Loading...
HomeMy WebLinkAboutAgenda Report - September 4, 1991 (66),� ac CITY OF LODI AGENDA TITLE: Approve Concept Application and Plan for Pepsi Playground Grant a t Legion Park 1VIEEEMU DATE: September 4, 1991 PREPARED BY: Parks and Recreation Director RECOMMENDED ACTION That the City Council approve the Concept Application/Plan for a Pepsi-Cola Playground Grant for Legion Park. BACKGROUND 114URMATICII\- First of all, please review the information, grant and agreement vie would enter into if you accept this re- commendation. (See attached exhibit). This is not a given grant. W will be competing against other communities and agencies for the Pepsi Cola playground equipment. Other issues and responsibilities that would need to be considered if w proceed are as follows: 1. W need to hire a consultant to design the area (approximately $2,000.00). 2. W need to construct an entire new playground surface area -- meaning construction documents, bid process, physical new construction of the play area, curbs, benches , and designated equipment areas and the like (estimated cost an roximately $5,000.00 to $10,000.00 depending on hiw elaborate vie go) There could be some Dossible service club assistance here but let's not count on them at this point. 3. The above would all have to be completed by March 1, 1992, in order to comply with the Pepsi Cola agreement fc. installation. I see this facility, with the new equipment and improved surface area, as the next Emerson Park, in a high -use area with a tremendous user impact. Please give this consideration and direct as to how vie proceed. FUNDING: Capital Outlay Reserve Rm Williamson RW:srb - Attachments Parks and Recreation Director APPROVED: THOMAS A. PETERSON city Manager August 5, 1991 Dear Park Director: We are pleased to announce that the highly successful Pepsi Playpark program is coming to Northern California and Reno. The Pepsi-Cola Company is committed to building 10 Pepsi Playparks in these areas and .each park selected will receive over $15,000.00 worth cf Iron Mountain Forge play equipment. We're inviting your Park to be considered for new Iron Mountain �•,rge equip.^, ent. Pkase note that the applic-t- A i.Jl. contract. Tc expedite the Pepsi Playpark pro;ect, la -a have. ycur legal department review and select the insurance paragrapn (either 3.1 or 311 in the contract) which applies to your area. Complete, sign, and return to Pepsi with your application by September 30, 1991. This ensures that the Park selections can be completed in a timely manner so more children can enjoy the Pepsi Playparks sooner! Sites will be selected by an independent panel of judges. The selected parks will be notified by mail by October 10, 1991. Good lucks Thank you in advance for your sincere interest and support of the "Let's Build a Pepsi Playpark" program. Sincerely, XL�td A David Rich i w it uri�Gtiii ,,tanager Pepsi-Go;_a West I - C YOOJ 302-20gg �,x+ M3 �a� cru: vim:-e�.►���..� I_(t#SJ rllzc dw-24) Page 1 1991 PEPSI PLAYPARK APPLICATION Name of Park Agency Lodi Parks and Recreation Department Name of Governing City or County Address 221 W. Pine St., City Hall Lodi, CA 95240 Contact Name Ron Williamson City of Lodi Title Director Parks s Recreation Address Lodi Parks and Recreation Department 125 N. Stockton St.. Lodi, CA 95240 Phon6: (209) 333-6742 Fax: (209) 333-6795 Park sites proposed for Pepsi Playparks (no more than three). Please include a photograph of proposed sites. Name Legion Park Address 835 S. Hutchins St. Lodi, CA 95240 Major Cross Streets Hutchins and Vine Streets Size 6.0 acres Name Address Major Cross Streets Size Name Address Major Cross Streets Ri7A Pepsi PIaypark Application (coiltinued) Page 2 A. Park Use and Characteristics Please provide the following for EACH ark proposed for a Pepsi Playpark: Is the suggested site a new or an existing playground? Existing/needs to be rehabilitated Size of new/existing ptaypit area? 14.000 sq. ft. How large an area does the park serve? 1/2 mile X I mile 1 1/2-3 miles 3 - 5 miles over 5 miles Total population within service radius? 5,Q00 Estimated percentage of use by household income: c $20,000 40 % $20,000+ zQ2% $30,000+ Q% $40,000+ Describe location and existing equipment condition (if applicable) and briefly explain why your park needs new playground facilities. Use extra sheets if necessary. LEGION PARK is located at the intersection of Hutchins/Vine Streets. The existing equipment is old, sirjZ1S unit-oieceq t at datg back to L95.QLs' Thp area whprp equipment would Qo needs to .L rQdes which the citX.w ill talre carp of_ We will try to -et service 07,Y�t¢aur-to redo the existinSt grnund,Area, irergll new curb and borders, and prepare the grounds for the Pepsi equipment. We will apply the January 1, 1992 standards to answer handicap requirements. We need to address play needs, group relations -type equipment, and to up ate our equipment and grounds and meet safety standards. Please describe your summer playground program for children. The City of Lodi Parks and Recreation Dept. runs six Q. playground sites at sites. Our attendance daily is approximately 300+, It is offered to the'publfc free of charge - 2:30-6:00 p.m, It serves unofficially as,a form of child care program and runs.325out of the year, Our City/School Distrtut ±S aii year-round school so all schools/city facilities are in constant use. The City qE Lcdi finances the program. with no financial assistance from any form of grant or parental assessments. .:y:••:.•' :.ice :.`. ;i.•`vJ:.4- ;;:�•. ':S^. .,l: •:tic>.%ti• L-} \•i._.• t t Pepsi Playpark Application (continued) B. Ack_n4wledoement of Eifa.ibi itx Beauirements Page 3 The Pepsi Playpark program is a unique public/private partnership. Pepsi will be donating over $15,000.00 worth of iron Mountain Forge play equipment to each selected Pepsi Playpark. As such, Pepsi can only donate to parks which will: - Maintain Playpark equipment and ground cover surface once installation is complete. - Provide personnel and support for public relations activities. A) Park officials for ground breaking and park dedication. B) Authorization for Pepsi banners and other signage. C) Tables for possible product sampling. D) Support for summer safety program at Pepsi Playparks. E) Audio equipment and facility'for ground -breaking ceremony. - Provide liaison with local legislators and community leaders. - Provide designer to coordinate installation of equipment with Iron Mountain Forge. - Agree to permanent placement of graffiti -resistant Pepsi Playpark sign 3 1/2 ft. by 2 1/2 ft. in Pepsi Playpark. See contract Exhibit A - Provide funds for ground preparations, playground installation. ground cover, and maintenance of equipment and ground surface to meet Consumer Product Safety Guidelines. (All Parks and Recreations Departments are encouraged to create proper handicap accessibility to play areas.) Have all infrastructure ready for Playpark installation to be complete by March 1, 1992. Agree to terms of attached contract including terms for installations, insurance (choose either 3.1 or 311) etc., as written. Park Director Signature Date of Signature City/County Attorney Signature Date of Signature Pepsi Playpark, 30 Van Ness, 4th Floor, San Francisco, CA 94102 PEPSI PLAYPARK AGREEMENT This agreement is entered into as of the day of , 199, between Pepsi-Cola Company, a division of PepsiCo, Inc. ("Pepsi") and the City/Town of located in the State of California (the "Cityflown") regarding the construction and instaliation of a children's playground in the Cityflown (the "Playpark") with the support of Pepsi as hereafter set forth. All of the rights and benefits inuring to Pepsi hereunder shall also inure to the licensed Pepsi-Cola bottler who services the territory in which the City/Town is located (the "Bottler"). A. CONSTRUCTION OF PLAYGROUND 1. Designation of Area The Cityflown shall, in consultation with Pepsi and its local Bottler, purchase or designate a parcel of land appropriate for construction and installation of the Playpark and shall prepare the designated site for construction of the Playpark. 2. Contracting with Builder: EauiDment Supplier The City/Town agrees to accept the play equipment from Pepsi through Iron Mountain Forge playground supplier and will go to competitive bid or itself arrange for the construction of the Playpark and the installation of the playground equipment. The Town represents and warrants to Pepsi that: a) it will take all steps necessary to assure that the Playpark will be designed, manufactured and installed in compliance with any and all applicable federal, state and local laws, rules, regulations and ordinances. b) any contracts with the builder and equipment supplier for the Playpark will include the following provisions, as appropriate: (i) any equipment supplier shall provide proof that its equipment complies with the Consumer Product Safety Commission Guidelines forplayground equipment, (ii) any equipment shall provide a certificate cf insurance evidencing product liability insurance, general liability insurance and completed operations insurance, which insurance shall in all cases be in amount not less than $2,040,000 combined single limit covering bodily injury and r b) cont. property damage from an insurer duly licensed in the state in which the equipment will be installed and the certificates shall specifically name both the City/Town and Pepsi as additional insureds: (iii) if equipment is to be provided by means other than through commercial manufacturer, the designer and/or engineer shall be duly licensed in the state in which the equipment will be installed and such parties shall provide a certificate of errors and omissions professional liability insurance in an amount not less than 51,000,000 which specifically names both the City/Town and Pepsi as additional insureds; and (iv) any equipment supplier and/or designers shall provide certification that the installation of the equipment at the Playpark has been completed in conformance with the specifications of its contract with the City/Town; and c, that the equipment installed in the Playpark has been installed over a protective fall cushion which is in compliance with the Consumer Product Safety Commission Guidelines, which include the requirement that washed sand, pea gravel, wood or mulch chips in at least a depth of 12 inches be provided or that a 1.75 inch rubber mat be provided. 3.I. Insurance With respect to the Playpark, the City/Town shall procure and maintain at its sole cost and expense the following insurance coverage:: (i) Worker's Compensation, per statutory limits; (ii) Employer's Liability Insurance with limits of at least $1,000,000 per occu,rence; and (iii) Comprehensive General Liability Insurance including public liability insurance, contractual liability, products liability and completed operations coverage with respect to the Playpark and this Agreement. each with limits of at least $2,000,000 combined single limit covering bodily injury and property damage. Each such policy shall name Pepsi as an additional insured. The City/Town shall deliver certificates evidencing such insurance to Pepsi within 30 days following the execution of this Agreement and, from time to time, upon Pepsi's request, shall promptty furnish evidence aE the maintenance of such insurance. All of the foregoing certificates of insurance furnished by the City/Town shall contain a clause stating that Pepsi-Cola Company is to be notified in writing at least 60 days prior to cancellation of or any material change in, the policy. [IT"I 3.II Insurance The City/Town represents and warrants to Pepsi that it is self insured with respect to the Iiabilities which it may incur pursuant to Paragraph 4 hereof and that. to the best of its knowiedge, it will be in a financial position to meet such potential liabilities when they occur. 4. Idemnification. The City/Town agrees to indemnify and hold Pepsi and its respective Bottler harmless from and against any and all claims, demands, actions, losses, liabilities damages, costs and expenses (including reasonable legal fees and expenses) arising out of: (i) any acts, whether of omission or commission that may be committed or suffered by the ;;ity/Town or any of its employees, agents or sub -contractors in connection with the performance or failure to perform any obligations under this Agreement, or otherwise in connection with the design, manufacture, installation, or use of the Playpark; (ii) the breach or -alleged breach by the City/Town or by any of its employees, agents or sub -contractors of any of its agreements, undertakings, covenants, representations or warranties, express or implied, contained in this Agreement; or (iii) any action, claim or proceeding which may be made by anyone for injuries, including death to persons or damage to property, or otherwise made in connection with the use of the Playpark. The City/Town agrees to defend Pepsi and/or its Bottler upon its request against any such liability, claim, action or demand. Pepsi agrees to notify the City/Town promptly of any written claims or demands against Pepsi and/or its Bottler for which the City/Town is responsible hereunder. The provisions of this paragraph and the obligations of the City/Town hereunder shall survive indefinitely the expiration or termination of this F greement. 3 PFPSI'S OBLIGATIONS A X) RIGHTS 1. Consideration Pepsi hereby agrees it will pay to Iron Mountain Forge the amount of Dollars L$ i to assist in funding the cost of designing, manufacturing, constructing and installing the Playpark. Said payment shall be made within thirty (30) days following execution of this agreement or at such later time as the parties shall mutually agree. Pepsi and its respective Bottler shall have the right to conduct an advertising, consumer promotion and public relation campaign in connection with the Playpark and Pepsi's participation in the development thereof. The City/Town hereby agrees that Pepsi and/ or its respective Bottler may use the City'sfrown's name in connection with such campaigns, and that the City/Town will assist and support Pepsi with respect to such advertising and promotional activities in any manner which may reasonably be requested by Pepsi. The parties specifically acknowledge tnat Pepsi and/or its respective Bottler shall have the right, but not the obligation, to use the following media in conjunction with its advertising and promotional campaign: television commercials; television tags: radio commercials; point of sale materials to be disseminated to retain accounts of Pepsi; newspaper advertisements; press releases and press conferences, and such other forms of publicity as Pepsi shall determine are appropriate. The City/Town shall awhorize Pepsi to prominently place a plaque in the Playpark designating the area as a "Pepsi Playpark". A full description and artist's rendering of said plaque as well as its manner of installation is attached hereto as Exhibit "A". 4 4. Exclusivity The City/Town shall not grant any sponsorship or promotion rights with respect to the planning, construction, dedication or operation of the Playpark to any parties (other than Pegsi and its Bottlers) without the prior consent of Pepsi. C -MISCELLANEOUS 1. It is agreed that, from and after the date hereof. (a) the City/ Town shall be the sole and exclusive owner of all right, title and interest in and to the Playpark and the design thereof, and (b) Pepsi shall be the sole and exclusive owner of ail right, title and interest in and to all of the materials created in connection with Pepsi's activities as described in Paragraph (B) (2) hereof, including, without. limitation. all advertising, promotional publicity and other materials of any kind whatsoever created in connection therewith or relating thereto. aL 2. Each party hereto agrees that it shall not in any manner so' form (including, but not limited to, in any business activity, product endorsement, catalog, advertising, publicity or promotion) use or empioy any name, or any service mark, trademark, logo, symbol, design, c rporat title r he es associated with any other .►pnor written consen ,exce pt pursuant to this Agreement. P, COA T#eOdL(sF)oMc& 8• Z3.9i 3. The failure be any party hereto to enforce at any time any one or more of the terms or conditions of this Agreement shall not be considered a waiver of such terms or conditions or of such party's right thereafter to enforce each term and condition of this Agreement. 4. Neither party hereto shall assign this Agreement in whole or in part, or any of their respective rights or obligations hereunder, without the prior written consent of the other. 5. This Agreement shall inure to the benefit of, and shall he binding upon the parties hereto and their respective successors and permitted assigns. 5 6. This Agreement has been made, will be performed and shall be construed in accordance with the laws of the Sate of California. Any controversy or claim arising out of or relating to this Agreement including, without limitation, the interpretation or the breach thereof. shall be settled by arbitration in the State of California in accordance with the Commercial Arbitration Rules of the American Arbitration Association then obtaining, and judgement upon the award rendered by the panel of three (3) arbitrators may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, this Agreement to arbitrate shall not bar, any party from seeking temporary or provisional remedies in any court having jurisdiction thereof. 7. This Agreement may not be changed, modified or terminated, except in writing signed by all of the parties hereto. This Agreement constitutes and contains the entire understanding among the parties with respecr to this subject matter and supersedes any prior or contemporaneous agreement relating thereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. PEPSI -COLA COMPANY, a division of PepsiCo, Inc. By- Title-, (Name of Contracting Municipal Entity) By; Title: 3 EXHIBIT A Plaaue SO_ecifications i The sign will be made of porcelain enameling on stainless steel. They will be supported on each side by two posts 5" in diameter. The posts are made of galvanized steei pipe with an electrostatically applied blue dry powder finish. (Basically the iron Mountain Forge Equipment.) The signs are 3 1/2 feet high by 2 1/2 feet wide and are 2 1/2 feet of the ground. The tota! overall height is 6 feet installed (per diagram). Also, the plaque will be framed so as not to leave any pointed or jagged edges. The posts will be reinforced with concrete with specific mowing strip consistent with Department specifications (8 beyond post area). The plaque wilt read: This Pepsi Playpark was designed and built by the Pepsi-Cola Company and (appropriate Dept. cf Park and Recreation) with the help and support of this community. March 1992. 2 1/2 fess r'"'