HomeMy WebLinkAbout18-Parks and Recreation
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL QgJl~~N 1\ L
From: Kevin Hawkins, Director
Subject: Resolution authorizing execution of a
KaBOOM! Outreach Statement and a
Letter of Agreement for a community-
build playground to be constructed at
Ruben Campos Community Center
located in Nunez Park.
Dept: Parks, Recreation & Community
Services Dept.
Date: October 29, 2008
Synopsis of Previous Council Action:
MICC Meeting Date: Nov. 3, 2008
Recommended motion:
Adopt Resolution.
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Signature
v
Contact person: Kevin Hawkins
Phone: 384-5233
Supporting data attached: Yes
Ward: I
Council Notes:
FUNDING REQUIREMENTS: Amount: $10.000 from fundraisinQ
activities.
Estimated value of equipment
donated by funding partner - $40,000
$4,600 - Special Event Policy
Source: (Accl. No.) 629-453-5161
(Accl. Description)
Finance:
hs-o 200?-4/Q
Agenda Item No. I fJ
tI-'g-O&
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing
the Interim City Manager to execute a KaBOOM! Outreach Statement and a Letter of
Agreement with KaBOOM! for a community-build playground to be constructed at Ruben
Campos Community Center located in Nunez Park.
Back2round:
On March 29, 2008, the City participated in a successful KaBOOM! playground build at
Lytle Creek Park. More than 500 volunteers (including children) participated during the
build day activities, which included not only construction of the playground, but a number
of side projects as well. Julio Salcedo, Lytle Creek Community Center Manager, has
reported a number of very positive unanticipated benefits at the Center, including the
doubling of the number of youth attending programs at the community center to over one
hundred per day. Area teenagers have created the "Lytle Creek Community Service Club"
with a current roster of ten members; this group has taken on projects to improve the park
and to encourage a healthier, cleaner environment. In addition, the long abandoned area
Neighborhood Association resumed their meetings. The community center manager has
reported that there have been significantly reduced incidents of graffiti activity at the park
since the KaBOOM! build day on March 29th
On July 30, 2008, the City partnered with the Boys and Girls Club of San Bernardino and
KaBOOM! for another successful community playground build at Delmann Heights Park.
Staff was contacted again by KaBOOM! on October 8, 2008, apprising them of another
playground build opportunity in the Inland Empire. Staff was made aware of the very short
turn around time for submittal of an application. Following staffs analysis of the City's
most pressing need for another playground, it was determined that Nunez Park presented
an excellent opportunity for a community build that provides not only much needed
playground equipment, but also the mobilization of neighborhood groups to sustain the
investment at that location.
On October 29, 2008, the Parks, Recreation and Community Service Department was
notified that the community-build playground project at the Ruben Campos Community
Center has been selected for construction. Design Day will take place on Thursday,
November 6, 2008, and Build Day is slated for Thursday, December I I, 2008. The
funding partner for the project is The Home Depot.
The next step in the grant process calls for the execution of the KaBOOM! Outreach
Statement (attached - Exhibit "A") and the Letter of Agreement (Exhibit "B").
The KaBOOM! Outreach Statement attests to the fact that the City will be responsible for
the following:
I) Fundraising $10,000 toward the cost of equipment;
2) Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on
Build Day;
3) Recruiting 75-100 volunteers from the community to participate on Build Day, and
between 10 and 20 parents to participate in the planning process;
4) Providing land and site preparation two weeks prior to Build Day to result in a flat dirt
surface measuring at least 2,500 square feet;
5) Perform up to two utility checks during the planning process;
6) Perform a soil test for lead and arsenic that is completed within two weeks of Design Day;
7) Utilizing a supervised volunteer installation;
8) Accepting liability for and maintaining the playground upon completion;
9) Using Playworld Systems equipment; and
10) Using engineered wood fiber for safety surfacing.
In order to further reduce any potential liability exposure connected with the build, it has been
recommended by the City's risk manager to purchase a special events insurance policy, which
has proved more than sufficient for the previous two KaBOOM! community-build playground
projects.
Financial Impact:
The Home Depot, the project funding partner, will provide funding for all but the $10,000
to be fundraised by the City. The total project cost is estimated at $40,000 for the
playspace equipment to be installed by volunteers on Build Day. It is also recommended
that the $4,600 special event policy be purchased which will provide approximately $1
million in liability coverage.
Recommendation:
Adopt Resolution.
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk@kaboomorg OR FAX TO: 202-659-0210
Contact Information Date October 10, 2008
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Organization Name: City of San Bernardino
Mailing Address: 201A No. "F Street
City: San Bernardino County San Bernardino State:
Phone Number: (909\ 384-5233 Fax Number:
Web site (if applicable): www.sbcitv.ora
Address of Playground Site (if different than mailing address):
CA 92410
Provide two points of contact Project planning is time consuming, so be sure that one contact is
someone who has authority to make decisions and execute on commitments promptly.
CA Zip
(9091384-5160
92418
1717 W. 5th Street. San Bernardino
. Primary Contact Name and Title:
Partnerships and Initiatives
Phone and Email:
Cell Phone (optional):
. Secondary Contact Name and Title:
Nick Gonzalez Assistant to the Mavor/Neiahborhood
(909\ 384-5133
Gonzalez Ni@SBCitV.ora
Jan Waaes I Sr. Administrative Analvst
(If the primary contact is not available, this individual would serve as the point person for the project)
Phone and Email:
(909\ 384-5032
(909\ 556-3024
Waf.!es .Ia!(T'SnCitv.orf.!
Cell Phone (optional):
Orqanization Information
1. Describe your organization's mission, history, and vision. Address the following points
separately:
. When was your organization founded?
. When were you incorporated (if applicable)? If you are not incorporated, do you have plans to
incorporate?
. Do you have nonprofit status?
. Is your organization religiously affiliated?
The City of San Bernardino was incorporated on April 13, 1854, and was subsequently unincorporated
on March 6, 1864. Reincorporation took place on August 10, 1886.
The mission of the City of San Bernardino Parks, Recreation and Community Services Department is to
"Create Community through People, Parks and Programs". We accomplish our mission by responding
to the community with quality programs, services, facilities and parks, thereby meeting the recreational,
cultural, educational, artistic, and social needs of our community.
2. How much funding does your organization receive from each of the following sources:
%
The Power to Change a Child's World ..
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO swilk@kaboom.org OR FAX TO 202-659-0210
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%
%
%
%
$
3. Describe your organization's plans or vision for this site and include any plans around the
playground space over the next 5-15 years (the lifetime of playground equipment is
estimated as at least 15 years).
The Ruben Campos Community Center at Nunez Park is in need of new playground
equipment. There are many children in the area that could benefit physically and mentally from
the activities that a playground offers. The playground can potentially serve all members of the
family, because while the children play and take advantage of the playground, parents,
grandparents and other family members can interact with each other while supervising their
little loved ones. It is anticipated that a new playground in this community will result in a
significant increase in family interaction and a concomitant reduction in crime. As gang
members and others see more families at our park, they will be less inclined to engage in illegal
activity. Also, if parents have a safe place to take their children to engage in physical activity
they will grow accustomed to spending quality family time together.
4. Do you currently carry insurance that would cover a playground on your site? If so, describe
your level and type of coverage.
The City of San Bernardino is self-insured for the first $1,000,000, and has purchased Excess
Insurance for another $25,000,000.
Plavqround & Site Information
5. How many children are served at your site? Daily 100
Annually 10,000 - 12,000
Other (describe)
6. Is your site open to the general public? Yes X No
7. Provide the following information about the children you serve:
The Power to Change a Child's World __
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk@kaboomorg OR FAX TO: 202-659-0210
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Under 2
3.9%
African American
17.3%
2-5
11.5%
Hispanic
74.09%
6-12
60.7%
Asian & Pacific Islander
1.7%
13 and up
23.9%
Caucasian
4.7%
Other
1.8%
8. Provide the following statistics (describe how you gathered this information):
. The number of children at your site enrolled in federal free or reduced lunch programs.
. The average annual income of the families served by your organization.
o Other (Example: Scholarship infonmation for children enrolled at your site)
About 98% of the children we serve at the site daily are registered or qualify for the federal free
and reduced cost lunch program. We gathered this data by reviewing the data of our two local
schools, Ramona Elementary and Arroyo High School, and the number of children registered
with the school. Also, our site runs a daily free lunch program for our children who are off-track
at the schools.
The annual average income of area families is less than $24,474. This data was gathered by
reviewing 2000 and 2005 census track statistics on population and housing.
9. Is there a playground on site? Yes X No
Having playground equipment on site does not exclude your group from consideration for a
project, but KaBOOM! must provide accurate information to our Funding Partners. If you have
existing equipment, answer the following questions and submit photos of the equipment:
The Power to ChanQe a Child's World ..
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk@kaboom.org OR FAX TO: 202-659-0210
. When was it built?
. Do you know the manufacturer?
. Is your current equipment made of wood, metal or plastics?
. Is there any sort of safety surfacing is in place (wood chips, rubber mats)?
. Will a new playground replace or augment your existing equipment?
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There is an existing playground at Nunez Park; the construction date and manufacturer of the
existing equipment is unknown. The existing equipment is dated and worn, but is still usable.
Community Center staff would like to see new playground equipment at a location closer to
other youth oriented activities within the park, such as the ball field and the new synthetic turf
soccer field. The proposed playground at that location could also be monitored from the
community center.
10. List all playgrounds that currently exist within a 2 mile radius of your site, and describe what,
if any, access the children you serve have to these playgrounds. Specifically describe any
playground equipment visible from your site.
There is another small playground located at the Ramona Elementary School; however, the
school site is a closed campus which means that it is only available to students during school
hours.
11.00 you own the land where you would like to build a playground? Yes X No
If not, provide contact information for the landowner, and can you provide documentation of
permission to build a playground on site?
Landowner Name Phone/Email
Community Buildina
12. Describe how community members are supporting your efforts to build a playground, and
how many people are currently involved in this project? List or describe any groups
(families, community members, others) that will help guide your Playground Project.
Staff at the Ruben Campos Community Center feels strongly that this project would be a
wonderful way for the community to become involved in improving their local community center,
as well as providing a sense of ownership. Ruben Campos Center staff would be able to solicit
help from the EI Sol Learning Center as well as community center participants. These
participants include a community service club, morning and evening aerobics classes, local
churches and schools, and city employees. Assistance would also be solicited from local
community members who would love to have a positive impact on the community center.
13. Describe how a new playground would impact your organization and the children you
serve.
Through the programs that the Ruben Campos Community Center offers to its participants, we
have been able to build an outstanding relationship with parents and community members.
The Power to Change a Child's World __
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk@kaboom.org OR FAX TO: 202-659-0210
Programs like "Kids Camp" allow parents to build trust and connect with center staff. Programs
such as the Community Service Club have allowed volunteers to build a bond with the Ruben
Campos Community Center, providing all in our community a place they can call their own.
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Staff feels that the playground project would further foster positive relationships in the local
community. This community-building activity would take the residents to a new level of
community pride and community involvement, one in which they are actively engaged in the
decisions that will affect their community
14.A playground can be a gathering place for children, families and events such as picnics,
clean-ups, and celebrations. How do you envision your playground being used?
Having a KaBOOM! Build at our center would bring continued joy to our community. This would
be more than "just a playground" for our children; it would greatly enhance the other park
amenities.
We envision the playground as providing a place for healthy exercise, interaction and
enjoyment. We see a healthy atmosphere where children, parents, grandparents, aunts,
uncles, and neighbors can have a good time in a safe environment, within walking distance
from their homes.
15. Describe what would make your playground project a success lie: community involvement,
media coverage, etc.]?
Based upon the City's recent experiences with the KaBOOM! builds at the Lytle Creek
Community Center and at the Delmann Heights Boys and Girls Club, we are confident that
there will be an outstanding level of community involvement and positive media coverage. This
playground project would be considered a success when all of the community members are
made aware of the event, and given the opportunity to lend a helping hand.
Letter of Agreement
If your organization is selected for a playground project, you would be required to sign a
contract with the following commitments (including but not limited to):
. Ownership of the land or proof of a long term lease and authorization to build a playground
. Proof of insurance covering the playground Build Day and for one year following the build
. Recruitment of volunteers for planning committee and Build Day
. Agreement to maintain the playground
. Commitment to pay the financial contribution one month prior to the Build Date
. Commitment to complete any needed site preparation including grading or removal of old
equipment
The Power to Change a Child's World ....
Playground Profile Application
Submit your responses in one of the following ways:
BY EMAIL TO: swilk@kaboom.org OR FAX TO: 202-659-0210
16. Who would sign a contract for your organization?
Name Mark Weinbera, Interim City Manaaer Phone/Email (909) 384-5122
Weinbera Ma@SBCitv.ora
What process, if any, must contracts go through to be approved for signature? How long
will it take to get a contract signed, and would any other groups need to be involved in
contract approval?
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The Grants Ad Hoc Committee will review first; next it will go to the City Attorney's Office for
review, then it will go to the City Council for authorization. Once Council has authorized
execution of the contract, it should take only a couple of weeks to get it out to KaBoom! for
signature.
18. What is the name and title of the person filling out this application?
Name Jan Waaes, Sr. Admin Analvst Phone/Email (909) 384-5032 Wages Jal{/;SBCitv.org
19.
The following materials are required:
. Photos of your site (ideally digital) that show the space available and give us a sense of the
general area as well as
. Photos of any playgrounds visible from your site
. A map (this can be hand drawn) that shows the dimensions of the playground site and other
information such as access points into the site
. A list of board members [required if applicable]
The followinOl1laterials are sUfjgested
. A letter from your Executive Director or Board Chair expressing their commitment to the success
of this project
. A letter or e-mail from at least one parent who will help with planning your project
Finally, before submitting your application materials we require that you register on the
KaBOOM! Web Portal at _.kaboom.ora.
The KaBOOM! Web Portal, www.kaboom.orq, is a free registration based online community providing
community-leaders with information, insight and interactive tools related to play. The Web Portal is a
resource with an array of components made to satisfy many playmakers interests. From participating in
online forums and creating local websites dedicated to the preliminary and/or completed stages of
your project, to accruing badges based on your community leadership experiences and receiving e-
alerts targeted to personal play interests, the Web Portal is the ultimate playspace for advocates of play.
If you have any questions as you compile your application materials, feel free to contact your Client
Services Team contact!
The Power to ChanQe a Child's World ~
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE INTERIM CITY MANAGER TO
EXECUTE A KABOOM! OUTREACH STATEMENT AND A LETTER OF
AGREEMENT WITH KABOOM! FOR A COMMUNITY-BUILD PLAYGROUND TO
BE CONSTRUCTED AT RUBEN CAMPOS COMMUNITY CENTER LOCATED AT
NUNEZ PARK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. That the Interim City Manager is hereby authorized to execute a
KaBOOM! Outreach Statement, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at length; and
SECTION 2. That the Interim City Manager is hereby authorized to execute a Letter of
Agreement with KaBOOM!, a copy of which is attached hereto, marked Exhibit "B" and
incorporated herein by reference as fully as though set forth at length.; and
SECTION 3. That the authorization granted hereunder shall expire and be void and of
no further effect if the above referenced documents are not executed and returned to the Office
of the City Clerk within thirty (30) days following the effective date of the Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE INTERIM CITY MANAGER TO
EXECUTE A KABOOM! OUTREACH STATEMENT AND A LETTER OF
AGREEMENT WITH KABOOM! FOR A COMMUNITY-BUILD PLAYGROUND TO
BE CONSTRUCTED AT RUBEN CAMPOS COMMUNITY CENTER LOCATED AT
NUNEZ PARK.
J HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held on the _
day of
, 2008, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
McCAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
Dp~ 6 11~ fU~~f
James F. Penman, Ci ttorney
r:!z-~ zZ IC/LJ} ~-^- .
II
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KaBOOM! Outreach Statement
My signature below confirms that I have spoken with KaBOOMI Client
Services representatives and understand that if my organization is
selected for a KaBOOMI project, we will be responsible for the following:
(Please initial each line)
Fundraising $10,000 USD toward the cost of equipment
Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on
Build Day
Recruiting 75-100 volunteers from the community to participate on Build Day, and
between 10 and 20 parents to participate in the planning process.
Providing land and site preparation two weeks prior Build Day to result in a flat dirt
surface measuring at least 2,500 square feet.
Perfonm up to two utility checks with the first being completed within two weeks of
Design Day.
Perfonm up to two soil tests for lead and arsenic with the first being completed within two
weeks of Design Day
Using a supervised volunteer installation
Accepting liability for and maintaining the playground upon completion
Using Playworld Systems equipment
Using engineered wood fiber for safety surfacing
Signing this Outreach Statement signifies that all involved parties
(including person responsible for signing final Letter of Agreement)
have reviewed the Draft Letter of Agreement and are prepared to sign
the official contract within three calendar days of being chosen for a
KaBOOM! playground project.
City of San Bernardino
Name of Organization
Mark Weinberg, Interim City Manager
Name and Title of Person that will be signing the contract (please print)
Authorized Signature
Date
Nir.k Gnn7::11F!7 A~!=;i~t::lnt tn the M::Iyor/Neighborhnnd P:1rtnp.r~hip~ ::Iod Injti::ltiVF!~
Name and Title of Main Contact Person (if different from above)
Signature of Main Contact Person
Date
300 No. "D" Street San Bernardino, CA 92418
Address
(909) 384-5133
Phone number
Notes/Exceptions:
Please sign and fax back to 202-659-0210
. eo '\.8-11 in.gtOn, DO
A ....,..UT suite B100
44.55 Connecticut ve. .lHY.
Chicago,IL
DC 20008 . tel 202.659.0215
. Washington,
Atlan:ta, GA
Exhibit "B"
,.
San Mateo, ....
. fax 202.659.0210
THIS KaBOOM! COMMUNITY PARTNER AGREEMENT is made this 29th day of October, 2008
by and between KaBOOM! and the City of San Bernardino.
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 I 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 KaBOOM! for
services to plan, design and construct a community-build playground ("Program");
WHEREAS KaBOOM! has received charitable support from THE HOME DEPOT ("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 City of San Bernardino
1.1. City of San Bernardino agrees to be the Community Partner organization ("Community Partner")
for The Home Depot playground project at Nunez Park, 1717 West 5~ Street, San Bernardino, CA
92410.
1.2. 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. As a Community Partner for a KaBOOM! community-build playground project, City of San
Bernardino will work with KaBOOM', The Home Depot, 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 KaBOOMLfacilitated Design Day with at least 20-
30 adults and 20-30 children. The adults will remain engaged in planning activities
throughout the Design Day to Build Day planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 12-15 adult volunteers for
preparation activities two to three days prior to Build Day playground installation.
1.3.3. The Community Partner agrees to recruit and secure at least 75 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
"CP" Letter of Agreement
October 29, 2008
2
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, City of San Bemardino is responsible for contributing $10,000 to the
playground project.
1.4.1. All funds will be applied directly toward purchasing playground equipment.
14.2. Upon receipt of this signed agreement, KaBOOM! will invoice City of San Bernardino for the
full amount of this conlribution, and it will be due at least 30 days before the Build Day on
December 11, 2008.
1.4.3. If City of San Bernardino does not make payment as outlined in Section 1.4.2, KaBOOMI
reserves the right, without waiving any other rights and remedies, to cancel the build.
1.43.1. 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, 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
City of San Bernardino within 120 days after the Build Day.
1.5. The Build Day must occur in calendar year 2008 on Thursday, December 11, 2008.
1.5.1. The Build Day shall not be postponed (defined as delayed, held over or rescheduled) under
any circumstances other than for conditions that jeopardize the safety of the volunteers, or
for unsafe weather conditions that threaten the structural integrity of the playground.
1.5.1.1. The decision to postpone a Build Day shall be reached through discussion,
collaboration and majority agreement by KaBOOM!, the Community Partner and the
Funding Partner, each represented by a person authorized by each party.
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.
15.2. In the event that the Build Date is cancelled or changed solely by City of San Bernardino,
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.
"CP" Letter of Agreement
October 29, 2008
3
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. 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 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), City of
San Bernardino will maintain the property before and after the build to ensure a safe and attractive
play area.
1.7. City of San Bernardino shall collaborate with KaBOOMI during the planning of this Project to
develop a maintenance program for the playground that will be implemented by City of San
Bernardino upon completion of the playground installation.
1 .8. City of San Bernardino is self-insured and City of San Bemardino is responsible for providing
coverage for its own employees and for any accidents arising out of the equipment.
1.9. 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. 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. City of San Bernardino is responsible for ensuring the playground site is safe for volunteers and
children.
1.11.1. City of San Bernardino is responsible for conducting up to two utility site checks as
reasonably requested by KaBOOM! with the appropriate utility companies with the first test
being completed within two weeks of Design Day. Documentation of the utility checks must
be provided to the KaBOOM! Project Manager upon completion.
1.11.2. City of San Bernardino is responsible for conducting up to two soil site tests as
reasonably requested by KaBOOM!, with the first test being completed within two weeks of
Design Day. Documentation of the soil checks must be provided to the KaBOOM' Project
Manager upon completion. City of San Bernardino is responsible for undertaking any
necessary risk mitigation should the soil be deemed unsafe for children or volunteers.
1.12. 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. 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
"CP" Letter of Agreement
October 29, 2008
4
liable for payment Community Partner will hold KaBOOMI and the Funding Partner harmless of
an, ,.ayments or liability with respect to the additional items ordered.
1.14. City of San Bernardino will seek prior approval from KaBOOMI and/or The Home Depot for any
written and/or printed materials that reference the Program and/or contain the logos of KaBOOMI
or The Home Depot, including but not limited to press releases, fliers and promotional materials.
City of San Bernardino will work in collaboration with KaBOOMI and/or The Home Depot 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. City of San Bemardino will allow the names and logos of The Home Depot and KaBOOM! on
permanent playground signage. Playground signage is 12 inches wide and 30 inches tall and
mounted on poles. The sign will be erected in a mutually agreed upon location and in accordance
with the Community Partner's guidelines regarding corporate signage. If the Community Partner
has specific guidelines regarding corporate signage on its property, please attach those guidelines
to this Agreement
1.16 City of San Bemardino understands that the playground will be added to the roster of KaBOOM!
Build Guild and, as such, will receive subsequent information from KaBOOMI 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.
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 A. lead the Build Day activities, including the coordination of Build Day captains and
volunteers.
2.1.5. Provide educational and promotional materials to support the playground project. including
the KaBOOM! Tool Kit of publications (4-book set). KaBOOM! online Playground Planner,
nametags and other general supplies.
2.1.6. Provide for and coordinate the participation of the Funding Partner, The Home Depot, which
has committed to provide KaBOOM! with financial, human and/or in-kind resources to bring
to fruition the playground project with City of San Bemardino.
2.2. KaBOOM! (in collaboration with 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. City of San Bernardino 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 City of San Bernardino 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.
"CP" Letter of Agreement
October 29, 2008
5
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, City of San Bernardino 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.
2.23. 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 City of San Bernardino to meet the tenns of this
Agreement, then City of San Bernardino will be responsible for securing a CPSI to review
the playground.
3. FUNDING PARTNER RELA liONS
3.1. KaBOOMI has a separate agreement with a KaBOOMI Funding Partner, The Home Depot
("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 ProjectJequire personal acknowledgement only, such as thank-you letters.
3.3. In the event the Community Par.~er 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 City of San Bernardino wilt indemnify and hold harmless KaBOOM! and/or the
Funding Partner and their respective officers, directors, employees, or agents from any and alt
claims, costs, expenses (including attorney's fees and disbursements) or actions associated with
this playground project from any claim or action, including but not limited to claims and actions for
personal injury, death, or property damages resulting from the use of any playground property and
equipment, except to the extent resulting from any willful misconduct of KaBOOM! and/or the
KaBOOM! Funding Partner.
4.3. A Certified Playground Safety Inspector will review the playground structure upon completion at
.~,. " ',the end of the scheduled build Day. The manufacturer's representativeflnstaller will certify that the
~""_~' ayground was installed to manufacturer's specifications at the end of the Build Day.
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"CP" Letter of Agreement
October 29, 2008
6
4.3.1. Notwithstanding the foregoing, City of San Bernardino shall be solely responsible for the
playground and its equipment upon certification of the playground.
4.3.2. 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 constnucted, and all equipment fully installed, at the
conclusion of the Build Day and once KaBOOMI and/or the CPSlleave the playground site
4.3.3. In the unlikely event or planned circumstances that the playground is not completely
constructed and all equipment fully installed at the conclusion of the Build Day, 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 KaBOOM!. City of San Bemardino shall be
solely responsible for any injuries, death, or property damage that arises out of 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 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 KaBOOM! 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, City of San Bemardino acknowledges that neither
KaBOOM! or Funding Partner nor their respective officers, directors, employees or agents, have
made nor are in any manner responsible or liable for any warranty, representation, or guarantee,
express or implied, in fact or in law, relative to any equipment or material, including but not limited
to its quality, mechanical condition or fitness for a particular purpose. Any warranties and/or
guarantees on any equipment or material are subject to the respective manufacturer's terms
therefore, and 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:
To:
Helen Zimmerman, Manager Contracts & Risk Management
KaBOOMI
4455 Connecticut Ave., NW, Suite B100
Washington, DC 20008 USA
202-464-6075
Copy To:
Emily Belyea, Client Services Coordinator
(use same KaBOOM! address above)
202-464-6179
To Corporation: Jan Wages
"CP" Letter of Agreement
October 29, 2008
7
City of San Bemardino
201 A No. "E" Street
San Bemardino CA 92418
909-384-5032
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, tegality 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.
68. 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 even!. In the event of any such termination, KaBOOM' shall refund to the
Community Partner any monies paid to KaBOOM!, less expenses already committed to and/or
incurred prior to the date of termination. If, upon termination as provided herein, the sum due
KaBOOM! by Community Partner, exceeds the sum paid to KaBOOM! hereunder, Community
Partner agrees to pay KaBOOM! for any such additional sum due upon presentation of
appropriate documentation within 30 days of invoice.
6.9. Waiver. A waiver by either party of a breach or failure to perform shall not constitute a waiver of
any subsequent breach or failure.
..CP.. Letter of Agreement
October 29, 2008
8
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the day and year first
above written.
By signing this Agreement, 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 KaBOOMI We will then sign the originals, and mail one onginal
and one copy back to you for your files.
KaBOOMI and The Home Depot look forward to working with City of San Bernardino to make this
playground a reality.
Date Terms agreed to:
Date Terms agreed to:
By:
Mark Weinberg
Interim City manager
Authorized Signature for City of San Bernardino
Phone Number: 909-384-5122
Fax number: 909-384-5138
Email Address: Weinberg_ma@sbcity.org
By:
Gerry Megas
Chief Financial Officer
Phone number: (202) 464-6075
Fax number: (202) 659-0210
Email address: hzimmerman@kaboom.org
City of San Bernardino
300 North "0" Street
San Bernardino CA 92418
KaBOOMI
4455 Connecticut Ave, NW Suite B100
Washington, DC 20008
Contact information for the person who should receive KaBOOM! invoices:
Name: Jan Wages Telephone Number: 909-384-5032
Mailing Address:
201A No. "E" Street
San Bernardino CA 92418
Fax number: 909-384-5160
Email Address: Wagesja@sbcity.org
Atlachments: Welcome Packet
Playworld Systems Inc. Playground Equipment Warranty (sample)
.
Copy: KaBOOM! Project Archives
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KaBOOM! Outreach Statement
My signature below confirms that I have spoken with KaBOOMI Client
Services representatives and understand that if my organization is
selected for a KaBOOM! project, we will be responsible for the following:
(Please initial each line)
Fundraising $10,000 USD toward the cost of equipment
Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on
Build Day
Recruiting 75-100 volunteers from the community to participate on Build Day, and
between 10 and 20 parents to participate in the planning process.
Providing land and site preparation two weeks prior Build Day to result in a flat dirt
surface measuring at least 2,500 square feet.
Perform up to two utility checks with the first being completed within two weeks of
Design Day.
Perform up to two soil tests for lead and arsenic with the first being completed within two
weeks of Design Day
Using a supervised volunteer installation
Accepting liability for and maintaining the playground upon completion
Using Playworld Systems equipment
Using engineered wood fiber for safety surfacing
Signing this Outreach Statement signifies that all involved parties
(including person responsible for signing final Letter of Agreement)
have reviewed the Draft Letter of Agreement and are prepared to sign
the official contract within three calendar days of being chosen for a
KaBOOM! playground project.
Citv of San Bernardino
Name of Organization
Mark Weinberg, Interim City Manager
Name and Title of Person that will be signing the contract (please print)
Authorized Signature
Date
Nir.k Gon7~1p.7 A~~i~t;1nt to thp. M;:Jynr/Np.ig:hhnrhnnrl P;:utm~r~hiD~ ;:Jnc1lniti;1tivp.~
Name and Title of Main Contact Person (if different from above)
Signature of Main Contact Person
Date
300 No. "D" Street San Bernardino, CA 92418
Address
(909) 384-5133
Phone number
Notes/Exceptions:
Please sign and fax back to 202-659-0210