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HomeMy WebLinkAbout15-Parks and Recreation (2) CITY OF SAN BERNARDINO - REQUEST FOR COUNCILCl~+~~f\~ A L From: Kevin Hawkins, Director Subject: RESOLUTION APPROVING TEMPLATE LETTER OF AGREEMENT IN CONCEPT, AND AUTHORIZING EXECUTION OF A KABOOM! OUTREACH STATEMENT FOR A COMMUNITY -BUILD PLA YGROUND PROPOSED AT THE RUDY C. HERNANDEZ COMMUNITY CENTER LOCATED IN MEADOWBROOK PARK. MICC Meeting Date: February 2, 2009 Dept: Parks, Recreation & Community Services Dept. Date: January 23, 2009 Synopsis of Previous Council Action: Recommended motion: Adopt Resolution. / ~ '" C. ~:~;'J ~ Signat re ,/' Contact person: Kevin Hawkins Phone: 384-5233 Supporting data attached: Yes Ward: I FUNDING REQUIREMENTS: Amount: $10,000 from fundraisinq activities. Estimated value of equipment donated by funding partner - $40,000 Source: (Acct. No.) (Acct. Description) Finance: Council Notes: go 2009- 0<./ Agenda Item No. :::tt1S- 2/),.-0<1 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution of the Mayor and Common Council of the City of San Bernardino approving a template Letter of Agreement in concept, and authorizing the City Manager to execute a KaBOOM! Outreach Statement as required for consideration for a community-build playground proposed for construction at the Rudy C. Hernandez Community Center located in Meadowbrook Park. Backl!round: On March 29,2008, the City participated in a successful KaBOOM! playground build at Lytle Creek Park. More than 500 volunteers (including children) participated during the build day activities, which included not only construction ofthe playground, but a number of side projects as well. Julio Salcedo, Lytle Creek Community Center Manager, has reported a number of very positive unanticipated benefits at the Center, including the doubling of the number of youth attending programs at the community center to over one hundred per day, and a significant reduction in the number of incidents of graffiti activity at the park. On July 30, 2008, the City partnered with the Boys and Girls Club of San Bernardino and KaBOOM! for another successful community playground build at Delmann Heights Park. On December 11, 2008, the City participated in another successful KaBOOM! community playground build, this time at the Ruben Campos Community Center at Nunez Park. In early January 2009, staff was contacted again by KaBOOM! apprising them of yet another playground build opportunity in the Inland Empire. Staff was made aware of the very short turn around time for submittal of an application. Following staff's analysis (as guided by the Park Master Plan) of the City's most pressing need for another playground, it was determined that the Rudy C. Hernandez Community Center at Meadowbrook Park presented an excellent opportunity for a community playground build, as there currently is no playground equipment available at that location. There is playground equipment at another location in Meadowbrook Park; however, it is not visible from the Rudy C. Hernandez Community Center, and children must cross Sierra A venue, a four-lane street in order to play there. It was noted by the increases in center attendance and the strong turn out at last year's Fire Open House, that the location would also benefit from the mobilization of neighborhood groups to sustain the investment at that area. The next step in the grant application process calls for the approval in concept of the template Letter of Agreement (attached - Exhibit "A"), and authorization for the City Manager to sign the Outreach Statement (attached - Exhibit "B"). A tentative date of February 5, 2009 has been set for Design Day at the Hernandez Community Center, and March 28, 2009 has been identified tentatively for Build Day, in commemoration of Cesar Chavez Day. The build would include an edible garden, and a legacy mural, similar to the one that was painted on the Community Center at Lytle Creek in March 2008. The KaBOOM! Outreach Statement attests to the fact that the City will be responsible for the following: I) Fundraising $10,000 toward the cost of equipment; 2) Providing food, water, tools, a dumpster, music and restroom facilities for volunteers on Build Day; 3) Recruiting 150 volunteers from the community to participate on Build Day, and between 10 and 20 parents to participate in the planning process; 4) Providing land and site preparation two weeks prior to Build Day to result in a flat dirt surface measuring at least 3,000 square feet; 5) Perform up to two utility checks with the first being completed within two weeks of Design Day; 6) Perform up to two soil tests for lead and arsenic with the first being completed within two weeks of Design Day; 7) Using a supervised volunteer installation; 8) Accepting liability for and maintaining the playground upon completion; 9) Using Playworld Systems equipment; 10) Using engineered wood fiber for safety surfacing; II) Agree to erect Core Values sign, Chavez garden and Legacy mural for Cesar Chavez Day Build. If Council approves the template Letter of Agreement in concept at the February 2, 2009, Council meeting, and authorizes the Interim City Manager to execute the Outreach Statement, KaBOOM! will present the City's potential site at an internal review meeting to determine if it should be forwarded with a recommendation to the funding partner. Following confirmation by the Funding Partner, planning for the project can begin immediately. If the project is not selected, KaBOOM! will notity the City by telephone. In the event that this project is awarded, the item will go back to Council for their authorization to execute the KaBOOM! Community Partner Letter of Agreement. Financial Imnact: If the City is selected as a Community Partner, a KaBOOM! Funding Partner (which has not yet been revealed to the City) will provide funding for all but the $10,000 to be fundraised by the City. The City has been successful in raising the funding for the previous KaBOOM playground builds, and already has the $10,000 funding in place for the proposed build at Hernandez Center. The total project cost is estimated at $40,000 for the playspace equipment to be installed by volunteers on Build Day, which is to be scheduled to occur on Saturday, March 28,2009. Recommendation: Adopt Resolution. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TEMPLATE LETTER OF AGREEMENT IN CONCEPT, AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A KABOOM! OUTREACH STATEMENT ON BEHALF OF THE CITY OF SAN BERNARDINO AS REQUIRED FOR CONSIDERATION FOR A COMMUNITY- BUILD PLAYGROUND PROPOSED FOR CONSTRUCTION AT THE RUDY C. HERNANDEZ COMMUNITY CENTER LOCATED AT MEADOWBROOK PARK. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the template Letter of Agreement (Exhibit "A") is approved in concept; and SECTION 2. That the Interim City Manager is hereby authorized to execute a KaBOOM! Outreach Statement (Exhibit "B") on behalf of the City of San Bernardino as required for consideration of a community-build playground project proposed for construction at the Rudy C. Hernandez Community Center located at Meadowbrook Park. III III III III III III III III III III III 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE TEMPLATE LETTER OF AGREEMENT IN CONCEPT, AND AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A KABOOM! OUTREACH STATEMENT ON BEHALF OF THE CITY OF SAN BERNARDINO AS REQUIRED FOR CONSIDERATION FOR A COMMUNITY- BUILD PLAYGROUND PROPOSED FOR CONSTRUCTION AT THE RUDY C. HERNANDEZ COMMUNITY CENTER LOCATED AT MEADOWBROOK PARK. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the _ ,2009, by the following vote, to wit: day of 9 Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER V ACAN T KELLEY JOHNSON McCAMMACK Rachel Clark, City Clerk The foregoing resolution is hereby approved this day of ,2009. Patrick J. Morris, Mayor City of San Bernardino Approved as to Form: "i-~ t 4~~ k { ~~ k~! t ~ t( James F. Penman, City Attorney C4Yy ~ ~~~~. .f -p/" Washington, DC NW suIte B100 4455 Connecticut Ave. , Chicago, IL Atlanta, GA San Ma.teo, { . Wa.sh.1ngtOD, DC 20008 . tel 202.859.0215 . fax 202.659.0210 'Exhibit "A" 2009 TEMPLATE: KaBOOM! LETTER OF AGREEMENT " '. ,. . " '" During the application process we ask that ill! necessar decision makers within your organization review the terms of this agreement and notify us of any questions or concerns. If you have requests for revisions of any kind, even adjustments perceived as minor, please bring these requests to the attention of your Client Services Coordinator. We do not require you to sign this document until a project is confirmed. When a site is approved, KaBOOM! will send you a final contract with all of the yellow highlighted text replaced by information specific to your project. THIS KaBOOM! COMMUNITY PARTNER AGREEMENT is made this XX day of Month, 2009 by and between KaBOOM! and Name of Community Partner. RECITALS WHEREAS KaBOOM! is a non-profit organization chartered in the District of Columbia and organized as a 501 (c) 3 by determination of the Internal Revenue Service; WHEREAS KaBOOM! is an organization that develops, manages and coordinates a community- building playground for its Community and Funding Partners, culminating in a one-day installation event known as a 'Build Day"; WHEREAS Name of Community Partner is entering into a written agreement with KaBOOM! for services to plan, design and construct a community-build playground ("Program"); WHEREAS KaBOOM! has received charitable support from NAME OF FUNDING PARTNER ('Funding Partner") for this Program and has entered into a separate agreement with the Funding Partner, the result of which are financial and human resources for this Program. NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter expressed, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as follows: AGREEMENTS 1. OBLIGATIONS OF Name of Community Partner 1.1. Name of Community Partner agrees to be the Community Partner organization ("Community Partner') for Name of Funding Partner playground project at Build Site Address. <<CP>> Letter of Agreement Month XX, 2009 2 1.2. Name of Community Partner agrees to be responsive to the discreet timeline developed for the Program, inclusive of providing approval of, action toward or direction to, specific responsibilities and initiatives of KaBOOM! on behalf of this Program. 1.3. As a Community Partner for a KaBOOM! community-build playground project, Name of Community Partner will work with KaBOOM!, Name of Funding Partner, and community residents to design, plan and build a community playground. All parties will work closely together to ensure a successful, productive, and fun event. 1.3.1. The Community Partner agrees to host a KaBOOM'-facilltated Design Day with at ieast 10 adults and 20 children. The adults will remain engaged in planning activities throughout the Design Day to Build Day planning process. 1.3.2. The Community Partner agrees to recruit and secure at least 12-15 adult volunteers for preparation activities two to three days prior to Build Day playground installation. 1.3.3. The Community Partner agrees to recruit and secure at least XXX adult volunteers for the Build Day playground installation. 1.3.4. The Community Partner agrees to be responsible for preparing the site for the installation of the new playground, at least two weeks before Build Day, which includes but is not limited to removing existing playground equipment, footers and safety surfacing, grading the land, removing fencing and performing soil tests. 1.3.5. The Community Partner agrees to provide certain provisions for use by volunteers working on the construction project, including but not limited to food (breakfast snacks, lunch and mid-day snacks), water and restroom facilities. 1.4. In support of this project, Name of Community Partner is responsible for contributing $10,000 to the playground project. 1.4.1. All funds will be applied directly toward purchasing playground equipment. 1.4.2. Upon receipt of this signed agreement, KaBOOM! will invoice Name of Community Partner for the full amount of this contribution, and it will be due at least 30 days before the Build Day on Month XX, 2009. 1.4.3. If Name of Community Partner does not make payment as outlined in Section 1.4.2, KaBOOM! reserves the right, without waiving any other rights and remedies, to cancel the build. 1.4.3.1. In the event of the Build Day's cancellation due to non-payment by the Community Partner as outlined in Section 1.4.2, at KaBOOM!'s written request, without waiving any other rights and remedies, Name of Community Partner shall be deemed liable for damages to KaBOOM! and Funding Partner for any un-cancelable contractual commitments entered into prior to cancellation, any equipment costs, labor and materials, and any additional expenses related to the Program, such as airfare and general supplies. 1.4.4. The Community Partner has the right to back-up documentation detailing the use of its contribution to the project. Upon request, KaBOOM' will provide back-up documentation for Name of Community Partner within 120 days after the Build Day. 1.5. The Build Day must occur in calendar year 2009 on Day, Month XX. 1.5.1. The Build Day shall not be postponed (defined as delayed, held over or rescheduled) under any circumstances other than for conditions that jeopardize the safety of the volunteers, or for unsafe weather conditions that threaten the structural integrity of the playground. 1.5.1.1. The decision to postpone a Build Day shall be reached through discussion, collaboration and majority agreement by KaBOOM!, the Community Partner and the Funding Partner, each represented by a person authorized by each party. <<CP. LeIfEr of Agreement Month XX; 2009 3 1.5.1.2. The sole exception to mutual decision-making and majority agreement shall be when the decision must be made immediately and solely by KaBOOM! on the construction site in absence of authorized representatives of the Community Partner and the Funding Partner being available. 1.5.1.3. The authorized representatives are defined as those individuals who have signed this Agreement, and the Agreement between KaBOOMI and the Funding Partner, or their designates. 1.5.2. In the event that the Build Date is cancelled or changed solely by Name of Community Partner, Name of Community Partner shall be deemed liable for damages to KaBOOM! and Funding Partner for any equipment costs, labor and materials and any additional expenses related to the Program, such as airfare and general supplies. 1.5.3. In the event of a Build Day postponement, KaBOOMI shall collaborate with the Community Partner and the Funding Partner to issue a Memo of Understanding (MOU) that outlines a plan for rescheduling the Build Day. 1.5.3.1. The MOU shall outline any additional expenses related to the rescheduled Build Day, and the party or parties responsible for covering the additional expenses. These expenses may include, but are not limited to, equipment storage, security, equipment shipment, and KaBOOM! travel and hotel expenses. 1.5.3.2. The MOU shall identify the next-earliest possible date for the Build Day, based on the availability of open dates on the KaBOOM! program calendar, the availability of the Community Partner to participate in the project, and the availability of the Funding Partner to participate in the project. 1.6. Name of Community Partner shall attach documentation to this Agreement showing proof of land ownership evidenced by a deed granting title of the property to Name of Community Partner to the property, or a letter from the property owner showing approval for the installation of the playground. Working with the support of the property owner (if owner is a separate party), Name of Community Partner will maintain the property before and after the build to ensure a safe and attractive play area. 1.7. Name of Community Partner shall collaborate with KaBOOM! during the planning of this Project to develop a maintenance program for the playground that will be implemented by Name of Community Partner upon completion of the playground installation. 1.8. Name of Community Partner is self-Insured and Name of Community Partner is responsible for providing coverage for its own employees and for any accidents arising out of the equipment. 1.9. Name of Community Partner will obtain all necessary and appropriate pelTl1its and licenses regarding the installation and possession and use of a playground prior to Build Day in compliance with local and state laws, regulations and guidelines. 1.10. Name of Community Partner will work with local authorities and/or private firms as appropriate to ensure the safety and security of human and equipment resources (playground equipment, playground volunteers) from the point of material delivery, during the period(s) when site preparation occurs on the playground site, and until the conclusion of the Build Day. 1.11. Name of Community Partner is responsible for ensuring the playground site is safe for volunteers and children. 1.11.1. Name of Community Partner is responsible for conducting up to two utility site checks as reasonably requested by KaBOOM! with the appropriate utility companies with the first test <<CP>> Letter of Agreement Month XX, 2009 4 being completed within two weeks of Design Day. Documentation of the utility checks must be provided to the KaBOOM! Project Manager upon completion. 1.11.2. Name of Community Partner is responsible for conducting up to two soil site tests as reasonably requested by KaBOOM!, with the first test being completed within two weeks of Design Day. Documentation of the soil checks must be provided to the KaBOOM! Project Manager upon completion. Name of Community Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children or volunteers. 1.12. Name of Community Partner will agree to accept and maintain engineered wood fiber as playground safety surfacing, meeting standards established by CPSC guidelines, for the lifetime of the playground. 1.13. Name of Community Partner is solely responsible for any additional costs beyond the proposed playground project budget. KaBOOM! is not responsible for paying any vendors for any prior sije preparation, upgrades or improvements not agreed upon with KaBOOM!. If Community Partner decides to purchase additional equipment or materials to supplement materials secured by KaBOOMI, then the Community Partner is solely responsible for paying for the materials and all other liabilities related to such materials. Neither KaBOOMI nor its Funding Partne~s) shall be liable for payment. Community Partner will hold KaBOOMI and the Funding Partner harmless of any payments or liability with respect to the additional Items ordered. 1.14. Name of Community Partner will seek prior approval from KaBOOM! and/or Name of Funding Partner for any written and/or printed materials that reference the Program and/or contain the logos of KaBOOM! or Name of Funding Partner, including but not limited to press releases, fliers and promotional materials. Name of Community Partner will work in collaboration with KaBOOM! and/or Name of Funding Partner to secure media coverage. KaBOOM! will provide mutual opportunity for the Community Partner to review and approve materials prepared by KaBOOM! related to this Project (such approval not to be unreasonably withheld). 1.15. Name of Community Partner will allow the names and logos of Name of Funding Partner and KaBOOM! on permanent playground signage, such as that shown as a sample during Name of Community Partner's application process. Playground signage is 12 inches wide and 30 inches tall and mounted on poles. The sign will be erected in a mutually agreed upon location and in accordance with the Community Partner's guidelines regarding corporate signage. If the Community Partner has specific guidelines regarding corporate signage on its property, please attach those guidelines to this Agreement. 1.16. Name of Community Partner understands that the playground will be added to the roster of KaBOOM! Build Guild and, as such, will receive subsequent information from KaBOOM! on playground maintenance, programming and enhancements. 2. OBLIGATIONS OF KaBOOM! 2.1. KaBOOM! will provide the Community Partner with technical and organizational leadership and guidance for the playground project. 2.1.1. Facilitate playground design and work with vendors to procure equipment and materials in a timely fashion, the possible exception being the installation of safety surfacing other than engineered wood fiber. 2.1.2. Manage construction logistics for the project, coordinate playground site preparation activities with the Community Partner, inventory equipment and materials, and assure that the necessary tools and materials are available to construct the playground. <<CP. Letter of Agreement Month XX, 2009 5 2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee. 2.1.4. Lead the Build Day activities, including the coordination of Build Day captains and volunteers. 2.1.5. Provide educational and promotional materials to support the playground project, including the KaBOOM! Tool Kit of publications (4-book set), KaBOOM! online Playground Planner, nametags and other general supplies. 2.1.6. Provide for and coordinate the participation of the Funding Partner, Name of Funding Partner, which has committed to provide KaBOOM' with financial, human and/or in-kind resources to bring to fruition the playground project with Name of Community Partner. 2.2. KaBOOM! (in collaboration with Name of Community Partner), will provide or secure a Certified Playground Safety Inspector (CPSI) to review the playground structure to ensure that it is safe and built to all appropriate standards and guidelines. Name of Community Partner acknowledges that neither KaBOOM' or Funding Partner nor their respective officers, directors, employees, or agents have made or are in any way responsible or liable for action, inaction or negligence of the CPSI and Name of Community Partner agrees to look solely to the CPSI for any such liability, costs or expenses which arise out of the CPSl's action, inaction or negligence. 2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaBOOM! assumes responsibility for the playground construction going beyond one day, at the conclusion of the installation. 2.2.2. In accordance with Section 4, Name of Community Partner shall be solely responsibie for any injury, property damage, or death which occurs in connection with the playground after review of the playground is completed. 2.2.3. In accordance with Section 4, in the event that the Build Day is delayed or not completed on the scheduled day due to failure of Name of Community Partner to meet the tenms of this Agreement, then Name of Community Partner will be responsible for securing a CPSI to review the playground. 3. FUNDING PARTNER RELATIONS 3.1. KaBOOM! has a separate agreement with a KaBOOM' Funding Partner, Name of Funding Partner ("Funding Partner"), whose contributions to KaBOOM! are helping to make this Project possible. 3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the products or services of the Funding Partner. 3.2.1. For the purposes of this Agreement, sponsors are defined as individuals, businesses or philanthropic organizations that contribute funding or in-kind gifts to this Project in exchange for certain rights to promote their affiliation with this Project to the general public, including but not limited to public name recognition via this playground project's signs, T-shirts, media materials and public-address systems. Conversely, donors are individuals or groups whose gifts to this Project require personal acknowledgement only, such as thank-you letters. 3.3. In the event the Community Partner solicits other sponsors or donors, then those sponsors and donors shall not compete with the Funding Partner for signage and sponsorship recognition. The Funding Partner shall receive first placement on any recognition materials developed for the Project, including playground signage, banners, T-shirts, press releases, web-site and newsletter stories, and flyers. In the event of a conflict between the Funding Partner and other sponsors and donors, the Funding Partner, Community Partner and KaBOOM! shall consider recognition on a case-by-case asis. .CP. Letter of Agreement Month XX; 2009 6 4. OWNERSHIP AND LIABILITY 4.1. The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaBOOM! and/or its Funding Partner(s). 4.2. It is agreed that Name of Community Partner wili indemnify and hold harmless KaBOOM! and/or the Funding Partner and their respective officers, directors, employees, or agents from any and ali claims, costs, expenses (including attomey's fees and disbursements) or actions associated with this playground project from any claim or action, including but not limited to claims and actions for personai injury, death, or property damages resulting from the use of any playground property and equipment, except to the extent resulting from any willful misconduct of KaBOOM! and/or the KaBOOM! Funding Partner. 4.3. A Certified Playground Safety Inspector wili review the playground structure upon completion at the end of the scheduled build Day. The manufacturer's representative/instalier wlli certify that the playground was installed to manufacturer's specifications at the end of the Build Day. 4.3.1. Notwithstanding the foregoing, Name of Community Partner shali be solely responsible for the playground and its equipment upon certification of the playground. 4.3.2. Name of Community Partner shali be responsible for securing safety measures of the playground to prevent injury, death, or property damages in the unlikely event that the playground is not completely constructed, and all equipment fuliy installed, at the conclusion of the Build Day and once KaBOOM! and/or the CPSlleave the playground site. 4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and ali equipment fuliy installed at the conclusion of the Build Day, Name of Community Partner shall be responsible for completing the instaliation of the playground in accordance with the specified guidelines with the assistance of the CPSI and/or the manufacturer's representatives, facilitated by KaBOOM!. Name of Community Partner shali be solely responsible for any injuries, death, or property damage that arises out of Name of Community Partner's completion of such instaliation. 4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of Name of Community Partner. Upon request, the playground-equipment and safety-surfacing manufacturers will provide guidance and materials, toward a maintenance plan for the playground. 4.4.1. The Community Partner will receive from Playworld Systems Inc., the provider of its playground equipment, or via its KaBOOMI project manager, a play equipment maintenance kit from Playworld Systems Inc. 5. WARRANTY 5.1. The playground equipment is covered under warranty by the selected playground equipment company in accordance with its warranty policy. Upon request, a copy of the warranty for the playground-equipment and the safety-surfacing wili be provided by the manufacturer(s) to the Community Partner. While playground equipment and/or material manufacturers may provide a warranty with respect to their product, Name of Community Partner acknowledges that neither KaBOOM! or Funding Partner nor their respective officers, directors, employees or agents, have made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any equipment or material, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer's terms <<CPo Letter of Agreement Month xx. 2009 7 therefore, and Name of Community Partner agrees to look solely to such manufacturers for any such warranty and/or guarantee. 6. GENERAL 6.1. Notices. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage properly prepaid, or by personal delivery addressed as follows: To: Helen Zimmerman, Manager Contracts & Risk Management KaBOOMI 4455 Connecticut Ave., NW, Suite B100 Washington, DC 20008 USA 202-464-6075 Copy To: Name, Client Services Coordinator (use same KaBOOM! address above) xxx-xxx-xxxx To Corporation: Community Partner Primary Contact Name of Community Partner Address City, State, Zip xxx-xxx-xxxx 6.2. Counterparts. This Agreement may be executed by the parties in one or more counterparts which shall, in the aggregate, be signed by all parties and each counterpart shall be deemed an original instrument as against any party who has signed it. 6.3. Goveming Law. The laws of the State of Illinois, without reference to its choice of law provisions, shall govem the interpretation and/or legal effect hereunder and shall have jurisdiction over any dispute (including arbitration) arising out of or under the terms of this Agreement. 6.4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective affiliates, successor, and personal representatives of the parties to this Agreement, except to the extent of any contrary provision in this Agreement. 6.5. Severability. This Agreement shall be construed to be in accordance with federal and state statutes. If any provision of this Agreement, or any portion thereof, is found to be invalid, illegal, or unenforceable, under any applicable statute or rule of law, then such provision or portion thereof shall be deemed omitted, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 6.6. Complete Agreement. This Agreement, when executed by the duly authorized representatives of each party shall be the entire agreement between the parties as to the subject matter stated herein and supersedes and replaces any and all previous agreements and all amendments thereto. 6.7. Assignment. This Agreement may not be assigned, delegated or transferred by either party without the prior written consent of the other party hereto. <<CPo Letter of Agreement Month xx: 2009 8 6.8. Force Majeure. If either of the parties hereto is delayed or prevented from fulfilling any of its obligations under this Agreement by Force Majeure, said party shall not be liable under this Agreement for said delay or failure. "Force Majeure" means any cause beyond the reasonable control of a party, including, but not limited to acts of God, acts of omission of civil or military authorities of a state or nation, fire, strike, fiood, riot, act of terrcrism, war, delay of transportation, or inability due to the aforementioned causes to obtain necessary labor, materials or facilities. Either party, however, may terminate this Agreement if the other is unable to perform any obligation under the Agreement for a period longer than ten (10) calendar days due to such a force majeure event. In the event of any such termination, KaBOOM! shall refund to the Community Partner any monies paid to KaBOOM!, less expenses already committed to andlor incurred prior to the date of termination. If, upon termination as provided herein, the sum due KaBOOM! by Community Partner, exceeds the sum paid to KaBOOMI hereunder, Community Partner agrees to pay KaBOOM! for any such additional sum due upon presentation of appropriate documentation within 30 days of invoice. 6.9. Waiver. A waiver by either party of a breach or failure to perform shall not constitute a waiver of any subsequent breach or failure. ~~'..~. k". it starts with q pla;ygrouna. kaboom.org .CP. Letter of Agreement Month XX, 2009 9 IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the day and year first above written. By signing this Agreement, Name of Community Partner fully acknowledges its consent and understanding of and commitment to the terms and guidelines set forth above. Please sign both original versions of this letter and return them to KaBOOM'. We will then sign the originals, and mail one original and one copy back to you for your files. KaBOOM! and Name of Funding Partner look forward to working with Name of Community Partner to make this playground a reality. Date Terms agreed to: Date Terms agreed to: By: Community Partner Signatory Name Title Authorized Signature for Name of Community Partner Phone Number: Fax number: Email Address: Name of Community Partner Address City, State Zip By: Gerry Megas Chief Financial Officer Phone number: (202) 464-6075 Fax number: (202) 659-0210 Email address: mailto:hzimmerman@kaboom.orQ KaBOOM' 4455 Connecticut Ave, NW Suite B100 Washington, DC 20008 Contact information for the person who should receive KaBOOM! invoices: Name: Telephone Number: Mailing Address: Fax number: Email Address: Attachments: Welcome Packet Playworld Systems Inc. Playground Equipment Warranty (sample) Copy: KaBOOM! Project Archives KaBOOM! Outreach Statement My signature below confirms I have spoken with KaBOOM! Client Services representatives and understand that if my organization is selected for a KaBOOM! project, we will be responsible for the following: (Please initial each line) Fundraising $10,000 USD toward the cost of equipment Provide food, water, tools, dumpster, music & restroom facilities on Build Day Recruiting 150 volunteers from the community to participate on Build Day, and between 10 and 20 parents to participate in the planning process. Providing land and site preparation two weeks prior Build Day to result in a fiat dirt surface measuring at least 3,000 square feet. Perform up to two utility checks with the first being completed within two weeks of Design Day. Perform up to two soil tests for lead and arsenic with the first being completed within two weeks of Design Day Using a supervised volunteer installation Accepting liability for and maintaining the playground upon completion Using Playworld Systems equipment Using engineered wood fiber for safety surfacing Agree to erecting Core Values sign, Chavez garden and Legacy mural for Cesar Chavez Day Build Signing this Outreach Statement signifies that all involved parties (including person responsible for signing final Letter of Agreement) have reviewed the Draft Letter of Agreement and are prepared to sign the official contract within three calendar days of being chosen for a KaBOOM! playground project. City of San Bernardino Name of Organization Mark Weinberg, Interim City Manager Name and Title of Person that will be signing the contract (please print) Authorized Signature Date Jan Wages, Senior Administrative Analyst Parks, Recreation and Carom. Svcs. Dept. Name and Title of Main Contact Person (if different from above) Signature of Main Contact Person Date 201-A North "E" Street, Suite 103 (909) 384-5032 Phone number Address San Bernardino, CA 92401 Please sign and fax back to 202-659-0210 KaBOOM! Outreach Statement My signature below confirms I have spoken with KaBOOM! Client Services representatives and understand that if my organization is selected for a KaBOOM! project, we will be responsible for the following: (Please initial each line) Fundraising $10,000 USD toward the cost of equipment Provide food, water, tools, dumpster, music & restroom facilities on Build Day Recruiting 150 volunteers from the community to participate on Build Day, and between 10 and 20 parents to participate in the planning process. Providing land and site preparation two weeks prior Build Day to result in a fiat dirt surface measuring at least 3,000 square feel. Perform up to two utility checks with the first being completed within two weeks of Design Day. Perform up to two soil tests for lead and arsenic with the first being completed within two weeks of Design Day Using a supervised volunteer installation Accepting liability for and maintaining the playground upon completion Using Playworld Systems equipment Using engineered wood fiber for safety surfacing Agree to erecting Core Values sign, Chavez garden and Legacy mural for Cesar Chavez Day Build Signing this Outreach Statement signifies that all involved parties (including person responsible for signing final Letter of Agreement) have reviewed the Draft Letter of Agreement and are prepared to sign the official contract within three calendar days of being chosen for a KaBOOM! playground project. City of San Bernardino Name of Organization Mark Weinberg, Interim City Manager Name and Title of Person that will be signing the contract (please print) Authorized Signature Date Jan Wages, Senior Administrative Analyst Parks, Recreation and Carom. Svcs. Dept. Name and Title of Main Contact Person (if different from above) Date Signature of Main Contact Person 201-A North "E" Street, Suite 103 Address (909) 384-5032 Phone number San Bernardino, CA 92401 Please sign and fax back to 202-659-0210