HomeMy WebLinkAbout05.L- Parks, Recreation & Community Services RESOLUTION (ID # 4562) DOC ID: 4562 D
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Jim Tickemyer M/CC Meeting Date: 08/01/2016
Prepared by: Christina Chartier, (909)
384-5233
Dept: Parks, Recreation & Community Ward(s): 1
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the City Manager to Execute a Letter of Intent and Contract Agreement Between the
City of San Bernardino and KaBOOM! for Creative Play Equipment. (#4562)
Current Business Registration Certificate: Not Applicable
Financial Impact:
Account Budgeted Amount: <<Insert Amount>> Account No. <<Insert Account
No.>>
Account Description: <<Insert Account Description>>
Balance as of: <<Insert Date>>
Balance after approval of this item: <<Insert Amount>>
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
In December 2007, the Mayor and Common Council approved Resolution No. 2007-489
to approve the letter of agreement and execute an outreach statement to be considered
for a KaBOOM build at Lytle Creek Park. The build was awarded.
In May 2008, the Mayor and Common Council approved Resolution No. 2008-160 to
approve the letter of agreement and execute an outreach statement to be considered
for a KaBOOM build at Delmann Heights Park. The build was awarded.
In February 2009, the Mayor and Common Council approved Resolution No. 2009-21 to
approve the letter of agreement and execute an outreach statement to be considered
for a KaBOOM build at the Rudy C. Hernandez Community Center, located at
Meadowbrook Park. The build was awarded.
In August 2014, the Mayor and Common Council approved Resolution No 2014-3361
authorizing the City Manager to execute a letter of intent and contract agreement
between the City of San Bernardino and KaBOOM to Build a Playground at Bobby Vega
Park (formerly Ninth Street Park).
Background:
The Parks, Recreation and Community Services Department has been awarded four(4)
KaBOOM Playground builds at four parks: Lytle Creek (2007), Delmann Heights (2008),
Updated: 7/25/2016 by Linda Sutherland D Packet Pg.497
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4562
Meadowbrook (2009), and Bobby Vega (2012), to increase play access for San
Bernardino youth. KaBOOM is a national non-profit existing to ensure that all children,
especially those living in poverty, have access to the play they need to become healthy
and successful adults, through the building of playground equipment.
In May of 2016, the Parks Department was asked to apply for a KaBOOM Creative Play
Grant; the Parks Department will be the lead "Community Partner." The Friends of CID
and the Parks Department came together to submit an application in July of 2016.
These agencies, will serve as community partners. Once the Letters of Intent and
Grantee Letters of Agreement are submitted to KaBOOM, the City will be notified on the
status of its application and, if awarded, who the "Funding Partner" is and when the
Creative Play equipment will arrive.
As with many community partnerships occurring, this process benefits local
communities, because it allows for sustainability. The more residents and groups that
are engaged, the more active and participatory it will be. Engaging the community from
the beginning of the project will encourage the community to take ownership and
responsibility of this new asset.
The City is required to provide the following in-kind support services:
-Pay the cost of shipping of the equipment (approximately $2,000.00 - $4,000.00)
City Attorney Review:
The City Attorney's Office Has the Same Concerns that it Has Had with All Previous
Kaboom Agreements. the Indemnification Clause Gives the City No Recourse If There
is Negligence on Behalf of the Other Parties.
Supporting Documents:
Resolution (DOC)
Exhibit A Letter of Intent (PDF)
Exhibit B Letter of Agreement Rigamajig Grant (PDF)
Exhibit C Letter of Agreement Imagination Playground Grant (PDF)
Exhibit D Rigamajig Information (PDF)
Exhibit E Imagination Playgound Information (PDF)
Updated: 7/25/2016 by Linda Sutherland D Packet Pg.418'
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF
3 INTENT AND CONTRACT AGREEMENT BETWEEN THE CITY OF SAN
4 BERNARDINO AND KABOOM! FOR CREATIVE PLAY EQUIPMENT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY E
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City Manager is hereby authorized to execute a Letter of Intent
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and with KaBOOM! for creative play equipment to be used at the Center for Individual
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lo Development(CID), a copy of which is attached hereto as Exhibit"A" and incorporated herein. v
11 SECTION 2. That the City Manager is hereby authorized to execute a Grantee Letter of m
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Agreement for the Rigamajig and Imagination Playground in a Cart Grant Programs with L-
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KaBOOM! for creative play equipment to be used at the CID copies of which is attached hereto
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15 as Exhibit"B" and"C" and incorporated herein.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF
2 INTENT AND CONTRACT AGREEMENT BETWEEN THE CITY OF SAN
3 BERNARDINO AND KABOOM! FOR CREATIVE PLAY EQUIPMENT.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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6 Common Council of the City of San Bernardino at a meeting thereof, held on the
7 day of , 2016,by the following vote,to wit: >,
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Council Members: AYES NAYS ABSTAIN ABSENT
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19 Georgeann Hanna, City Clerk N
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2o The foregoing Resolution is hereby approved this day of 12016.
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R. Carey Davis, Mayor
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23 City of San Bernardino
Approved as to form: E
24 Gary D. Saenz, City Attorney w
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By:
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Imagination Playground or Rigamajig a
Letter of Intent
My signature below confirms that the appropriate representatives from my organization
understand that if my organization is selected for the Imagination or Rigamajig Playground grant,
we will be responsible for the following(please initial each point):
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Obtain any and all necessary consents,approvals, permits and/or licenses required to receive Y
and utilize Imagination Playground in a Cart or Rigamajig. Check with school district, local child
care and/or youth programs licensing offices, park district, or other entity that governs the area °
you want to use Imagination Playground in a Cart or Rigamajig. _
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Provide proof of commercial&general liability insurance for at least$1,000,000 and name L
KaBOOM! and,FUNDER as additional insured.
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For certain Imagination Playground Grant opportunities,the Grantee must pay for the cost of °7
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shipping of the Imagination Playground(estimated at$1,00042,000). ,�
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Ability to store and maintain the Imagination Playground or Rigamajig in a Cart.
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Have space availability for Imagination Playground in a Cart or Rigamajig. cm
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Ability to sign the Letter of Agreement for the grant, including the statement below(please have `t
legal team review): _
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By accepting the Grant, the Grantee acknowledges that neither KaBOOM!nor FUNDER nor their respective
subsidiaries and affiliates, and their officers, directors, employees or agents shall be liable for any acts, o
omissions,injuries, errors or damages, whether direct,Indirect,incidental or consequential,associated with
the use of the Grant funds or the Grant sponsored project. The Grantee irrevocably and unconditionally
agrees, to the fullest extent permitted by law, to defend,indemnify,and hold harmless KaBOOMI, FUNDER,
and its subsidiaries, and their respective officers, directors,employees and agents,from and against any Q
and all claims,liabilities,losses, damages(including incidental, consequential,special and punitive
damages)and expenses(including reasonable attomeys'fees)directly, indirectly, wholly, or partially arising _
from or in connection with any act or omission of the Grantee,its employees, or agents, in applying for or W
accepting the Grant,in expending or applying funds furnished pursuant to the Grant or in carrying out the
Grant sponsored project except to the extent that such claims, liabilities,losses,damages or expenses
arise from or in connection with any willful misconduct of KaBOOM!, FUNDER,their respective subsidiaries E
and affiliates,and their respective officers, directors, employees or agents. U
Be available for communication with KaBOOM! Grant Manager to prepare and receive the a
Imagination Playground in a Cart or Rigamajig.
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Signing this Letter of Intent signifies that all involved parties(including person responsible for
signing final Grant Agreement)have reviewed the Grant Letter of Agreement and are prepared to
sign the Grant Letter of Agreement within five calendar days of being chosen for a grant.
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Name of Organization
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Name and Title of Person that would be signing the Letter of Agreement(please print)
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KaBOOM! Inc. —FUNDER
YEAR; Rigamajig Grant Program
Grantee Letter of Agreement E
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GRANTEE("Grantee")hereby is awarded one Rigamajig to offer children opportunities for open-minded,free play(the
"Rioamajiq")by KaBOOM!, Inc.("KaBOOMI')and FUNDEFt,in accordance with the terms and subject to the conditions w
stated in this Letter of Agreement. Failing to comply with any of the requirements stated in this Letter of Agreement or >%
providing false information may result in forfeiture of this grant and require Grantee to return the Rigamajig to KaBOOM!at '°
the expense of the Grantee. (-
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A. Grantee agrees to accept delivery of the Rigamajig by(the"Grant Date"). d
B. Grantee must have space available for the Rigamajig(200 sq.ft.minimum play space and storage space U
for two 32"x 21"x 49"carts).
C. Work with KaB00M!to establish a timeline related to delivery of Rigamajig and fulfillment of obligations in O
Section II below. O
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II. Ongoing Participation of the Grantee Durinq the Grant Period Y
A. Grantee agrees to meet the timelines established for the submission and/or completion of the following key o
grant benchmarks. In the case of submissions of reports or documents,they should be sent to the
KaBOOM!Grants Manager. Failure to submit any such report by the appointed deadline may result in y
forfeiture of the grant. E
B. Grantee must sign this Letter of Agreement by DUE DATE
C. Within 2 weeks of the delivery of the Rigamajig Grantee shall submit a Final Report.This report shall
include a project summary,photographs,and media stories that document the receipt and use of the a
Rigamajig. KaBOOMI will provide a format for this report. c
D. The grantee shall: a;
1. Agree to complete a follow up survey with KaB00M!detailing the impact Rigamajig is having on =
play in its community three months after delivery of the Rigamajig. 4-
2. Grantee shall retain ownership of the Rigamajig for a minimum of one year from the Grant Date.
In furtherance of the foregoing, in the event Rigamajig no longer is permitted for any reason to be
located at its original site or such site is no longer controlled by the grantee for any reason,then J
the grantee promptly shall notify KaBOOM!following its becoming aware of such situation and
shall,at the grantee's sole cost and expense,take such steps as may be necessary to promptly �
and safely relocate Rigamajig(including any permanent signage and other fixtures)to an
alternate site that serves children or to ensure that the successor controlling person of such site
shall continue to make Rigamajig available to children in the same manner contemplated as of
the grant and maintain(or permit the grantee to maintain)such Rigamajig in accordance with the R
maintenance program. O
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Ill. Partner Recognition .W
A. Grantee must send out the preapproved press release template to a minimum of one local media outlet. E
Reference to the,FUNDER—KaB00M!grant program and their sponsorship in other forms such as
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newsletters,web stories,or other promotional materials is subject to review and approval.
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B. All grantees will automatically be signed up to receive information by email from the FUNDER. If requested,
grantee agrees to collaborate with a representative from the,FUNDER,to plan and host a grant award E
presentation,prior to,on,or just following the arrival of the Rigamajig. d
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IV. Publicity a
A. Grantee consents to the use of Grantee's and the playspace's name for advertising and publicity purposes o
by KaBOOMI and PUNDER�in commerce and in any and all media worldwide without limitation,additional
compensation,or consent except where prohibited by law.
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V. Insurance Requirements m
A. Grantee warrants that the organization has,and will maintain for so long as it retains ownership of the
Rigamajig,Commercial and General Liability insurance providing coverage against liability for bodily injury,
death and property damage that may rise out of or be based upon the use of the playspace;and Worker's W
Compensation insurance policies,in amounts not less than one million dollars($1,000,000).Grantee
must also include KaBOOM!and FUNDER as additional insured and needs to submit
documentation by DUE.DATE.
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B. Grantee acknowledges that neither KaB00M!,.FUNDER,nor their respective officers,directors,
employees,or agents are in any way responsible or liable for action,inaction or negligence of the grantee. Q
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® VI. Indemnification
A. By accepting the Grant,the Grantee acknowledges that neither KaBOOM! nor,FUND_ER nor their
respective subsidiaries and affiliates,and their officers,directors,employees or agents shall be liable for m
any acts,omissions, injuries,errors or damages,whether direct,indirect, incidental or consequential, E
associated with the use of the Grant funds or the Grant sponsored project. The Grantee irrevocably and
unconditionally_agrees,to the fullest extent permitted by law,to defend,indemnify,and hold harmless w
KaBOOM!,FUNDER--and its subsidiaries,and their respective officers,directors,employees and agents,
from and against any and all claims, liabilities, losses,damages(including incidental,consequential, ca
special and punitive damages)and expenses(including reasonable attorneys'fees)directly,indirectly, a
wholly,or partially arising from or in connection with any act or omission of the Grantee,its employees,or d
agents, in applying for or accepting the Grant, in expending or applying funds furnished pursuant to the
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Grant or in carrying out the Grant sponsored project,except to the extent that such claims,liabilities,
losses,damages or expenses arise from or in connection with any willful misconduct of KaBOOM!, L
FUNDER,their respective subsidiaries and affiliates,and their respective officers,directors,employees or U
agents.
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VII. General O
A. KaBOOM!has the sole right,at its discretion,to waive or postpone any deadline or requirement stipulated Y
in this Letter of Agreement. Grantee agrees that FUNDER:is an intended third party beneficiary of this L
Letter of Agreement. o
B. Grantee agrees to have their contact information shared with representatives from the,FUNDER for award
purposes.
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I have read and attest that my organization is willing to comply with the KaBOOM!Inc.and.F_U__NDER. Rigamajig Grantee a
program in accordance with the terms set forth in this Letter of Agreement,
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Please return a signed copy of this Letter of Agreement to:smarz @kaboom.org or ATTN:Grants Manager, _
KaBOOM!,Inc.,4301 Connecticut Avenue NW,Suite ML-1,Washington, DC 20008 0
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Authorized Signature for Grantee Date Printed Name -�
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KaBOOMI Inc. —,FUN_DER
YEAR Imagination Playground in a Cart Grant Program
Grantee Letter of Agreement o.
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GRANTEE("Grantee")hereby is awarded one Imagination Playground in a Cart to offer children opportunities for open-
minded,free play(the"IP in a Cart")by KaBOOM!,Inc.("KaBOOM!")and FUNDER in accordance with the terms and CD
subject to the conditions stated in this Letter of Agreement. Failing to comply with any of the requirements stated in this U
Letter of Agreement or providing false information may result in forfeiture of this grant and require Grantee to return the I P in
a Cart to KaBOOM!at the expense of the Grantee. O
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I. Scope of Proiect m
A. Grantee agrees to accept delivery of the IP in a Cart by(the"Grant Date"), Y
B. Grantee must have space available for the IP in a cart(450 sc. ft.minimum play space and sufficient o
storage for four carts measuring 74"x 27"x 37").
C. Grantee is recommended to develop and implement a Play Associate program and to have a minimum of
two Play Associates present with the children whenever the IP in a Cart is open for play. E
D. Work with KaBOOM!to establish a timeline related to delivery of IP in a Cart and fulfillment of obligations
in Section II below. For select grant opportunities,the Grantee must pay for the cost of shipping(estimated
at$1,000-$2,000).An invoice for the cost of shipping will be sent to the grantee if applicable.
IL Onaoinn Participation of the Grantee During the Grant Period m
A. Grantee agrees to meet the timelines established for the submission and/or completion of the following key C
grant benchmarks. In the case of submissions of reports or documents,they should be sent to the o
KaBOOM! Grants Manager. Failure to submit any such report by the appointed deadline may result in
forfeiture of the grant. w
B. Grantee must sign this Letter of Agreement by, UE BATE J
C. Within 2 weeks of the delivery of the IP in a Cart Grantee shall submit a Final Report.This report shall
include a project summary,photographs,and media stories that document the receipt and use of the C14
Imagination Playground. KaB00MI will provide a format for this report.
D. The grantee shall: 7—
Ar 1% 1. Agree to complete a follow up survey with KaBOOM!detailing the impact IP in a Cart is having on _
play in its community three months after delivery of the IP in a Cart. P
2. Grantee shall retain ownership of the IP in a Cart for a minimum of one year from the Grant Date. 0
In furtherance of the foregoing, in the event IP in a Cart no longer is permitted for any reason to
be located at its original site or such site is no longer controlled by the grantee for any reason,
then the grantee promptly shall notify KaBOOM!following its becoming aware of such situation o
and shall, at the grantee's sole cost and expense,take such steps as may be necessary
to promptly and safely relocate IP in a Cart(including any permanent signage and other fixtures)
to an alternate site that serves children or to ensure that the successor controlling person of such a
site shall continue to make IP in a Cart available to children in the same manner contemplated as o
of the grant and maintain(or permit the grantee to maintain)such Imagination Playground in a 2 CU
Cart in accordance with the maintenance program.
III. Partner Recognition ca
A. Grantee must send out the preapproved press release template to a minimum of one local media outlet. E E
Reference to the F'UNbitk,—KaBOOM!grant program and their sponsorship in other forms such as
newsletters,web stories,or other promotional materials is subject to review and approval. E
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B. All grantees will automatically be signed up to receive information.byemail from the FUNDER. If requested, L
grantee agrees to collaborate with a representative from the(=UNDER to plan and host a grant award Q
presentation, prior to, on,or just following the arrival of the I P in a Cart. o
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A. Grantee consents to the use of Grantee's and the playspace's name for advertising and publicity purposes
by KaBOOM!and SUNDER in commerce and in any and all media worldwide without limitation,additional U
compensation, or consent except where prohibited by law.
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V. Insurance Requirements
A. Grantee warrants that the organization has,and will maintain for so long as it retains ownership of the IP in w
a Cart, Commercial and General Liability insurance providing coverage against liability for bodily injury,
death and property damage that may rise out of or be based upon the use of the playspace;and Worker's y
Compensation insurance policies,in amounts not less than one million dollars($1,000,000). Grantee E
must also include KaBOOM1 and FUNDER as additional insured and needs to submit -_
documentation by DUE DATE. cc
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B. Grantee acknowledges that neither KaB00M!,FUNDEk nor their respective officers,directors,
employees,or agents are in any way responsible or liable for action,inaction or negligence of the grantee.
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VI. Indemnification
A. By accepting the Grant,the Grantee acknowledges that neither KaBOOMI nor' m nor their t
respective subsidiaries and affiliates,and their officers,directors,employees or agents shall be liable for
any acts,omissions,injuries,errors or damages,whether direct,indirect, incidental or consequential,
associated with the use of the Grant funds or the Grant sponsored project. The Grantee irrevocably and
unconditionally agrees,to the fullest extent permitted by law,to defend,indemnify, and hold harmless
KaB00M!,FUNDED and its subsidiaries,and their respective officers,directors,employees and agents, 0
from and against any and all claims,liabilities, losses,damages(including incidental,consequential, m
special and punitive damages)and expenses(including reasonable attorneys'fees)directly, indirectly, Y
wholly,or partially arising from or in connection with any act or omission of the Grantee,its employees,or L
agents, in applying for or accepting the Grant,in expending or applying funds furnished pursuant to the ,°
Grant or in carrying out the Grant sponsored project,except to the extent that such claims,liabilities, _
losses,damages or expenses arise from or in connection with any willful misconduct of KaB00M!,
,FUNDER,their respective subsidiaries and affiliates,and their respective officers,directors,employees or m
agents. L
VII. General
A. KaBOOM!has the sole right,at its discretion,to waive or postpone any deadline or requirement stipulated C
in this Letter of Agreement. Grantee agrees that FUNDER is an intended third party beneficiary of th!s
Letter of Agreement. w
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purposes.
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Rigamajig Is a new large-scale building kit designed by Cas Holman for hands-on free play and playful STE(A)M learning.This O
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collection ofwooden planks,wheels,pulleys,nuts,bolts and rope allows children to follow their curiosity through play while M
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260+parts total;all parts manufactured in the U.S. �
Plastic parts are made from 100°%recycled nylon.
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and finished with a non-hazardous,air-pollutant-free finish.
Includes two milk crates for small piece storage
Cart with contents weighs approximately 149 lbs.
• 4 week lead time;ships from Providence,Rhode Island
• Requires a minimum play area of 100 square feet(per kit)
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the High Line in collaboration with early learning educators,woodworkers, Y
and children.It was launched in 2011 as the High Line Children's 0-
Workyard Kit and reflects the High Line's industrial history,simple and
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design is evolving and expanding as we learn from our pilot schools and playful friends.
Cas Holman continues to design and advocate for play,imaginative making,and art education.Her ongoing relationships with
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visionary schools,teachers,and children's museums give her opportunities to observe and learn from experts in childhood and J
play.She is a Professor of Industrial Design at the Rhode Island School of Design(RISD)and is constantly discovering (V
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Heroes Will Risewas founded by Cas Holman in 20D6 to support well designed, 0
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design,(and because few things are more fun than a factory tour)the company `p
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