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The City of Santa Ana Parks, Recreation and Community Services Agency Letter of Agreement 5 January 11, 2008 2.1.5. Provide educational and promotional materials to support the playground project, including the KaBOOM! Tool Kit of publications (4-book set), KaBOOM! online Playground Planner, nametags and other general supplies. 2.1.6. Provide for and coordinate the participation of the Funding Partner, CaliforniaVolunteers, which has committed to provide KaBOOM! with financial, human and/or in-kind resources to bring to fruition the playground project with The City of Santa Ana Parks, Recreation and Community Services Agency. 2.2. KaBOOM! (in collaboration with The City of Santa Ana Parks, Recreation and Community Services Agency), will provide or secure a Certified Playground Safety Inspector (CPSI) to review the playground structure to ensure that it is safe and built to all appropriate standards and guidelines. The City of Santa Ana Parks, Recreation and Community Services Agency acknowledges that neither KaBOOM! or Funding Partner nor their respective officers, directors, employees, or agents have made or are in any way responsible or liable for action, inaction or negligence of the CPSI and The City of Santa Ana Parks, Recreation and Community Services Agency agrees to look solely to the CPSI for any such liability, costs or expenses which arise out of the CPSl's action, inaction or negligence. 2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaBOOMI assumes responsibility for the playground construction going beyond one day, at the conclusion of the installation. 2.2.2. In accordance with Section 4, The City of Santa Ana Parks, Recreation and Community Services Agency shall be solely responsible for any injury, property damage, or death which occurs in connection with the playground after review of the playground is completed. 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 failure of The City of Santa Ana Parks, Recreation and Community Services Agency to meet the terms of this Agreement, then The City of Santa Ana Parks, Recreation and Communtty Services Agency will be responsible for securing a CPSI to review the playground. 3. FUNDING PARTNER RELATIONS 3.1. KaBOOM! has a separate agreement with a KaBOOM! Funding Partner, CALlFORNIAVOLUNTEERS ("Funding Partner"), whose contributions to KaBOOM! are helping to make this Project possible. 3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the products or services of the Funding Partner. 3.2.1. For the purposes of this Agreement, sponsors are defined as individuals, businesses or philanthropic organizations that contribute funding or in-kind gifts to this Project in exchange for certain rights to promote their affiliation with this Project to the general public, including but not limited to public name recognition via this playground project's signs, T-shirts, media materials and public-address systems. Conversely, donors are individuals or groups whose gifts to this Project require personal acknowledgement only, such as thank-you letters. 3.3. In the event the Community Partner solicits other sponsors or donors, then those sponsors and donors shall not compete with the Funding Partner for signage and sponsorship recognition. The Funding Partner shall receive first placement on any recognition materials developed for the Project, including playground signage, banners, T-shirts, press releases, web-site and newsletter stories, and flyers.