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KABOOM 3
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Last modified
8/23/2021 12:34:06 PM
Creation date
3/8/2005 12:24:59 PM
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Contracts
Company Name
KaBOOM
Contract #
A-2005-017
Agency
Parks, Recreation, & Community Services
Council Approval Date
1/18/2005
Expiration Date
4/8/2005
Destruction Year
2010
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from its insurer indicating the amount of insurance coverage, the nature of such coverage and the expiration date of each <br />applicable policy. <br />1.9. City of Santa Ana will obtain all necessary and appropriate permits and licenses regarding the installation and possession <br />and use of a playground prior to Build Day in compliance with local and state laws, regulations and guidelines. <br />1.10. City of Santa Ana is responsible for ensuring the playground site is safe for volunteers and children. <br />1.10.1. City of Santa Ana is responsible for conducting up to two utility site checks as reasonably requested by KaBOOM! <br />with the appropriate utility companies between two and eight weeks prior to the Build Day. Documentation of the utility <br />checks must be provided to the KaBOOM! Project Manager upon completion. <br />1.10.2. City of Santa Ana is responsible for conducting up to two soil site tests as reasonably requested by KaBOOM! <br />between two and ten weeks prior to the Build Day. Documentation of the soil checks must be provided to the <br />KaBOOM! Project Manager upon completion. City of Santa Ana is responsible for undertaking any necessary risk <br />mitigation should the soil be deemed unsafe for children or volunteers.. <br />1.11. City of Santa Ana will work with local authorities and/or private firms as appropriate to ensure the safety and security of <br />human and equipment resources (playground equipment, playground volunteers) from the point of material delivery, during <br />the period(s) when site preparation occurs on the playground site, and until the conclusion of the Build Day. <br />1.12. City of Santa Ana will agree to accept and maintain engineered wood fiber as playground safety surfacing, meeting <br />standards established by CPSC guidelines, for the lifetime of the playground. <br />1.13. City of Santa Ana is solely responsible for any additional costs beyond the proposed playground project budget. KaBOOM! <br />is not responsible for paying any vendors for any prior site preparation, upgrades or improvements not agreed upon with <br />KaBOOM!. If Community Partner decides to purchase additional equipment or materials to supplement materials secured by <br />KaBOOM!, then the Community Partner is solely responsible for paying for the materials and all other liabilities related to <br />such materials. Neither KaBOOM! nor its Funding Partner(s) shall be liable for payment. Community Partner will hold <br />KaBOOM! and the Funding Partner harmless of any payments or liability with respect to the additional items ordered. <br />14. City of Santa Ana will seek prior approval from KaBOOM! and/or The Home Depot for any written and/or printed materials <br />that reference the Program and/or contain the logos of KaBOOM! or The Home Depot, including but not limited to press <br />releases, fliers and promotional materials. City of Santa Ana will work in collaboration with KaBOOM! and/or The Home <br />Depot to secure media coverage. KaBOOM! will provide mutual opportunity for the Community Partner to review and <br />approve materials prepared by KaBOOM! related to this Project (such approval not to be unreasonably withheld). <br />15. City of Santa Ana will allow the names and logos of The Home Depot and KaBOOM! on permanent playground signage, <br />such as that shown as a sample during City of Santa Ana's application process. Playground signage is 12%inches wide by <br />30 Y> inches tall and mounted on poles designed to match the playground components in color and design. The sign will be <br />errected in a mutually agreed upon location and in accordance with the Community Partner's guidelines regarding corporate <br />signage. If the Community Partner has specific guidelines regarding corporate signage on its property, please attach those <br />guidelines to this Agreement. <br />16. City of Santa Ana understands that the playground will be added to the roster of KaBOOM! Build Guild and, as such, will <br />receive subsequent information from KaBOOM! on playground maintenance, programming and enhancements. <br />2. OBLIGATIONS OF KaBOOM! <br />2.1. KaBOOM! will provide the Community Partner with technical and organizational leadership and guidance for the playground <br />project. <br />Page 3 of 8 <br />
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