Subject:  DONATION OF KABOOM! PLAYGROUND

 

COUNCIL DISTRICT:   3   

SNI:  N/A

REASON FOR ADDENDUM

 

City Council action is necessary at this time in order for KaBOOM! to commit their resources to begin the community process for the donation of this playground project.

 

 

RECOMMENDATION

 

It is recommended the City Council adopt a resolution authorizing the City Manager to negotiate and execute an agreement with KaBOOM! Inc. to accept a donation of playground equipment and services for Watson Park with an approximate value of $50,000.  This contract will include donated labor, requirement of a City contribution to the project of $2000, site preparation, staff time to coordinate volunteer efforts and community meetings, approve the design and final installation.  This could obligate the City to pay certain costs incurred by KaBOOM! and its funding partners if the installation of the playground equipment does not occur on June 28, 2003.

 

 

BACKGROUND

 

KaBOOM! was launched in 1995 and has raised more than $10 million for community playgrounds through partnerships with corporate, foundation, association and individual donors.  From 1997 to 2000, their three-year LET US PLAY campaign (supported generously by The Home Depot, CNA Foundation and Target stores) led to the construction and revitalization of more than 1,000 playgrounds nationally, impacting more than 1 million children.

KaBOOM! links communities and corporations together to build safe and accessible playgrounds, and according to materials provided by KaBOOM!, has helped build more playgrounds than any other service organization, making it the leading playground facilitator of its kind.

If the City of San Jose is selected as a site for donated playground equipment and services, KaBOOM! staff and City staff would facilitate a community driven design day on April 23rd and a community build day, to install the new playground, on June 28, 2003.  The tot serving playground in Watson Park has been selected as the project site.

 

 

ANALYSIS

 

The City has had discussions with KaBOOM! to be considered as a candidate for a donated playground at Watson Park.  KaBOOM! will review the proposed location with a funding partner and if accepted, the City would need to enter into an agreement with KaBOOM!.  The agreement with KaBOOM! is under negotiation, however it is likely that the final form agreement will differ in many respects from the typical construction contract for City projects. 

 

Significant provisions of the agreement proposed by KaBOOM! include:

 

  1. The City is obligated to provide a contribution of $2,000 and to prepare the existing playground site, including all necessary demolition work, and other site preparation as needed for the new play equipment, to provide volunteers for the construction and installation of the playground equipment, and to pay for cost overruns on the project.

  2. If the site is not prepared and ready to go on June 28, the community Build Day, or the Build Day is otherwise delayed, the City may be liable for expenses incurred by KaBOOM! or its  funding partner’s part in preparation of the Build Day, and for additional costs incurred in rescheduling the Build Day.  These expenses which may include costs of the purchase of the equipment, promotional expenses for the Build Day and airline tickets and other travel expenses of KaBOOM! or of the Funding Partner.

  3. The City does not have the right to select or approve a different funding partner.

  4. The agreement provides that KaBOOM! and its funding partner may install permanent signage with the name and/or logo of KaBOOM! and the funding partners at the playground.

  5. The agreement will require that the City is named as additional insured on KaBOOM!s insurance for the Build Day.  The City will also receive a limited warranty from Playworld Services, Inc., the playground equipment manufacturer for this project.  In the proposed agreement the City will not be indemnified nor receive any bonds from KaBOOM!, the manufacturer nor any subcontractor.  In a full price construction contract, the contractor would indemnify the City for claims or damages arising from the work. This may mean that, if there is a claim related to the playground equipment, the City would incur costs that would be covered by the contractors’ indemnification under the City’s typical construction contract.

  6. The City is responsible for maintenance of the new playground and will have the right to replace, modify, or remove the equipment, with no compensation to KaBOOM! or the funding partner, should it be deemed to be unsafe or expensive to maintain.

  7. The Department of Public Works will review the playground design, inspect the installation and accept the work.

  8. The proposed agreement with KaBOOM! states that it is governed by Illinois law. KaBOOM! is willing to change the governing law to the laws of Washington DC, but is not willing to follow the City’s standard provision of California law governing the agreement, nor that lawsuits shall be brought in California.  If there is a dispute that results in litigation, the City may incur additional costs to hire local counsel or to travel to Illinois or Washington D.C.

 

Bidding of the acquisition and installation of the playground equipment is not necessary and would be an idle act, because volunteer labor will be used for the installation of the play equipment and the play equipment will be donated to the City.  The site preparation work would be subject to the City’s standard bid process.

 

 

PUBLIC OUTREACH

 

Public outreach will be coordinated and conducted for the April 23, 2003 design day; outreach will be done to the local elementary school and residential neighborhoods. 

 

 

COORDINATION

 

This memorandum has been coordinated with the Budget Office and the City Attorney’s Office.

 

 

COST IMPLICATIONS

 

1.         COST OF RECOMMENDATION:  $32,500

2.         COST OF PROJECT:

                  Project Development                                                                $2,000

                  Design and Construction Management                             9,000

                  Construction                                                                             22,000

                  Contingency                                                                                3,300

                              TOTAL                                                                        $34,300

 

3.         SOURCE OF FUNDING:       471- Parks Bond Measure

                                                            380- Construction and Conveyance Tax Fund, District 3

 

BUDGET REFERENCE

 

Fund:                            471

Appn:                           6942

RC:                              119249

Amount:                       $444,000

Budget Document:        2002-03 Ordinance # 26755, as amended on October 15, 2002, Section 31.01, Page 11

 

Fund:                            380

Appn:                           6861

RC:                              115793

Amount:                       $126,000

Budget Document:        2002-03 Appropriation Ordinance, Section 12.03, Page 1

 

 

CEQA

 

Exempt, PP03-04-114.

 

 

SARA L. HENSLEY

Director of Parks, Recreation and

Neighborhood Services