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HomeMy WebLinkAbout2017 CON Kaboom - Community Partner Playground Addendum - Las Palmas Park ImprovementsNOTE TO FILE 06-11-2019 IN THE MATTER OF: Kaboom! Community Partner Playground Agreement for Las Palmas Park Improvements (Addendum). Please note the following: NO FULLY EXECUTED ORIGINAL AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK. A FULLY EXECUTED SCANNED COPY WAS PROVIDED BY THE COMMUNITY SERVICES DEPT. ORIGINATING DEPARTMENT: NTF CDC Housing & Economic Development City Attorney Human Resources City Manager MIS X Community Svcs. Planning Engineering Police Finance Public Works Fire COMMUNITY PARTNER PLAYGROUND AGREEMENT August 2, 2017 KaB00M!, Inc., a Washington, D.C. corporation(referred to herein as KaBOOM!) is pleased that the City of National City, a municipal corporation (referred to herein as the Community Partner) has agreed to collaborate with KaBOOM! and Dr Pepper Snapple Group (referred to herein as the Funding Partner) in the construction of a new playground at Las Palmas Park, located at 1810 E 22nd St, National City, CA 91950 (the Project"). This Community Partner Playground Agreement (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. KaB00M! will invoice the Community Partner for such amount promptly following 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) Protect Site. (i) Ownership. At the time of execution of this Agreement, the Community Partner shall provide KaBOOM! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project. The Community Partner 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 or cause to be obtained 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 preparation 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 two (2) utility checks as reasonably requested by KaBOOM! with the appropriate utility companies, with the first lest being completed on or before Design Day (as defined below) and with all utility check documentation provided upon completion to the KaB00MI project manager who shall supervise the planning and installation of the playground (the Project Manager"); and (4) conducting up to two (2) soil site tests as reasonably requested by KaB00M!, 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. 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 Community Partner. The Community Partner shall collaborate with KaB00M! during the Project (iv) 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 Community Partner for any reason, then the Community Partner promptly shall notify KaBOOM! following its becoming aware of such situation and shall, at the Community Partners 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 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 Community Partner to maintain) such playground in accordance with the maintenance program. In addition, the Community Partner 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 Day. The Community Partner agrees to host a KaBOOM!-facilitated "Design Day' with at east 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 Day. The Community Partner shall recruit 175 adult volunteers from the community to participate in a one - day installation event for the Project, which is scheduled to occur on a date to be determined 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 Property. The Community Partner shall seek prior approval from KaBOOM! and/or the Funding Partner for any materials that reference the Project or 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 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 appropriate. 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. Community Partner is subject to the California Public Records Act (see Government Code Section 6251 et seq.), and this Section 1(e) is not intended to impede or impair Community Partner's requirements or obligations under that Act. (f) Signage. The Community Partner 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'/4 inches wide by 30'/. inches tall and mounted on poles in a mutually agreed location. Playground Costs. The Community Partner is solely responsible for and shall hold KaBOOM! and the Funding Partner harmless from any 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) Warranty. 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 and/or 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 and/or guarantee. Neither KaBOOM! nor the Funding Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders, (9) (i) Indemnification. Except as is expressly prohibited by law, 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 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 with 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 gross negligence or willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement. (j) Data and Reporting Requirements. The Community Partner shall (i) promptly following the confirmation of the Project, distribute one or more play -related surveys provided by KaBOOM! to its stakeholders, including parents/caregivers, volunteers, staff and board members, (ii) cause members of its planning committee to complete a post -build survey provided by KaBOOM! within 2 weeks from the Build Day and a 6-month survey provided by KaBOOM! within 7 months from the Build Day. 2. Obligations of KaBOOM!. (a) Playground Build. KaBOOM! 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 with 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 with the Community Partner, inventory equipment and materials, and assure that the necessary tools and materials and other general supplies are available on the Build Day. (iii) Lead the Build Day activities, including the coordination of Build Day captains and volunteers. (iv) Make available certain educational and promotional materials related to the Project. (b) Inspection. KaBOOM!, 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, if KaBOOM! 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. Promotion. KaBOOM! will provide proposed promotional materials relating to the Project for the Community Partner's review and approval, which approval shall not be unreasonably withheld or delayed. (d) Website Listing. KaBOOM! will place the playground on its list of KaBOOM! builds on the KaBOOM! website and KaBOOM! will send information to the Community Partner on playground maintenance programming and (c) 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 or fitness for a particular purpose. Insurance. The Community Partner (or such other appropriate entity to which KaBOOM! consents in writing) shall obtain and maintain from no less than seven (7) days prior to the Build Day and through the first anniversary of the Build Day, 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) with a limit of not less than one million dollars ($1,000,000) per occurrence. The Community Partner shall also obtain and maintain worker's compensation insurance policies with statutory limits for the state in which the work is performed for their volunteer employees. Within seven (7) days from execution of this Agreement, the Community Partner shall 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 written notice of any change or cancellation of coverage. (i) enhancements. (e) Post -Build Day. The Community Partner shall (i) within one week following the Build Day, complete and submit a Post Build Report, in the form to be made available by KaBOOM!, and (ii) shall use its commercially reasonable efforts to provide, and otherwise shall cooperate in good faith with KaBOOM! regarding obtaining, such other information related to the Project as KaBOOM! from lime to time may request. 3. Build Day 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 KaBOOM!, the Community Partner and the Funding Partner, except where such decision must be made by KaBOOM! 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, KaBOOM!, the Community Partner and the Funding Partner shall develop a plan for rescheduling the Build Day at the next earliest date possible for each party. The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Day, including, without 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 with 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 KaBOOM! and the Funding Partner for all such additional expenses related to the rescheduled Build Day. 4. Funding Partner Relations. KaBOOM! has a separate contract with the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resources 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 KaBOOM! and/or the Funding Partner. In the event the Community Partner solicits other sponsors or donors, then the Community Partner shall not permit such sponsors or donors to compete with the Funding Partner for signage and sponsorship recognition. 5. 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, fire, 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 and/or incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KaBOOM! the by 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 within 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 Profile Application, is true, correct and complete in all respects and does not omit any information relevant to the Project. Each party 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 banding 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 Ca'ifomia 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 maf 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 (j) and Sections 2(b). 3, 4 and 6 of this Agreement and is entitled to enforce its rights under such sections as if it were a party to this Agreement. By executing this Community Partner Playground Agreement where indicated below each of KaBOOM! and the Community Partner agrees, as of the date identified above, to be legally bound by all of the terms and provisions set forth above The City of National City, a municipal corporation Name: Leslie Deese Title: City Manager Address: 1243 National City Blvd. National City, CA 91950 T: (619) 336-4242 e-mail:ldeeset nationalcitvca.gov KaB00MI, Inc. By. Name: Title: Chief Fi ancia '3 icer Address: 4301 Connecticut Ave. NW, Suite ML-1 Washington, DC 20008 T: (202) 464- 6180 F: (202) 659-0210 e-mail: gmegas(a)kaboom.orq Contact information for the person who should receive KaB00M! invoices: Name: Audrey Denham Mailing Address: 140 E 12th St National City, CA 91950 Telephone number. (619) 3364243 Email: adenham a( nationalcitvca.gov p hiv rnettarti}orc August 30, 2017 In the event of any irconsrstencies In the terms, provisions and conditions of the Community Partner Playground Agreement between the Community Partner and KaBOOMI and this Addendum the terms, provisions and conditions of this Addendum shal govern. Addendum to the Community Partner Playground Agreement between the City of National City, a municipal corporation, and KaBOOMI executed on August 2, 2017. This addendum confirms the change in the build date that was originally put forth. The Build Date will take place on November 11, 2017. By signing this Agreement, both parties agree that each has read and understands this Addendum in its entirety Terms Agreed to by: The City of NationaL.0, a municipal corporation B Name: Leslie Deese Title: City Manager Address 1243 National City Blvd. National City, CA 91950 T: (619) 336-4242 e-mail: Ldeese[a�nationalcitvca.Qov KaBOOMI, Inc. By: Name: Gerryr, Title: Chief Fii Address: 4301 Ccnnecticut Avenue, NW Julie NIL -I Washington, DC 20008 T: (202) 464-6075 F: (202) 659-0210 e-mail: gmecas(akaboom,org 4301 Connectrc:it Ave. NW, Suitt) AIL-t, Warhington, DC 20008 P 202850.0215 r 202659,02i° katwott7,o►g In the event of any inconsistencies in the terms, provisions and conditions of the Community Partner Playground Agreement between the Community Partner and KaBOOM! and this Addendum the terms, provisions and conditions of this Addendum shall govern. Addendum to the Community Partner Playground Agreement between The City of National City, a municpal corporation and KaBOOM! executed on August 2, 2017. Due to the increase in Engineered Wood Fiber ordered for the playground project The City of National City, a municpal corporation, agrees to pay for the following at least 30 days before Build Day, November 11, 2017 • $885.00 USD additional funds for Engineered Wood Fiber By signing this Agreement, both parties agree that each has read and understands this Addendum in its entirety. Terms Agreed to by: The City of National City, a municpal corporation B- Name: Leslie Deese Title: City Manager Address. 1243 National City Blvd. National City, CA 91950 T: (619) 336-4242 e-mail: Ldeeseaenationalcityca.gov 4301 Connecticut Ave NW. Suite ML-1, Washington DC 20008 KaBOOM!, Inc. By. Nam Title: Chief • -nc' .I r icer Address: 4301 Connecticut Avenue, NW Suite ML-1 Washington, DC 20008 T: (202) 464-6075 F: (202) 659-0210 e-mail: gmeoas(6 kaboom.orq 202.659 0215 ' 202 659.0210 kaboom.org RESOLUTION NO. 2017 — 154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A KABOOM! GRANT TO BUILD A NEW PLAYGROUND AT LAS PALMAS PARK; AUTHORIZING USE OF THE GENERAL FUND LAS PALMAS PARK IMPROVEMENTS BALANCE TO PROVIDE MATCHING FUNDS IN THE AMOUNT OF $8,500, AS REQUIRED BY KABOOM!; AUTHORIZING USE OF THE GENERAL FUND MATERIALS AND SUPPLIES BALANCE TO PROVIDE FUNDS IN THE AMOUNT OF $3,500 FOR FOOD, WATER, MUSIC, AND TOOLS FOR VOLUNTERRS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE KABOOM! COMMUNITY PARTNER PLAYGROUND AGREEMENT AND ANY NECESSARY ADDENDUMS TO THE COMMUNITY PARTNER PLAYGROUND AGREEMENT WHEREAS, on May 2, 2017, City Council authorized the City Manager to execute a letter of intent with KaBOOM! to advance the City in the grant selection process for the grant funding of a replacement playground at Kimball Park; and WHEREAS, KaBOOM! acts as an intermediary, matching donors (funding partners) with organizations in need of funding for playground equipment; and WHEREAS, subsequently, during the grant application review process, the City was made aware that the funding partner requested the location for the KaBOOM! Playground be changed to Las Palmas Park; and WHEREAS, given that the equipment currently in place at the Las Palmas Playground has reached the end of its useful life and has been identified as a priority for replacement, grant application documents were re -submitted in support of a new KaBOOM! playground at Las Palmas Park; and WHEREAS, on August 2, 2017, staff was notified that the City has been awarded the KaBOOM! grant for Las Palmas Park; and WHEREAS, all other conditions of the grant award remain the same. As part of the grant, the City is responsible for paying KaBOOM! $8,500, which will be applied to the purchase of playground equipment; and WHEREAS, the City is also responsible for providing food, water, tools, and music for volunteers during the ciAsign and build process, which is estimated to be $3,500, and City staff will work with local service clubs and businesses to secure donations to help offset the additional $3,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of the KaBOOM! grant to build a new playground at Las Palmas Park. BE IT FURTHER RESOLVED that the City Council hereby authorizes the use of the General Fund Las Palmas Park Improvements balance to provide the required matching funds in the amount of $8,500. Resolution No. 2017 — 154 August 15, 2017 Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes the use of the General Fund Materials and Supplies balance to provide funds in the amount of $3,500 for food, water, music, and tools for the volunteers. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the KaBOOM! Community Partner Playground Agreement and any necessary addendums to the Community Partner Playground Agreement. PASSED and ADOPTED this 15th day of August, 2017. orrison, •.yor ATTEST: ,,,riffibt/ c ael R. Dalla, , ity Clerk APPROVED AS TO FORM: O Passed and adopted by the Council of the City of National City, California, on August 15, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City C rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-154 of the City of National City, California, passed and adopted by the Council of said City on August 15, 2017. City Clerk of the City of National City, California By: Deputy e 2.014 - 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 15, 2017 AGENDA ITEM NO.: 13 fEM TITLE: Resolution of the City Council of the City of National City authorizing 1) the acceptance of the KaBOOM! grant to build a new playground at Las Palmas Park; 2) use of the General Fund Las Palmas Park Improvements balance to provide matching funds of $8,500 as required by KaBOOM!; 3) use of the General Fund Materials and Supplies balance to provide funds of $3,500 for food, water, music, and tools; 4) the City Manager to execute the KaBOOM! Community Partner Playground Agreement; 5) the City Manager to execute necessary addendums to the Community Partner Playground Agreement. PREPARED BY: Audrey Denham DEPARTMENT: Community Services PHONE: 619-336-4243 APPROVED BY: • EXPLANATION: ` As, See attached explanation. FINANCIAL STATEMENT: APPROVED: `I'*/Q4 Xa _ FINANCE ACCOUNT NO. APPROVED: MIS 001-409-500-598-4133 (Las Palmas Park Improvements) - $8,500 001-416-029-399-0000 (Materials and Supplies) - $3,500 Funds are appropriated and available in the above accounts. ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution, authorizing 1) the acceptance of the KaBOOM! grant; 2) use of the General Fund Las Palmas Park Improvements balance to provide matching funds of $8,500; 3) use of the General Fund Materials and Supplies balance to provide funds of $3,500; 4) the City Manager to execute the KaBOOM! Community Partner Playground Agreement; 5) the City Manager to execute necessary addendums to the Agreement. BOARD / COMMISSION RECOMMENDATION: N/A *►TTACHMENTS: . Community Partner Playground Agreement 1'9i so/4170' 'ems t' - 2b I .3- - !Si{ EXPLANATION On May 2, 2017, City Council authorized the City Manager to sign a letter of intent with KaBOOM! in order to advance the City in the grant selection process for the grant funding of a replacement playground at Kimball Park. KaBOOM! acts as an intermediary, matching donors (funding partners) with organizations in need of funding for playground equipment. During the grant application review process, staff was made aware that the funding partner requested the KaBOOM! grant replace the Las Palmas Park Playground instead of the Kimball Park Playground. Given that the equipment currently in place at the Las Palmas Playground has reached the end of its useful life and has been identified by Parks staff as a priority for replacement, at KaBOOM!'s request, in order for the City to move forward in the application process, staff re -submitted grant application documents in support of a new KaBOOM! playground at Las Palmas Park. On August 2, 2017, staff was notified that the City has been awarded the KaBOOM! grant for Las Palmas Park. With this action, staff seeks City Council authorization to accept the grant award for Las Palmas Park. The estimated playground completion timeframe is October or November of 2017. The process to design and build the Las Palmas Park playground is approximately 6 to 8 weeks and includes meeting the KaBOOM! project manager and funding partner, a site walk with KaBOOM! and City staff, youth and adult workshops to design the playground, site preparations by the Public Works department, and a community event to build the playground with 150 volunteers. It is anticipated that the Las Palmas Playground will be closed to the public for approximately 8 weeks, but the closure may vary depending on site preparations and KaBOOM!'s schedule. The KaBOOM! grant, will provide the remaining funds needed to replace the equipment. The current playground is approximately 3,040 square feet, and KaBOOM! will supply playground equipment for a 2,500 square foot area. All other conditions of award remain the same. As part of the grant the City is responsible for paying KaBOOM! $8,500, which will be applied to the purchase of playground equipment. The City is also responsible for providing food, water, tools and music for volunteers during the design and build process, which is estimated at $3,500. City staff will work with local service clubs and businesses to secure donations to help offset the additional $3,500. The Engineering and Public Works Department has available funds to cover the $8,500 and $3,500 required by KaBOOM!. COMMUNITY PARTNER PLAYGROUND AGREEMENT August 2, 2017 KaB00M!, Inc., a Washington, D.C. corporation(referred to herein as KaB00M!) is pleased that the City of National City, a municipal corporation (referred to herein as the Community Partner) has agreed to collaborate with KaB00M! and Dr Pepper Snapple Group (referred to herein as the Funding Partner) in the construction of a new playground at Las Palmas Park, located at 1810 E 22nd St, National City, CA 91950 (the "Project"). This Community Partner Playground Agreement (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 KaB00M! 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 KaB00M!: (a) Fundraising. In support of the Project, the Community Partner must contribute $8,500 to KaB00M!, which will apply the funds directly to the purchase of playground equipment. KaB00M! will invoice the Community Partner for such amount promptly following 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) Project Site. (i) Ownership. At the time of execution of this Agreement, the Community Partner shall provide KaB00M! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project. The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground, including the equipment and/or safety surfacing purchased by KaB00M! and/or the Funding Partner. (ii) Permits. Prior to Build Day, the Community Partner shall obtain or cause to be obtained 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 preparation 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 two (2) utility checks as reasonably requested by KaB00M! with the appropriate utility companies, with the first test being completed on or before Design Day (as defined below) and with all utility check documentation provided upon completion to the KaB00M! project manager who shall supervise the planning and installation of the playground (the "Project Manager"); and (4) conducting up to two (2) soil site tests as reasonably requested by KaB00M!, 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 Community Partner. The Community Partner shall collaborate with KaB00M! 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 Community Partner for any reason, then the Community Partner promptly shall notify KaBOOM! following its becoming aware of such situation and shall, at the Community Partner'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 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 Community Partner to maintain) such playground in accordance with the maintenance program. In addition, the Community Partner 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 Day. 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 Day. The Community Partner shall recruit 175 adult volunteers from the community to p?rticipate in a one - day installation event for the Project, which is scheduled to occur on a date to be determined 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 Property. The Community Partner shall seek prior approval from KaBOOM! and/or the Funding Partner for any materials that reference the Project or 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 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 appropriate. 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. Community Partner is subject to the California Public Records Act (see Government Code Section 6251 et. seq.), and this Section 1(e) is not intended to impede or impair Community Partner's requirements or obligations under that Act. Siqnaqe. The Community Partner 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'/4 inches wide by 30'/4 inches tall and mounted on poles in a mutually agreed location. Playground Costs. The Community Partner is solely responsible for and shall hold KaBOOM! and the Funding Partner harmless from any 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) Warranty. 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 and/or 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 and/or guarantee. Neither KaBOOM! nor the Funding Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders, (f) (g) (i) 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 or fitness for a particular purpose. Insurance. The Community Partner (or such other appropriate entity to which KaBOOM! consents in writing) shall obtain and maintain from no less than seven (7) days prior to the Build Day and through the first anniversary of the Build Day, 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) with a limit of not less than one million dollars ($1,000,000) per occurrence. The Community Partner shall also obtain and maintain worker's compensation insurance policies with statutory limits for the state in which the work is performed for their volunteer employees. Within seven (7) days from execution of this Agreement, the Community Partner shall 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 written notice of any change or cancellation of coverage. (i) Indemnification. Except as is expressly prohibited by law, 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 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 with 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 gross negligence or willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement. (j) Data and Reporting Requirements. The Community Partner shall (i) promptly following the confirmation of the Project, distribute one or more play -related surveys provided by KaBOOM! to its stakeholders, including parents/caregivers, volunteers, staff and board members, (ii) cause members of its planning committee to complete a post -build survey provided by KaBOOM! within 2 weeks from the Build Day and a 6-month survey provided by KaBOOM! within 7 months from the Build Day. 2. Obligations of KaBOOM!. (a) Playground Build. KaBOOM! 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 with 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 with the Community Partner, inventory equipment and materials, and assure that the necessary tools and materials and other general supplies are available on the Build Day. (iii) Lead the Build Day activities, including the coordination of Build Day captains and volunteers. (iv) Make available certain educational and promotional materials related to the Project. (b) Inspection. KaBOOM!, 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, if KaBOOM! 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. KaBOOM! will provide proposed promotional materials relating to the Project for the Community Partner's review and approval, which approval shall not be unreasonably withheld or delayed. (d) Website Listing. KaBOOM! will place the playground on its list of KaBOOM! builds on the KaBOOM! website and KaBOOM! will send information to the Community Partner on playground maintenance programming and enhancements. (e) Post -Build Day. The Community Partner shall (i) within one week following the Build Day, complete and submit a Post Build Report, in the form to be made available by KaBOOM!, and (ii) shall use its commercially reasonable efforts to provide, and otherwise shall cooperate in good faith with KaBOOM! regarding obtaining, such other information related to the Project as KaBOOM! from time to time may request. 3. Build Day 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 KaBOOM!, the Community Partner and the Funding Partner, except where such decision must be made by KaBOOM! 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, KaBOOM!, the Community Partner and the Funding Partner shall develop a plan for rescheduling the Build Day at the next earliest date possible for each party. The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Day, including, without 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 with 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 KaBOOM! and the Funding Partner for all such additional expenses related to the rescheduled Build Day. 4. Funding Partner Relations. KaBOOM! has a separate contract with the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resources 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 KaBOOM! and/or the Funding Partner. In the event the Community Partner solicits other sponsors or donors, then the Community Partner shall not permit such sponsors or donors to compete with the Funding Partner for signage and sponsorship recognition. 5. 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, fire, 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 and/or incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KaBOOM! the by 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 within 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 Profile Application, is true, correct and complete in all respects and does not omit any information relevant to the Project. Each party 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 (j) and Sections 2(b), 3, 4 and 6 of this Agreement and is entitled to enforce its rights under such sections as if it were a party to this Agreement. By executing this Community Partner Playground Agreement where indicated below, each of KaBOOM! and the Community Partner agrees, as of the date identified above, to be legally bound by all of the terms and provisions set forth above. The City of National City, a municipal corporation By: Name: Leslie Deese Title: City Manager Address: 1243 National City Blvd. National City, CA 91950 T: (619) 336-4242 e-mail:ldeese aenationalcitvca.gov KaBOOM!, Inc. By: Name: Gerry Megas Title: Chief Financial Officer Address: 4301 Connecticut Ave. NW, Suite ML-1 Washington, DC 20008 T: (202) 464- 6180 F: (202) 659-0210 e-mail: gmeaas at7kaboom.orq Contact information for the person who should receive KaBOOM! invoices: Name: Audrey Denham Mailing Address: 140 E 12th St National City, CA 91950 Telephone number: (619) 336-4243 Email: adenhamna nationalcityca.gov RESOLUTION NO. 2017 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF A KABOOM! GRANT TO BUILD A NEW PLAYGROUND AT LAS PALMAS PARK; AUTHORIZING USE OF THE GENERAL FUND LAS PALMAS PARK IMPROVEMENTS BALANCE TO PROVIDE MATCHING FUNDS IN THE AMOUNT OF $8,500, AS REQUIRED BY KABOOM!; AUTHORIZING USE OF THE GENERAL FUND MATERIALS AND SUPPLIES BALANCE TO PROVIDE FUNDS IN THE AMOUNT OF $3,500 FOR FOOD, WATER, MUSIC, AND TOOLS FOR VOLUNTERRS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE KABOOM! COMMUNITY PARTNER PLAYGROUND AGREEMENT AND ANY NECESSARY ADDENDUMS TO THE COMMUNITY PARTNER PLAYGROUND AGREEMENT WHEREAS, on May 2, 2017, City Council authorized the City Manager to execute a letter of intent with KaBOOM! to advance the City in the grant selection process for the grant funding of a replacement playground at Kimball Park; and WHEREAS, KaBOOM! acts as an intermediary, matching donors (funding partners) with organizations in need of funding for playground equipment; and WHEREAS, subsequently, during the grant application review process, the City was made aware that the funding partner requested the location for the KaBOOM! Playground be changed to Las Palmas Park; and WHEREAS, given that the equipment currently in place at the Las Palmas Playground has reached the end of its useful life and has been identified as a priority for replacement, grant application documents were re -submitted in support of a new KaBOOM! playground at Las Palmas Park; and WHEREAS, on August 2, 2017, staff was notified that the City has been awarded the KaBOOM! grant for Las Palmas Park; and WHEREAS, all other conditions of the grant award remain the same. As part of the grant, the City is responsible for paying KaBOOM! $8,500, which will be applied to the purchase of playground equipment; and WHEREAS, the City is also responsible for providing food, water, tools, and music for volunteers during the design and build process, which is estimated to be $3,500, and City staff will work with local service clubs and businesses to secure donations to help offset the additional $3,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of the KaBOOM! grant to build a new playground at Las Palmas Park. BE IT FURTHER RESOLVED that the City Council hereby authorizes the use of the General Fund Las Palmas Park Improvements balance to provide the required matching funds in the amount of $8,500. Resolution No. 2017 — August 15, 2017 Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes the use of the General Fund Materials and Supplies balance to provide funds in the amount of $3,500 for food, water, music, and tools for the volunteers. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the KaBOOM! Community Partner Playground Agreement and any necessary addendums to the Community Partner Playground Agreement. PASSED and ADOPTED this 15'h day of August, 2017. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Ron Morrison, Mayor RESOLUTION NO. 2017 — 154 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUTHORIZING THE ACCEPTANCE OF A KABOOM! G1=cr,. A NEW PLAYGROUND AT LAS PALMAS PARK; AUTHORIZI N, THE GENERAL FUND LAS PALMAS PARK IMPROVEMENTS BAL,. TO PROVIDE MATCHING FUNDS IN THE AMOUNT OF $8,500, AS REQUIRED BY KABOOM!; AUTHORIZING USE OF THE GENERAL FUND MATERIALS AND SUPPLIES BALANCE TO PROVIDE FUNDS IN THE AMOUNT OF $3,500 FOR FOOD, WATER, MUSIC, AND TOOLS FOR VOLUNTERRS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE KABOOM! COMMUNITY PARTNER PLAYGROUND AGREEMENT AND ANY NECESSARY ADDENDUMS TO THE COMMUNITY PARTNER PLAYGROUND AGREEMENT WHEREAS, on May 2, 2017, City Council authorized the City Manager to execute a letter of intent with KaBOOM! to advance the City in the grant selection process for the grant funding of a replacement playground at Kimball Park; and WHEREAS, KaBOOM! acts as an intermediary, matching donors (funding partners) with organizations in need of funding for playground equipment; and WHEREAS, subsequently, during the grant application review process, the City was made aware that the funding partner requested the location for the KaBOOM! Playground be changed to Las Palmas Park; and WHEREAS, given that the equipment currently in place at the Las Palmas Playground has reached the end of its useful life and has been identified as a priority for replacement, grant application documents were re -submitted in support of a new KaBOOM! playground at Las Palmas Park; and WHEREAS, on August 2, 2017, staff was notified that the City has been awarded the KaBOOM! grant for Las Palmas Park; and WHEREAS, all other conditions of the grant award remain the same. As part of the grant, the City is responsible for paying KaBOOM! $8,500, which will be applied to the purchase of playground equipment; and WHEREAS, the City is also responsible for providing food, water, tools, and music for volunteers during the design and build process, which is estimated to be V,500, and City staff will work with local service clubs and businesses to secure donations to help offset the additional $3,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of the KaBOOM! grant to build a new playground at Las Palmas Park. BE IT FURTHER RESOLVED that the City Council hereby authorizes the use of the General Fund Las Palmas Park Improvements balance to provide the required matching funds in the amount of $8,500. Resolution No. 2017 — 154 August 15, 2017 Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes the use of the General Fund Materials and Supplies balance to provide funds in the amount of $3,500 for food, water, music, and tools for the volunteers. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute the KaBOOM! Community Partner Playground Agreement and any necessary addendums to the Community Partner Playground Agreement. PASSED and ADOPTED this 15' day of August, 2017. orrison,` Nrayor ATTEST: G ,,..rziay c ael R. Dalla, Mi ity Clerk APPROVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on August 15, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-154 of the City of National City, California, passed and adopted by the Council of said City on August 15, 2017. N C _,,,t,Zj rk i City of the City oational City, California By: Deputy