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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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2.1.1. Facilitate playground design and work with vendors to procure equipment and materials in a timely fashion, the <br />possible exception being the installation of safety surfacing other than engineered wood fiber <br />2.1.2. Manage construction logistics for the project, coordinate playground site preparation activities with the Community <br />Partner, inventory equipment and materials, and assure that the necessary tools and materials are available to <br />construct the playground <br />2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee <br />2.1.4. Lead the Build Day activities, including the coordination of Build Day captains and volunteers <br />2.1.5. Provide educational and promotional materials to support the playground project, including the KaBOOM! Tool Kit of <br />publications (4-book set), KaBOOM! online Playground Planner, nametags and other general supplies <br />2.1.6. Provide for and coordinate the participation of the Funding Partner, The Home Depot, which has committed to provide <br />KaBOOM! with financial, human and/or in -kind resources to bring to fruition the playground project with City of Santa <br />Ana. <br />2.2. KaBOOM! (in collaboration with City of Santa Ana), will provide or secure a Certified Playground Safety Inspector (CPSI) to <br />review the playground structure to ensure that it is safe and built to all appropriate standards and guidelines. City of Santa <br />Ana acknowledges that neither KaBOOM! or Funding Partner nor their respective officers, directors, employees, or agents <br />have made or are in any way responsible or liable for action, inaction or negligence of the CPSI and City of Santa Ana <br />agrees to look solely to the CPSI for any such liability, costs or expenses which arise out of the CPSI's action, inaction or <br />negligence. <br />2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaBOOM! assumes responsibility for the <br />playground construction going beyond one day, at the conclusion of the installation. <br />2.2.2. In accordance with Section 4, City of Santa Ana shall be solely responsible for any injury, property damage, or death <br />which occurs in connection with the playground after review of the playground is completed. <br />2.2.3. In accordance with Section 4, in the event that the Build Day is delayed or not completed on the scheduled day due to <br />failure of City of Santa Ana to meet the terms of this Agreement, then City of Santa Ana will be responsible for <br />securing a CPSI to review the playground. <br />3. FUNDING PARTNER RELATIONS <br />3.1. KaBOOM! has a separate agreement with a KaBOOM! Funding Partner, THE HOME DEPOT ("Funding Partner"), whose <br />contributions to KaBOOM! are helping to make this Project possible. <br />3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the products or <br />services of the Funding Partner. <br />3.2.1. For the purposes of this Agreement, sponsors are defined as individuals, businesses or philanthropic organizations <br />that contribute funding or in -kind gifts to this Project in exchange for certain rights to promote their affiliation with this <br />Project to the general public, including but not limited to public name recognition via this playground project's signs, T- <br />shirts, media materials and public-address systems. Conversely, donors are individuals or groups whose gifts to this <br />Project require personal acknowledgement only, such as thank -you letters. <br />3.3. In the event the Community Partner solicits other sponsors or donors, then those sponsors and donors shall not compete <br />with the Funding Partner for signage and sponsorship recognition. The Funding Partner shall receive first placement on any <br />recognition materials developed for the Project, including playground signage, banners, T-shirts, press releases, web -site <br />and newsletter stories, and flyers. <br />Page 4 of 8 <br />
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