Loading...
HomeMy WebLinkAbout2013/06/04 Item 04CITY COUNCIL AGENDA STATEMENT ~`~~ CITY OF ---- CHULA VISTA 6/4/13, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT OF UNIVERSALLY ACCESSIBLE PLAYGROUND EQUIPMENT FROM KABOOM! FOR HILLTOP PARK; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL GRANT DOCUMENTS INCLUDING A COMMUNITY PARTNER PLAYGROUND CONTRACT NECESSARY TO SECURE THE GRANT FUNDS; AND AUTHORIZING THE APPROPRIATION OF $8,500 IN MATCHING FUNDS TO THE PUBLIC WORKS DEPARTMENT SUBMITTED BY: DIRECTOR OF PUBLIC WORK ASSISTANT DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTOR OF RECREATION~lL.L REVIEWED BY: CITY MANAGER ASSISTANT CITY MANAGER 4/STHS VOTE: YES ® NO ^ SUMMARY As part of a planned City project to make improvements to Hilltop Park, the City applied for a grant of universally accessible playground equipment for the park from the KaBOOM! organization, a national nonprofit that works with funding partners to build playground equipment for parks. On May 22, 2013, staff received preliminary notice of award of the grant. If accepted, KaBOOM! will provide state-of--the-art playground equipment for 2-12 year olds to be installed by community and other volunteers in partnership with Turning the Hearts Center and Foresters, an insurance provider that is KaBOOM!'s funding partner for this project. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1(d) categorical exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines because the proposed acceptance and appropriation of funding will result in the replacement of older playground equipment with similar but improved playground equipment 4-1 6/4/13, Item Page 2 of 3 at a City public park with no expansion of an existing use. Thus, no further environmental review is required. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSIONS Not applicable. DISCUSSION KaBOOM! is a national nonprofit organization that works with funding partners to build playgrounds throughout North America. In 2006, the City was awazded a KaBOOM! grant for the installation of new playground equipment at Eucalyptus Park. In 2012, City staff and Turning the Hearts Center applied for a second grant to address an identified critically important need to provide safe access for children to new playground equipment at Hilltop Park. On May 23, 2013, City staff received notification that the grant had been awarded and a Design Day was scheduled for June 10, 2013, to allow a cross section of community representatives to provide input into the design of the playground if the grant is accepted. Hilltop Pazk is located in a primarily residential community and there aze no nearby public pazks accessible for the local residents in this area. The current playground equipment has been in use since the pazk was dedicated in 1974 and is very outdated and in critical need of replacement. The project will provide recreational facilities for young and older children and the equipment will be universally accessible, addressing a need of a very underserved segment of the population - children with disabilities. In addition, in 2012 only 36 reservations were made to utilize the gazebos in Hilltop Pazk. It is hoped that by improving the pazk playground equipment, families will be encouraged to use the pazk more frequently. The project would provide playground equipment by Playworld Systems for both 2-5 yeaz olds and 5-12 year olds. The grant also includes the installation of engineered wood fiber. The City is responsible for providing an $8,500 cash match. The cash match will be funded from anticipated donated revenues to be generated from a fundraising effort organized with the support of Deputy Mayor Pamela Bensoussan's office. If Council accepts the award, KaBOOM! will expedite the purchase of the equipment and installation of the safety surfacing, and provide project oversight. Adult community partners would then join the funding partner volunteers to install the playground equipment during a "Build Day" event, tentatively scheduled for August 3, 2013. Direct supervision would be provided by City Certified Playground Safety Inspectors. Build Day would culminate in a ribbon-cutting ceremony. Once installed, the City would own the equipment and agree to install the matching KaBOOM! playground 12" X 30" sign. The final value of the playground is estimated to be in excess of $50,000. 4-2 6/4/13, Item I Page 3 of 3 The attached Community Partner Playground Contract between the City, Turning the Hearts Center and KaBOOM! sets forth these and other project details. The contract has been reviewed and approved by the City Attorney. If approved by Council, it would be signed by the Director of Public Works. DECISION MAKER CONFLICT Staff had reviewed the property holdings of the City Council and has found no property holding within 500 feet of the boundaries of the property which is the subject of this action. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT The approval of this recommendation will result in the appropriation of $8,500 in required grant matching funds to the Public Works Department fiscal year 2012-13 supplies and services budget that will be offset by anticipated donation revenues. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as this is a one-time grant. ATTACHMENTS Community Partner Playground Contract Prepared by: Michael Lengyel, Senior Management Analyst H: IPUBLIC WORKS- ENGIAGENDAICAS2013106-04-131Kaboom Grant Agenda StatementFINAL.doc 4-3 • ' COMMUNITY PARTNER PLAYGROUND CONTRACT ~ May 30, 2013 KaBOOM!, Inc. (referred to herein as KaBOOM!) is pleased that the City of Chula Vista and Turning the Hearts Center (referred to collectively herein as the Community Partner) has agreed to collaborate with KaBOOM! and Foresters (referred to herein as the Funding Partner) in the construction of a new playground at Hilltop Park, 780 Hilltop Ddve, Chula Vista, CA 91910 (the "Project"). This Community Partner Playground Contract (this "Agreement"), which sets forth the Community Partner's obligations in connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. 1. Obligations of the Community Partner. The Community Partner shall work with KaBOOM! and the Funding Partner as well as community residents to design, plan and build the Project. By executing this Agreement, the Community Partner is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KaBOOM!: (a) Fundraising. In support of the Project, the Community Partner must contribute $8,500 to KaBOOM!, which will apply the funds directly to the purchase of playground equipment. KaBOOM! will invoice the Community Partner for such amount promptly folloving the execution of this Agreement, which amount must be paid in full at least thirty (30) days prior to the Project's Build Day (as defined below). (b) Proiect Site. (i) Ownership. At the time of execution of this Agreement, the City of Chula Vista shall provide KaBOOM! v~ith proof of land ownership evidenced by either a deed granting title to the property to the City of Chula Vista or a letter from the property owner shovdng approval far the Project. The City of Chula Vista is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaBOOM! and/or the Funding Partner. (ii) Permits. Prior to Build Day, the Community Partner shall obtain all necessary permits and licenses regarding the installation, possession and use of the playground in compliance with applicable laws and regulations. (iii) Preparation. The Community Partner shall ensure that the Project site is safe for volunteers and children, which responsibility includes: (1) recruiting fifteen (15) adult volunteers to participate in preparetion activities two to three days prior to Build Day; (2) preparing the site for the installation of the Project at least two weeks before Build Day, which includes removing existing playground equipment, footers and safety surfacing, grading the land, removing fencing and performing soil tests; (3) conducting up to twv (2) utility checks as reasonably requested by KaBOOM! with the appropriate utility companies, with the frst test being completed on or before Design Day (as defined below) and with all utility check documentation provided upon completion to the KaBOOM! project manager who shall supervise the planning and installation of the playground (the "Project Managed'); and (4) conducting up to two (2) soil site tests as reasonably requested by KaBOOM!, with the first test being completed on or before Design Day and with all soil check documentation provided to the Project Manager upon completion. The Community Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers. (iv) Safety and Security. The Community Partner 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 City of Chula Vista. The City of Chula Vista shall collaborate with KaBOOM! during the Project planning process to develop a maintenance program for the playground and 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 Chula Vista for any reason, then the City of Chula Vista promptly shall notify KaBOOM! following its becoming aware of such situation and shall, at the City of Chula Vista's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the playground 4-4 equipment (including any permanent signage and other fixtures) to an alternate 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 City of Chula Vista to maintain) such playground in accordance with the maintenance program. In addition, the City of Chula Vista 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 Playwndd Systems, Inc. (c) Desicn Dav. The Community Partner agrees to host a KaBOOM!-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 Da .The Community Partner shall recruit 150 adult volunteers from the community to participate in a one-day installation event for the Project, which is scheduled to occur on Saturday, August 03, 2013 and which is referred to herein as the Build Day. The Community Partner shall ensure that all volunteers sign a waiver. On the Build Day, the Community Partner shall provide food, water, tools, dumpsters, music and restroom facilities for all volunteers. (e) Promotion; Intellectual Procertv. The Community Partner shall seek prior approval from KaBOOM! andlor the Funding Partner for any materials that reference the Project or contain the name, trademarks, sewice marks, logos and other intellectual property (collectively, and together vrith all goodwill attached or which shall become attached to any of the them, the "Marks") of KaBOOM! andlor the Funding Partner, including press releases, Fliers and promotional materials. The Community Partner acknowledges and agrees that each of KaBOOM! and the Funding Partner is the sole owner of all right, title and interest in and to its respective Marks. The parties acknowledge that KaBOOM! and the Funding Partner may take all steps to protect their Marks as they deem appropdate. Any use of the Marks will inure to the sole benefit of KaBOOM! or the Funding Partner (as applicable). The Community Partner shall not use the Marks in any manner that would harm the reputation of KaBOOM! 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 Partner shall cease all use of the Marks. The Community Partner shall collaborate with KaBOOM! and the Funding Partner to secure media coverage for the Project. (f) Sicnace. The City of Chula Vista shall allow the names and logos of KaBOOM! and the Funding Partner to be displayed on permanent playground signage, which shall be substantially in the form provided to the Community Partner during the application process and shall be 12 Y. inches vdde by 30 Y. inches tall and mounted on poles in a mutually agreed location. (g) Plavoround Costs. The Community Partner is solely responsible for and shall hold KaBOOM! and the Funding Partner harmless from any costs beyond the proposed Project budget, including costs incurred by the Community Partner for any prior site preparation, upgrades or improvements or any equipment or materials purchased to supplement those secured by KaBOOM!. (h) Woman .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 manufacturers. The Community Partner acknowledges that any warranties andlor guarantees on any equipment or material are subject to the respective manufacturer's terms thereof, and the Community Partner agrees to look solely to such manufacturers for any such warranty andlor guarantee. Neither KaBOOM! nor the Funding Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents or representatives, have made nor are in any manner responsible or liable for any representation, warranty or guarantee, express or implied, in fact or in law, relative to any equipment or material, including its quality, mechanical condition orfitness far a particular purpose. (i) Insurance. The City of Chula Vista and Turning the Hearts Center (or such other appropriate entity to which KaBOOM! consents in writing) shall each obtain and maintain from no less than seven (7) days prior to the Build Day and through the frst anniversary of the Build Day worker's compensation insurance policies and commercial general liability insurance (providing coverage against liability for bodily injury, death and property damage that may arise out of or be based upon the use of the playground), in each case in amounts not less than one million dollars ($1,000,000). At the time of execution of this Agreement, the City of Chula Vista and Turnings the Hearts Center shall each provide to KaBOOM! a copy of a certificate from its insurer indicating the nature, scope, duration and amount of insurance coverage, and naming KaBOOM! and the Funding Partner as additional insureds under such policy, which insurance shall be primary over any other insurance covering KaBOOM! and the Funding Partner and which policy shall provide that KaBOOM! and the Funding Partner be given at least thirty (30) days prior wdtten notice of any change or cancellation of coverage. Q) Indemnification. The Community Partner shall indemnify and hold harmless KaBOOM!, the Funding Partner and their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents and 4-5 representatives from any and all losses, liabilities, claims, actions, fees and expenses (including interest and penalties due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing, defending or settling any action), including any of the foregoing arising under, out of or in connection with any breach of this Agreement, any actions associated v~ith this Project or resulting from the use of any playground property and equipment, including those for personal injury, death, or property damage, except to the extent resulting from the willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement. 2. Obligations of KaB00M!. (a) Plavoround Build. KaB00M! shall provide technical and organizational leadership and guidance for the Project and shall: (i) Coordinate Funding Partner participation, facilitate playground design, including regular planning meetings, and work vrith vendors to procure equipment and materials in a timely manner, except to the extent that safety surfacing other than engineered wood fiber is used, which shall be procured by the Community Partner. (ii) Manage construction logistics for the Project, coordinate playground site preparation activities vrith the Community Partner, inventory equipment and materials, and assure that the necessary tools and materials are available on the Build Day. (iii) Lead the Build Day activities, including the coordination of Build Day captains and volunteers. (iv) Provide educational and promotional materials to support the Project, including the KaB00M! Tool Kit (a 4-book set), KaB00M! online Playground Planner, nametags and other general supplies. (b) Inspection. KaB00M!, in collaboration with the Community Partner, will secure a Certified Playground Safety Inspector to review the playground structure at the conclusion of the Build Day (or, 'rf KaB00M! assumes responsibility for the playground construction going beyond one day, at the conclusion of the installation) to ensure that the structure is safe and built to all appropriate standards and guidelines, unless the Build Day is not completed on the Build Day due to failure of the Community Partner, in which case the Community Partner shall secure the Certified Playground Safety Inspector. (c) Promotion. KaB00M! vrill provide proposed promotional materials relating to the Project for the Community Partner's review and approval, which approval shall not be unreasonably v~ithheld or delayed. (d) Website Listing. KaB00M! will place the playground on its list of KaB00M! builds on the KaB00M! website and KaB00M! will send information to the Community Partner on playground maintenance programming and enhancements. (e) Post-Build Dav. The Community Partner shall (i) v~ithin one week following the Build Day, complete and submit a Post Build Report, in the form to be made available by KaB00M!, and (ii) shall use its commeroially reasonable efforts to provide, and otherwise shall cooperate in good faith with KaB00M! regarding obtaining, such other information related to the Project as KaB00M! from time to time may request. 3. Build Dav Postponement. The Build Day shall not be postponed except when weather or other conditions jeopardize the safety of the volunteers or threaten the structural integrity of the playground. The decision to postpone the Build Day will be made by majority agreement of the representatives of KaB00M!, the Community Partner and the Funding Partner, except where such decision must be made by KaB00M! on the construction site and representatives of the Community Partner and the Funding Partner are not available for consultation. In the event that the Build Day is postponed, KaB00M!, the Community Partner and the Funding Partner shall develop a plan for rescheduling the Build Day at the next eadiest date possible for each party. The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Day, including, vdthout limitation, equipment, labor and materials, storage and travel costs and expenses; provided, however, that the Funding Partner shall be notified of the estimated amount of such additional expenses in connection vdth rescheduling of the Build Day. Notwithstanding the foregoing, in the event that the date of the Build Day is cancelled or changed as a result of the Community Partner's failure to satisfy its obligations in connection with the Project, then the Community Partner shall be liable to KaB00M! and the Funding Partner for all such additional expenses related to the rescheduled Build Day. 4. Funding Partner Relations. KaB00M! has a separate contract vdth the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resouros for the Project. In recognition of the Funding Partner's contribution of such resources, the Funding Partner shall receive first placement on any recognition materials developed for the Project, including playground signage, banners, T-shirts, press releases, website and newsletter stories, and flyers, and the Community Partner shall not solicit sponsors or donors in relation to the Project whose products or services directly compete with the products or services of the Funding Partner as identified to the Community Partner by KaB00M! and/or the Funding Partner. In 4-6 the event the Community Partner solicits other sponsors or donors, then the Community Partner shall not permit such sponsors or donors to compete vrith the Funding Partner for signage and sponsorship recognition. Termination. In the event that the Community Partner fails to make the payments required under Section 1(a) or otherwise breaches this Agreement, KaBOOM! may terminate this Agreement upon written notice to the Community Partner of such termination. Furthermore, if either party is delayed or prevented from fulfilling any of its obligations hereunder by any cause beyond its reasonable control, including acts of God, acts or omissions of civil or military authorities, f re, strike, flood, riot, act of terrorism, war, transportation delay, or inability due to such causes to obtain required labor, materials or facilities, such party shall not be liable hereunder for such delay or failure and either party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten (10) calendar days due to such force majeure event, in which case KaBOOM! shall refund to the Community Partner any amounts paid to KaBOOM!, less expenses already committed andlor incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KaBOOM! by the Community Partner exceeds the sum paid to KaBOOM! hereunder, the Community Partner shall pay KaBOOM! for any such additional sum due upon presentation of appropriate documentation vrithin thirty (30) days of invoice. Except as set forth above, upon any termination, this Agreement shall become void and have no effect, and no party shall have any liability to the other party, except that nothing herein will relieve any party from liability for any intentional breach of this Agreement prior to such termination. 6. General Provisions. The Community Partner represents to KaBOOM! that all information provided by it to KaBOOM!, including in the Playground Prof le Application, is true, correct and complete in all respects and does not omit any information relevant to the Project. Each parry has all requisite power and authority, including any necessary approval by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party hereto. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and where expressly stated, their affiliates and representatives. This Agreement shall be governed by and construed under the laws of the State of California, without regard to conflicts of laws principles to the extent that the application of the laws of another jurisdiction would be required thereby. This Agreement may be altered, modified or amended only by a written document signed by both parties. This Agreement may be executed in two or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute the same agreement and may be delivered by facsimile or electronic mail transmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or electronic mail transmission (the receipt of which is confirmed) at the address set forth under such party's signature below. The Funding Partner shall be an intended third party beneficiary of Sections 1(b), (e), (f), (g), (h), (i) and Q) and Sections 2(b), 3, 4 and 6 of this Agreement and is entitled to enforoe its rights under such sections as if it were a party to this Agreement. 4-7 By executing this Community Partner Playground Contract where indicated below, each of KaBOOM! and the Community Partner agrees, as of the date ident~ed above, to be legally bound by all of the terms and provisions set forth above. City of Chula Vista KaBOOMl, Inc. By: Name: R.A. Hopkins Title: Director of Public Works Address: 1800 Maxwell Road, Chula Vista, CA, 91911 T: 619-397-6080 e-mail: abemardo@chulavistaca.gov Turning the Hearts Center By: Name: Douglas E. Luffborough, III Title: Executive Director Address: 345 5th Ave., Chula Vista, CA, 91910 T: 619-750182 e-mail: dougluff@gmail.com By: Name: Gerry Megas Title: Chief Financial Officer Address: 4301 Connecticut Ave. Suite ML-1 Washington, DC 20008 T: (202) 464- 6180 F: (202) 659-0210 e-mail: gmecasna kaboom.oro Contact information for the person who should receive KaBOOM! invoices: Name: Agnes Bemardo Telephone number: 619-921-6988 Mailing Address: 1800 Maxwell Road, Chula Vista, CA, 91911 Email: abemardo@chulavistaca.gov 4-8 RESOLUTION N0.2013- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT OF UNIVERSALLY ACCESSIBLE PLAYGROUND EQUIPMENT FROM KABOOM! FOR HILLTOP PARK; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE ALL GRANT DOCUMENTS INCLUDING A COMMUNITY PARTNER PLAYGROUND CONTRACT NECESSARY TO SECURE THE GRANT FUNDS; AND AUTHORING THE APPROPRIATION OF $8,500 IN MATCHING FUNDS WHEREAS, The City of Chula Vista believes that safe access to nearby public playground facilities is critically important for the children of northwest Chula Vista; and WHEREAS, the playground equipment at Hilltop Park has been in use since the pazk was dedicated in 1974 and is very outdated and in need of replacement; and WHEREAS; the City wishes to provide new, age-appropriate playground equipment for 2-12 yeaz old children at the park, including children with physical disabilities; and WHEREAS, in 2006 the City was awarded a grant from the KaBOOM! organization for the installation of universally accessible playground equipment at Eucalyptus Park; and WHEREAS, the City was invited to partner with Turning the Hearts Center to apply for a second KaBOOM! grant for the installation of universally accessible playground equipment at Hilltop Park; and WHEREAS, the grant was awarded on May 22, 2013; and WHEREAS, the playground has been preliminary designed by parents, teens, and other community volunteers during a "Design Day" held on June 10 and the playground would be built by adult volunteers largely recruited and organized by Turning the Hearts Center during a "Build Day" tentatively scheduled for August 3, 2013; and WHEREAS, in accepting the grant, the City agrees to prepare the playground site and install a KaBOOM! sign at the park; and WHEREAS, the grant provides for the purchase of the playground equipment and the installation of engineered wood fiber; and WHEREAS, the City is required to contribute a $8,500 cash match to the project; and WHEREAS, a fundraising effort is being organized to raise funds to replace the City's cash match; and 4-9 WHEREAS, the final value of the new playground is estimated to be in excess of $50,000; and WHEREAS, the City will enter into a Community Partner Playground Contract with Turning the Hearts Center and KaBOOM! which sets forth these and other project details; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby. 1. Accept a KaBOOM! grant of universally accessible playground equipment to be installed at Hilltop Park; and 2. Authorize the Director of Public Works or his designee to execute in the name of the City of Chula Vista all grant documents, including but not limited to, a Community Partner Playground Contract and any amendments thereto that aze necessary to secure the grant funds; and 3. Authorize the appropriation of $8,500 Works Department fiscal yeaz 2012-13 anticipated donation revenues. Presented by Richard A. Hopkins Director of Public Works in required grant matching funds to the Public supplies and services budget that will be offset by Approved as to form by G n R. oogins City orney 4-10