06-611COUNCIL FILE #: �
GREEN SHEETk: 3030959
Resolution
of Saint Paul. Minnesota
Presented By:
Refetred to:
Committee Date:
v
1 WHEREAS, KaBOOM1 is a non-profit organization that maziages and coordinates community built field improvements
2 on behalf of its funding partners; and
3
4 WHEREAS, KaBOOM! has agreed to coordinate the renovazion of the Arlington / Arkwright soccer field through its
> program, which wil] culminare in a one-day community build day; and
7 VJHEREAS, the Home Depot has provided charitable suppoR to KaBOOM! to make this improvement possible; and
8
9 WHEREAS, as part of the agreement with KaBOOM!, attached hereto as E�ibit "A", the City wil] make a payment from
]0 its operating funds to KaBOOM! in the aznount of $5,000 that will be used towards KaBOOM!'s procurement of
I1 materials and supplies for the Arlington / Arkwright field project, and, in addi[ioq the Ciry wiil provide prov�sio�s for the
12 build day volunteers includi�g: food, water, and reshoom facilities; and
13
14 THEREFORE BE IT RESOLVED, the Saint Paul Parks and Recreation is authorized to make payment to KaBOOM!
15 in the amount of $5,000; and be it
16
17 FURTHER RESOLV£D, that Pazks and Recreation is authorized to expend city funds on food and beverage purchases
18 for sta£f and voluriteers working the build day; and be it
19
20 FINALLY RESOLVED, that the Mayor and the proper city officials aze hereby authorized to execute such agreements
21 as may be necessary to accept and implement this project on behalf of the CiTy.
Wazd Yeas Nays Absentl
1 ✓ Requested by:
2 ✓
✓ Division of Pazks and Recreation �
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Adopted by Council: Date: ��pd�
Adoption Certified by Council Secretary
By: �' )
Approved b � a o,. Date: (11
By:
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G IFMIQTWirkalResoluhons, AOS, Green SheefslResoWtionsUCaBOOM� Resolu6on n.xR Page 7 of t
App mmended by Financial ' s Director:
BY �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
PR paz� �d Recrearion
Contact Person & Phone:
Bob BieSCheid
2G6 C�4p0
Must Be on Council A9eni
ContradType:
RE-RESOLUTION
O5JUN-06
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Assign
Number
For
Routing
Order
Green Sheet NO: 3030959
0 ar a d R reati n
1 ar a d R r ation De artment ir ctor
2 ttome
3 a or' Otfi a r/A istan[
4 ouncil
5 lerk ' CI rk
Total # o f Sig Pages _ ( C lip All L for Signature)
Action Requested:
Authorizing Parks & Recreation to make payment to KaBoom! in the amount of $5,000 to be used towazds procurement of materials
and supplies for Arling[on / Arkwright soccer field renova6on.
or
Mswerthe
Planning Commission
1. Has this persoNfirtn eeer woAced under a contract for this department?
CIB Committee Yes No
Ciul Service Commission 2. Has this persoNfirm eaer been a city employee?
Yes No
3. Does this person/firtn posse5s a skill not nortnally possessed by any
curtent ciry employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Inkiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWges IfApproved:
Kaboom! will coordinate a community field improvement "Build Day" and procure the materials and supplies.
DisadvanWAes IfApproved:
None
DisadvanWges If NotApproved:
Field will not be renovated
,1UN G'7 2aU6
TotalAmountof $5,000
Trensaction:
Funding source: Genei'al Fund
Financial lnformation:
(Explain)
CostlRevenue Budgeted: `(
Activity Number: 03100
Council Research Cetat�r RECEIVED
II. � t ��.
MAYOR'S OFFICE
June 6, 2006 4:34 AM Page 1
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4455 Connect(cut pyenue, NW
Exhibit "A"
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Suite B100 � Wash7ngton, DC 20008 . te12D2.659.0215 e faz 202.659.02t0
This Agreemenf is enfered into by and between KaBOOM!, a non-profit
organization chartered in fhe District of Columbia and organized as a 501 {c) 3 by
determination of the Intemal Revenue Service (hereinafter "KaBOOM!") and the City of
Saint Paul, a Minnesota municipal corporation (hereinafter "City") this 1st day of June,
2006.
WHEREAS KaBOOM! is an organization that develops, manages and
coordinafes a community-buiiding field renovation for iis Community and Funding
Partners, culminating in a one-day event known as a"Fiefd Da�'; and
WHEREAS, the Cify of Saint Paul wishes to have KaBOOMi plan, design and
coordinate the renovation of fhe Arlington-Arkwright Soccer Field("Program"); and
WHEREAS, KaBOOM! has received charitabfe supportfrom The Home Depot
("Funding Partner") for this Program and hss entered into a separate agreement with the
Funding Partner, the result of which are financial, in-kind and/or human resources for
this Program.
Now fherefore, in consideration of fhe mutual agreements and consideration contained
herein, the parties agtee as foilows:
1. OBL�GATIOPdS OF THE CITY:
1.9 Ciry agrees to be the Community Partner organization ("Community
Partne�"} for the fielfl renovation project at Arlington-Arkwright Soccer Field, 400
Arlington Ave. E., St Paul, MN 55701.
L2 City agrees to be responsive to the discrete timeline developed for the
Program, af all sfages, and to not delay any action or decision relating to fhe Program,
and to cooperefe with the schedufing of fhe Field Day.
1.3 As a Communifij Partner for a KaBOOM! community-build field project,
City will work with KaBOOM!, The Home Depot, and community residenfs to design,
plan and renovate a commu�ity field. All parties wil{ work cfosefy togefher to ensure a
successiul, productive, and fun event.
1.4 The City agrees to host a KaBOOM!-facilifated Design Day with at least
10 aduits and 20 children. The adults will remain engaged in planning activities
throughout the planning process up to the Field Day.
1.5 The City agrees to recruit and secure at least 1 D-15 adult volunteers for
preparation activities two to three days prior to Field Day renovation. The City agrees to
recruit and secure at Ieast 50 adult volunteers for fhe Field Day renovation.
1.6 The Cify agrees fo be responsible for preparing the site for the field
renovation, at least teva weeks before Field Day, which includes but is not limifed to
grading the tand, removing fencing and performing soii tests.
1.7 The City agrees to provide certain provisions for use by volunteers
working on fhe construction project, including but not limited fo tood (breakfast snacks,
lunch and mid-day snacks), water and restroom facilities.
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E�ibit "A"
CiYy of Saint Paul Agreemenf June 01 2006
1.8 In support of this project, City is responsible for contributing $5,000 fo the
field renovation project. All funds will go directiy to supplies and materials for fhe fieid
renovation project Upon receipt of fhis signed agreement, KaBOOM! will invoice City
for the full amounf of this cantribution, and it wiN be due 30 days before the Field Day,
July 27 2006.
1.9 If Cify does not make payment as outlined in 1.8, KaBOOM! reserves fhe
right to cancef the project and to request reimbursemenf to KaBOOM! for expenses
incurred to prepare for the Field Day, including but nof limited fo fhe purchase of
supQlies and materials, and airline tickefs. Cify shall make payment within 30 days of
receipt of invoice from KaBOOM!.
1.10 The City shail be provided with documenfation defailing the use of its
confribution to the projecf by KaBOOM! within 120 days after fhe Field Day.
1.11 City agrees to send one employee to attend U Play!, the KaBOOM!
University ofi Play, July 93-15 in Chicago, IL. The Home Depot will sponsor the
regisfration fee for City, valued at $99.00. Upon completion of We Play! City will receive
a check for $501.00 as a schofarship to help defray transportation, lodging and other
expenses for the designated employee.
1.12 The Field Day must occur in calendar year 2006 on Thursday, July 27th.
1.13 The Fieid Day shail not be postponed (defined as delayed, held over or
rescheduled) under any circumstances ofher than for condifions thatjeopardize the
safety of the volunteers, or for unsafe weather condifions.
1.14 The decision to postpone a Field Day shall be reached through
discussion, coliaboration and majority agreement by KaBOONI!, the Community Partner
and fhe Funding Partner, each represented by a person authorized by each party.
1.15 The City agrees to have a representafive on site during the entire Fiefd
Day for fhe purpose of mutual decision-making and majority agreement and if they fail to
do so, KaBOOM! shall 6e responsible far any decisions which must be made
immediately on the consfruction site.
1.16 The authorized representatives of the parfies for the purposes of making
decisions with respect to postponement or other matters related to this Agreement shall
be:
1.17 In the event that the Field Date is ca�celled or changed solely by City for
any reason other than safety of the participants, City shaff be deemed iiabie for damages
to KaBOOM! and Funding Partner for any supplies, labor and materials and any
additional expenses related fo canceilation or change of the Program, such as airfare
and general supplies. In the event fhe Field Date is cancelled solety by KaBOOM! the
City's contribution to the Project will be refunded. In fhe event the Field Date is changed
solely by Ka600M! tfie Community Partner will not be charged for costs incurred.
1.18 In the event of a Field Day postponement, KaBOOM! shaA collaborafe
with the Community Partner and the Funding Parfner to issue a Memo of Understanding
{MOU) t6af outlines a plan for rescheduting the Field Day.
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Exhibif "A"
City of Saini Paul Agreement June Oi 2006
1.19 The MOU shall outline any additional expenses related to fhe
rescheduled Field Day, and the party or parties responsibie for �overing the additional
expenses. These expenses may include, but are not fimited to, KaBOOM! travel and
hotel expenses.
120 The MOU shall identify the next-earliesf possible date for the Field Day,
based on the availabilify of open dates on the KaBOOM! program calendar, fhe
avaifability of the Ciiy and Funding Partner to participate in the project.
i.21 City shall attach documentation showing proof of land ownership
evidenced by a deed granfing fitle of the properYy to City, or a letter from the City's Real
Estate Division confirming fee title to the property. City will maintain the property before
and after the renovation to e�sure a safe and attractive fieid, in conPormance with its
existing standards and policies relating to fieid maintenance and upkeep.
1.22 City shall collaborate with KaBOOM! during the planning of this Project to
develop a maintenance program for the field that will be implemented upon compfetion
of the field renovation.
1.23 City is selfi-insured and responsible for providing coverage for its
employees.
1.24 City wi1{ obtain aii necessary and appropriafe permits and licenses
regarding the installafion and possession and use of a field prior to Field Day in
campliance wifh loca( and state laws, regutatians and guidelines.
1.26 City is responsibie for conducting up to two utifify site checks as
reasonably requested by KaBOOM! with the appropriate utili#y companies between two
and eigh't weeks prior to fhe Field Day. Documentation of the utility checks must be
provided to the KaBOOM! Project Manager upon completion.
1.27 City is responsible for conducting up to iwo soil site tests as reasonably
requested by KaBOOM! six weeks prior to fhe Field Day. Documentation of the soi(
checks must be provided to the KaBOOM! Project Manager upon completion. City is
responsible for undertaki�g any necessary risk mitigation should the soil be deemed
unsafe for children or vo4unteers. {n the event the soil tesfs reveal seriously
confaminated soiJ and the City determines that the cost of remediation is prohibitive for
continuing the site's use as a field, a(t parties wili Jotntly agree on whether they caro move
the Fieid Day to an afternate Ciry site. In such a case, City wouid be responsible for any
additianal costs cauaed by a change of location.
1.28 City will be responsible for insuring the safety of materials delivered to the
site and for the site itself at all times until the Field Day.
1.29 City is solely responsible for any additional costs beyond the proposed
field renovation projecf budget. KaBOOMi is nof responsible for paying any vendors for
any prior site preparation, upgrades or improvements not agreed upon with KaBOOM!.
If City decides to purchase additional equipment or materials to supplement materiais
secured by KaBOOM!, then the Community Partner is solefy responsible fior paying for
fhe materials and all other liabilities related to such materials. Neither KaBOOM! nor ifs
Funding Part�er(s) shatl he liable for payment. Community Partner wiil indemnify and
hold KaBOOM! harmless from any paymenfs, expenses ar liability with respect to the
additional ifems ordered.
1.3� Gity wili seek prior approvai from KaBOOM! andlor The Nome Depot for
any written and/or printed materials that reierence fhe Program andlor contain the logos
of Ka800M! or The Home Depot , inciuding but nof limited to press releases, fliers and
promofional materials. City will work in collaboration with KaBOOM! andlor The Home
Depot to secure media coverage. KaBOOM! wifl provide an opportuniiy for the City to
review and approval maferials prepared by KaBOOM! related to this Project. No press
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E�chibit "A"
City of Saint Pau1 Agreement
June Oi 2006
releases, fliers, promotional materials or other advertising which uses the City logo may
go out withouf prior approval by fhe City.
1.31 City will provide recognition of the sponsorship activities of The Home
Depot and KaBOOM! by pfacing fheir names and logos on permanent field signage at
the site.
2. OBLIGATIONS OF KaBOOM!
2.1 KaBOOM! will provide City wifh technical and organizational leadership
and guidance for the field renovation projecf.
2.2 KaBOOM! will facilitate fieid renovation, provide event management
experience, and work with vendors in ordering supplies and materiats and organizational
systems and technical experience that will ensure field renovation is completed in a
timely fashion.
2.3 KaBOOM! wili manage construction logistics for the project, coordinate
the field site preparation activities with the City, inventory suppiies and materials, and
assure that the necessary tools and materia{s are available to renovate the field.
2.4 KaBOOM! wifl faciiitate regular planning meetings with the City and the
field planning committee.
2.5 KaBQOM! will lead the Field Day activities, including the coordination of
Field Day captains and voiunteers.
2.6 KaBOOM! wifi provide educational and promotionai mater'rals to support
the fieid renovafion project, including fhe KaBOOM! Tool Kit of publications, KaBOOM!
online Field Planner (planning process compietely applicable to one day field renovation
event), nametags and other general supplies.
2.7 KaBOOM! will provide for and coordinate fhe participafion of fhe Funding
Partner, The Home Depot , which has committed to provide KaBOOM! with financial,
human and/or in-kind resources fo bring to fruition the field renovation project with City.
3. FUPfDlNG PARTNER RELATIONS
3.1 KaBOOM! has a separafe agreement wifh a KaBOOM! Funding Partner,
The Home Depot ("Funding Partner"), whose confributions to KaBOOM! are helping to
make fhis Projecf possible.
3.2 The City shall not sol'tcit sponsors whose products or services directly
compefe with the products or services of the Funding Partner. For the purposes of this
Agreement, sponsors are defrned as individuafs, basinesses or phi(anthropic
organizations that contribute funding or in-kind gifts to fhis Project in exchange for
certain rights to promofe their affiliation with this Project to the general public, including
but not limfled to name recognition via this field ProjecYs signs, T-shirts, media materials
and public-address systems. Conversely, donors are individuals or groups whose gifts to
this Project require personal acknowledgement and recognition only, such as thank-you
leiters.
3.3 In the event the Community Partner solicits other sponsors or donors,
then those sponsors and donors shall not compete with the Funding Partner for signage
and sponsorship recognition. The Funding Parfner shail receive first placement on any
recognition materia4s deveioped far fhe Project, inciuding field signage, banners, T-
shirts, press releases, web-site and newsletter stories, and �lyers.
3.4 In fhe event of a conflict bef�+,�eeR the Funding Partner and other sponsors
and donors, the Funding Partner, Community Partner and KaBOOftA! shal! consider
recognition on a case-by-case basis.
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City of S2int Paul Agreement
4. OWNERSHlP ANQ LIABIL►TY
Exhibit "A"
June 0� 2006
4.1 City covenanfs that it is ihe owner of the field in its entirety.
42 The Ciiy will indemnify and hold harmiess KaBOOM! andlor the Funding
Partner, and their respective officers, directors, emp(oyees and agents from and againsf
any and all c(aims, costs, expenses (inc4uding attorneys' fees and disbursements) or
actions, induding but not fimited to cfaims and actions for personal injury, deafh or
property damages, claimed by vofunteers and individuais as a resulf of their participation
in fhe Field Day. This indemnification shall not include 1) occurrences or events which
are not part of fhe Field Day event and do not occur or take place at the Field during the
course of Field Day; 2) claims made by KaBOOM! or Funding Partner representafives;
or 3) injuries which arise out of criminai actions, assaulfs, batteries or other acts of
violence committed by any person or persons.
At fhs conciusion of Fie{d Day, the iield shafi be the exclusive responsibility of the
City and the City wili defend and indemnify KaBOOM! and/or the Funding Partner, and
their respective officers, directors, employees and agents from and against any and al!
claims, costs, expenses (including atforneys' fees and disbursements) or actipns,
including but not limifed to claims and actions for personai injury, deafh or property
damages which result from the use of the field except to the extent resulting from any
willful misconduct of KaBOOM! andior the KaBOOM! Funding Partner.
Nothing in the foregoing provisions shall be consfrued as a waiver of the
municipaf tort liability limits set fiorth in Minn. Stat. §466.01 et seq.
4.3 Maintenance of the field facility and supervision of its use is the soie
responsibility of City. This responsibility inciudes developing a maintenance plan for the
athletic field outlining who will be responsibie for the various tasks related to upkeep of
the athletic field, watering fhe field for 30 minutes iwice a day for fhe first two weeks after
the Field Day, watering as needed for tfie remainder of the field's lifespan, cutting the
grass to specified height, and fertilizing as needed.
S.GENERAL
5• 1 Nofices. Any nofices required or parmifted fo be given hereunder
shali be sent by certified or registered Unifed States maif, postage properly prepaid, or
by personal delivery addressed as follows:
To: Darefl Hammond, Chief Executive O�cer
KaBOOM!
4455 Connecticut Ave, NW, Sui4e B100
Washington, DC 20008 USA
202-659-0295
Copy to: John Chamberlain, Client Services Coordinator
(Use the same KaB�OM! address as above)
To City: Parks and Recreation
300 City Hall Annex
25 West Fourth Street
Saint Paul, MN 55102
Attn: Bob Bierscheid
5.2 Counterparts. This Agreemenf may be executed by the parties in one or
more counterparts which shali, in the aggregafe, be signed by all parties and each
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Exhibit "A"
City of Saint Paul Agreement
June 0'I 2006
counterpart shall be deemed an original insfrument as against any party who has sigrted
if.
5.3 Governing Law. This Agreement will be governed and consfrued in
accordance wifh the laws of the Stafe of Minnesota, and venue of any lawsuit
commenced shall be in the district court of the County of Ramsey, Second Judicial
District, Minnesota.
5.4 Binding Effect. This Agreement shall be binding upon and inure to the
benefii of the respective affiliafes, successor, and personal representatives of the parties
fo this Agreement, except to the extent of any contrary provision in this Agreement.
5.5 Severability. This Agreement sfiafl be construed to be in accordance with
federai and state statutes. If any provision of this Agreement, or any portion thereof, is
found to be invalid, iifegal, or unenforceable, under any applicable statute or rule of faw,
fhen such provision or portion thereof shall be deemed omitted, and the validity, legality
and enforceability of the remaining provisions shall not in any way be affected or
impaired thereby.
authorized repres ntatives of e ch party shal�i be he re eement etwee�n the
parties as to the subject mafter stated herein and supersedes and replaces any and all
previous agreements and all amendments thereto.
5.7 Assignment. This Agreement may not be assigned, delegated or
transferred by either par[y without the prior wriften consent of the other party hereto.
5.$ Force Majeure. 1f either of the parties hereto is delayed or prevented
from fulfilling any of its obligations under this Agreement by Force Majeure, said party
shall not be liabie under this Agreement ior said delay or failure. "Force Majeure" means
any cause beyond the reasonable control of a party, including, but not limited to acts of
God, acfs of omission of civi! or military authorities of a sta#e or nation, fire, strike, flood,
riot, act of terrorism, war, delay of transportation, or inability due to the aforementioned
causes to obtain necessary labor, materials or facilities.
5.9 Waiver. A waiver by either party of a breach or failure to perform shail not
constitufe a waiver of any subsequent breach or failure.
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City of Saint Paul Agreemeni
Exhibit "A"
June 0'I 2006
fN 1NITNESS WHEREOF, this Agreement has been executed by fhe parties as of
the day and year first above written.
CITY OF SAINT PAllL: KaBOOM!
Chris Coleman Darell Hammond
Mayor Chief Executive Officer
Phone number: 202-464-6074
Fax number: 202-659-0270
Email address: johnCa�kaboom orp
MatE Smifh KaBOOM!
Director of Finance 4455 Connecticut Ave, NW Suite B100
Washington, DC 20008
Bob Bierscheid
Direcfor of Parks and Recreation
300 City Hail Annex
25 West Fourth Street
Saint Paul, MN 551p2
Approved as to form by:
Virginia Palmer
Assistant Gity Attorney
Mailing Address:
to:
Fax Number:
fo: ---------
Crowley, Interim Vice President,
Attachments: Utility Inspecfion Form (for completion and re#um to KaBOOM!)
Soil Inspection Form (for completion and return to KaBOOM!)
Certified Playground Installer Certificate (sample)
Piayworld Systems Inc. Playground Equipment Warranty (sample)
Copy: Nicofe Daniei, The Home Depof
KaBOOM! ProjectArchives
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