the parties)
arising out of, or under the terms of this Agreement.
Add Paragraph
"Venue"
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the courts of the State of Cali forma located in the City
of San Bernardino, or the U.S. District Court for the Central District, Riverside Division. The
aforementioned choice of venue is intended by the parties shall be mandatory and not permissive in
nature.
Add Paragraph
"Business License"
KaBOONP and the BLISinesS Partner shall be in possession of, or obtain, and maintain a business
01W,is JNI; c Correspondence`Ka[3OOM!.NIemI
registration certificate pursuant to Chapters ofthe San Bernard II10 Municipal Code at all times during
the term of tills Agreement.
.add Paragraph
":ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with tills .Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses, including
reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or
remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The
costs,salary and expenses of the City Attorney and members of his office in enforcin_this Agreement
on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph."
If you have any questions, please telephone me at (909) 384-5355.
Douglas H. Calkins
Senior Assistant City Attorney
Dfi('js 1Muc Correspondence`kat3o(?M:'.Mem)
CIT1' OF SAN BERNARDINO -- REQUEST FOR COUNCIL ACTION
From: KerrA Morlord, Interim Director SUBJECT: RESOLUTION OF THE
MAYOR AND COMMON COUNCIL
Dept: Parrs, Recreation & Community AUTHORIZING THE IMAYOR TO
Services Department APPROVE A CONTRACTUAL
AGREEMENT BET%VEEN THE CITY OF
Date: January 18, 2007 SAN BERNARDFNO AND KABOOM!
FOR SERVICES TO PURCHASE, PLAN,
DESIGN AND CONSTRUCT A
CO3%1%IU'NITY-BUILD PLAYGROUND
LOCATED AT TOM MINOR PARK.
M/CC Meeting Date: JANUARY 22, 2007
Synopsis of Previous Council Action:
Januan, 16, 2007— Presented to and approved by the Grants Ad Hoc committee.
Recommended Motion:
Adopt Resolution
. OY'
Signature
Contact person: Dan Ustation Phone: 384-5031
Supporting data attached: Staff Report, Resolution & Agreement Ward: 5
FUNDING REQUIREMENTS: Amount: $50,000 in grant revenue
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No.
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTiO
® Staff Report
Subject:
Resolution of the Mayor and Common Council authorizing the (Mayor to approve a Contractual Agreement
hetweel] the City- of- San Bernardino and KaB00.I! for services to purchase, plan. design and construct a
community-build playground located at Tom Minor Park.
Background:
The department is.proposing approval of an agreement with KaBOOM! for services to purchase, plan, design
and construct a con;murity-build playground located at Tom :Minor Park. The installation date of this
playground equipment would be March 31, 2007. The total value of equipment and labor provided by
KaBOOMI is $57,500. KaBOOM will fund $50,000 and the City's required cash match contribution is $7,500.
This is a competitive application process and we have not been awarded this grant funding to date. Once the
funding is awarded to a community partner the design, planning and installation process moves very quickly.
Thus. KaBOO,%I! requires that we submit the contract to council for language approval during the application
process.
The "Tom Minor Park site was chosen for this grant opportunity because this is one of the newest. Parks in our
City and currently has no playground equipment or amenities' are no other parks in this area that are
easily accessible for children and families. Given this playground is located adjacent to a single-family home
neighborhood, playground equipment would provide an area for children to play within a safe walking distance
from their homes. "This playground will help keep kids active, playing outdoors and promote healthy lifestyles.
In addition, it xvill help create a meeting area for parents and families.
look
The City is responsible to provide a utility check, soils test and site preparation
• two weeks prior to Build Day.
In addition. the City would be required to recruit 10 to 20 parents and 15-30 children to design the playground,
12-15 parents for the planning committee and 150-200 volunteers to participate in the Build Day. On Build
Day. the City will be required to supply electricity, a dumpster, water, food, and restroom facilities at the
installation location.
The equipment provided is by Playworld Systems and uses engineered wood fiber for safety surfacing.
Playworld Nvill provide a Certified Playground Safety Inspector (CPSI) on the day of installation to review the
playground structure to ensure that it is safe and built to all appropriate standards and g
certified. uidelines. In addition,
the KaBOOM! project manager on site will be National Institute of Playground Safety Inspectors (NIPSI)
This installation is in coil.iunction with a Cesar Chavez Day celebration. KaBOO.M! requires that a 3 foot by 1
foot permanent sign be erected at the playground outlining the values of Cesar Chavez. Exhibit ' B'' contains
those values.
Financial Impact:
$50,000 in grant revenue and a cash match requirement of$7,500. We estimate an additional $7,500 in costs to
grade the site and provide, electricity, a dumpster, water, food, and restroom facilities. If and when we are
chosen for the funding opportunity by KaBOOM!, an existing Prop 40 State Grant Program Parks Construction
account will be identified as a funding source for our match requirement and additional costs.
811ec'bmmendation:
Adopt Resolution.
1
2 RESOLUTION NO.
3 RESOLUTION OF THE MAYOR AND CONI;AION COUNCIL AUTHORIZING
THE MAYOR TO APPROVE A CONTRACTUAL AGREEMENT BETWEEN THE
4 CITY OF SAN BERNARDINO AND KABOONI! FOR SERVICES TO PURCHASE,
PLAN, DESIGN AND CONSTRUCT A COMMUNITY-BUILD PLAYGROUND
5 LOCATED AT TOI MINOR PARK.
6 BE IT RESOLVED BY THE MAYOR AND COIMIION COUNCIL OF THE
7 CITY OF SAN BERiNARDINO AS FOLLON S:
$ SECTION 1. The Mayor of the City of San Bernardino or his designee is hereby authorized to
9 execute an agreement with KaBOOM! for services to plan, desi-n and construct a community-
10 build playground located at Tom Minor Park, a copy of which is attached hereto, marked
11
Exhibit "A" and incorporated herein by reference as fully as though set forth at len!th.
12
13 SECTION 2. The authorization granted hereunder shall expire and be void and of no
14 further effect if the agreement is not executed by both parties and returned to the office of the
15 City Clerk within one Hundred twenty (120) days following the effective date of the resolution.
16
17
18
19
20
21 fir'
22
23
24
25
26
27
28
J1
i
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE IAl'OR TO APPROVE A CONTRACTUAL AGREEMENT NT BETWEEN THE
-�' CITY OF SAN BERNARDINO AND KABOOM! FOR SERVICES TO PURCHASE,
PLAN, DESIGN AND CONSTRICT A CO,I.MUNITY-BUILD PLAYGROUND �
LOCATED AT TOI MINOR PARK.
I 1 HEREBY CERTIFY that the tm-eLT0�inLT
- Resolution 1\as dull adopted by the I4ayor
l and Common Council of the Cite of San d
n Bernardino at a
' I ` Meet
thereof held
I ,
1+ oil the day of ?007. b\ the folio\\ing vote. to it:
Ii
Council Nlembers: AYES NAYS .-CBS-FA11 ABSEN-F
r,I
l -STR_ADA
f•
w
BAXI-ER
I� -
BRINKER
j DERRY" ---
KELLEY
JOIJNSON
s+�l� IMC C.AMMACK
I.
! Rachel G. Clark. City Clerk
3 ' Cite of San Bernardino
j The fore�izoing resolution is hereby appro\ed this day of
f 2007.
Patrick .f. Morris. Nlavor
Cite of San Bernardino I
Approved as to Form:
2_ !i
26
1 I ,James F. Penman. C its' AttorneN
91% I
I
1
2 RESOLUTION NO.
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL AJLTIIORIZING
THE :MAYOR TO APPROVE A CONTRACTUAL AGREEMENT BETWEEN THE
4 CITY OF Safi BERNARDINO AND KABOONI! FOR SERA"ICES TO PURCHASE,
PLAN, DESIGN AND CONSTRUCT A COMMUNITY-BUILD PLAYGROUND
5 LOCATED AT TOM :MINOR PARK.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL. OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The Mayor of the City of San Bernardino or his designee is hereby authorized to
9 execute an agreement with KaBOOM! for services to plan, design and construct a community-
10 build playground located at Tom Minor Park, a copy of which is attached hereto, marked
11
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
12
13 SECTION' 1. The authorization granted hereunder shall expire and be void and of no
14
further effect if the agreement is not executed by both parties and returned to the office of the
15 City Clerk within one hundred twenty (120) days following the effective date of the resolution.
16
17
18
19
20
21
22
23
24
25
26
27
28
1 RESOLUTION OF _ MAYOR AND COMMON COUNCIL AUTHORIZING
THE MAYOR TO .APPROVE A CONTRACTI'.AL AGREE'Nit NT BETWEEN THE
! CITY OF SAN BERNARDINO AND KABOOM! FOR SERVICES TO PURCHASE,
PLAN, DESIGN AND CONSTRUCT A COMMUNITY-BUILD PLAYGROUND �
41I LOCATED AT TOM MINOR PARE.
1
a! 1 I�EREBY CER'1-IFY that the tOre_Toin�� i
� Resolution ��a� dul�� adopted b� the Mayor
jand Common Council of the Cite of San Bernardino at a
:I electing thereof. held
i ,
oil the day of
ti 2007, b\ the follo%\ing vote. to
_
Council Members: .AYES NAYS ABS-1-AIN .ABSENT
+ ESTR-ADA
�fJfl -
BRINKER
DERRY" -- -
;i
' KELLEY"
6`; I
G j NIC C YMMACK
Rachel G. Clark. Cite Clerk
=' Cite of San Bernardino
i -
I'lie fore`�oin resolution is hereby appro%ed this clav of
?007.
i
Patrick .f. Morris—Mayor
Cite of San Bernardino
i Approved as to Form:
-11 i
James F. Penman. Cite Attorney
s
I
Exhibit "A"
2007 TEMPLATE
KaBOOMI
process LETTER OF
AGREEMENT
During the application
requests decision makers within your organization review the terms of this agreement—and notify us
of any questions or concerns. If you have •
adjustments perceived as minor, please bring these
requests Services Coordinator.
We do not require you to sign this document until project is confirmed. When a site is
approved, KaBOOM! will send you a final contract with all of the yellow highlighted text
replaced by project.
THIS KaBOOM! COMMUNITY PARTNER AGREEMENT is made this 22nd day of January, 2007 by and between
KaBCCM!and The City of San Bernardino.
RECITALS
l^iHEREAS KaBOCMi is a non-profit organization,chartered it the District of Columbia and organized as a 501(c)3
by determination of the Internal Revenue Seniice;
WHEREAS KaB0,3t.1! 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 The City of San Bernardino is entering into a written agreement with KaBOOPA! for services to plan,
design and construct a community-build playground("Program");
WHEREAS KaBOOM!has received charitable support from NAME OF FUNDING PrRT;NER ("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 cc.venants and conditions tmereinafter expressed, and other
good and valuable consideration, the receipt and sufficiency o which are hereby"acknowledged, the panes hereto covenant
and agree as follows:
AGREEMENTS
I. OBLIGATIONS OF THE CITY OF SAN BERNARDINO
www.kadoam.orq _; T
Wcrtd
Exhibit ''A"
1 1 The City of San Bernardino agrees to be the Community Partner organization("Community Partner')for the Name
of Funding Partner playground project at Irvington and Palm Ave.into section.
1.2. The City of San Bernardino agrees to be responsive to the discreet timeline developed for the Program,inclusive
of providing approval of,action toward or direction to,specific responsibilities and initiatives of KaB00M!on behalf
of this Program.
1.3. Asa Community Partner for a KaB00M!community-build playground project,The City of San Bernardino will
work with KaB00M!, Name of Funding Partner,and community residents to design,plan and build a community
playground. All parties will work closely together to ensure a successful,productive,and fun event.
1.3.1. The Community Partner agrees to host a Ka BOOM!-facilitated Design Day with at least 10 adults and 20
children. The adults will remain engaged in planning activities throughout the Design Day to Build Day
planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 10-15 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 150-200 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 worming 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,The City of San Bernardino is responsible for contributing$7,500 to the playground
project.
14.1. All funds will be applied directly toward purchasing playground equipment.
1.4.2. Upon receipt of this signed agreement, KaB00M!will invoice The City of San Bernardino for the full
amount of this contribution,and it will be due at least 30 days before the Build Day Saturday, March 31,
2007.
1.4.3. If The City of San Bernardino does not make payment as outlined in Section 1.4.2,KaB00M!reserves the
right,without waiving any other rights and remedies,to cancel the build.
1.4.3.1. In the event of the Build Day's cancellation due to non-payment by the Community Partner as
outlined in Section 1.4.2,at.KaB00M!'s written request,without waiving any other rights and
remedies,The City of San Bernardino shall be deemed liable for damages to KaB00M!and
Funding Partner for any un-cancelable contractual commitments entered into prior to cancellation,
any equipment costs,labor and materials,and any additional expenses related to the Program,
such as airfare and general supplies.
1.4.4. The Community Partner has the right to back-up documentation detailing the use of its contribution to the
project. Upon request, KaB00M!will provide back-up documentation for The City of San Bernardino within
120 days after the Build Day.
1.5. The Build Day must occur in calendar year Saturday,March 31,2007.
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.
2
www.kaboom.org The Power to change a chiid'S world
Exhibit"A"
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.
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.
1.51 In the event that the Build Date is cancelled or changed solely by The City of San Bernardino,The City of
San Bernardino 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.
15 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. The City of San Bernardino shall attach documentation to this Agreement showing proof of land ownership
evidenced by a deed granting title of the property to The City of San Bernardino 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),The City of San Bernardino will maintain the property before and after the
build to ensure a safe and attractive play area.
1.7. The City of San Bernardino shall collaborate with KaBOOM!during the planning of this Project to develop a
maintenance program for the playground that will be implemented by The City of San Bernardino upon completion
of the playground installation.
1.8. The City of San Bernardino is self-insured and The City of San Bernardino is responsible for providing coverage
for its own employees and for any accidents arising out of the equipment.
1.9 The City of San Bernardino 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. The City of San Bernardino 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. The City of San Bernardino is responsible for ensuring the playground site is safe for volunteers and children.
1.11.1. The City of San Bernardino is responsible for conducting up to two utility site checks as reasonably
3
'lqa a ChNd's World
www.kaboom.orq 3ttr Paver t:Cna
Exhibit "A•'
requested by KaBOOM!with the appropriate utility companies between two and eight weeks prior to the
Build Day. Documentation of the utility checks must be provided to the KaBOOM!Project Manager upon
completion.
1.11.2. The City of San Bernardino is responsible for conducting up to two soil site tests as reasonably requested
by KaBOOM!between two and ten weeks prior to the Build Day.Documentation of the soil checks must be
provided to the KaBOOM!Project Manager upon completion. The City of San Bernardino is responsible for
undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers.
1.12. The City of San Bernardino 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.
113. The City of San Bernardino is solely responsible for any additional costs beyond the proposed playground project
budget. KaBOOM!is not responsible for paying any vendors for any prior site preparation,upgrades or
improvements not agreed upon with KaBOOM!. If Community Partner decides to purchase additional equipment
or materials to supplement materials secured by KaBOOM!,then the Community Partner is solely responsible for
paying for the materials and all other liabilities related to such materials. Neither KaBOOM!nor its Funding
Partner(s)shall be liable for payment. Community Partner will hold KaBOOM!and the Funding Partner harmless
of any payments or liability with respect to the additional items ordered.
1.14. The City of San Bernardino 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. The City of San
Bernardino 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. The City of San Bernardino 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 The City of San Bernardino's application
process. Playground signage is 12'/<inches wide by 30'A inches tall and mounted on poles designed to match
the playground components in color and design. 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. The City of San Bernardino 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.
2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee.
www.kaboom.orq i`:e Power to chan,e a chiiots World
Exhibit ''A°
2.1.4. Lead the Build Day activities,including the coordination of Build Day captains and volunteers.
2.1.5. Provide educational and promotional materials to support the playground project,including the KaB00M!
Tool Kit of publications(4-book set),KaBOOMI online Playground Planner,
supplies. nametags and other general
2.1.6 Provide for and coordinate the participation of the Funding Partner, Name of Funding Partner,which has
committed to provide KaB00M!with financial,human and'or in-kind resources to bring to fruition the
Playground project with The City of San Bernardino.
2.2. KaB00M!(in collaboration with The City of San Bernardino),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. The City of San Bernardino acknowledges that neither KaB00M!or Funding Partner nor their
respective officers,directors,employees,or agents have made or are in any way responsible or liable for action,
inaction or negligence of the CPSI and The City of San Bemardino agrees to look solely to the CPSI for any such
liability,costs or expenses which arise out of the CPSI's action,inaction or negligence.
2.2.1. The CPSI review will occur at the conclusion of the Build Day or,if KaB00M!assumes responsibility for
the playground construction going beyond one day,at the conclusion of the installation.
2.2.2. In accordance with Section 4, The City of San Bemardino shall be solely responsible for any injury,
property damage,or death which occurs in connection with the playground after review of the playground is
completed.
2.2.3. In accordance with Section 4,in the event that the Build Day is delayed or not completed on the scheduled
day due to failure of The City of San Bemardino to meet the terms of this Agreement,then The City of San
Bemardino will be responsible for securing a CPSI to review the playground.
3. FUNDING PARTNER RELATIONS
3.1. KaB00M!has a separate agreement with a KaB0OM!Funding Partner,NAME OF FUNDING PARTNER
("Funding Partner"),whose contributions to KaB00M!are helping to make this Project possible.
3.2. The Community Partner shall not solicit sponsors or donors whose products or services direct) com
products or services of the Funding Partner. Y pete with the
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 KaB00M!shall consider recognition on a case-by-case basis.
4. OWNERSHIP AND LIABILITY
4.1. The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground,including
the equipment and.!or safety surfacing purchased by KaBOOM!and/or its Funding Partner(s).
5
www.kaboom.orq ,^e
F'-'We'to whz;z e a C'!Nd's L5'o.•!d
Exhibit "A"
4.2. It is agreed that The City of San Bernardino will indemnify and hold harmless KaB00M!and/or the Funding
Partner and their respective officers,directors,employees,or agents is from any and
all claims,tests,expenses
(including attorney's fees and disbursements)or actions associated with this playground project from any claim or
action,including but not limited to claims and actions for personal injury,death,or property damages resulting from
the use of any playground property and equipment,except to the extent resulting from any willful misconduct of
KaB00M!and/or the KaB00M! 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 representative/installer will certify that the playground was installed to
manufacturer's specifications at the end of the Build Day.
4.3.1. Notwithstanding the foregoing, The City of San Bernardino shall be solely responsible for the playground
and its equipment upon certification of the playground.
4.3.2. The City of San Bernardino shall be responsible for securing safety measures of the playground to prevent
injury, death or property damages in the unlikely event t that the playground is not completely constructed,
and all equipment fully installed,at the conclusion of the Build Day and once KaB00M!and/or the CPSI
leave the playground site.
4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all
equipment fully installed at the conclusion of the Build Day,The City of San Bernardino shall be responsible
for completing the installation of the playground in accordance with the specified guidelines with the
assistance of the CPSI and/or the manufacturers representatives,facilitated by KaB00M!. The City of
San Bernardino shall be solely responsible for any injuries,death,or property damage that arises out of
The City of San Bernardino's completion of such installation.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of The City of San
Bernardino. 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 KaB00M!project manager,a play equipment maintenance kit from Playwodd
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,The City of San Bernardino
acknowledges that neither KaB00M!or Funding Partner nor their respective officers,directors,employees or
agents,have made nor are in any manner responsible or liable for any warranty,representation,or guarantee,
express or implied,in fact or in law, relative to any equipment or material,including but not limited to its quality,
mechanical condition or fitness for a particular purpose. Any warranties and/or guarantees on any equipment or
material are subject to the respective manufacturer's terms therefore,and The City of San Bernardino 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:
i
6 �
www.kaboom.org T„e Pawar to C",a,r q.e a Crwc's worid
Exhibit ''A" ,
To Helen Zimmerman,Manager Contracts&Risk Management
KaB00M!
4455 Connecticut Ave.,NIX Suite 8100
Washington,DC 20008 USA
202-659-0215
Copy To: TiffineyCamey,Client Services Coordinator
(use same KaBOGM!address above)
To Corporation: THE MAYOR OF THE CITY OF SAN BERNARDINO
THE CITY OF SAN BERNARDINO
300 N. D St.
San Bernardino,CA 92418
(909)384-5133
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 an
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.
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, not,act of terrorism, war,delay of
transportation,or inability due to the aforementioned causes to obtain necessary labor,materials or facilities.
Either party, however, may terminate this Agreement if the other is unable to perform any obligation under the
Agreement for a period longer than ten(10)calendar days due to such a force majeure event. In the event of any
such termination, KaB00M!shall refund to the Community Partner any monies paid to KaB00M!,less expenses
7
www.kaboom.orq The 'o c:'to 4.ha ,e ChJd', World
Exhibit "A"
already committed to and/or incurred prior to the date of termination. If, upon termination as provided herein,the
sum due KaB00M!by Community Partner,exceeds the sum paid to KaB00M!hereunder.Community Partner
agrees to pay KaB00M!for any such additional sum due upon presentation of appropriate documentation within
30 days of invoice.
6.9. Waiver. A waiver by either party of a breach or failure to perform shall not constitute a waiver of any subsequent
breach or failure.
www.kaboom.org The Power to Change a CrJic"s Worid
Exhibit "A"
IN WITNESS WHEREOF,this Agreement has been executed by the parties as of the day nd first Y year above written.
By signing this Agreement, The City of San Bernardino 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 worming with The City of San Bernardino to make this playground a
reality.
Date Terms agreed to: Date Terms agreed to:
By: By:
Patrick J. Morris Bruce Bowman
Mayor Chief Operating Officer
Authorized Signature for The City of San Bernardino Phone number: (202)464-6061
Phone Number: (909)384-5133 Fax number: (202) 659-0210
Fax Number: (909)384-5067 Email address: bbowman @ka boom,orq
Email Address: morris_pa @sbcity.org
The City of San Bernardino KaBOOM!
300 N. D St. 4455 Connecticut Ave,NW Suite 8100
San Bernardino, CA 92418 Washington, DC 20008
Contact information for the person who should receive KaBOOM! invoices:
Name: Walter Nelson Telephone Number: (909) 384-5132
Mailing Address: 547 N. Sierra Way, San Bernardino, CA Fax Number: (909) 384-5160
92410-4816
Email Address: nelson wa sbcit .or
Attachments: Welcome Packet
Playwortd Systems Inc. Playground Equipment Warranty(sample)
Copy. Brian Crowley,Interim Vice President of Administrative Services
Name of Funding Partner Contact
KaBOOM!Project Archives
9
www.kaboom.org The rower t�Lhsv n~e a ` � i
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Exhibit
G�pv E 2 �O
G
4W Z
CESAR E. CHAVEZ' CORE VALUES
0
ME11-WIME A 114.1
J 2
i. Service to Others — Service that is predicated on empowering others; engendering self-help,
self-determination, and self-sufficiency versus charity.
Sacrifice — Sacrifice that is spiritual, that is courageous and steadfast in its willingness ne
ss to
endure great hardship 9 for others.
P
A Preference to Help the Most Needy —A concerted effort to support programs that reach
the most needy, the most dispossessed, the most forgotten people in society no matter how
difficult the challenge that choice may bring.
4. Determination — Determination that is characterized by an attitude that with faith, steadfast
commitment, patience, and optimism, human beings can prevail against all odds.
5. Non-Violence — Invoking non-violence as the most powerful tool for achieving
social/economic justice and equality; action that requires boldness and courage versus
meekness and passivity.
Acceptance of all People —An essential ingredient for success in organizing diverse forces
to achieve social change, create community, and actualize democracy is the acceptance of all
people; an absolutely indispensable necessity to the well-being of this country.
7 Respect for Life and the Environment— Respect that holds as sacred the land, the people,
and all other forms of life.
8. Celebrating Community - Sharing the joyous and respectful expression of cultural diversity
through the reinforcement of the values of equity and responsibility to and for one another.
9. Knowledge - The pursuit of self-directed learning and the development of critical thinking and
constructive problem solving skills; overcoming ignorance through education.
10 Innovation —A creative capacity to find pragmatic strategies and tactics to resolve problems
and situations that often seen insurmountable to others.
1
Exhibit
Cesar E. Chavez Quotes
11. Service to Others
When we are really honest with ourselves we must admit that our lives are all that really belong to us.
So, it is how we use our lives, that determines what kind of[people]we are It is my deepest belief that
only by giving our lives do we find life."
12. Sacrifice
I am convinced that the truest act of courage, the strongest act of manliness, is to sacrifice ourselves
for others in a totally non-violent struggle for justice. To be [human] is to suffer for others. God help us
to be human."
13. A Preference to Help the Most Needy
"We are tired of words, of betrayals, of indifference ...the years are gone when the farm worker said
nothing and did nothing to help himself...Now we have new faith. Through our strong will, our
movement is changing these conditions...We shall be heard."
14. Determination
We draw our strength from the very despair in which we have been forced to live. We shall endure."
15. Non-Violence
"Non-violence is not inaction. It is not discussion. It is not for the timid or weak ... Non-violence is hard
work. It is the willingness to sacrifice. It is the patience to win."
16. Acceptance
"We need to help students and parents cherish and preserve the ethnic and cultural diversity that
nourishes and strengthens ... this nation."
17. Respect for Life and the Environment
° "However important the struggle is and however much misery and poverty and degradation exists we
know that it cannot be more important than one human life."
18. Community
"We cannot seek achievement for ourselves and forget about progress and prosperity for our community
... Our ambitions must be broad enough to include the aspirations and needs of others, for their sakes
and for our own."
19. Knowledge
"Students must have initiative; they should not be mere imitators They must learn to think and act for
themselves and be free."
20. Innovation
"A lasting organization is one in which people will continue to build, develop and move when you are not
there."
Exhibit ''A"
2007 TEMPLATE:
KaBOOMI
process LETTER OF
AGREEMENT
During the application
decision makers within your
organization
of any questions or concerns. If you have requests for revisions of any kind, even
adjustments perceived as minor, please bring these
requests
document Services Coordinator.
We do not require You to sign this
approved, KaBOOM! will . you a final contract
replaced by project.
THIS KaB00h1! COMMUNITY PARTNER AGREEMENT is made th;s 22nd day of January, 2007 by and between
KaBOOM!and The City of San Bernardino.
RECITALS
^fHEREAS KaB00M!is a non-profit organization;chartered in the District of Columbia and organized as a 501(c)3
by determination of the Intemal Revenue Service:
WHEREAS KaB00I'rI! is an organization that develops, m.nagez and co;;d,;at a community-building
playground for its Community and Funding partners,culminatng in a one-day installation even!known as a"Build Day';
WHEREAS The City of San Bernardino is entering into a written agreement with KaBOOP,1! for services to plan,
design and construct a community-build playground("Progra ');
WHEREAS KaBO0Pv1!has received charitable support from NAME OF FUNDING T
for this Program and has entered into a separate agreement with the Funding Partner, the result of Iwhhi h("Funding
re financial and
human resources for this Program.
NOW THEREFORE, in consideration of the mutual covenants and conditions t;ereinafter expressed, and other
good and valuable consideration,the receipt and sufficiency of which arerereby acknowledgcd, the parties hereto covenant
and agree as follows;
AGREEMENTS
1. OBL1G1"J!O"JS OF THE CITY OF SAN BERNARDINO
1
wevw.kaeocm.orq
Exhibit"A"
1 1. The City of San Bernardino agrees to be the Community Partner organization("Community Partne()for the Name
of Funding Partner playground project at Irvington and Palm Ave.intersection.
12. The City of San Bernardino agrees to be responsive to the discreet timeline developed for the Program,inclusive
i of providing approval of,action toward or direction to,specific responsibilities and initiatives of KaB00M!on behalf
of this Program.
1.3. Asa Community Partner for a KaB00M!community-build playground project,The City of San Bernardino will
work with KaB00M!,Name of Funding Partner,and community residents to design,plan and build a community
playground. All parties will worm closely together to ensure a successful,productive, and fun event.
1.3.1. The Community Partner agrees to host a Ka BOOM!-facilitated Design Day with at least 10 adults and 20
children. The adults will remain engaged in planning activities throughout the Design Day to Build Day
planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 10-15 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 150-200 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,The City of San Bernardino is responsible for contributing$7,500 to the playground
project.
1.4.1. All funds will be applied directly toward purchasing playground equipment.
1.4.2. Upon receipt of this signed agreement, KaB00M!will invoice The City of San Bernardino for the full
amount of this contribution, and it will be due at least 30 days before the Build Day Saturday, March 31,
2007.
1.4.3, If The City of San Bernardino does not make payment as outlined in Section 1.4.2,KaB00M!reserves the
right,without waiving any other rights and remedies,to cancel the build.
1.4.3.1. In the event of the Build Day's cancellation due to non-payment by the Community Partner as
outlined in Section 1.4.2,at.KaB00M!'s written request,without waiving any other rights and
remedies,The City of San Bernardino shall be deemed liable for damages to KaB00M!and
Funding Partner for any un-cancelable contractual commitments entered into prior to cancellation,
any equipment costs,labor and materials,and any additional expenses related to the Program,
such as airfare and general supplies.
1.4.4. The Community Partner has the right to back-up documentation detailing the use of its contribution to the
project. Upon request, KaB00M!will provide back-up documentation for The City of San Bernardino within
120 days after the Build Day.
1.5. The Build Day must occur in calendar year Saturday,March 31, 2007.
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.
2 �
www.kaboom.orq The Pawa,-to Chan;e a Child's World
Exhibit"A"
i
i
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.
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 The City of San Bernardino, The City of
San Bernardino 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.
15 3.2. The MOU shall identify the next-earliest possible date for the Build Day,based on the availability of
open dates on the KaBOOMI 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. The City of San Bernardino shall attach documentation to this Agreement showing proof of land ownership
evidenced by a deed granting title of the property to The City of San Bernardino 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),The City of San Bernardino will maintain the property before and after the
build to ensure a safe and attractive play area.
1.7. The City of San Bernardino shall collaborate with KaBOOM!during the planning of this Project to develop a
maintenance program for the playground that will be implemented by The City of San Bernardino upon completion
of the playground installation.
1.8. The City of San Bernardino is self-insured and The City of San Bernardino is responsible for providing coverage
for its own employees and for any accidents arising out of the equipment.
1.9. The City of San Bernardino 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. The City of San Bernardino 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. The City of San Bernardino is responsible for ensuring the playground site is safe for volunteers and children.
1.11.1. The City of San Bernardino is responsible for conducting up to two utility site checks as reasonably
www.kaboom.org The Pa;vrr t:Change a ChNc*s world
Exhibit "A"
requested by KaBOOM!with the appropriate utility companies between two and eight weeks prior to the
Build Day. Documentation of the utility checks must be provided to the KaBOOM!Project Manager upon
completion.
1.11.2. The City of San Bernardino is responsible for conducting up to two soil site tests as reasonably requested
by KaBOOM!between two and ten weeks prior to the Build Day.Documentation of the soil checks must be
provided to the KaBOOM!Project Manager upon completion. The City of San Bernardino is responsible for
undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers.
1.12. The City of San Bernardino 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. The City of San Bernardino is solely responsible for any additional costs beyond the proposed playground project
budget. KaBOOM!is not responsible for paying any vendors for any prior site preparation,upgrades or
improvements not agreed upon with KaBOOM!. If Community Partner decides to
purchase additional equipment
or materials to supplement materials secured by KaBOOM!,then the Community Partner is solely responsible for
paying for the materials and all other liabilities related to such materials. Neither KaBOOM!nor its Funding
Partner(s)shall be liable for payment. Community Partner will hold KaBOOM!and the Funding Partner harmless
of any payments or liability with respect to the additional items ordered.
1.14. The City of San Bernardino 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. The City of San
Bernardino 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. The City of San Bernardino 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 The City of San Bernardino's application
process. Playground signage is 12 Y<inches wide by 30'/a inches tall and mounted on poles designed to match
the playground components in color and design. 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. The City of San Bernardino 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.
2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee.
4
www.kaboom.orq T`;:Pourer to Cha.^.re a phi;;; ; eto-{;A
Exhibit "A"
2.1.4. Lead the Build Day activities,including the coordination of Build Day captains and volunteers.
2.1.5. Provide educational and promotional materials to support the playground project.. including the KaB00M!
Tool Kit of publications(4-book set), KaBOOM!online Playground Planner, nametags and other general
supplies.
21 6 Provide for and coordinate the participation of the Funding Partner, Name of Funding Partner,which has
committed to provide KaB00M!with financial, human and'or in-kind resources to bring to fruition the
playground project with The City of San Bemardino.
2.2. KaBOOM!(in collaboration with The City of San Bernardino),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. The City of San Bemardino acknowledges that neither KaB00M!or Funding Partner nor their
respective officers,directors,employees,or agents have made or are in any way responsible or liable for action,
inaction or negligence of the CPSI and The City of San Bemardino agrees to look solely to the CPSI for any such
liability,costs or expenses which arise out of the CPSI's action, inaction or negligence.
2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaB00M!assumes responsibility for
the playground construction going beyond one day,at the conclusion of the installation.
2.2.2. In accordance with Section 4, The City of San Bemardino 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.
Y9
P
2.2.3. In accordance with Section 4,in the event that the Build Day is delayed or complted on the schedul
day due to failure of The City of San Bernardino to meet the terms of this Agreement,tthen The City of Sand
Bemardino will be responsible for securing a CPSI to review the playground.
3. FUNDING PARTNER RELATIONS
3.1. KaB0OM!has a separate agreement with a KaB0OM!Funding Partner, NAME OF FUNDING PARTNER
(''Funding Partner"),whose contributions to KaB00M!are helping to make this Project possible.
3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the
products or services of the Funding Partner.
3.2.1. For the purposes of this Agreement,sponsors are defined as individuals, businesses or philanthropic
organizations that contribute funding or in-kind gifts to this Project in exchange for certain rights to promote
their affiliation with this Project to the general public, including but not limited to public name recognition via
this playground project's signs,T-shirts,media materials and public-address systems. Conversely,donors
are individuals or groups whose gifts to this Project require personal acknowledgement only, such as thank-
you letters.
3.3. In the event the Community Partner solicits other sponsors or donors,then those sponsors-and donors shalf 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 KaB0OM!shall consider recognition on a case-by-case basis.
4. OWNERSHIP AND LIABILITY
4.1. The Community Partner is the owner of the playground in its entirety,for the lifetime of the playground,including
the equipment and!or safety surfacing purchased by KaBOOM!and/or its Funding Partner(s).
5
www.kaboom.orq ,^e Po Ye t:Cha;-iqe a
Exhibit "A"
4.2. I;is agreed that'The City of San Bernardino will indemnify and hold harmless KaB00M!and/or the Funding
Partner and their respective officers,directors,employees,or agents from any and all clams,costs,expenses
(including attorney's fees and disbursements)or actions associated with this playground project from any claim or
action,including but not limited to claims and actions for personal injury,death,or property damages resulting from
the use of any playground property and equipment,except to the extent resulting from any willful misconduct of
KaB00M!and/or the KaB00M! 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 manufacturers representative/installer will certify that the playground was installed to
manufacturers specifications at the end of the Build Day.
4.3.1. Notwithstanding the foregoing, The City of San Bernardino shall be solely responsible for the playground
and its equipment upon certification of the playground.
4.3.2. The City of San Bernardino shall be responsible for securing safety measures of the playground to prevent
injury, death,or property damages in the unlikely event that the playground is not completely constructed,
and all equipment fully installed, at the conclusion of the Build Day and once KaB00M!and/or the CPSI
leave the playground site.
4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all
equipment fully installed at the conclusion of the Build Day,The City of San Bernardino shall be responsible
for completing the installation of the playground in accordance with the specified guidelines with the
assistance of the CPSI and/or the manufacturers representatives,facilitated by KaB00M!. The City of
San Bernardino shall be solely responsible for any injuries,death,or property damage that arises out of
The City of San Bernardino's completion of such installation.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of The City of San
Bernardino. Upon request,the playground-equipment and safety-surfacing manufacturer;will provide guidance
and materials,toward a maintenance plan for the playground.
4.4.1. The Community Partner will receive from Piayworid Systems Inc.,the provider of its playground
equipment,or via its KaB00M!project manager,a play equipment maintenance kit from Piayworid
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,The City of San Bemardino
acknowledges that neither KaB00M!or Funding Partner nor their respective officers,directors,employees or
agents,have made nor are in any manner responsible or liable for any warranty,representation,or guarantee,
express or implied,in fact or in law, relative to any equipment or material,including but not limited to its quality,
mechanical condition or fitness for a particular purpose. Any warranties and,/or guarantees on any equipment or
material are subject to the respective manufacturers terms therefore,and The City of San Bernardino 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:
6
www.kaboom.org T!a Pawer tc Channe a Chl!c's World '
Exhibit ''A"
To Helen Zimmerman, Manager Contracts&Risk Management
KaBOOM!
4455 Connecticut Ave.,MTV. Suite 6100
Washington,DC 20008 USA
202-659-0215
Copy To. Tiffney Carney, Client Services Coordinator
(use same KaBOCM!address above)
i
I To Corporation: THE MAYOR OF THE CITY OF SAN BERNARDINO
THE CITY OF SAN BERNARDINO
300 N. D St.
San Bernardino,CA 92418
(909)384-5133
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 oven the
interpretation and;'or 9
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 rescective 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 an
provision of this is A r
Bement or Y
any of
y p rt on 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 parry without the prior
written consent of the other party hereto.
6.8. Force Majeure. If either of the parties hereto is delayed or prevented from fulfilling any of its obligations under this
Agreement by Force Majeure,said party shall not be liable under this Agreement for said delay or failure."Force
Majeure"means any cause beyond the reasonable control of a party,including,but not limited to acts of God,acts
Of omission of civil or military authorities of a state or nation,fire,strike, flood, riot, act of terrorism, war,delay of
transportation,or inability due to the aforementioned causes to obtain necessary labor,materials or facilities.
Either party,however,may terminate this Agreement if the other is unable to perform any obligation under the
Agreement for a period longer than ten(10)calendar days due to such a force majeure event. In the event of any
such termination, KaB00M!shall refund to the Community Partner any monies paid to KaB00M!,less expenses
7
wN'w.kaboom.orq 75e ga a to Char,,,e 2 Chfd's world
Exhibit "A°
already committed to and/or incurred prior to the date of termination. If, upon termination as provided herein.the
sum due KaB00M!by Community Partner,exceeds the sum paid to KaB00M!hereunder.Community Partner
agrees to pay KaB00M!for any such additional sum due upon presentation of appropriate documentation within
39 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.
8
www.kaboom.org The Power to Chan4e a CrJid's World JJ
lr
Exhibit "A"
IN lN!TNESS WHEREOF, this Agreement has been executed by the part;es as of the day and year first above written.
By signing this Agreement. The City of San Bernardino fuliy acknowledges its consent and understanding of and
commitment to the terms and guidelines set forth above. Please sign both onginal versions of this letter and return them to
Ka5OOM!. We will then sign the originals, and mail one original and one copy back to you for your files.
KaBOOMI and Name of Funding Partner look forward to working with The City of San Bernardino to make this playground a
reality.
Date Terms agreed to: Date Terms agreed to:
By: By:
Patrick J. Morris Bruce Bowman
Mayor Chief Operating Officer
Authorized Signature for The City of San Bernardino Phone number: (202) 464-6061
Phone Number: (909) 384-5133 Fax number: (202) 659-0210
Fax Number: (909) 384-5067 Email address: bbowman aakaboom or
Email Address: morns_paCJr sbcity.org
The City of San Bernardino KaBOOM!
300 N. D St. 4455 Connecticut Ave, NW Suite B100
San Bernardino, CA 92418 Washington, DC 20008
Contact information for the person who should receive KaBOOM! invoices:
Name: Walter Nelson Telephone Number: (909) 384-5132
Mailing Address: 547 N. Sierra Way, San Bernardino, CA Fax Number: (909) 384-5160
92410-4816
Email Address: nelson wa sbcit .or
Attachments: Welcome Packet
Playworld Systems Inc. Playground Equipment Warranty(sample)
Copy: Brian Crowley, Interim Vice President of Administrative Services
Name of Funding Partner Contact
KaBOOM!Project Archives
www.kaboom.org T'i(, FO�VLr tc.
Ch�n;e a
Exhibit
GV\Pv E 2 ^O
G
� Z
N CESAR E. CHAVEZ' CORE VALUES
W p
J ?
Service to Others — Service that is predicated on empowering others, engendering self-help,
self-determination, and self-sufficiency versus charity.
Sacrifice — Sacrifice that is spiritual; that is courageous and steadfast in its willingness to
endure great hardship for others.
3 A Preference to Help the Most Needy —A concerted effort to support programs that reach
the most needy, the most dispossessed, the most forgotten people in society no matter how
difficult the challenge that choice may bring.
4 Determination — Determination that is characterized by an attitude that with faith, steadfast
commitment, patience, and optimism, human beings can prevail against all odds.
5 Non-Violence — Invoking non-violence as the most powerful tool for achieving
social/economic justice and equality; action that requires boldness and courage versus
meekness and passivity.
6 Acceptance of all People —An essential ingredient for success in organizing diverse forces
to achieve social change, create community, and actualize democracy is the acceptance of all
people, an absolutely indispensable necessity to the well-being of this country.
7 Respect for Life and the Environment— Respect that holds as sacred the land, the people,
and all other forms of life.
8. Celebrating Community - Sharing the joyous and respectful expression of cultural diversity
through the reinforcement of the values of equity and responsibility to and for one another.
9. Knowledge - The pursuit of self-directed learning and the development of critical thinking and
constructive problem solving skills, overcoming ignorance through education.
10. Innovation —A creative capacity to find pragmatic strategies and tactics to resolve problems
and situations that often seen insurmountable to others.
1
Exhibit "E3"
Cesar E. Chavez Quotes
11. Service to Others
When we are really honest with ourselves we must admit that our lives are all that really belong to us.
So, it is how we use our lives, that determines what kind of[people]we are. It is my deepest belief that
only by giving our lives do we find life."
12. Sacrifice
"I am convinced that the truest act of courage, the strongest act of manliness, is to sacrifice ourselves
for others in a totally non-violent struggle for justice. To be (human] is to suffer for others. God help us
to be human."
13. A Preference to Help the Most Needy
"We are tired of words: of betrayals, of indifference ...the years are gone when the farm worker said
nothing and did nothing to help himself...Now we have new faith. Through our strong will, our
movement is changing these conditions...We shall be heard."
14. Determination
We draw our strength from the very despair in which we have been forced to live We shall endure."
15. Non-Violence
"Non-violence is not inaction. It is not discussion. It is not for the timid or weak ... Non-violence is hard
work. It is the willingness to sacrifice. It is the patience to win."
16. Acceptance
"We need to help students and parents cherish and preserve the ethnic and cultural diversity that
nourishes and strengthens ... this nation."
17. Respect for Life and the Environment
"However important the struggle is and however much misery and poverty and degradation exists we
know that it cannot be more important than one human life."
18. Community
"We cannot seek achievement for ourselves and forget about progress and prosperity for our community
... Our ambitions must be broad enough to include the aspirations and needs of others, for their sakes
and for our own."
19. Knowledge
"Students must have initiative; they should not be mere imitators. They must learn to think and act for
themselves and be free."
20. Innovation
"A lasting organization is one in which people will continue to build, develop and move when you are not
there."
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
3 THE MAYOR TO APPROVE A CONTRACTUAL AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND KABOOMI FOR SERVICES TO PURCHASE,
4 PLAN, DESIGN AND CONSTRUCT A COMMUNITY-BUILD PLAYGROUND
LOCATED AT TOM MINOR PARK.
r �
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
fi CITY OF SAN BERNARDINO AS FOLLOWS:
i
SECTION 1. The Mayor of the City of San Bernardino or his designee is hereby authorized to
execute an agreement with KaB00M! for services to plan, design and construct a community-
ca I
build playground located at Tom Minor Park, a copy of which is attached hereto, marked
q I Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
`? granted hereunder shall expire and be void and of no
,� SECTION 2. The authorization g a p
1 i I further effect if the agreement is not executed by both parties and returned to the office of the
14 City Clerk within one hundred twenty (120) days following the effective date of the resolution.
i
Contractor/Consultant/Vendor warrants it possesses, or shall obtain, and maintain
I l
during the term of this Agreement a business registration certificate pursuant to Title 5 of the
City of San Bernardino Municipal Code, and any and all other licenses, permits, qualifications,
11y 1� insurance and approvals of whatever nature that are legally required of
I
20 contractor/consultant/vendor to practice its profession skill or business.
21
22
23 j
261
21
t"j
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL AUTHORIZING
THE MAYOR TO APPROVE A CONTRACTUAL AGREEMENT BETWEEN THE
2 CITY OF SAN BERNARDINO AND KABOOMI FOR SERVICES TO PURCHASE,
3 PLAN, DESIGN AND CONSTRUCT A COMMUNITY-BUILD PLAYGROUND
LOCATED AT TOM MINOR PARK.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
r,
p and Common Council of the City of San Bernardino at a meeting thereof, held
7 on the day of , 2007, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
91 ESTRADA
10 I BAXTER
11 BRINKER
12
DERRY
13
14 KELLEY
1 ij1 JOHNSON
MC CAMMACK
17.
1 tS Rachel G. Clark, City Clerk
City of San Bernardino
20 I The foregoing resolution is hereby approved this day of . 2007.
2; i
i
Patrick J. Morris, Mayor
23 City of San Bernardino
Approved as to Form:
241
25
26 James F. Penman, City Attorney
27
28
Exhibit "A"
2007 TEMPLATE:
KaBOOM! LETTER OF
process AGREEMENT
During the application
requests 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
Coordinator.Services
We do not require you to sign this document until a project is confirmed. When a site is
. :O• -. text
replaced by information specific to your project.
THIS KaB00M! COMMUNITY PARTNER AGREEMENT is made this 22nd day of January, 2007 by and between
KaB00M!and The City of San Bernardino.
RECITALS
WHEREAS KaB00M!is a non-profit organization chartered in the District of Columbia and organized as a 501(c)3
by determination of the Internal Revenue Service;
WHEREAS KaB00M! is an organization that develops, manages and coordinates a community-building
playground for its Community and Funding Partners,culminating in a one-day installation event known as a"Build Day";
WHEREAS The City of San Bernardino is entering into a written agreement with KaB00M! for services to plan,
design and construct a community-build playground("Program");
WHEREAS KaB00M! has received charitable support from NAME OF FUNDING PARTNER ("Funding Partner")
for this Program and has entered into a separate agreement with the Funding Partner, the result of which are financial and
human resources for this Program.
NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter expressed, and other
good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant
and agree as follows:
AGREEMENTS
1. OBLIGATIONS OF THE CITY OF SAN BERNARDINO
1
www.kaboom.orq The Power to Change a Child's World
Exhibit "A"
1.1. The City of San Bernardino agrees to be the Community Partner organization("Community Partner")for the Name
of Funding Partner playground project at Irvington and Palm Ave.intersection.
1.2. The City of San Bernardino 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. Asa Community Partner for a KaBOOM!community-build playground project,The City of San Bernardino will
work with KaBOOM!, Name of Funding Partner,and community residents to design,plan and build a community
playground. All parties will work closely together to ensure a successful,productive,and fun event.
1.3.1. The Community Partner agrees to host a KaBOOM!-facilitated Design Day with at least 10 adults and 20
children. The adults will remain engaged in planning activities throughout the Design Day to Build Day
planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 10-15 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 150-200 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,The City of San Bernardino is responsible for contributing$7,500 to the playground
project.
1.4.1. All funds will be applied directly toward purchasing playground equipment.
1.4.2. Upon receipt of this signed agreement,KaBOOM!will invoice The City of San Bernardino for the full
amount of this contribution,and it will be due at least 30 days before the Build Day Saturday, March 31,
2007.
1.4.3. If The City of San Bernardino 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,The City of San Bernardino 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 The City of San Bernardino within
120 days after the Build Day.
1.5. The Build Day must occur in calendar year Saturday,March 31,2007.
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.
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www.kaboom.org The Power to Change a Child's World
Exhibit "A"
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.
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 The City of San Bernardino,The City of
San Bernardino 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. The City of San Bernardino shall attach documentation to this Agreement showing proof of land ownership
evidenced by a deed granting title of the property to The City of San Bernardino 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),The City of San Bernardino will maintain the property before and after the
build to ensure a safe and attractive play area.
1.7. The City of San Bernardino shall collaborate with KaBOOM!during the planning of this Project to develop a
maintenance program for the playground that will be implemented by The City of San Bernardino upon completion
of the playground installation.
1.8. The City of San Bernardino is self-insured and The City of San Bernardino is responsible for providing coverage
for its own employees and for any accidents arising out of the equipment.
1.9. The City of San Bernardino 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. The City of San Bernardino 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 pedod(s)when site preparation occurs on the playground site,and until the conclusion
of the Build Day.
1.11. The City of San Bernardino is responsible for ensuring the playground site is safe for volunteers and children.
1.11.1. The City of San Bernardino is responsible for conducting up to two utility site checks as reasonably
3
www.kaboom.org The Power to Change a Child's World
Exhibit"A"
requested by KaBOOM!with the appropriate utility companies between two and eight weeks prior to the
Build Day.Documentation of the utility checks must be provided to the KaBOOM!Project Manager upon
completion.
1.11.2. The City of San Bernardino is responsible for conducting up to two soil site tests as reasonably requested
by KaBOOM!between two and ten weeks prior to the Build Day. Documentation of the soil checks must be
provided to the KaBOOM! Project Manager upon completion. The City of San Bernardino is responsible for
undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers.
1.12. The City of San Bernardino 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. The City of San Bernardino is solely responsible for any additional costs beyond the proposed playground project
budget. KaBOOM!is not responsible for paying any vendors for any prior site preparation, upgrades or
improvements not agreed upon with KaBOOM!. If Community Partner decides to purchase additional equipment
or materials to supplement materials secured by KaBOOM!,then the Community Partner is solely responsible for
paying for the materials and all other liabilities related to such materials. Neither KaBOOM! nor its Funding
Partner(s)shall be liable for payment. Community Partner will hold KaBOOM!and the Funding Partner harmless
of any payments or liability with respect to the additional items ordered.
1.14. The City of San Bernardino 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. The City of San
Bernardino 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. The City of San Bernardino 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 The City of San Bernardino's application
process. Playground signage is 12'/4 inches wide by 30'/4 inches tall and mounted on poles designed to match
the playground components in color and design. 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. The City of San Bernardino 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.
2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee.
4
www.kaboom.org The Power to Change a Child's World
Exhibit "A"
2.1.4. Lead the Build Day activities,including the coordination of Build Day captains and volunteers.
2.1.5. Provide educational and promotional materials to support the playground project,including the KaB00M!
Tool Kit of publications(4-book set),KaB00M!online Playground Planner,nametags and other general
supplies.
2.1.6. Provide for and coordinate the participation of the Funding Partner, Name of Funding Partner,which has
committed to provide KaB00M!with financial,human and/or in-kind resources to bring to fruition the
playground project with The City of San Bemardino.
2.2. KaB00M!(in collaboration with The City of San Bemardino),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. The City of San Bemardino acknowledges that neither KaB00M!or Funding Partner nor their
respective officers,directors,employees,or agents have made or are in any way responsible or liable for action,
inaction or negligence of the CPSI and The City of San Bemardino agrees to look solely to the CPSI for any such
liability,costs or expenses which arise out of the CPSI's action, inaction or negligence.
2.2.1. The CPSI review will occur at the conclusion of the Build Day or,if KaB00M! assumes responsibility for
the playground construction going beyond one day,at the conclusion of the installation.
2.2.2. In accordance with Section 4,The City of San Bemardino shall be solely responsible for any injury,
property damage,or death which occurs in connection with the playground after review of the playground is
completed.
2.2.3. In accordance with Section 4,in the event that the Build Day is delayed or not completed on the scheduled
day due to failure of The City of San Bemardino to meet the terms of this Agreement,then The City of San
Bemardino will be responsible for securing a CPSI to review the playground.
3. FUNDING PARTNER RELATIONS
3.1. KaB00M!has a separate agreement with a KaB00M! Funding Partner,NAME OF FUNDING PARTNER
("Funding Partner"),whose contributions to KaB00M!are helping to make this Project possible.
3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the
products or services of the Funding Partner.
3.2.1. For the purposes of this Agreement,sponsors are defined as individuals,businesses or philanthropic
organizations that contribute funding or in-kind gifts to this Project in exchange for certain rights to promote
their affiliation with this Project to the general public, including but not limited to public name recognition via
this playground project's signs,T-shirts, media materials and public-address systems. Conversely,donors
are individuals or groups whose gifts to this Project require personal acknowledgement only,such as thank-
you letters.
33. 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 KaB00M!shall consider recognition on a case-by-case basis.
4. OWNERSHIP AND LIABILITY
4.1. The Community Partner is the owner of the playground in its entirety,for the lifetime of the playground, including
the equipment and/or safety surfacing purchased by KaB00M!and/or its Funding Partner(s).
5
www.kaboom.org The Power to Change a Child's World ;;�_
Exhibit"A"
4.2. It is agreed that The City of San Bernardino will indemnify and hold harmless KaB00M!and/or the Funding
Partner and their respective officers,directors,employees,or agents from any and all claims,costs,expenses
(including attorney's fees and disbursements)or actions associated with this playground project from any claim or
action,including but not limited to claims and actions for personal injury,death,or property damages resulting from
the use of any playground property and equipment,except to the extent resulting from any willful misconduct of
KaB00M!and/or the KaB00M! 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 representative/installer will certify that the playground was installed to
manufacturer's specifications at the end of the Build Day.
4.3.1. Notwithstanding the foregoing,The City of San Bernardino shall be solely responsible for the playground
and its equipment upon certification of the playground.
4.3.2. The City of San Bernardino shall be responsible for securing safety measures of the playground to prevent
injury, death,or property damages in the unlikely event that the playground is not completely constructed,
and all equipment fully installed,at the conclusion of the Build Day and once KaB00M!and/or the CPSI
leave the playground site.
4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all
equipment fully installed at the conclusion of the Build Day,The City of San Bernardino shall be responsible
for completing the installation of the playground in accordance with the specified guidelines with the
assistance of the CPSI and/or the manufacturer's representatives,facilitated by KaB00M!. The City of
San Bernardino shall be solely responsible for any injuries,death,or property damage that arises out of
The City of San Bernardino's completion of such installation.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of The City of San
Bernardino. 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 Playworid Systems Inc.,the provider of its playground
equipment,or via its KaB00M!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 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,The City of San Bernardino
acknowledges that neither KaB00M!or Funding Partner nor their respective officers,directors,employees or
agents,have made nor are in any manner responsible or liable for any warranty,representation,or guarantee,
express or implied,in fact or in law,relative to any equipment or material,including but not limited to its quality,
mechanical condition or fitness for a particular purpose. Any warranties and/or guarantees on any equipment or
material are subject to the respective manufacturer's terms therefore,and The City of San Bernardino 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:
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www.kaboom.org The Power to Change a Child's World
Exhibit"A"
To: Helen Zimmerman,Manager Contracts&Risk Management
KaBOOM!
4455 Connecticut Ave.,NW, Suite 8100
Washington, DC 20008 USA
202-659-0215
Copy To: Tiffiney Carney,Client Services Coordinator
(use same KaBOOM!address above)
To Corporation: THE MAYOR OF THE CITY OF SAN BERNARDINO
THE CITY OF SAN BERNARDINO
300 N. D St.
San Bernardino,CA 92418
(909)384-5133
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 parry shall
be the entire agreement between the parties as to the subject matter stated herein and supersedes and replaces
any and all previous agreements and all amendments thereto.
6.7. Assignment. This Agreement may not be assigned,delegated or transferred by either party without the prior
written consent of the other party hereto.
6.8. Force Majeure. If either of the parties hereto is delayed or prevented from fulfilling any of its obligations under this
Agreement by Force Majeure,said party shall not be liable under this Agreement for said delay or failure."Force
Majeure"means any cause beyond the reasonable control of a party,including, but not limited to acts of God,acts
of omission of civil or military authorities of a state or nation,fire,strike,flood, riot,act of terrorism,war,delay of
transportation,or inability due to the aforementioned causes to obtain necessary labor, materials or facilities.
Either party,however,may terminate this Agreement if the other is unable to perform any obligation under the
Agreement for a period longer than ten(10)calendar days due to such a force majeure event. In the event of any
such termination, KaBOOM!shall refund to the Community Partner any monies paid to KaBOOM!,less expenses
7
www.kaboom.org The Power to Change a Chlld's World
Exhibit"A"
already committed to and/or incurred prior to the date of termination. If,upon termination as provided herein,the
sum due KaBOCM!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.
8
www.kaboom.org The Power to Change a Child's World
Exhibit "A"
IN WITNESS WHEREOF,this Agreement has been executed by the parties as of the day and year first above written.
By signing this Agreement, The City of San Bernardino 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 The City of San Bernardino to make this playground a
reality.
Date Terms agreed to: Date Terms agreed to:
By: By:
Patrick J. Morris Bruce Bowman
Mayor Chief Operating Officer
Authorized Signature for The City of San Bernardino Phone number: (202)464-6061
Phone Number: (909)384-5133 Fax number: (202)659-0210
Fax Number: (909)384-5067 Email address: bbowman @kaboom.org
Email Address: morris_pa @sbcity.org
The City of San Bernardino KaBOOM!
300 N. D St. 4455 Connecticut Ave, NW Suite B100
San Bernardino, CA 92418 Washington, DC 20008
Contact information for the person who should receive KaBOOM! invoices:
Name: Walter Nelson Telephone Number: (909)384-5132
Mailing Address: 547 N. Sierra Way, San Bernardino, CA Fax Number: (909) 384-5160
92410-4816
Email Address: nelson-wa@sbcity.org
Attachments: Welcome Packet
Playworid Systems Inc. Playground Equipment Warranty(sample)
Copy: Brian Crowley, Interim Vice President of Administrative Services
Name of Funding Partner Contact
KaBOOM! Project Archives
9
www.kaboom.org The Power to Change a Child's world
Exhibit "S"
J.v E 2 l�
0
�ti Z
a _3 CESAR E. CHAVEZ' CORE VALUES
OIL
o
OL Si SE PUEDE
1. Service to Others — Service that is predicated on empowering others; engendering self-help,
self-determination, and self-sufficiency versus charity.
2. Sacrifice— Sacrifice that is spiritual; that is courageous and steadfast in its willingness to
endure great hardship for others.
3. A Preference to Help the Most Needy —A concerted effort to support programs that reach
the most needy, the most dispossessed, the most forgotten people in society no matter how
difficult the challenge that choice may bring.
4. Determination — Determination that is characterized by an attitude that with faith, steadfast
commitment, patience, and optimism, human beings can prevail against all odds.
5. Non-Violence— Invoking non-violence as the most powerful tool for achieving
social/economic justice and equality; action that requires boldness and courage versus
meekness and passivity.
6. Acceptance of all People —An essential ingredient for success in organizing diverse forces
to achieve social change, create community, and actualize democracy is the acceptance of all
people; an absolutely indispensable necessity to the well-being of this country.
7. Respect for Life and the Environment— Respect that holds as sacred the land, the people,
and all other forms of life.
8. Celebrating Community - Sharing the joyous and respectful expression of cultural diversity
through the reinforcement of the values of equity and responsibility to and for one another.
9. Knowledge - The pursuit of self-directed learning and the development of critical thinking and
constructive problem solving skills; overcoming ignorance through education.
10. Innovation —A creative capacity to find pragmatic strategies and tactics to resolve problems
and situations that often seen insurmountable to others.
1
Exhibit `B"
Cesar E. Chavez Quotes
11. Service to Others
"When we are really honest with ourselves we must admit that our lives are all that really belong to us.
So, it is how we use our lives, that determines what kind of[people] we are. It is my deepest belief that
only by giving our lives do we find life."
12. Sacrifice
"I am convinced that the truest act of courage, the strongest act of manliness, is to sacrifice ourselves
for others in a totally non-violent struggle for justice. To be [human] is to suffer for others. God help us
to be human."
13.A Preference to Help the Most Needy
"We are tired of words, of betrayals, of indifference ...the years are gone when the farm worker said
nothing and did nothing to help himself...Now we have new faith. Through our strong will, our
movement is changing these conditions...We shall be heard."
14. Determination
"We draw our strength from the very despair in which we have been forced to live. We shall endure."
15. Non-Violence
"Non-violence is not inaction. It is not discussion. It is not for the timid or weak ... Non-violence is hard
work. It is the willingness to sacrifice. It is the patience to win."
16. Acceptance
"We need to help students and parents cherish and preserve the ethnic and cultural diversity that
nourishes and strengthens ... this nation."
17. Respect for Life and the Environment
"However important the struggle is and however much misery and poverty and degradation exists we
know that it cannot be more important than one human life."
18. Community
"We cannot seek achievement for ourselves and forget about progress and prosperity for our community
... Our ambitions must be broad enough to include the aspirations and needs of others, for their sakes
and for our own."
19. Knowledge
"Students must have initiative; they should not be mere imitators. They must learn to think and act for
themselves and be free."
20. Innovation
"A lasting organization is one in which people will continue to build, develop and move when you are not
there."
2
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Parks, Recreation& Community Services Dowimdri PM !: 23
Inter-Office Memorandum
To: Sandra Medina, Assistant to the City Clerk
From: Harriet Myers, Senior Secretary
Subj: Non-executed Documents for Resolution 2007-29— Kaboom!
Date: February 26, 2007
Enclosed are the non-executed documents for subject Resolution. Kaboom! decided not to
proceed with the playground project.
If you have any questions, please give me a call at ext. 2010.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management(RIM) Program
DATE: January 29, 2007
TO: Dan Ustation, Parks Project Manager
Parks, Recreation & Community Services Department
FROM: Sandra Medina ��
Assistant to the City Clerk
RE: Transmitting Documents for Signature—Resolution 2007-29
At the Mayor and Common Council meeting of January 22, 2007, the City of San Bernardino
adopted Resolution No. 2007-29 —Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to approve a Contractual Agreement between the City of
San Bernardino and Kaboom!for services to purchase, plan, design and construct a community-
build playground located at Tom Minor Park.
Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL contract to the City Clerk's
Office as soon as possible. Please keep the remaining two (2) fully executed copies for your
records and for the other party.
Please be advised that the resolution and contract will be null and void if not executed
within one hundred and twenty days (120) days, or by May 22, 2007.
If you have any questions, please do not hesitate to contact Margaret Fedor in the City Clerk's
Office at ext. 3206. Thank you.
I hereby ac nowled receipt of the above mentioned documents.
Signe .
Please sign and return
Date:
SM/mf
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE: January 29, 2007 YOUR COPY
TO: Dan Ustation, Parks Project Manager
Parks, Recreation & Community Services Department
FROM: Sandra Medina
Assistant to the City Clerk
RE: Transmitting Documents for Signature—Resolution 2007-29
At the Mayor and Common Council meeting of January 22, 2007, the City of San Bernardino
adopted Resolution No. 2007-29 —Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to approve a Contractual Agreement between the City of
San Bernardino and Kaboom!for services to purchase,plan, design and construct a community-
build playground located at Tom Minor Park.
Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL contract to the City Clerk's
Office as soon as possible. Please keep the remaining two (2) fully executed copies for your
records and for the other party.
Please be advised that the resolution and contract will be null and void if not executed
within one hundred and twenty days (120) days, or by May 22, 2007.
If you have any questions, please do not hesitate to contact Margaret Fedor in the City Clerk's
Office at ext. 3206. Thank you.
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date:
SM/mf
spy
Exhibit "A"
2007 TEMPLATE:
. : • • OF
process AGREEMENT
During the application
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 .
Services Coordinator.
We do not require you to sign this document until a project is confirmed. When a site is
. :O• -. text
ed by information specific to your project.
THIS KaB00M! COMMUNITY PARTNER AGREEMENT is made this 22nd day of January, 2007 by and between
KaB00M!and The City of San Bernardino.
RECITALS
WHEREAS KaB00M!is a non-profit organization chartered in the District of Columbia and organized as a 501(c)3
by determination of the Internal Revenue Service;
WHEREAS KaB00M! is an organization that develops, manages and coordinates a community-building
playground for its Community and Funding Partners,culminating in a one-day installation event known as a"Build Day';
WHEREAS The City of San Bernardino is entering into a written agreement with KaB00M! for services to plan,
design and construct a community-build playground("Program");
WHEREAS Ka5OOM! 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 THE CITY OF SAN BERNARDINO
1
Fes:vstr to S`t5ara, ! , :.r is arld
W
Exhibit "A"
1.1. The City of San Bernardino agrees to be the Community Partner organization("Community Partner')for the Name
of Funding Partner playground project at Irvington and Palm Ave.intersection.
1.2. The City of San Bernardino 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. Asa Community Partner for a KaBOOM!community-build playground project,The City of San Bernardino will
work with KaBOOM!, Name of Funding Partner,and community residents to design,plan and build a community
playground. All parties will work closely together to ensure a successful, productive,and fun event.
1.3.1. The Community Partner agrees to host a KaBOOM!-facilitated Design Day with at least 10 adults and 20
children. The adults will remain engaged in planning activities throughout the Design Day to Build Day
planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 10-15 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 150-200 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,The City of San Bernardino is responsible for contributing$7,500 to the playground
project.
1.4.1. All funds will be applied directly toward purchasing playground equipment.
1.4.2. Upon receipt of this signed agreement, KaBOOM!will invoice The City of San Bernardino for the full
amount of this contribution, and it will be due at least 30 days before the Build Day Saturday, March 31,
2007.
1.4.3. If The City of San Bernardino 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,The City of San Bernardino 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 The City of San Bernardino within
120 days after the Build Day.
1.5. The Build Day must occur in calendar year Saturday,March 31,2007.
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.
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www.kaboom.org The Power to Change a Child's World
Exhibit "A"
1.5.1.1. The decision to postpone a Build Day shall be reached through discussion,collaboration and
majority agreement by KaB00M!,the Community Partner and the Funding Partner,each
represented by a person authorized by each party.
1.5.1.2. The sole exception to mutual decision-making and majority agreement shall be when the decision
must be made immediately and solely by KaB00M!on the construction site in absence of
authorized representatives of the Community Partner and the Funding Partner being available.
1.513. The authorized representatives are defined as those individuals who have signed this Agreement,
and the Agreement between KaB00M! and the Funding Partner,or their designates.
1.52 In the event that the Build Date is cancelled or changed solely by The City of San Bernardino,The City of
San Bernardino shall be deemed liable for damages to KaB00M!and Funding Partner for any equipment
costs,labor and materials and any additional expenses related to the Program,such as airfare and general
supplies.
1.5.3. In the event of a Build Day postponement,KaB00M!shall collaborate with the Community Partner and the
Funding Partner to issue a Memo of Understanding(MOU)that outlines a plan for rescheduling the Build
Day.
1.53.1. The MOU shall outline any additional expenses related to the rescheduled Build Day,and the
party or parties responsible for covering the additional expenses.These expenses may include, but
are not limited to,equipment storage,security,equipment shipment,and KaB00M!travel and
hotel expenses.
1.5.3.2. The MOU shall identify the next-earliest possible date for the Build Day,based on the availability of
open dates on the KaB00M!program calendar,the availability of the Community Partner to
participate in the project,and the availability of the Funding Partner to participate in the project.
1.6. The City of San Bernardino shall attach documentation to this Agreement showing proof of land ownership
evidenced by a deed granting title of the property to The City of San Bernardino 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),The City of San Bernardino will maintain the property before and after the
build to ensure a safe and attractive play area.
1.7. The City of San Bernardino shall collaborate with KaB00M!during the planning of this Project to develop a
maintenance program for the playground that will be implemented by The City of San Bernardino upon completion
of the playground installation.
1.8. The City of San Bernardino is self-insured and The City of San Bernardino is responsible for providing coverage
for its own employees and for any accidents arising out of the equipment.
1.9. The City of San Bernardino 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. The City of San Bernardino 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. The City of San Bernardino is responsible for ensuring the playground site is safe for volunteers and children.
1.11.1. The City of San Bernardino is responsible for conducting up to two utility site checks as reasonably
3
www.kaboom.org The Power to Change a Child's World
Exhibit "A"
requested by KaBOOM!with the appropriate utility companies between two and eight weeks prior to the
Build Day. Documentation of the utility checks must be provided to the KaBOOM!Project Manager upon
completion.
1.11.2. The City of San Bernardino is responsible for conducting up to two soil site tests as reasonably requested
by KaBOOM! between two and ten weeks prior to the Build Day. Documentation of the soil checks must be
provided to the KaBOOM! Project Manager upon completion. The City of San Bernardino is responsible for
undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers.
1.12. The City of San Bernardino 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. The City of San Bernardino is solely responsible for any additional costs beyond the proposed playground project
budget. KaBOOM!is not responsible for paying any vendors for any prior site preparation, upgrades or
improvements not agreed upon with KaBOOM!. If Community Partner decides to purchase additional equipment
or materials to supplement materials secured by KaBOOM!,then the Community Partner is solely responsible for
paying for the materials and all other liabilities related to such materials. Neither KaBOOM! nor its Funding
Partner(s)shall be 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. The City of San Bernardino 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. The City of San
Bemardino 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. The City of San Bernardino 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 The City of San Bernardino's application
process. Playground signage is 12'/4 inches wide by 30'/a inches tall and mounted on poles designed to match
the playground components in color and design. 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. The City of San Bernardino 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.
2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee.
4
www.kaboom.org The Power to Change a Child's World
Exhibit "A"
2.1.4. Lead the Build Day activities,including the coordination of Build Day captains and volunteers.
2.1.5. Provide educational and promotional materials to support the playground project,including the KaB00M!
Tool Kit of publications(4-book set),KaB00M!online Playground Planner,nametags and other general
supplies.
2.1.6. Provide for and coordinate the participation of the Funding Partner, Name of Funding Partner, which has
committed to provide KaB00M!with financial,human and/or in-kind resources to bring to fruition the
playground project with The City of San Bemardino.
2.2. KaB00M!(in collaboration with The City of San Bemardino),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. The City of San Bemardino acknowledges that neither KaB00M!or Funding Partner nor their
respective officers,directors,employees,or agents have made or are in any way responsible or liable for action,
inaction or negligence of the CPSI and The City of San Bemardino agrees to look solely to the CPSI for any such
liability,costs or expenses which arise out of the CPSI's action,inaction or negligence.
2.2.1. The CPSI review will occur at the conclusion of the Build Day or,if KaBOOM! assumes responsibility for
the playground construction going beyond one day, at the conclusion of the installation.
2.2.2. In accordance with Section 4,The City of San Bemardino shall be solely responsible for any injury,
property damage,or death which occurs in connection with the playground after review of the playground is
completed.
2.2.3. In accordance with Section 4,in the event that the Build Day is delayed or not completed on the scheduled
day due to failure of The City of San Bemardino to meet the terms of this Agreement,then The City of San
Bemardino will be responsible for securing a CPSI to review the playground.
3. FUNDING PARTNER RELATIONS
31. KaB00M!has a separate agreement with a KaB00M! Funding Partner, NAME OF FUNDING PARTNER
("Funding Partner"),whose contributions to KaB00M!are helping to make this Project possible.
3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the
products or services of the Funding Partner.
3.2.1. For the purposes of this Agreement,sponsors are defined as individuals,businesses or philanthropic
organizations that contribute funding or in-kind gifts to this Project in exchange for certain rights to promote
their affiliation with this Project to the general public,including but not limited to public name recognition via
this playground project's signs,T-shirts,media materials and public-address systems. Conversely,donors
are individuals or groups whose gifts to this Project require personal acknowledgement only,such as thank-
you letters.
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 KaB00M!shall consider recognition on a case-by-case basis.
4. OWNERSHIP AND LIABILITY
4.1. The Community Partner is the owner of the playground in its entirety,for the lifetime of the playground, including
the equipment and/or safety surfacing purchased by KaB00M!and/or its Funding Partner(s).
5
www.kaboom.org The Power to Change a Child's World
Exhibit "A"
4.2. It is agreed that The City of San Bernardino will indemnify and hold harmless KaB00M!and/or the Funding
Partner and their respective officers,directors,employees,or agents from any and all claims,costs,expenses
(including attorney's fees and disbursements)or actions associated with this playground project from any claim or
action,including but not limited to claims and actions for personal injury,death,or property damages resulting from
the use of any playground property and equipment,except to the extent resulting from any willful misconduct of
KaB00M!and/or the KaB00M! 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 representative/installer will certify that the playground was installed to
manufacturer's specifications at the end of the Build Day.
4.3.1. Notwithstanding the foregoing,The City of San Bernardino shall be solely responsible for the playground
and its equipment upon certification of the playground.
4.3.2. The City of San Bernardino shall be responsible for securing safety measures of the playground to prevent
injury, death,or property damages in the unlikely event that the playground is not completely constructed,
and all equipment fully installed,at the conclusion of the Build Day and once KaB00M!and/or the CPSI
leave the playground site.
4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all
equipment fully installed at the conclusion of the Build Day,The City of San Bernardino shall be responsible
for completing the installation of the playground in accordance with the specified guidelines with the
assistance of the CPSI and/or the manufacturers representatives,facilitated by KaB00M!. The City of
San Bernardino shall be solely responsible for any injuries,death,or property damage that arises out of
The City of San Bernardino's completion of such installation.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of The City of San
Bernardino. 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 Playworid Systems Inc.,the provider of its playground
equipment,or via its KaB00M! project manager,a play equipment maintenance kit from Playworid
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,The City of San Bemardino
acknowledges that neither KaB00M!or Funding Partner nor their respective officers,directors,employees or
agents,have made nor are in any manner responsible or liable for any warranty,representation,or guarantee,
express or implied,in fact or in law,relative to any equipment or material,including but not limited to its quality,
mechanical condition or fitness for a particular purpose. Any warranties and/or guarantees on any equipment or
material are subject to the respective manufacturer's terms therefore,and The City of San Bernardino 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:
6
www.kaboom.org The Power to Change a Child's World
Exhibit"A"
To: Helen Zimmerman, Manager Contracts&Risk Management
KaBOOM!
4455 Connecticut Ave., NW, Suite B100
Washington, DC 20008 USA
202-659-0215
Copy To: Tiffiney Carney,Client Services Coordinator
(use same KaBOOM!address above)
To Corporation: THE MAYOR OF THE CITY OF SAN BERNARDINO
THE CITY OF SAN BERNARDINO
300 N. D St.
San Bemardino, CA 92418
(909)384-5133
6.2. Counterparts. This Agreement may be executed by the parties in one or more counterparts which shall,in the
aggregate,be signed by all parties and each counterpart shall be deemed an original instrument as against any
party who has signed it.
6.3. Governing Law. The laws of the State of Illinois,without reference to its choice of law provisions, shall govem the
interpretation and/or legal effect hereunder and shall have jurisdiction over any dispute(including arbitration)
arising out of or under the terms of this Agreement.
6.4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective affiliates,
successor,and personal representatives of the parties to this Agreement,except to the extent of any contrary
provision in this Agreement.
6.5. Severability. This Agreement shall be construed to be in accordance with federal and state statutes. If any
provision of this Agreement,or any portion thereof, is found to be invalid,illegal,or unenforceable, under any
applicable statute or rule of law,then such provision or portion thereof shall be deemed omitted,and the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
6.6. Complete Agreement. This Agreement,when executed by the duly authorized representatives of each party shall
be the entire agreement between the parties as to the subject matter stated herein and supersedes and replaces
any and all previous agreements and all amendments thereto.
6.7. Assignment. This Agreement may not be assigned,delegated or transferred by either party without the prior
written consent of the other party hereto.
6.8. Force Majeure. If either of the parties hereto is delayed or prevented from fulfilling any of its obligations under this
Agreement by Force Majeure,said party shall not be liable under this Agreement for said delay or failure."Force
Majeure"means any cause beyond the reasonable control of a party,including, but not limited to acts of God,acts
of omission of civil or military authorities of a state or nation,fire,strike,flood, riot,act of terrorism,war,delay of
transportation,or inability due to the aforementioned causes to obtain necessary labor,materials or facilities.
Either party,however,may terminate this Agreement if the other is unable to perform any obligation under the
Agreement for a period longer than ten(10)calendar days due to such a force majeure event. In the event of any
such termination,KaBOOM!shall refund to the Community Partner any monies paid to KaBOOM!,less expenses
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www.kahoom.org The Power to Change a Child's World .
Exhibit"A"
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.
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www.kaboom.org The Power to Change a Chlld's World ;��-
Exhibit"A"
IN WITNESS WHEREOF,this Agreement has been executed by the parties as of the day and year first above written.
By signing this Agreement, The City of San Bernardino 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 The City of San Bernardino to make this playground a
reality.
Date Terms agreed to: Date Terms agreed to:
By: <1 — - Ci By:
Tobin Brinker, Mayor Pro Tem Bruce Bowman
City of San Bernardino Chief Operating Officer
Authorized Signature for I ne uity or Jar, Dt;mdrdino Phone number: (202)464-6061
Phone Number: (909) 384-5133 Fax number: (202)659-0210
Fax Number: (909) 384-5067 Email address: bbowmanta7kaboom.org
Email Address: mords_pa @sbcity.org
The City of San Bernardino KaBOOM!
300 N. D St. 4455 Connecticut Ave, NW Suite 8100
San Bernardino, CA 92418 Washington, DC 20008
Contact information for the person who should receive KaBOOM! invoices:
Name: Walter Nelson Telephone Number: (909) 384-5132
Mailing Address: 547 N. Sierra Way, San Bernardino, CA Fax Number: (909) 384-5160
92410-4816
Email Address: nelson wa@sbcity.org
Attachments: Welcome Packet
Playworid Systems Inc. Playground Equipment Warranty(sample)
Copy: Brian Crowley,Interim Vice President of Administrative Services
Name of Funding Partner Contact
KaBOOM!Project Archives
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www.kaboom.org The Power to Change a Child's world
Exhibit "B"
p'V e 2 1
G� OG
vi Z
N CESAR E. CHAVEZ' CORE VALUES
W O
J 2
1. Service to Others — Service that is predicated on empowering others; engendering self-help,
self-determination, and self-sufficiency versus charity.
2. Sacrifice — Sacrifice that is spiritual; that is courageous and steadfast in its willingness to
endure great hardship for others.
3. A Preference to Help the Most Needy — A concerted effort to support programs that reach
the most needy, the most dispossessed, the most forgotten people in society no matter how
difficult the challenge that choice may bring.
4. Determination — Determination that is characterized by an attitude that with faith, steadfast
commitment, patience, and optimism, human beings can prevail against all odds.
5. Non-Violence — Invoking non-violence as the most powerful tool for achieving
social/economic justice and equality; action that requires boldness and courage versus
meekness and passivity.
6. Acceptance of all People —An essential ingredient for success in organizing diverse forces
to achieve social change, create community, and actualize democracy is the acceptance of all
people; an absolutely indispensable necessity to the well-being of this country.
7. Respect for Life and the Environment— Respect that holds as sacred the land, the people,
and all other forms of life.
8. Celebrating Community - Sharing the joyous and respectful expression of cultural diversity
through the reinforcement of the values of equity and responsibility to and for one another.
9. Knowledge - The pursuit of self-directed learning and the development of critical thinking and
constructive problem solving skills; overcoming ignorance through education.
10. Innovation —A creative capacity to find pragmatic strategies and tactics to resolve problems
and situations that often seen insurmountable to others.
1
• "B
Exhibit
Cesar E. Chavez Quotes
11. Service to Others
"When we are really honest with ourselves we must admit that our lives are all that really belong to us.
So, it is how we use our lives, that determines what kind of[people] we are. It is my deepest belief that
only by giving our lives do we find life."
12. Sacrifice
"I am convinced that the truest act of courage, the strongest act of manliness, is to sacrifice ourselves
for others in a totally non-violent struggle for justice. To be [human] is to suffer for others. God help us
to be human."
13.A Preference to Help the Most Needy
"We are tired of words, of betrayals, of indifference ...the years are gone when the farm worker said
nothing and did nothing to help himself...Now we have new faith. Through our strong will, our
movement is changing these conditions...We shall be heard."
14. Determination
"We draw our strength from the very despair in which we have been forced to live. We shall endure."
15. Non-Violence
"Non-violence is not inaction. It is not discussion. It is not for the timid or weak ... Non-violence is hard
work. It is the willingness to sacrifice. It is the patience to win."
16. Acceptance
"We need to help students and parents cherish and preserve the ethnic and cultural diversity that
nourishes and strengthens ... this nation."
17. Respect for Life and the Environment
"However important the struggle is and however much misery and poverty and degradation exists we
know that it cannot be more important than one human life."
18. Community
"We cannot seek achievement for ourselves and forget about progress and prosperity for our community
... Our ambitions._must be broad enough to include the aspirations and needs of others, for their sakes
and for our own."
19. Knowledge
"Students must have initiative; they should not be mere imitators. They must learn to think and act for
themselves and be free."
20. Innovation
"A lasting organization is one in which people will continue to build, develop and move when you are not
there."
2
Exhibit "A"
2007 TEMPLATE:
. : • • OF
application AGREEMENT
During the process
attention 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 .
Services Coordinator.
We do not require you to sign this document until a project is confirmed. When a site is
. : • • •. text
replaced by information specific to your project.
THIS KaB00M! COMMUNITY PARTNER AGREEMENT is made this 22nd day of January, 2007 by and between
KaB00M!and The City of San Bernardino.
RECITALS
WHEREAS KaB00M!is a non-profit organization chartered in the District of Columbia and organized as a 501(c)3
by determination of the Internal Revenue Service;
WHEREAS KaB00M! is an organization that develops, manages and coordinates a community-building
playground for its Community and Funding Partners,culminating in a one-day installation event known as a"Build Day';
WHEREAS The City of San Bernardino is entering into a written agreement with KaB00M! 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 THE CITY OF SAN BERNARDINO
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r ha.,)oI>r.o,il 7ne r weirt-to Chan �- s f"lid's World
Exhibit "A"
1.1. The City of San Bernardino agrees to be the Community Partner organization("Community Partner')for the Name
of Funding Partner playground project at Irvington and Palm Ave.intersection.
1.2. The City of San Bernardino agrees to be responsive to the discreet timeline developed for the Program,inclusive
of providing approval of,action toward or direction to,specific responsibilities and initiatives of KaB00M!on behalf
of this Program.
1.3. Asa Community Partner for a KaB00M!community-build playground project,The City of San Bernardino will
work with KaB00M!, Name of Funding Partner,and community residents to design,plan and build a community
playground. All parties will work closely together to ensure a successful,productive,and fun event.
1.3.1. The Community Partner agrees to host a KaB00M!-facilitated Design Day with at least 10 adults and 20
children. The adults will remain engaged in planning activities throughout the Design Day to Build Day
planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 10-15 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 150-200 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,The City of San Bernardino is responsible for contributing$7,500 to the playground
project.
1.4.1. All funds will be applied directly toward purchasing playground equipment.
1.4.2. Upon receipt of this signed agreement, KaB00M!will invoice The City of San Bernardino for the full
amount of this contribution, and it will be due at least 30 days before the Build Day Saturday, March 31,
2007.
1.4.3. If The City of San Bernardino does not make payment as outlined in Section 1.4.2, KaB00M!reserves the
right,without waiving any other rights and remedies,to cancel the build.
1.4.3.1. In the event of the Build Day's cancellation due to non-payment by the Community Partner as
outlined in Section 1.4.2, at KaB00M!'s written request,without waiving any other rights and
_remedies,The City of San Bernardino shall be deemed liable for damages to KaB00M!and
Funding Partner for any un-cancelable contractual commitments entered into prior to cancellation,
any equipment costs, labor and materials,and any additional expenses related to the Program,
such as airfare and general supplies.
1.4.4. The Community Partner has the right to back-up documentation detailing the use of its contribution to the
project.Upon request, KaB00M!will provide back-up documentation for The City of San Bernardino within
120 days after the Build Day.
1.5. The Build Day must occur in calendar year Saturday,March 31,2007.
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.
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www.kaboom.org The Power to Change a Child's World
Exhibit "A"
1.5.1.1. The decision to postpone a Build Day shall be reached through discussion,collaboration and
majority agreement by KaB00M!,the Community Partner and the Funding Partner,each
represented by a person authorized by each party.
1.5.1.2. The sole exception to mutual decision-making and majority agreement shall be when the decision
must be made immediately and solely by KaB00M!on the construction site in absence of
authorized representatives of the Community Partner and the Funding Partner being available.
1.5.1.3. The authorized representatives are defined as those individuals who have signed this Agreement,
and the Agreement between KaB00M! and the Funding Partner,or their designates.
1.5.2. In the event that the Build Date is cancelled or changed solely by The City of San Bernardino, The City of
San Bernardino shall be deemed liable for damages to KaB00M!and Funding Partner for any equipment
costs, labor and materials and any additional expenses related to the Program,such as airfare and general
supplies.
1.5.3. In the event of a Build Day postponement, KaB00M!shall collaborate with the Community Partner and the
Funding Partner to issue a Memo of Understanding(MOU)that outlines a plan for rescheduling the Build
Day.
1.5.3.1. The MOU shall outline any additional expenses related to the rescheduled Build Day,and the
party or parties responsible for covering the additional expenses.These expenses may include,but
are not limited to,equipment storage,security,equipment shipment, and KaB00M!travel and
hotel expenses.
1.5.3.2. The MOU shall identify the next-earliest possible date for the Build Day,based on the availability of
open dates on the KaB00M!program calendar,the availability of the Community Partner to
participate in the project,and the availability of the Funding Partner to participate in the project.
1.6. The City of San Bernardino shall attach documentation to this Agreement showing proof of land ownership
evidenced by a deed granting title of the property to The City of San Bernardino 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),The City of San Bernardino will maintain the property before and after the
build to ensure a safe and attractive play area.
1.7. The City of San Bernardino shall collaborate with KaBOOM!during the planning of this Project to develop a
maintenance program for the playground that will be implemented by The City of San Bernardino upon completion
of the playground installation.
1.8. The City of San Bernardino is self-insured and The City of San Bernardino is responsible for providing coverage
for its own employees and for any accidents arising out of the equipment.
1.9. The City of San Bernardino 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. The City of San Bernardino 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. The City of San Bernardino is responsible for ensuring the playground site is safe for volunteers and children.
1.11.1. The City of San Bernardino is responsible for conducting up to two utility site checks as reasonably
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www.kaboom.org The Power to Change a Child's World
Exhibit "A"
requested by KaBOOM!with the appropriate utility companies between two and eight weeks prior to the
Build Day. Documentation of the utility checks must be provided to the KaBOOM!Project Manager upon
completion.
1.11.2. The City of San Bernardino is responsible for conducting up to two soil site tests as reasonably requested
by KaBOOM! between two and ten weeks prior to the Build Day. Documentation of the soil checks must be
provided to the KaBOOM!Project Manager upon completion. The City of San Bernardino is responsible for
undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers.
1.12. The City of San Bernardino 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. The City of San Bernardino is solely responsible for any additional costs beyond the proposed playground project
budget. KaBOOM!is not responsible for paying any vendors for any prior site preparation, upgrades or
improvements not agreed upon with KaBOOM!. If Community Partner decides to purchase additional equipment
or materials to supplement materials secured by KaBOOM!,then the Community Partner is solely responsible for
paying for the materials and all other liabilities related to such materials. Neither KaBOOM! nor its Funding
Partner(s)shall be liable for payment. Community Partner will hold KaBOOM!and the Funding Partner harmless
of any payments or liability with respect to the additional items ordered.
1.14. The City of San Bernardino 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. The City of San
Bernardino 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. The City of San Bernardino 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 The City of San Bernardino's application
process. Playground signage is 12'/4 inches wide by 30'/4 inches tall and mounted on poles designed to match
the playground components in color and design. 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. The City of San Bernardino 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.
2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee.
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www.kaboom.org The Power to Change a Child's World ;%V- Z
Exhibit "A"
2.1.4. Lead the Build Day activities,including the coordination of Build Day captains and volunteers.
2.1.5. Provide educational and promotional materials to support the playground project,including the KaB00M!
Tool Kit of publications(4-book set),KaB00M!online Playground Planner, nametags and other general
supplies.
2.1.6. Provide for and coordinate the participation of the Funding Partner, Name of Funding Partner, which has
committed to provide KaB00M!with financial,human and/or in-kind resources to bring to fruition the
playground project with The City of San Bemardino.
2.2. KaB00M!(in collaboration with The City of San Bemardino),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. The City of San Bemardino acknowledges that neither KaB00M!or Funding Partner nor their
respective officers,directors,employees,or agents have made or are in any way responsible or liable for action,
inaction or negligence of the CPSI and The City of San Bemardino agrees to look solely to the CPSI for any such
liability,costs or expenses which arise out of the CPSI's action, inaction or negligence.
2.2.1. The CPSI review will occur at the conclusion of the Build Day or,if KaB00M!assumes responsibility for
the playground construction going beyond one day,at the conclusion of the installation.
2.2.2. In accordance with Section 4,The City of San Bemardino shall be solely responsible for any injury,
property damage,or death which occurs in connection with the playground after review of the playground is
completed.
2.2.3. In accordance with Section 4,in the event that the Build Day is delayed or not completed on the scheduled
day due to failure of The City of San Bemardino to meet the terms of this Agreement,then The City of San
Bemardino will be responsible for securing a CPSI to review the playground.
3. FUNDING PARTNER RELATIONS
3.1. KaB00M!has a separate agreement with a KaB00M! Funding Partner, NAME OF FUNDING PARTNER
("Funding Partner"),whose contributions to KaB00M!are helping to make this Project possible.
3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the
products or services of the Funding Partner.
3.2.1. For the purposes of this Agreement, sponsors are defined as individuals,businesses or philanthropic
organizations that contribute funding or in-kind gifts to this Project in exchange for certain rights to promote
their affiliation with this Project to the general public,including but not limited to public name recognition via
this playground project's signs,T-shirts, media materials and public-address systems. Conversely,donors
are individuals or groups whose gifts to this Project require personal acknowledgement only,such as thank-
you letters.
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 KaB00M!shall consider recognition on a case-by-case basis.
4. OWNERSHIP AND LIABILITY
4.1. The Community Partner is the owner of the playground in its enfirety,for the lifetime of the playground, including
the equipment and/or safety surfacing purchased by KaB00M!and/or its Funding Partner(s).
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o�'
Exhibit "A"
4.2. It is agreed that The City of San Bernardino will indemnify and hold harmless KaB00M!and/or the Funding
Partner and their respective officers,directors,employees,or agents from any and all claims,costs,expenses
(including attorney's fees and disbursements)or actions associated with this playground project from any claim or
action,including but not limited to claims and actions for personal injury,death,or property damages resulting from
the use of any playground property and equipment,except to the extent resulting from any willful misconduct of
KaB00M!and/or the KaB00M! 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 representative/installer will certify that the playground was installed to
manufacturer's specifications at the end of the Build Day.
4.3.1. Notwithstanding the foregoing,The City of San Bernardino shall be solely responsible for the playground
and its equipment upon certification of the playground.
4.3.2. The City of San Bernardino shall be responsible for securing safety measures of the playground to prevent
injury, death,or property damages in the unlikely event that the playground is not completely constructed,
and all equipment fully installed,at the conclusion of the Build Day and once KaB00M!and/or the CPSI
leave the playground site.
4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all
equipment fully installed at the conclusion of the Build Day,The City of San Bernardino shall be responsible
for completing the installation of the playground in accordance with the specified guidelines with the
assistance of the CPSI and/or the manufacturer's representatives,facilitated by KaB00M!. The City of
San Bernardino shall be solely responsible for any injuries,death,or property damage that arises out of
The City of San Bernardino's completion of such installation.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of The City of San
Bernardino. 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 KaB00M!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 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,The City of San Bernardino
acknowledges that neither KaB00M!or Funding Partner nor their respective officers,directors,employees or
agents,have made nor are in any manner responsible or liable for any warranty,representation,or guarantee,
express or implied,in fact or in law,relative to any equipment or material,including but not limited to its quality,
mechanical condition or fitness for a particular purpose. Any warranties and/or guarantees on any equipment or
material are subject to the respective manufacturer's terms therefore,and The City of San Bemardino 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:
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www.kaboom.org The Power to Change a Child's World
Exhibit "A"
To: Helen Zimmerman, Manager Contracts&Risk Management
KaBOOM!
4455 Connecticut Ave., NW, Suite 8100
Washington, DC 20008 USA
202-659-0215
Copy To: Tiffiney Carney,Client Services Coordinator
(use same KaBOOM!address above)
To Corporation: THE MAYOR OF THE CITY OF SAN BERNARDINO
THE CITY OF SAN BERNARDINO
300 N. D St.
San Bernardino, CA 92418
(909)384-5133
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.
6.8. Force Majeure. If either of the parties hereto is delayed or prevented from fulfilling any of its obligations under this
Agreement by Force Majeure,said party shall not be liable under this Agreement for said delay or failure."Force
Majeure"means any cause beyond the reasonable control of a party,including, but not limited to acts of God,acts
of omission of civil or military authorities of a state or nation,fire,strike,flood,riot,act of terrorism,war,delay of
transportation,or inability due to the aforementioned causes to obtain necessary labor, materials or facilities.
Either party,however,may terminate this Agreement if the other is unable to perform any obligation under the
Agreement for a period longer than ten(10)calendar days due to such a force majeure event. In the event of any
such termination,KaBOOM!shall refund to the Community Partner any monies paid to KaBOOM!,less expenses
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www.kaboom.org The Power to Change a ChIld'S World
Exhibit "A"
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.
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www.kaboom.org The Power to Change a Child's World .
Exhibit "A"
IN WITNESS WHEREOF.this Agreement has been executed by the parties as of the day and year first above written.
By signing this Agreement, The City of San Bernardino 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 The City of San Bernardino to make this playground a
reality.
Date Terms agreed to: Date Terms agreed to:
_By: -w-C1 1 By:
Tobin Brinker, Mayor Pro Tem Bruce Bowman
City of San Bernardino Chief Operating Officer
Authorized Signature for The City of San Bernardino Phone number: (202)464-6061
Phone Number: (909)384-5133 Fax number: (202)659-0210
Fax Number: (909) 384-5067 Email address: bbowmanta�kaboom.orq
Email Address: mords_pa @sbcity.org
The City of San Bernardino KaBOOM!
300 N. D St. 4455 Connecticut Ave, NW Suite B100
San Bernardino, CA 92418 Washington, DC 20008
Contact information for the person who should receive KaBOOM! invoices:
Name: Walter Nelson Telephone Number: (909) 384-5132
Mailing Address: 547 N. Sierra Way, San Bernardino, CA Fax Number: (909) 384-5160
92410-4816
Email Address: nelson-wa@sbcity.org
Attachments: Welcome Packet
Playworid Systems Inc. Playground Equipment Warranty(sample)
Copy: Brian CrcWey, Interim Vice President of Administrative Services
Name of Funding Partner Contact
KaBOOM! Project Archives
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www.kaboom.orq The Power to Change a Child's World
Exhibit "B"
G� OG
4i Z
N CESAR E. CHAVEZ' CORE VALUES
OIL O
V =
Si SE PUEDE
1. Service to Others — Service that is predicated on empowering others; engendering self-help,
self-determination, and self-sufficiency versus charity.
2. Sacrifice — Sacrifice that is spiritual; that is courageous and steadfast in its willingness to
endure great hardship for others.
3. A Preference to Help the Most Needy —A concerted effort to support programs that reach
the most needy, the most dispossessed, the most forgotten people in society no matter how
difficult the challenge that choice may bring.
4. Determination — Determination that is characterized by an attitude that with faith, steadfast
commitment, patience, and optimism, human beings can prevail against all odds.
5. Non-Violence— Invoking non-violence as the most powerful tool for achieving
social/economic justice and equality; action that requires boldness and courage versus
meekness and passivity.
6. Acceptance of all People —An essential ingredient for success in organizing diverse forces
to achieve social change, create community, and actualize democracy is the acceptance of all
people; an absolutely indispensable necessity to the well-being of this country.
7. Respect for Life and the Environment— Respect that holds as sacred the land, the people,
and all other forms of life.
8. Celebrating Community - Sharing the joyous and respectful expression of cultural diversity
through the reinforcement of the values of equity and responsibility to and for one another.
9. Knowledge - The pursuit of self-directed learning and the development of critical thinking and
constructive problem solving skills; overcoming ignorance through education.
10. Innovation —A creative capacity to find pragmatic strategies and tactics to resolve problems
and situations that often seen insurmountable to others.
1
Exhibit `'B"'
Cesar E. Chavez Quotes
11. Service to Others
"When we are really honest with ourselves we must admit that our lives are all that really belong to us.
So, it is how we use our lives, that determines what kind of[people] we are. It is my deepest belief that
only by giving our lives do we find life."
12. Sacrifice
"I am convinced that the truest act of courage, the strongest act of manliness, is to sacrifice ourselves
for others in a totally non-violent struggle for justice. To be [human] is to suffer for others. God help us
to be human."
13.A Preference to Help the Most Needy
"We are tired of words, of betrayals, of indifference ...the years are gone when the farm worker said
nothing and did nothing to help himself...Now we have new faith. Through our strong will, our
movement is changing these conditions...We shall be heard."
14. Determination
"We draw our strength from the very despair in which we have been forced to live. We shall endure."
15. Non-Violence
"Non-violence is not inaction. It is not discussion. It is not for the timid or weak ... Non-violence is hard
work. It is the willingness to sacrifice. It is the patience to win."
16. Acceptance
"We need to help students and parents cherish and preserve the ethnic and cultural diversity that
nourishes and strengthens ... this nation."
17. Respect for Life and the Environment
"However important the struggle is and however much misery and poverty and degradation exists we
know that it cannot be more important than one human life."
18. Community
"We cannot seek achievement for ourselves and forget about progress and prosperity for our community
... Our ambitions._must be broad enough to include the aspirations and needs of others, for their sakes
and for our own."
19.Knowledge
"Students must have initiative; they should not be mere imitators. They must learn to think and act for
themselves and be free."
20. Innovation
"A lasting organization is one in which people will continue to build, develop and move when you are not
there."
2
Exhibit "A"
2007 TEMPLATE:
. : • • OF
AGREEMENT
During the application process
decision makers within your organization review the terms of this agreement . notify
requests of any questions or concerns. If you have
perceived adjustments as minor, please bring these requests
Services Coordinator.
We . . not require you to sign this document until a project confirmed.
. :O• -. text
ed by information specific to your project.
THIS KaB00M! COMMUNITY PARTNER AGREEMENT is made this 22nd day of January, 2007 by and between
KaB00M!and The City of San Bernardino.
RECITALS
WHEREAS KaB00M!is a non-profit organization chartered in the District of Columbia and organized as a 501(c)3
by determination of the Internal Revenue Service;
WHEREAS KaB00M! is an organization that develops, manages and coordinates a community-building
playground for its Community and Funding Partners,culminating in a one-day installation event known as a"Build Day",-
WHEREAS The City of San Bernardino is entering into a written agreement with KaB00M! for services to plan,
design and construct a community-build playground("Program");
WHEREAS KaI300M! 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 THE CITY OF SAN BERNARDINO
1
�rns,> ` o4 7nk r r,vr to -anv a ,,,d,s ; . •
World
Exhibit "A"
1.1. The City of San Bernardino agrees to be the Community Partner organization("Community Partner")for the Name
of Funding Partner playground project at Irvington and Palm Ave.intersection.
1.2. The City of San Bernardino 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. Asa Community Partner for a KaBOOM!community-build playground project,The City of San Bernardino will
work with KaBOOM!, Name of Funding Partner,and community residents to design,plan and build a community
playground. All parties will work closely together to ensure a successful, productive,and fun event.
1.3.1. The Community Partner agrees to host a KaBOOM!-facilitated Design Day with at least 10 adults and 20
children. The adults will remain engaged in planning activities throughout the Design Day to Build Day
planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 10-15 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 150-200 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,The City of San Bernardino is responsible for contributing$7,500 to the playground
project.
1.4.1. All funds will be applied directly toward purchasing playground equipment.
1.4.2. Upon receipt of this signed agreement, KaBOOM!will invoice The City of San Bernardino for the full
amount of this contribution, and it will be due at least 30 days before the Build Day Saturday, March 31,
2007.
1.4.3. If The City of San Bernardino 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,The City of San Bernardino 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 The City of San Bernardino within
120 days after the Build Day.
1.5. The Build Day must occur in calendar year Saturday,March 31,2007.
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.
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www.kaboom.org The Power to Change a Child's World
Exhibit "A"
1.5.1.1. The decision to postpone a Build Day shall be reached through discussion,collaboration and
majority agreement by KaB00M!,the Community Partner and the Funding Partner,each
represented by a person authorized by each party.
1.5.1.2. The sole exception to mutual decision-making and majority agreement shall be when the decision
must be made immediately and solely by KaB00M!on the construction site in absence of
authorized representatives of the Community Partner and the Funding Partner being available.
1.5.1.3. The authorized representatives are defined as those individuals who have signed this Agreement,
and the Agreement between KaB00M! and the Funding Partner,or their designates.
1.5.2. In the event that the Build Date is cancelled or changed solely by The City of San Bernardino, The City of
San Bernardino shall be deemed liable for damages to KaB00M!and Funding Partner for any equipment
costs,labor and materials and any additional expenses related to the Program,such as airfare and general
supplies.
1.5.3. In the event of a Build Day postponement,KaB00M!shall collaborate with the Community Partner and the
Funding Partner to issue a Memo of Understanding (MOU)that outlines a plan for rescheduling the Build
Day.
1.5.3.1. The MOU shall outline any additional expenses related to the rescheduled Build Day,and the
party or parties responsible for covering the additional expenses.These expenses may include, but
are not limited to,equipment storage,security,equipment shipment,and KaB00M!travel and
hotel expenses.
1.5.3.2. The MOU shall identify the next-earliest possible date for the Build Day, based on the availability of
open dates on the KaB00M!program calendar,the availability of the Community Partner to
participate in the project,and the availability of the Funding Partner to participate in the project.
1.6. The City of San Bernardino shall attach documentation to this Agreement showing proof of land ownership
evidenced by a deed granting title of the property to The City of San Bernardino 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),The City of San Bernardino will maintain the property before and after the
build to ensure a safe and attractive play area.
1.7. The City of San Bernardino shall collaborate with KaB00M!during the planning of this Project to develop a
maintenance program for the playground that will be implemented by The City of San Bernardino upon completion
of the playground installation.
1.8. The City of San Bernardino is self-insured and The City of San Bernardino is responsible for providing coverage
for its own employees and for any accidents arising out of the equipment.
1.9. The City of San Bernardino 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. The City of San Bernardino 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*od(s)when site preparation occurs on the playground site,and until the conclusion
of the Build Day.
1.11. The City of San Bernardino is responsible for ensuring the playground site is safe for volunteers and children.
1.11.1. The City of San Bernardino is responsible for conducting up to two utility site checks as reasonably
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www.kaboom.org The Power to Change a Child's World
Exhibit "A"
requested by KaBOOM!with the appropriate utility companies between two and eight weeks prior to the
Build Day. Documentation of the utility checks must be provided to the KaBOOM!Project Manager upon
completion.
1.11.2. The City of San Bernardino is responsible for conducting up to two soil site tests as reasonably requested
by KaBOOM!between two and ten weeks prior to the Build Day. Documentation of the soil checks must be
provided to the KaBOOM!Project Manager upon completion. The City of San Bernardino is responsible for
undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers.
1.12. The City of San Bernardino 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. The City of San Bernardino is solely responsible for any additional costs beyond the proposed playground project
budget. KaBOOM!is not responsible for paying any vendors for any prior site preparation, upgrades or
improvements not agreed upon with KaBOOM!. If Community Partner decides to purchase additional equipment
or materials to supplement materials secured by KaBOOM!,then the Community Partner is solely responsible for
paying for the materials and all other liabilities related to such materials. Neither KaBOOM!nor its Funding
Partner(s)shall be liable for payment. Community Partner will hold KaBOOM!and the Funding Partner harmless
of any payments or liability with respect to the additional items ordered.
1.14. The City of San Bernardino 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. The City of San
Bernardino 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. The City of San Bernardino 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 The City of San Bernardino's application
process. Playground signage is 12'/4 inches wide by 30'/4 inches tall and mounted on poles designed to match
the playground components in color and design. The sign will be erected in a mutually agreed upon location and
in accordance with the Community Partners 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. The City of San Bernardino 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.
2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee.
4
www.kaboorn.org The Power to Change a Child's World ;%V- Z
Exhibit "A"
2.1.4. Lead the Build Day activities,including the coordination of Build Day captains and volunteers.
2.1.5. Provide educational and promotional materials to support the playground project,including the KaB00M!
Tool Kit of publications(4-book set),KaB00M!online Playground Planner,nametags and other general
supplies.
2.1.6. Provide for and coordinate the participation of the Funding Partner, Name of Funding Partner, which has
committed to provide KaB00M!with financial,human and/or in-kind resources to bring to fruition the
playground project with The City of San Bemardino.
2.2. KaB00M!(in collaboration with The City of San Bemardino),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. The City of San Bemardino acknowledges that neither KaB00M!or Funding Partner nor their
respective officers,directors,employees,or agents have made or are in any way responsible or liable for action,
inaction or negligence of the CPSI and The City of San Bemardino agrees to look solely to the CPSI for any such
liability,costs or expenses which arise out of the CPSI's action,inaction or negligence.
2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaB00M! assumes responsibility for
the playground construction going beyond one day,at the conclusion of the installation.
222. In accordance with Section 4,The City of San Bemardino shall be solely responsible for any injury,
property damage,or death which occurs in connection with the playground after review of the playground is
completed.
2.2.3. In accordance with Section 4,in the event that the Build Day is delayed or not completed on the scheduled
day due to failure of The City of San Bemardino to meet the terms of this Agreement,then The City of San
Bemardino will be responsible for securing a CPSI to review the playground.
3. FUNDING PARTNER RELATIONS
3.1. KaB00M!has a separate agreement with a KaB00M! Funding Partner, NAME OF FUNDING PARTNER
("Funding Partner"),whose contributions to KaB00M!are helping to make this Project possible.
3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the
products or services of the Funding Partner.
3.2.1. For the purposes of this Agreement, sponsors are defined as individuals,businesses or philanthropic
organizations that contribute funding or in-kind gifts to this Project in exchange for certain rights to promote
their affiliation with this Project to the general public,including but not limited to public name recognition via
this playground project's signs,T-shirts,media materials and public-address systems. Conversely,donors
are individuals or groups whose gifts to this Project require personal acknowledgement only, such as thank-
you letters.
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 KaB00M!shall consider recognition on a case-by-case basis.
4. OWNERSHIP AND LIABILITY
4.1. The Community Partner is the owner of the playground in its entirety,for the lifetime of the playground, including
the equipment and/or safety surfacing purchased by KaB00M!and/or its Funding Partner(s).
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www.kaboom.org The Power to Change a Child's World
Exhibit"A"
4.2. It is agreed that The City of San Bernardino will indemnify and hold harmless KaB00M!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 property damages resulting from
the use of any playground property and equipment,except to the extent resulting from any willful misconduct of
KaB00M!and/or the KaB00M! 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 representative/installer will certify that the playground was installed to
manufacturer's specifications at the end of the Build Day.
4.3.1. Notwithstanding the foregoing,The City of San Bernardino shall be solely responsible for the playground
and its equipment upon certification of the playground.
4.3.2. The City of San Bernardino shall be responsible for securing safety measures of the playground to prevent
injury, death,or property damages in the unlikely event that the playground is not completely constructed,
and all equipment fully installed, at the conclusion of the Build Day and once KaB00M! and/or the CPSI
leave the playground site.
4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all
equipment fully installed at the conclusion of the Build Day, The City of San Bernardino shall be responsible
for completing the installation of the playground in accordance with the specified guidelines with the
assistance of the CPSI and/or the manufacturer's representatives,facilitated by KaB00M!. The City of
San Bernardino shall be solely responsible for any injuries,death,or property damage that arises out of
The City of San Bernardino's completion of such installation.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of The City of San
Bernardino. 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 Playworid Systems Inc.,the provider of its playground
equipment,or via its KaB00M! 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 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,The City of San Bernardino
acknowledges that neither KaB00M!or Funding Partner nor their respective officers,directors,employees or
agents,have made nor are in any manner responsible or liable for any warranty,representation,or guarantee,
express or implied, in fact or in law, relative to any equipment or material,including but not limited to its quality,
mechanical condition or fitness for a particular purpose. Any warranties and/or guarantees on any equipment or
material are subject to the respective manufacturer's terms therefore,and The City of San Bernardino 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:
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www.kaboom.org The Power to Change a Chlld's World
Exhibit "A"
To: Helen Zimmerman, Manager Contracts&Risk Management
KaBOOM!
4455 Connecticut Ave., NW, Suite 8100
Washington, DC 20008 USA
202-659-0215
Copy To: Tiffiney Carney,Client Services Coordinator
(use same KaBOOM!address above)
To Corporation: THE MAYOR OF THE CITY OF SAN BERNARDINO
THE CITY OF SAN BERNARDINO
300 N. D St.
San Bernardino, CA 92418
(909)384-5133
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.
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 parry shall not be liable under this Agreement for said delay or failure."Force
Majeure"means any cause beyond the reasonable control of a party,including, but not limited to acts of God,acts
of omission of civil or military authorities of a state or nation,fire,strike,flood, riot,act of terrorism,war,delay of
transportation,or inability due to the aforementioned causes to obtain necessary labor, materials or facilities.
Either party,however,may terminate this Agreement if the other is unable to perform any obligation under the
Agreement for a period longer than ten(10)calendar days due to such a force majeure event. In the event of any
such termination,KaBOOM!shall refund to the Community Partner any monies paid to KaBOOM!,less expenses
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www.kaboom.org The Power to Change a Child's World
Exhibit "A"
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.
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www.kaboom.org The Power to Change a Child's World
;-W. -
Exhibit"A"
IN WITNESS WHEREOF,this Agreement has been executed by the parties as of the day and year first above written.
By signing this Agreement, The City of San Bernardino 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 The City of San Bernardino to make this playground a
reality.
Date Terms agreed to: Date Terms agreed to:
By: `'_�Cc By:
[Tobin Brinker, Mayor Pro Tern Bruce Bowman
(City of San Bernardino Chief Operating Officer
Authorized Signature for The City of San Bernardino Phone number: (202)464-6061
Phone Number: (909)384-5133 Fax number: (202)659-0210
Fax Number: (909) 384-5067 Email address: bbowman @kaboom.org
Email Address: mords_pa @sbcity.org
The City of San Bernardino KaBOOM!
300 N. D St. 4455 Connecticut Ave, NW Suite 8100
San Bernardino, CA 92418 Washington, DC 20008
Contact information for the person who should receive KaBOOM! invoices:
Name: Walter Nelson Telephone Number: (909)384-5132
Mailing Address: 547 N. Sierra Way, San Bernardino, CA Fax Number: (909)384-5160
92410-4816
Email Address: nelson—wa@sbcity.org
Attachments: Welcome Packet
Playworld Systems Inc. Playground Equipment Warranty(sample)
Copy: Brian Crowley, Interim Vice President of Administrative Services
Name of Funding Partner Contact
KaBOOM!Project Archives
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Now
Exhibit "B"
p,V E Z
G� GG
N a CESAR E. CHAVEZ' CORE VALUES
o
� r
1. Service to Others — Service that is predicated on empowering others; engendering self-help,
self-determination, and self-sufficiency versus charity.
2. Sacrifice — Sacrifice that is spiritual; that is courageous and steadfast in its willingness to
endure great hardship for others.
3. A Preference to Help the Most Needy —A concerted effort to support programs that reach
the most needy, the most dispossessed, the most forgotten people in society no matter how
difficult the challenge that choice may bring.
4. Determination — Determination that is characterized by an attitude that with faith, steadfast
commitment, patience, and optimism, human beings can prevail against all odds.
5. Non-Violence — Invoking non-violence as the most powerful tool for achieving
social/economic justice and equality; action that requires boldness and courage versus
meekness and passivity.
6. Acceptance of all People —An essential ingredient for success in organizing diverse forces
to achieve social change, create community, and actualize democracy is the acceptance of all
people; an absolutely indispensable necessity to the well-being of this country.
7. Respect for Life and the Environment— Respect that holds as sacred the land, the people,
and all other forms of life.
8. Celebrating Community - Sharing the joyous and respectful expression of cultural diversity
through the reinforcement of the values of equity and responsibility to and for one another.
9. Knowledge - The pursuit of self-directed learning and the development of critical thinking and
constructive problem solving skills; overcoming ignorance through education.
10. Innovation —A creative capacity to find pragmatic strategies and tactics to resolve problems
and situations that often seen insurmountable to others.
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Exhibit "B"
Cesar E. Chavez Quotes
11. Service to Others
"When we are really honest with ourselves we must admit that our lives are all that really belong to us.
So, it is how we use our lives, that determines what kind of[people] we are. It is my deepest belief that
only by giving our lives do we find life."
12. Sacrifice
"I am convinced that the truest act of courage, the strongest act of manliness, is to sacrifice ourselves
for others in a totally non-violent struggle for justice. To be [human] is to suffer for others. God help us
to be human."
13.A Preference to Help the Most Needy
"We are tired of words, of betrayals, of indifference ...the years are gone when the farm worker said
nothing and did nothing to help himself...Now we have new faith. Through our strong will, our
movement is changing these conditions...We shall be heard."
14. Determination
"We draw our strength from the very despair in which we have been forced to live. We shall endure."
15. Non-Violence
"Non-violence is not inaction. It is not discussion. It is not for the timid or weak ... Non-violence is hard
work. It is the willingness to sacrifice. It is the patience to win."
16.Acceptance
"We need to help students and parents cherish and preserve the ethnic and cultural diversity that
nourishes and strengthens ... this nation."
17. Respect for Life and the Environment
"However important the struggle is and however much misery and poverty and degradation exists we
know that it cannot be more important than one human life."
18. Community
"We cannot seek achievement for ourselves and forget about progress and prosperity for our community
... Our ambitions_must be broad enough to include the aspirations and needs of others, for their sakes
and for our own."
19. Knowledge
"Students must have initiative; they should not be mere imitators. They must learn to think and act for
themselves and be free."
20. Innovation
"A lasting organization is one in which people will continue to build, develop and move when you are not
there."
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