Agmt 2010 KaBOOM etc - Laserfiche WebLink

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• ~ ~ ~ COMMUNITY PARTNER AGREEMENT May 10, 2010 KaBOOM!, Inc. (referred to herein as KaBOOM!) is pleased that City of San Leandro /San Leandro Rotary Club has agreed to collaborate with KaBOOM! Amgen (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. City of San Leandro /San Leandro Rotary Club shall work with KaBOOM! and its funding parhiers 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 which their name is mentioned, in each case meeting the requirements provided by KaBOOM!: (a) Fundraising. In support of the Project, the City of San Leandro must contribute $7,500 to KaBOOM!, which will apply the funds directly to the purchase of playground equipment. KaBOOM! will invoice the City of San Leandro 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) Project Site. (i) Ownership. At the time of execution of this agreement, the City of San Leandro shall provide KaBOOM! with proof of land ownership evidenced by either a deed granting title to the property to City of San Leandro or a letter from the property owner showing approval for the Project. City of San Leandro 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 partners. (ii) Permits. City of San Leandro 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. City of San Leandro /San Leandro Rotary Club shall ensure that the playground site is safe for volunteers and children, which responsibility includes, without limitation: (1) City of San Leandro /San Leandro Rotary Club recruiting 15 adult volunteers to participate in preparation activities iwo to three days prior to Build Day playground installation; (2) City of San Leandro 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) City of San Leandro conducting up to two utility checks as reasonably requested by KaBOOM! 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 KaBOOM! Project Manager upon completion; and (4) City of San Leandro conducting up to two soil site tests as reasonably requested by KaBOOM!, with the first test being completed within two weeks of Design Day and with all soil check documentation provided to the KaBOOM! Project Manager upon completion. City of San Leandro is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers. (iv) Safety and Security. City of San Leandro 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 City of San Leandro . City of San Leandro shall collaborate with KaBOOM! 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 City of San Leandro for any reason, then City of San Leandro promptly shall notify KaBOOM! following its becoming aware of such situation and shall, at City of San Leandro 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 City of San Leandro to maintain) such playground in accordance with the maintenance program. In addition, City of San Leandro shall accept and maintain engineered wood fiber as playground safely 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 Playworid Systems, Inc. (d) Design Dav. City of San Leandro /San Leandro Rotary Club agrees to host a KaBOOM!-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.