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The City of Santa Ana Parks, Recreation and Community SetviGes Agency Letter of Agreement 4 January 11, 2008 1.12. The City of Santa Ana Parks, Recreation and Community Services Agency will agree to accept and maintain engineered wood fiber as playground safety surfacing, meeting standards established by CPSC guidelines, for the lifetime of the playground. 1.13. The City of Santa Ana Parks, Recreation and Community Services Agency is solely responsible for any additional costs beyond the proposed piayground project budget. KaBOOM! is not responsible for paying any vendors for any prior site preparation, upgrades or improvements not agreed upon with KaBOOM!. If Community Partner decides to purchase additional equipment or materials to supplement materials secured by KaBOOM!, then the Community Partner is solely responsible for paying for the materials and all other liabilities related to such materials. Neither KaBOOM! nor its Funding Partner(s) shall be liable for payment. Community Partner will hold KaBOOM! and the Funding Partner harmless of any payments or liability with respect to the additional items ordered. 1.14. The City of Santa Ana Parks, Recreation and Community Services Agency will seek prior approval from KaBOOM! and/or CaliforniaVolunteers for any written and/or printed materials that reference the Program and/or contain the logos of KaBOOM! or CaliforniaVolunteers, including but not limited to press releases, fliers and promotional materials. The City of Santa Ana Parks, Recreation and Community Services Agency will work in collaboration with KaBOOM! and/or CaliforniaVolunteers to secure media coverage. KaBOOM! will provide mutual opportunity for the Community Partner to review and approve materials prepared by KaBOOM! related to this Project (such approval not to be unreasonably withheld). 1.15. The City of Santa Ana Parks, Recreation and Community Services Agency will allow the names and logos of CaliforniaVolunteers and KaBOOM! on permanent playground signage, such as that shown as a sample during The City of Santa Ana Parks, Recreation and Community Services Agency's application process. Playground signage is 12 Y. inches wide by 30 Y. inches tall and mounted on poles. The sign will be erected in a mutually agreed upon location and in accordance with the Community Partner's guidelines regarding corporate signage. If the Community Partner has specific guidelines regarding corporate signage on its property, please attach those guidelines to this Agreement. 1.16. The City of Santa Ana Parks, Recreation and Community Services Agency understands that the playground will be added to the roster of KaBOOM! Build Guild and, as such, will receive subsequent information from KaBOOM! on playground maintenance, programming and enhancements. 2. OBLIGATIONS OF KaBOOM! 2.1. KaBOOM! will provide the Community Partner with technical and organizational leadership and guidance for the playground project. 2.1.1. Facilitate playground design and work with vendors to procure equipment and materials in a timely fashion, the possible exception being the installation of safety surfacing other than engineered wood fiber. 2.1.2. 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 are available to construct the playground. 2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee. 2.1.4. Lead the Build Day activities, including the coordination of Build Day captains and volunteers.