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HomeMy WebLinkAboutResolution 176-R-26 07/27/2026 176-R-26 A RESOLUTION Authorizing the City Manager to Execute a Partnership Agreement with KaBOOM!, Inc. to Renovate the Playground at Clyde Brummel Park using a $200,000 private donation secured by KaBOOM!, Inc. with a 100% Cash Match from the City’s Capital Improvement Program (CIP) WHEREAS, the City of Evanston is committed to providing safe, accessible, and high-quality recreational spaces that enhance the health and well-being of all residents, particularly youth; and WHEREAS, Clyde Brummel Park serves as a vital community asset and neighborhood gathering space in the City of Evanston; and WHEREAS, the existing playground equipment at Clyde Brummel Park has not been updated in over twenty-five (25) years and is in need of modern updates to ensure it meets contemporary, safety, accessibility, and community play standards; and WHEREAS, KaBOOM!, Inc., a national non-profit organization dedicated to achieving playspace equity, has secured private funding in the amount of two hundred thousand dollars ($200,000.00) to support the complete transformation and update of the 2-5 year old and 5-12 year old playgrounds at Clyde Brummel Park; and WHEREAS, the City of Evanston desires to support this project by providing a one hundred percent (100%) matching cash contribution of two hundred thousand dollars ($200,000.00), with funds to be allocated from the City’s Capital Improvement Program (CIP); and WHEREAS, the City's matching funds will be covered by reallocating CIP dollars from projects that will not be completed this year, specifically additional playground surfacing ($62,000) and pathway improvements ($138,000); and WHEREAS, under the proposed project framework, the City of Evanston will be responsible for the collaborative community engagement process, demolition of the existing playground site and the purchasing of the new playground equipment; and Page 1 of 11 176-R-26 WHEREAS, KaBOOM!, Inc. will be responsible for leading the community engagement and design process, as well as overseeing the ultimate site construction; and WHEREAS, all site preparation, community engagement, and construction work will be completed by the end of October 2026, culminating in the successful installation of a new playground at that time; and WHEREAS, this collaborative effort maximizes public resources, fosters community ownership through participatory design, and accelerates the delivery of an inclusive playground space for Evanston families. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The foregoing recitals are found to be true and correct and are hereby incorporated into this Resolution as the findings of the City Council. SECTION 2: The City Council hereby authorizes the City Manager, or their designee, to enter into and execute a partnership agreement, and any other necessary contractual documents, with KaBOOM!, Inc. for the Clyde Brummel Park playground renewal project not to exceed the cash amount of $200,000. SECTION 3: The City Council approves the commitment of a 100% cash matching fund contribution of up to $200,000.00 to fulfill the City's obligations for equipment procurement under the agreement, utilizing reallocated Capital Improvement Program (CIP) funds from deferred playground surfacing and pathway improvement projects. SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. Page 2 of 11 176-R-26 _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2026 Approved as to form: _______________________________ Alexandra B. Ruggie, Corporation Counsel July 27 Page 3 of 11 ATTORNEY WORK PRODUCT PRIVILEGED AND CONFIDENTIAL Draft 7.14.2026 1 DONATION AND COLLABORATION AGREEMENT This Donation and Collaboration Agreement, dated ________, 2026 (this “Agreement”), is made and entered into by and between the City of Evanston, Illinois (the “City”), and KABOOM!, Inc., a District of Columbia nonprofit corporation (“KABOOM!”). RECITALS WHEREAS, the City has identified a need in its community to create new playspaces; WHEREAS, KABOOM! is the national nonprofit that unites with partners to facilitate the construction of kid- designed, community-led playspaces that spark joy and a sense of belonging for kids, advancing its mission to end playspace inequity; WHEREAS, the City and KABOOM! (the “Parties” and each a “Party”) wish to collaborate on a new playspace at the locations listed in Exhibit A (the “Projects”); WHEREAS, under the Illinois Municipal Purchasing Act, the City may waive competitive bidding requirements for purchases it determines are, by their nature, not adapted to award by competitive bidding, including, without limitation, purchases that clearly and legitimately are available from a single source of supply and transactions through which the City is the recipient of donations to the City; WHEREAS, the City has determined that KABOOM! possesses specialized and established expertise in community- driven playspace development projects that integrate professional design and construction coordination with organized private fundraising, in-kind contributions and planned community engagement and volunteer participation that will enhance the value of each Project and such expertise is unique to KABOOM!; WHEREAS, in light of such findings, the City has determined to waive the application of any competitive bidding requirement that may apply to this Agreement and/or the Projects; and WHEREAS, upon the terms and subject to the conditions set forth herein, this Agreement memorializes the Parties’ agreement regarding the Projects. NOW, THEREFORE, in consideration of the premises, and of the representations, warranties, covenants and agreements contained herein, the Parties agree as follows: 1. Term. This Agreement shall become effective upon the execution and delivery of this Agreement by the Parties (the date on which the last of the Parties so delivers this Agreement, the “Effective Date”) and shall continue through the completion of the Projects (such date, the “Expiration Date”), unless earlier terminated pursuant to the terms provided herein. 2. Obligations of KABOOM!. a. Fundraising. KABOOM! will seek to solicit and secure donations, funds, contributions, and grants in the form of cash, in-kind services, and materials from third party donors (“Third Party Funds”) to support the Projects. The City recognizes and agrees that there is no assurance that any Third Party Funds will be received in connection with the Projects and KABOOM! shall not have any liability to the City if any such Third Party Funds are not received. b. Budget. KABOOM! shall prepare and present to the City for approval (which approval shall not be unreasonably withheld, conditioned or delayed) a budget for each Project (the “Project Budget”), which shall be based on receipt of the Public Funds (as defined below), with conditional additional aspects of Page 4 of 11 2 such Project to be funded if any Third Party Funds are received. Project costs shall not exceed the amount included in the agreed upon Project Budget. c. Community Engagement. KABOOM! in collaboration with the City shall solicit feedback from the community to inform the design of the Projects. d. Project Management. KABOOM! shall manage the execution of each Project on behalf of the City. KABOOM! shall supervise the planning and installation of the playspace, including overseeing the playspace design event, presenting playspace designs, convening committee conference calls, assuring that the necessary materials, tools and equipment are on hand, and managing the playspace installation event, which is referred to as the "Build Week." KABOOM! shall also provide technical and organizational leadership and guidance for each Project, manage construction logistics for each Project, coordinate playspace site preparation activities with the City (including site preparation activities that are led by the City), inventory equipment and materials, assure that the necessary tools and materials are available on the Build Week, and lead the Build Week activities. KABOOM! shall prepare and present to the City for approval (which approval shall not be unreasonably withheld, conditioned or delayed) a project timeline for each Project. e. Vendors. KABOOM! shall coordinate with the City to select and manage vendors that will provide necessary equipment for the playspace (e.g., surfacing, playspace equipment, peripheral projects, landscaping, etc.), including supporting the City’s efforts to procure equipment and other amenities directly from vendors through the City’s use of cooperative purchasing agreements or otherwise. KABOOM! shall use commercially reasonable efforts to guard against any loss to the City through the failure of suppliers to honor their commitments, but shall not be held responsible for any such failure on their part. f. Insurance. KABOOM! represents it has, and, upon request, shall provide evidence of, the following insurance coverage: Commercial General Liability with a limit of $1,000,000 per occurrence with a general aggregate limit of $2,000,000 and umbrella coverage of at least $1,000,000 per occurrence; Workers' Compensation with statutory limits for the state in which the work is performed and employers liability insurance with a minimum of $500,000 per accident; and Automobile Liability for owned, hired and non- owned autos with a combined single limit of $1,000,000. KABOOM! shall require any subcontractor engaged by it to hold and maintain insurance coverage that includes Commercial General Liability and Worker's Compensation coverage of at least the levels held by KABOOM! with a limit of $1,000,000 per occurrence and Workers' Compensation with statutory limits for the state in which the work is performed. Prior to the Build Week for each Project, the City will be added to the Commercial General Liability policies held by KABOOM! and the playspace equipment manufacturer, respectively, as an additional insured by endorsement, which coverage shall be primary and non-contributing with any other insurance. 3. Obligations of the City. a. Contribution. The City shall directly purchase the items or contribute to KABOOM! the amounts listed in Exhibit B (the “Public Funds”) for each Project. KABOOM! shall prepare and present to the City for approval (which approval shall not be unreasonably withheld, conditioned or delayed) a payment schedule for each Project. b. Timeline. When input, review, or approval is required by the City, the City will respond to KABOOM! on the dates and times reasonably set forth for each Project. c. Ownership. On the Effective Date, the City shall provide KABOOM! with proof of land ownership evidenced by either a deed granting title to the property to the City or a letter from the property owner showing approval for each Project. The City is the owner of each playspace in its entirety, for the lifetime Page 5 of 11 3 of such playspace, including the equipment and/or safety surfacing at the time purchased by KABOOM! and/or the City. d. Permits. Prior to each Build Week, the City shall cooperate with KABOOM! in obtaining all necessary permits and licenses regarding the installation, possession and use of the playspace in compliance with applicable laws and regulations. e. Preparation. Prior to each Build Week, the City shall cooperate with KABOOM! in (1) preparing the site for the installation of each Project according to the schedule set forth for each Project and, in no event, less than two weeks before Build Week, which includes but is not limited to removing existing playspace equipment, footers and safety surfacing, grading the land, removing fencing and performing soil tests; (2) conducting up to two utility checks with the appropriate utility companies according to the schedule set forth for each Project and with all utility check documentation provided upon completion to KABOOM!; and (3) conducting up to two soil site tests as reasonably requested by KABOOM according to the schedule set forth for each Project and with all soil check documentation provided upon completion to KABOOM!. The City is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and/or volunteers. f. Safety and Security. The City shall coordinate with KABOOM! to 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 each Build Week, including any postponement. g. Maintenance. Maintenance of the playspace facility and supervision of its use is the sole responsibility of the City. The City shall collaborate with KABOOM! during each Project’s planning process to develop a maintenance program for the playspace and, with the support of the property owner (if owner is a separate party), shall maintain the playspace and the property before and after the Build Week to ensure a safe and attractive playspace. In furtherance of the foregoing, in the event any playspace equipment included in any Project no longer is permitted for any reason to be located at its original site of construction or such site is no longer controlled by the City for any reason, then the City promptly shall notify KABOOM! following its becoming aware of such situation and shall, at the City's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the playspace 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 playspace available to children in the same manner contemplated as of the Build Week and maintain (or permit the City to maintain) such playspace in accordance with the maintenance program. h. Insurance. The City represents that it self-insures or holds and shall maintain from no less than seven (7) days prior to each Build Week and through the first anniversary of each Build Week worker’s compensation insurance policies and commercial general liability insurance (providing coverage against liability for bodily injury, death and property damage that may arise out of or be based upon the use of the playspace), in each case in amounts not less than one million dollars ($1,000,000). On the Effective Date, the City shall provide KABOOM! either (1) a letter indicating it is self-insured or (2) a certificate from its insurer indicating the nature, scope, duration and amount of insurance coverage and naming KABOOM! as an additional insured under such policy, which insurance or self-insurance shall be primary over any other insurance covering KABOOM! and shall provide that KABOOM! be given at least thirty (30) days prior written notice of any change in insurance or self-insurance or cancellation of coverage. i. Playspace Design. The City shall collaborate with KABOOM! to facilitate a community design event with adult volunteers and youth from the community for each Project. Such adult volunteers shall remain engaged in the planning activities throughout each Project’s planning process. Page 6 of 11 4 j. Build Week. The City shall collaborate with KABOOM! to engage adult volunteers to participate in preparation activities during each Project’s Build Week or for any other Project activities identified by KABOOM! as needing community volunteers. The City shall collaborate with KABOOM! to ensure that all volunteers sign a waiver in a form acceptable to KABOOM!. Throughout each Build Week, the City shall coordinate with KABOOM! to provide tools, supplies, and/or facilities for the safety, comfort, and productivity of all volunteers. k. Additional Materials. If the City decides to purchase additional equipment, including materials for site preparation, upgrades or improvements, to supplement materials secured by KABOOM! through the Project Budget, then the City is responsible for paying for the materials directly. The City will hold KABOOM! harmless of any payments or liability with respect to the additional items ordered. l. Playspace Costs. The City shall hold KABOOM! harmless from any costs beyond the proposed Project Budget, including costs incurred by the City for any prior site preparation, upgrades or improvements or any equipment or materials purchased to supplement those secured by KABOOM!. m. Code of Conduct. The City shall comply with the Project rules (a copy of which shall be provided by KABOOM!). The City shall allow such rules to be displayed on site and communicate and enforce such rules for all participants in each Project's design and Build Week events. n. Signage. The City shall allow the names and logos of KABOOM! and any private funders that contribute to the Project(s) to be displayed on permanent signage in a mutually approved format and location, which approval shall not be unreasonably withheld, delayed, or denied by the City. This provision shall survive any termination or expiration of this Agreement. 4. Intellectual Property. During the term of this Agreement, KABOOM! hereby grants to the City a limited, non- exclusive, non-transferable, non-sublicensable, worldwide, royalty-free license to use the name and mark KABOOM! (the “Mark”), in any form or embodiment, as well as any designs and logos otherwise specified by KABOOM! (the “Logos”, and together with the Mark (and any successor marks, taglines, or logos), the “KABOOM! Marks”), and the City hereby grants to KABOOM! a limited, non-exclusive, non-transferable, non- sublicensable, worldwide, royalty-free license to use the City’s name, trademarks, service marks, and logos (collectively, the "City Marks"), solely to promote each Project, including, without limitation, in broadcast, print, and Internet media and advertising, press releases, and other media materials, internal communications materials, and promotional materials, but only as provided below. Each Party will obtain the prior written approval of the other before using the other Party’s name, marks, or logos in connection with any publicly distributed materials, provided that the Party whose approval is being sought will not unreasonably withhold or delay its approval. KABOOM! shall have the right to review and approve the type, manner, location, and duration of any advertisements or promotions in which the City references the KABOOM! Marks, any Project, or its participation in any Project. The Parties agree that KABOOM! is the sole owner of all right, title and interest in and to the KABOOM! Marks and the City is the sole owner of all right, title and interest in and to the City Marks, in each case, including all goodwill associated therewith, and that each Party may take steps to protect such marks. The City further acknowledges and agrees that, as between the parties, KABOOM! is the sole owner of all label designs, product identifications, artwork, symbols, devices, manuals, guides, inventions, and publications produced as part of KABOOM! operations, services, and programs. 5. Termination. In the event that the City fails to make the payments required under this Agreement, KABOOM! may terminate the Agreement upon written notice to the City of such termination. In addition, either Party may terminate this Agreement in the event of a breach by the other Party of any of its obligations hereunder, which breach (other than in the case of a payment breach), to the extent curable, remains uncured for thirty (30) days after such Party has provided written notice of such breach to the other Party. Furthermore, if either Party is delayed or prevented from fulfilling any of its obligations hereunder by any cause beyond its Page 7 of 11 5 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 calendar days due to such force majeure event, in which case KABOOM! shall refund to the City any amounts paid directly by the City 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 to KABOOM! by the City exceeds the sum paid to KABOOM! hereunder, the City 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. Indemnification. Each Party will indemnify, defend and hold harmless the other party and its and their respective affiliates’ directors, officers, managers, partners, members, shareholders, employees, agents, representatives, successors and permitted assigns 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), arising under, out of or in connection with any actions associated with each Project due to: (a) any alleged or actual breach of this Agreement; (b) any act or omission in the performance of this Agreement by the indemnifying Party or any volunteer or other person participating in any Project at the behest of the indemnifying Party; or (c) any claims that the indemnifying Party’s intellectual property infringes a third party’s intellectual property, as long as the indemnifying Party’s intellectual property has been used in the manner contemplated hereby. In addition, the City shall indemnify and hold harmless KABOOM! and its 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), resulting from the use of any playspace property and equipment, including those for personal injury, death, or property damage, except to the extent resulting from the willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement. 7. General Provisions. 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 Illinois, 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 electronically (e.g., DocuSign) or handwritten signature, each of which shall be an original and all of which, when taken together, shall constitute the same Agreement and may be delivered by 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 electronic mail transmission (the receipt of which is confirmed) at the address set forth under such Party's signature below. [Remainder of Page Intentionally Left Blank.] Page 8 of 11 6 IN WITNESS WHEREOF, the Parties hereto have entered into this Donation and Collaboration Agreement as of the date first written above. The City of Evanston, Illinois By: _______________________ Name: Title: Address for Notices: {enter municipality} {enter street address} {enter City, State and Zip} Attn: {enter contact name} Email: {enter contact email address} KABOOM!, INC. By: _______________________ Name: Title: Address for Notices: KABOOM!, Inc. 7200 Wisconsin Ave., Ste. 400 Bethesda, MD 20814 Attn: Email: Page 9 of 11 7 EXHIBIT A – PROJECTS Location Address Description 1. Clyde-Brummel Park 601 Brummel Street Evanston, IL Replacement of existing playground with new playground for 2- to 12-year-old children and related site amenities Page 10 of 11 8 EXHIBIT B – PROJECT BUDGET, TIMELINE & PAYMENT SCHEDULE 1. CLYDE-BRUMMEL PARK A. Project Budget Improvement Estimated KABOOM! Donation Value Public Funds Public In-Kind Contribution (estimated value) Total Site prep, curbing/sidewalks/other concrete work, soil testing, utility checks, etc. (performed by City) $_________ $_________ Equipment, furnishings, and surfacing, including related freight, tax, bond, and installation service expenses (purchased directly by City through cooperative purchasing agreement) $200,000 $200,000 Volunteer engagement $_________ $_________ Community & professional design $_________ $_________ Project management $_________ $_________ Site amenities (e.g., plantings, games, art, supplies) $_________ $_________ Measurement & evaluation $_________ $_________ Travel $_________ $_________ Indirect costs $_________ $_________ Contingency $_________ $_________ TOTAL $200,000 $200,000 $_________ $_________ B. Project Timeline & Payment Schedule {to come, including timeline for equipment/surfacing ordering, soil testing, utility checks, site prep, etc.} Page 11 of 11