KABOOM 5 - 2016 - Laserfiche WebLink

Home Browse Search

(iv) Safety and Security. The Community Partners 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 Cityof Santa Ana. The City of Santa Ana shall collaborate with KaBOOMI 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 City of Santa Ana for any reason, then the City of Santa Ana promptly shall notify KaBOOM! following its becoming aware of such situation and shall, at the City of Santa Ana'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 elternate 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 Cityof Santa Ana to maintain) such playground in accordance with the maintenance program. In addition, the City of Santa Ana 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. (c) Design Dov. Kid Healthy agrees to host a KaBOOMI-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 Dav. Kid Healthy shall recruit 125 adult volunteers from the community to participate in a one -day installation event for the Project, which is scheduled to occur on June 25(h, 2016 and which is referred to herein as the Build Day. Kid Healthy shall ensure that all volunteers sign a waiver, Including In favor of the City. On the Build Day, Kid Healthy shall provide food, water, tools, dumpsters, music and restroom facilities for all volunteers. (e) Promotion: Intellectual Property. The Community Partners shall seek prior approval from KaBOOMI andlor the Funding Partner for any materials that reference the Projector 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 Partners acknowledges and agrees that each of KaBOOMI and the Funding Partner is the sole owner of all right, title and interest in and to its respective Marks. The parties acknowledge that KaBOOMI 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 Partners shall not use the Marks in any manner that would harm the reputation of KaBOOMI 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 Partners shall cease 811 use of the Marks. The Community Partners shall collaborate with KaBCOM! and the Funding Partner to secure media coverage for the Project. (f) Signage. The Community Partners shall allow the names and logos of KaBOOMI and the Funding Partner to be displayed on permanent playground signage, which shall be substantially In the form provided to the Community Partners during the application process and shall be 12 %a inches wide by 30'/n inches tall and mounted on poles in a mutually agreed location. (g) Playground Costs. The Community Partners are solely responsible for and shall hold KaBOOMI and the Funding Partner harmless from any costs Incurred by the Community Partners for any prior site preparation, upgrades or improvements or any equipment or materials purchased to supplement those secured by KaBOOMI. (h) Warran , 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