8D Consent 2010 0419 - Laserfiche WebLink

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ATTACHMENT C COMMUNITY PARTNER AGREEMENT {DRAFT) t [ w ~ '~ + ,~ [} April 12th, 2010 KaB00M!, Inc. (referred to herein as KaB00M!) is pleased that City of San Leandro (referred to herein as the Community Partner) has agreed to collaborate with KaB00M! [Name of Funding Partner] (referred to herein as the Funding Partner) in the construction of a new playground at 1500 Bancroft Avenue, San Leandro (the °Project"). This Community Partner Playground Contract, which sets forth the Community Partner's obligations in connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. 1. Obligations of the Community Partner. The Community Partner shall work with KaB00M! and its funding partners as well as community residents to design, plan and build the Project. By executing this contract, the Community Partner is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KaB00M!: (a) Fundraising. In support of the Project, the Community Partner must contribute $7,500 to KaB00M!, which will apply the funds directly to the purchase of playground equipment. KaB00M! will invoice the Community Partner for such amount promptly following the execution of this contract, which amount must be paid in full at least 30 days prior to the Projects' Build Day (as defined below). (b) Proiect Site. (i) Ownership. At the time of execution of this agreement, the Community Partner shall provide KaB00M! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project. The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaB00M! and/or its funding partners. (ii) Permits. The Community Partner shall obtain all necessary permits and licenses regarding the installation, possession and use of the playground prior to Build Day in compliance with local and state laws, regulations and guidelines. (iii) Preparation. The Community Partner shall ensure that the playground site is safe for volunteers and children, which responsibility includes, without limitation: (1) recruiting 15 adult volunteers to participate in preparation activities two to three days prior to Build Day playground installation; (2) 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; (3) conducting up to two utility checks as reasonably requested by KaB00M! with the appropriate utility companies with. the first test being completed within two weeks of Design Day and with all utility check documentation provided to the KaB00M! Project Manager upon completion; and (4) conducting up to two soil site tests as reasonably requested by KaB00M!, with the first test being completed within two weeks of Design Day and with all soil check documentation provided to the KaB00M! Project Manager upon completion. The Community Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers. (iv) Safety and Security. The Community Partner is responsible for ensuring the security of equipment, tools, supplies and well being of the adults and children from the beginning of the preparation activities until the conclusion of Build Day, including any postponement. (c) Maintenance. Maintenance of the playground facility and supervision of its use is the sole responsibility of the Community Partner. The Community Partner shall collaborate with KaB00M! during the Project planning process to develop a maintenance program for the playground and shall maintain the playground and the property before and after the build to ensure a safe and attractive playspace. In furtherance of the foregoing, in the event any playground included in the Project no longer is permitted for any reason to be located at its original site of construction or such site is no longer controlled by the Community Partner for. any reason, then the Community Partner promptly shall notify KaB00M! following its becoming aware of such situation and shall, at the Community Partner's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the playground equipment (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 such playground available to children in the same manner contemplated as of the Build Day and maintain (or permit the Community Partner to maintain) such playground in accordance with the maintenance program. In addition, the Community Partner shall accept and maintain engineered wood fiber as playground safety surfacing, meeting standards established by Consumer Product Safety Commission guidelines, for the lifetime of the playground. Guidance and materials for the purpose of developing a maintenance plan for the playground are available, upon request, from the playground equipment and safety surfacing manufacturers, including Playworld Systems, Inc. (d) Design Day. The Community Partner agrees to host a KaB00M!-facilitated "Design Day" with at least 20 adult volunteers and 20 children. Such adult volunteers shall remain engaged in the planning activities throughout the Program's planning process.