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HomeMy WebLinkAboutPR 20373: GRANT WITH KABOOM! FOR PLAYGROUND GRANT P. R. No. 20373 07/25/18/ca RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A LETTER OF INTENT TO BE CONSIDERED FOR A GRANT WITH KABOOM! FOR A BUILD IT WITH KABOOM! PLAYGROUND GRANT FOR PLAYGROUND EQUIPMENT ON ST. MARY PARK LOCATED AT 1025 5TH STREET WITH A POSSIBLE PROJECTED BUDGETARY IMPACT OF $8,500.00 PARKS ACCOUNT NUMBER 001-1207-531.39-00 WHEREAS, KABOOM! is a national nonprofit organization dedicated to ensuring that all children get the balance of active play they need to become healthy and successful adults; and, WHEREAS, the City of Port Arthur is being considered for a Build it with KABOOM! Playground Grant for playground equipment for St. Mary Park located at 1025 5th Street; and, WHEREAS, a letter of intent is needed in order to signify that the draft contract has been reviewed and the final contract will be signed within three (3) business days of being awarded a KABOOM! Grant; and, WHEREAS, if the grant application is approved KABOOM!, a projected budgetary impact cost of $8,500.00 will be needed to cover some of the cost of the playground budget; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Council authorize a letter of intent with KABOOM! for a Build it with KABOOM! Playground Grant for playground equipment for St. Mary Park as delineated in the information provided as Exhibit"A". Section 3. That if the grant application is approved KABOOM!, a projected budgetary impact cost of$8,500.00 will be needed to cover some of the cost of the playground budget, funding being available in account number 001-1207-531.39-00. Section 4. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. P. R.No.20373 07/25/18/ca READ. ADOPTED and APPROVED this day of , A.D., 2018, at a Regular Meeting of the City Council of the City of Port Arthur, by the following vote: AYES:(Mayor) Councilmembers: NOES: Derrick "Ford" Freeman. Mayor ATTEST: Sherri Bellard, City Secretary AP OVED S TO FORM: Val Tizeno, Esq. City Attorney APPROVED FOR ADMINISTRATION: Harvey Robinson, Interim City Manager Chandra Alpough, Acting Director of Parks and Recreation APPROOED FO VAI ABILIITY OF FUNDS Andrew Vasquez, CPA Director of Finance EXHIBIT A 1 SE ,41.44 •_ • k s+ X � • ' • Y- e. A5. v play matters for a l kids July 25, 2018 Dear applicant: Congratulations on making it to the third round of the selection process for the Build it with KaBOOM! playground grant! Before moving your application to the fourth and final step in the process, your organization will need to submit the following: • Signed Letter of Intent, which signifies full contract approval by your organization At this stage in the selection process, KaBOOM! requires all applicants to review and approve the draft Letter of Agreement(contract). Please have your organization's authorized signatory and any other necessary parties review and approve the attached contract. Once this has been completed, the signatory must sign the Letter of Intent indicating that the contract is fully reviewed and approved and that your organization is prepared to sign an official contract within three business days of being awarded the Build it with KaBOOM! playground grant. KaBOOM! cannot recommend your application to the Funding Partner until the contract has been approved. Please note that signing the Letter of Intent does not guarantee funding or approval. Rather, we are now able to move you to the final step in the application process. If you are applying in partnership with one or more organizations, please have each partner sign a separate Letter of Intent. If you have questions about submitting a Letter of Intent for respective partners, please contact your Community Outreach representative. This is a standard form contract and changes cannot be made. However, if your signatory or any other reviewers have any questions, please direct them to your Community Outreach representative. We look forward to receiving your signed Letter of Intent. Sincerely, Ali LeBel, Community Outreach Manager (0) 202.464.6199 kaboom.org 4301 Connecticut Ave NW.Suite ML-1,Washington,DC 20008 P 202 659 0215 F 202.659.0210 kaboom.org KaBOOM! Letter of Intent By signing this document, I understand that if my organization is selected for a KaBOOM! project, my organization will (please initial each point): Assume all responsibilities as outlined in the KaBOOM! Community Partner Project Summary Fundraise $8,500 USD toward the cost of playground equipment Own and maintain the playground for its lifetime Provide land and secure all necessary permits for construction of playground Remove all existing playground equipment currently on site Perform site preparation resulting in a flat and dirt surface two weeks prior to Build Day of a site measuring at least 2,500 square feet. Perform a utility check prior to Design Day and secure all necessary extensions to ensure the utility check is current through Build Day Perform a soil test for lead and arsenic within two weeks of Design Day and perform remediation if necessary Use equipment manufactured by Playworld Systems, Inc. or Landscape Structures, Inc. and accept engineered wood fiber safety surfacing Allow names and logos of KaBOOM! and the Funding Partner to be displayed on permanent playground signage, measuring no greater than 14 '/ inches wide by 30 1/4 inches tall Recruit at least 15 community members, residents, and/or parents to participate in the Design Day and planning process Recruit 30 volunteers from the community to participate in two preparation days and recruit 175 volunteers from the community to participate on Build Day Provide food, water, tools, a dumpster, and music for volunteers on Build Day Build the playground through supervised volunteer installation Accept liability for and maintain the playground upon build completion Obtain and maintain insurance for the playground and Build Day, and add KaBOOM! and the Funding Partner as additional insureds for the term described in the contract Indemnify and hold harmless KaBOOM! and the Funding Partner Follow KaBOOM! protocol on all media and promotions as outlined in the Corporate Sponsorship Policy Signing this Letter of Intent signifies that all contract signatories have reviewed the draft contract and are prepared to sign a final contract within three business days of being awarded a KaBOOM! playground project. Please ensure that the person authorized to sign contracts signs below. Legal Name of Organization: Name of Organization to Use in Media: Name and Title of Signatory (please print): Authorized Signature: Date: Signatory Mailing Address: Contact information for person who should receive KaBOOM! Invoice: Name: Telephone number: Mailing Address: Email: Fax: • • ' COMMUNITY PARTNER PLAYGROUND AGREEMENT July 25, 2018 KaBOOM!, Inc. (referred to herein as KaBOOM!)is pleased that«CP» (referred to herein as the Community Partner)has agreed to collaborate with KaBOOM!and«FP» (referred to herein as the Funding Partner)in the construction of a new playground at«Site_Name»,«Site_Address», «City», «State» «Zip» (the"Project"). This Community Partner Playground Agreement(this"Agreement"), which sets forth the Community Partners 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 KaBOOM! and the Funding Partner as well as community residents to design, plan and build the Project. By executing this Agreement, the Community Partner is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KaBOOM!: (a) Fundraising. In support of the Project,the Community Partner must contribute$8,500 to KaBOOM!,which will apply the funds directly to the purchase of playground equipment. KaBOOM!will invoice the Community Partner for such amount promptly following the execution of this Agreement,which amount must be paid in full at least thirty(30)days prior to the Project's Build Day(as defined below). (b) Project Site. (i) Ownership. At the time of execution of this Agreement, the Community Partner shall provide KaBOOM!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 KaBOOM!and/or the Funding Partner. (ii) Permits. Prior to Build Day,the Community Partner shall obtain or cause to be obtained all necessary permits and licenses regarding the installation, possession and use of the playground in compliance with applicable laws and regulations. (iii) Preparation. The Community Partner shall ensure that the Project site is safe for volunteers and children, which responsibility includes: (1)recruiting fifteen(15)adult volunteers to participate in preparation activities two to three days prior to Build Day;(2) preparing the site for the installation of the Project at least two weeks before Build Day,which includes removing existing playground equipment,footers and safety surfacing, grading the land, removing fencing and performing soil tests; (3)conducting up to two(2)utility checks as reasonably requested by KaBOOM!with the appropriate utility companies,with the first test being completed on or before Design Day(as defined below)and with all utility check documentation provided upon completion to the KaBOOM!project manager who shall supervise the planning and installation of the playground(the"Project Manager'); and(4)conducting up to two(2)soil site tests as reasonably requested by KaBOOM!,with the first test being completed on or before Design Day and with all soil check documentation provided to the 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 shall ensure 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. (v) 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 KaBOOM!during the Project planning process to develop a maintenance program for the playground and,with the support of the property owner(if owner is a separate party),shall maintain the playground and the property before and after the Build Day to ensure a safe and attractive playspace. In furtherance of the foregoing, in the event any playground equipment 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 KaBOOM!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. or Landscape Structures, Inc. (c) Design Day. The Community Partner agrees to host a KaBOOM!-facilitated"Design Day"with at least twenty (20)adult volunteers and twenty(20)children. Such adult volunteers shall remain engaged in the planning activities throughout the Project's planning process. (d) Build Day. The Community Partner shall recruit 175 adult volunteers from the community to participate in a one- day installation event for the Project, which is scheduled to occur on«BD_»and which is referred to herein as the Build Day. The Community Partner shall ensure that all volunteers sign a waiver. On the Build Day,the Community Partner shall provide food,water,tools,dumpsters, music and restroom facilities for all volunteers. (e) Promotion; Intellectual Property. The Community Partner shall seek prior approval from KaBOOM!and/or the Funding Partner for any materials that reference the Project or contain the name, trademarks,service marks, logos and other intellectual property(collectively,and together with all goodwill attached or which shall become attached to any of the them, the"Marks")of KaBOOM!and/or the Funding Partner, including press releases, fliers and promotional materials. The Community Partner acknowledges and agrees that each of KaBOOM!and the Funding Partner is the sole owner of all right,title and interest in and to its respective Marks. The parties acknowledge that KaBOOM!and the Funding Partner may take all steps to protect their Marks as they deem appropriate. Any use of the Marks will inure to the sole benefit of KaBOOM!or the Funding Partner(as applicable). The Community Partner shall not use the Marks in any manner that would harm the reputation of KaBOOM!or the Funding Partner or disparage or negatively reflect upon the Marks. Upon expiration of or termination of this Agreement for any reason,the Community Partner shall cease all use of the Marks. The Community Partner shall collaborate with KaBOOM!and the Funding Partner to secure media coverage for the Project. (f) Siqnage. The Community Partner shall allow the names and logos of KaBOOM!and the Funding Partner to be displayed on permanent playground signage,which shall be substantially in the form provided to the Community Partner during the application process and shall be no greater than 14 1/4 inches wide by 301/4 inches tall and mounted on poles in a mutually agreed location. (g) Playground Costs. The Community Partner is solely responsible for and shall hold KaBOOM!and the Funding Partner harmless from any costs incurred by the Community Partner for any prior site preparation, upgrades or improvements or any equipment or materials purchased to supplement those secured by KaBOOM!. (h) Warranty. The playground equipment and the safety-surfacing related to the Project may be covered under warranty by the applicable manufacturers,a copy of which may be obtained, upon request, from such manufacturers. The Community Partner acknowledges that any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer's terms thereof, and the Community Partner agrees to look solely to such manufacturers for any such warranty and/or guarantee. Neither KaBOOM! nor the Funding Partner nor any of their respective affiliates,directors, officers,managers, partners, members,shareholders, employees, agents or representatives, have made nor are in any manner responsible or liable for any representation,warranty or guarantee, express or implied, in fact or in law, relative to any equipment or material, including its quality,mechanical condition or fitness for a particular purpose. (i) Insurance. The Community Partner(or such other appropriate entity to which KaBOOM!consents in writing)shall obtain and maintain from no less than seven(7)days prior to the Build Day and through the first anniversary of the Build Day,commercial general liability insurance(providing coverage against liability for bodily injury,death and property damage that may arise out of or be based upon the use of the playground)with a limit of not less than one million dollars($1,000,000)per occurrence. The Community Partner shall also obtain and maintain worker's compensation insurance policies with statutory limits for the state in which the work is performed for their volunteer employees. Within seven(7)days from execution of this Agreement,the Community Partner shall provide to KaBOOM!a copy of a certificate from its insurer indicating the nature,scope, duration and amount of insurance coverage,and naming KaBOOM!and the Funding Partner as additional insureds under such policy,which insurance shall be primary over any other insurance covering KaBOOM!and the Funding Partner and which policy shall provide that KaBOOM! and the Funding Partner be given at least thirty(30)days prior written notice of any change or cancellation of coverage. (j) Indemnification. The Community Partner shall indemnify and hold harmless KaBOOM!, the Funding Partner and their respective affiliates, directors,officers, managers, partners, members,shareholders,employees, agents and representatives from any and all losses, liabilities, claims, actions,fees and expenses (including interest and penalties due and payable with respect thereto and reasonable attorneys'and accountants'fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing,defending or settling any action), including any of the foregoing arising under,out of or in connection with any breach of this Agreement, any actions associated with this Project or resulting from the use of any playground property and equipment, including those for personal injury,death,or property damage,except to the extent resulting from the gross negligence or willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement. (k) Data and Reporting Requirements. The Community Partner shall(i) promptly following the confirmation of the Project,distribute one or more play-related surveys provided by KaBOOM!to its stakeholders, including parents/caregivers, volunteers,staff and board members, (ii)cause members of its planning committee to complete a post-build survey provided by KaBOOM!within 2 weeks from the Build Day and a 6-month survey provided by KaBOOM!within 7 months from the Build Day. (I) Code of Conduct. The Community Partner shall establish,communicate and enforce a code of conduct for all participants in the Project's Build Day events. The Community Partner shall identify certain core standards that are expected to be included in the Community Partner's code of conduct. 2. Obligations of KaBOOM!. (a) Playground Build. KaBOOM!shall provide technical and organizational leadership and guidance for the Project and shall: (i) Coordinate Funding Partner participation,facilitate playground design, including regular planning meetings, and work with vendors to procure equipment and materials in a timely manner,except to the extent that safety surfacing other than engineered wood fiber is used,which shall be procured by the Community Partner. (ii) 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 and other general supplies are available on the Build Day. (iii) Lead the Build Day activities, including the coordination of Build Day captains and volunteers. (iv) Make available certain educational and promotional materials related to the Project. (b) Inspection. KaBOOM!, in collaboration with the Community Partner,will secure a Certified Playground Safety Inspector to review the playground structure 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)to ensure that the structure is safe and built to all appropriate standards and guidelines, unless the Build Day is not completed on the Build Day due to failure of the Community Partner, in which case the Community Partner shall secure the Certified Playground Safety Inspector. (c) Promotion. KaBOOM!will provide proposed promotional materials relating to the Project for the Community Partner's review and approval,which approval shall not be unreasonably withheld or delayed. (d) Website Listing. KaBOOM!will place the playground on its list of KaBOOM! builds on the KaBOOM!website and KaBOOM!will send information to the Community Partner on playground maintenance programming and enhancements. (e) Post-Build Day. The Community Partner shall(i)within one week following the Build Day,complete and submit a Post Build Report, in the form to be made available by KaBOOM!, and(ii)shall use its commercially reasonable efforts to provide, and otherwise shall cooperate in good faith with KaBOOM!regarding obtaining, such other information related to the Project as KaBOOM!from time to time may request. 3. Build Day Postponement. The Build Day shall not be postponed except when weather or other conditions jeopardize the safety of the volunteers or threaten the structural integrity of the playground. The decision to postpone the Build Day will be made by majority agreement of the representatives of KaBOOM!,the Community Partner and the Funding Partner,except where such decision must be made by KaBOOM!on the construction site and representatives of the Community Partner and the Funding Partner are not available for consultation. In the event that the Build Day is postponed, KaBOOM!, the Community Partner and the Funding Partner shall develop a plan for rescheduling the Build Day at the next earliest date possible for each party.The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Day, including,without limitation,equipment, labor and materials,storage and travel costs and expenses;provided,however,that the Funding Partner shall be notified of the estimated amount of such additional expenses in connection with rescheduling of the Build Day. Notwithstanding the foregoing, in the event that the date of the Build Day is cancelled or changed as a result of the Community Partner's failure to satisfy its obligations in connection with the Project, then the Community Partner shall be liable to KaBOOM!and the Funding Partner for all such additional expenses related to the rescheduled Build Day. 4. Funding Partner Relations. KaBOOM! has a separate contract with the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resources for the Project. In recognition of the Funding Partner's contribution of such resources, the Funding Partner shall receive first placement on any recognition materials developed for the Project, including playground signage, banners,T-shirts, press releases,website and newsletter stories, and flyers,and the Community Partner shall not solicit sponsors or donors in relation to the Project whose products or services directly compete with the products or services of the Funding Partner as identified to the Community Partner by KaBOOM!and/or the Funding Partner. In the event the Community Partner solicits other sponsors or donors,then the Community Partner shall not permit such sponsors or donors to compete with the Funding Partner for signage and sponsorship recognition. 5. Termination. In the event that the Community Partner fails to make the payments required under Section 1(a)or otherwise breaches this Agreement, KaBOOM! may terminate this Agreement upon written notice to the Community Partner of such termination. Furthermore, if either party is delayed or prevented from fulfilling any of its obligations hereunder by any cause beyond its reasonable control, including acts of God, acts or omissions of civil or military authorities,fire,strike,flood, riot, act of terrorism,war, transportation delay,or inability due to such causes to obtain required labor, materials or facilities, such party shall not be liable hereunder for such delay or failure and either party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten (10)calendar days due to such force majeure event, in which case KaBOOM!shall refund to the Community Partner any amounts paid to KaBOOM!, less expenses already committed and/or incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KaBOOM!the by Community Partner exceeds the sum paid to KaBOOM!hereunder,the Community Partner shall pay KaBOOM!for any such additional sum due upon presentation of appropriate documentation within thirty(30)days of invoice. Except as set forth above, upon any termination,this Agreement shall become void and have no effect, and no party shall have any liability to the other party,except that nothing herein will relieve any party from liability for any intentional breach of this Agreement prior to such termination. 6. General Provisions. The Community Partner represents to KaBOOM!that all information provided by it to KaBOOM!, including in the Playground Profile Application, is true, correct and complete in all respects and does not omit any information relevant to the Project. Each party has all requisite power and authority, including any necessary approval by its governing body,to execute and deliver this Agreement, and to perform its obligations hereunder.This Agreement may not be assigned or transferred by either party without the prior written consent of the other party hereto.This Agreement shall inure to the benefit of and be binding upon the parties hereto,their respective successors and permitted assigns,and where expressly stated,their affiliates and representatives.This Agreement shall be governed by and construed under the laws of the State of New York,without regard to conflicts of laws principles to the extent that the application of the laws of another jurisdiction would be required thereby. This Agreement may be altered,modified or amended only by a written document signed by both parties. This Agreement may be executed in two or more counterparts,each of which shall be an original and all of which,when taken together, shall constitute the same agreement and may be delivered by facsimile or electronic mail transmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or electronic mail transmission(the receipt of which is confirmed)at the address set forth under such party's signature below. The Funding Partner shall be an intended third party beneficiary of Sections 1(b),(e), (f), (g), (h), (i)and (j)and Sections 2(b),3,4 and 6 of this Agreement and is entitled to enforce its rights under such sections as if it were a party to this Agreement. • By executing this Community Partner Playground Agreement where indicated below,each of KaBOOM!and the Community Partner agrees,as of the date identified above,to be legally bound by all of the terms and provisions set forth above. «CP» KaBOOM!,Inc. By: Name:«Signatory_1>> By: Title: <Sig_1_Title» Name: Gerry Megas Title: Chief Financial Officer Address: Address: «S1_Address» 4301 Connecticut Ave. NW, Suite ML-1 T: «S1_Phone» Washington, DC 20008 «S1_Fax» T: (202)464-6180 e-mail: «S1_Email» F: (202)659-0210 e-mail: gmegas@kaboom.org «CP_2» «Signatory_2» «Sig_2_Title» «S2_Address» «S2_Phone» «S2_Fax» «S2 Email» Contact information for the person who should receive KaBOOM! invoices: Name: «Invoice_Name» Telephone number:«Invoice_Phone» Mailing Address: Email: «Invoice_Email» «Invoice Address» «Invoice Fax»