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19-113 Grant Agreement by and Between the County of Santa Clara and the City of Cupertino, All-Inclusive PlaygoundALL-INCLUSIVE PLAYGROUND GRANT AGREEMENT BY AND BETWEEN THE CITY OF CUPERTINO AND THE COUNTY OF SANTA CLARA This Grant Agreement (“Agreement”) is made and entered into by and between the County of Santa Clara, a political subdivision of the State of California (hereinafter referred to as the “COUNTY”) and the City of Cupertino, a municipal corporation (hereinafter referred to as “GRANTEE”). The COUNTY and the GRANTEE are each a “Party” and collectively the “Parties” to this Agreement. RECITALS WHEREAS, the GRANTEE signed and submitted an all-inclusive playground application (“Application”) to the COUNTY requesting grant funding to assist with the construction and development of an all-inclusive playground, which is incorporated herein and made a part of this Agreement by this reference (Exhibit B). COUNTY materially relies upon the statements and documentation submitted by GRANTEE in said Application in its entirety and based upon this material reliance COUNTY is willing to enter into this Agreement with GRANTEE; WHEREAS, the all-inclusive playground (“Project”) will be located at Jollyman Park, 1000 South Stelling Road (“Premises”) in the city of Cupertino, County of Santa Clara, and will be open to the general public on a continuous, non-interrupted basis for no less than twenty (20) years from the date of Project completion; WHEREAS, GRANTEE represents and warrants to COUNTY that GRANTEE, by itself and through its contractors and consultants, has experience, expertise, financial capability and ability to complete the Project contemplated herein and to fully perform all obligations and responsibilities under this Agreement to completion; WHEREAS, the County of Santa Clara Board of Supervisors, wishes to assist the GRANTEE in completing the Project which serves as an all-inclusive playground on a continuous, uninterrupted basis for at least twenty (20) years (“Public Purpose”); WHEREAS, the Board of Supervisors has approved the award of Grant Funds (as defined herein below) to GRANTEE provided GRANTEE complies with all terms and conditions of this Agreement; WHEREAS, the Board of Supervisors has found that the Project will serve a public purpose of general COUNTY interest as an all-inclusive playground; WHEREAS, the award of funds as specified in Section 4 of this Agreement (“Grant Funds”) is contingent upon GRANTEE complying with all terms and conditions of this Agreement, which includes GRANTEE satisfying all of the Grant Scope/Cost Estimate Form All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 2 of 14 representations contained in Appendix G of GRANTEE’s Application. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, COUNTY and GRANTEE agree to the foregoing and as follows: 1. All Recitals contained herein above are incorporated into and made a part of this Agreement as terms and conditions. 2. The GRANTEE may utilize the Grant Funds to complete the Project within three years from the Effective Date of this Agreement and shall return any unspent funds at the end of this three-year period. 3. The GRANTEE shall acknowledge the COUNTY’s contribution to the Project by placing a plaque, which shall first be reviewed and approved by County, in a prominent public place at the Project location identifying the County as a sponsor of the Project; 4. The GRANTEE warrants and represents that it shall expend all Grant Funds in accordance with the terms of this AGREEMENT and the All-Inclusive Playground Grant Program Procedural Guide (“Guide”) (Exhibit A) attached and incorporated herein by this reference. SECTION 1. PUBLIC PURPOSES GRANTEE represents and warrants that it will use best efforts to secure all the requisite rights and entitlements from public agencies, local governments, and the property owner (if any) to construct the Project. GRANTEE further represents and warrants that it will ensure that the Project is open and available to the public on an equal basis, and accessible by all members of the public on a continuous, uninterrupted basis, as an all-inclusive playground free of charge. The time frames that the playground must be open and accessible to the public are specified in GRANTEE’s application (Exhibit B), which is incorporated into this Agreement. SECTION 2. GRANTEE RESPONSIBILITIES COUNTY funding is subject to the following conditions: (1) Responsibility of the GRANTEE. The GRANTEE will ensure that the Project is completed and operated in compliance with all requirements of the Guide, and fully constructed and operational within three-years from the date of execution of this Agreement, and GRANTEE shall act promptly and without delay with respect to such matters in relation to the Project in accordance with the following: a. Comply with all laws and Guide requirements, including but not limited to all All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 3 of 14 environmental, health and safety laws and all provisions of the public contracts code, where applicable. b. Comply with best industry practices and manufacturer design and construction specifications for the Project. c. Prepare plans and specifications for the Project and construction of the Project using qualified persons with the requisite skills and expertise to complete the Project. d. Prepare all environmental documents required for completion of the Project pursuant to the California Environmental Quality Act, National Environmental Policy Act, and any rules and/or regulations promulgated thereunder, where applicable. No funds will be dispersed until these environmental requirements have been fully met. e. Secure all approvals, permits, and certifications by government agencies required for completion of the Project, where applicable. f. Secure performance and payment bonds in 100% of the amount of the construction contract to assure satisfactory completion of the Project, and the payment of laborers and suppliers of material. g. Each year, during construction of the Project, GRANTEE shall cause a report to be made to the County Board of Supervisors showing progress made towards completion of the Project. (2) Capital Contributions by Parties to AGREEMENT a. GRANTEE shall ensure that any funds in excess of the Grant Funds needed to complete the Project are secured by GRANTEE and not by COUNTY. b. No Grant Funds may be used for office space, salary, or administrative expenses incidental to the Project. (3) Budget Contingency. Performance and/or payment by the COUNTY pursuant to this Agreement is contingent upon the appropriation of sufficient funds by the COUNTY for the work covered by this Agreement. If funding is reduced or deleted by the COUNTY for the work covered by this Agreement, the COUNTY may, at its option and without penalty or liability, terminate this Agreement or offer an amendment to this Agreement indicating the reduced amount. All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 4 of 14 SECTION 3. OPERATION AND MAINTENANCE Upon completion of PROJECT construction, the GRANTEE warrants, represents and agrees that it, or its authorized representatives, will operate, manage, and maintain the PROJECT for a period of at least twenty (20) consecutive years from the effective date of this AGREEMENT, for Public purposes, open to the public and for the benefit of the general public. Ongoing operation, management, and maintenance is solely the responsibility of the GRANTEE acting by itself or through its authorized representatives. SECTION 4. COMPENSATION (1) The COUNTY will provide the GRANTEE one million four hundred forty eight thousand two hundred and one dollars ($1,448,201) (“Grant Funds”) only in accordance with the reimbursement provisions of the Guide. GRANTEE shall thoroughly review and develop an understanding of the obligations set out in the Guide, including but not limited to the “Reimbursements” and “Final Reimbursement” sections. (2) Any Grant Funds not expended pursuant to the terms and conditions of this Agreement shall be returned to the COUNTY immediately. In addition, if, for whatever reason, the GRANTEE is unable to ensure the completion of the construction of the Project or is unable to ensure that the all-inclusive playground is operated, managed, and maintained for twenty (20) consecutive years from the date of Project completion (which date must be no later than three (3) years from the effective date of this Agreement), then GRANTEE shall immediately refund to the COUNTY all the Grant Funds, even if such funds have already been expended for the Project. SECTION 5. RECORDS RETENTION AND AUDIT (1) GRANTEE will maintain Project financial records for audit purposes for three (3) years after completion of the PROJECT or until all claims are settled, whichever occurs last. All records and data shall be available to COUNTY upon reasonable notice within five (5) working days of a request by COUNTY. GRANTEE shall repay COUNTY with interest at the rate earned on COUNTY’s investments for any unauthorized activities disclosed by audit or inspection, including the cost of the audit, within thirty (30) days of demand by COUNTY. (2) GRANTEE will maintain Project records related to maintenance and access for audit purposes for twenty (20) years after completion of the Project. All records and data shall be available to COUNTY upon reasonable notice within five (5) working days of a request by COUNTY. (3) Audits may be conducted at the discretion of the Santa Clara County Parks and Recreation Department. The audits may take two forms; a walk through inspection of the Project and informal review of the Project records by Parks and Recreation Department All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 5 of 14 staff, and/or a formal audit conducted by either COUNTY staff or a consultant. GRANTEE should be prepared for either or both types of audits. A walk through inspection may occur at the beginning of a Project, prior to approval of the final reimbursement request, or at periodic intervals during construction and the period of time during which the playground must remain open and accessible to the public. A formal audit may occur as deemed necessary by the Santa Clara County Parks and Recreation Department. SECTION 6. INDEMNIFICATION. GRANTEE covenants, warrants, represents and agrees that it shall indemnify, defend, save and hold harmless the COUNTY and all of its employees, officers, directors, attorneys, agents, contractors, successors and assigns in accordance with the indemnification provisions of Exhibit C, which is incorporated herein and made a part of this agreement by this reference. SECTION 7. TERM OF AGREEMENT This Agreement is effective as of the date of its full execution and shall terminate twent y (20) years from the date of Project completion, unless otherwise terminated earlier pursuant to the terms of this Agreement. SECTION 8. NOTICES Any notices provided herein, except as provided in section 24(g), shall be deemed received when mailed or delivered to the respective parties addressed as follows: COUNTY OF SANTA CLARA City of Cupertino Don Rocha, Director Parks and Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 (408) 355-2220 Timm Borden, Director of Public Works 10300 Torre Ave Cupertino, CA 95014 408-777-3354 SECTION 9. MISCELLANEOUS (1) Entire Agreement. This document represents the entire agreement between the parties in relation to the subject matter contained herein. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of the agreement are merged into this Agreement. (2) Amendments. This Agreement may only be amended by a written instrument signed by authorized representatives of both parties. All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 6 of 14 (3) Conflict of Interest. GRANTEE shall comply, and require its contractors, employees, agents, representatives, subcontractors and consultants to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the COUNTY. a. In accepting this Agreement, GRANTEE covenants, warrants, represents, and agrees that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. GRANTEE further covenants that, in the performance of this Agreement, it will not employ any contractor, consultant or person having such an interest. GRANTEE, including but not limited to GRANTEE’s employees, contractors, subcontractors and consultants, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests. b. If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, GRANTEE shall, upon execution of this Agreement, provide COUNTY with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to its Contractor’s employees, agents and subcontractors, that could be substantively involved in “making a governmental decision” or “serving in a staff capacity and in that capacity participating in making governmental decisions or performing duties that would be performed by an individual in a designated position,” (2 CCR 18701(a)(2)), as part of Contractor’s service to the GRANTEE under this Agreement. GRANTEE shall immediately notify COUNTY of the names and email addresses of any additional individuals later assigned to provide such service to COUNTY under this Agreement in such a capacity. GRANTEE shall immediately notify the County of the names of individuals working in such a capacity who, during the course of the Agreement, end their service to the GRANTEE. c. If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, GRANTEE shall ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations including, as required, filing of Statements of Economic Interests within 30 days of commencing any work pursuant to this Agreement, annually by April 1, and within 30 days of their termination or cessation of work pursuant to this Agreement. All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 7 of 14 (4) Governing Law, Venue. This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, construed, and enforced in accordance with the law of the State of California (excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to this Agreement, including arbitration proceedings, shall be brought only in Santa Clara County, California. EACH OF THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA CLARA COUNTY, CALIFORNIA. (5) Assignment. No assignment of this Agreement or of any of the rights or obligations hereunder shall be valid without the prior written consent of COUNTY. (6) Waiver. No delay or omission by either party hereto to exercise any right occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained. (7) Non-Discrimination. GRANTEE represents, warrants and agrees that it and its contractors, consultants and representatives shall comply with all applicable Federal, State, and local laws and regulations including Santa Clara County’s policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and 1102. GRANTEE represents, warrants and agrees that it shall not discriminate against any contractor, subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. GRANTEE also represents, warrants, and agrees that it shall not discriminate in provision of work performed in relation to this Agreement because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. (8) COUNTY No-Smoking Policy. GRANTEE and its employees, agents, contractors, subcontractors and consultants, shall comply with the COUNTY’s No-Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all COUNTY-owned and operated health facilities, (2) within 30 feet surrounding COUNTY- All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 8 of 14 owned buildings and leased buildings where the COUNTY is the sole occupant, and (3) in all COUNTY vehicles. (9) Food and Beverage Standards. Except in the event of an emergency or medical necessity, COUNTY’s nutritional standards shall apply to any foods and/or beverages purchased by GRANTEE with Grant Funds for COUNTY-sponsored meetings or events. (10) California Public Records Act. All documents and records provided to or made available to COUNTY under this Agreement become the property of the COUNTY, which is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If GRANTEE proprietary information is contained in documents submitted to COUNTY, and GRANTEE claims that such information falls within one or more CPRA exemptions, GRANTEE must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, the COUNTY will make reasonable efforts to provide notice to GRANTEE prior to such disclosure. If GRANTEE contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required at its own cost, liability, and expense to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Clara County before the COUNTY responds to the CPRA request. If GRANTEE fails to obtain such a remedy before the COUNTY responds to the CPRA request, COUNTY may disclose the requested information and shall not be liable or responsible for such disclosure. a. GRANTEE further warrants, represents and agrees that it shall defend, indemnify, and hold COUNTY harmless against any and all claims, actions or litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by COUNTY of a CPRA request for any information arising from any representation, or any action (or inaction), by the GRANTEE, its contractors, consultants, employees, agents, or representatives. (11) No Third Party Beneficiaries. This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties signing this Agreement. Subcontractors, sponsors and affiliates shall have no right or claim attaching to this Agreement or to the Grant Funds and are not third party beneficiaries of or to this Agreement. (12) Relationship of the Parties. The Parties acknowledge and agree that nothing set forth in this Agreement shall be deemed or construed to render the parties as joint venturers, partners, agents, a joint enterprise, employer-employee, or lender-borrower. GRANTEE shall have no authority to employ any person as employee or agent on behalf of COUNTY for any purpose. Neither GRANTEE nor any person using or involved in or participating in the Project or in the use of the Grant Funds shall be deemed a third party beneficiary to this Agreement nor an employee or agent of COUNTY, nor shall any such person represent himself or herself All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 9 of 14 to others as a third party beneficiary to this Agreement or as an employee or agent of COUNTY. (13) No Indemnification and Insurance by COUNTY. Nothing contained in this Agreement is to be construed as an indemnification by COUNTY for any loss, damage, injury or death arising out of or caused, in whole or in part, by the COUNTY or its Board of Supervisors, officers, executives, attorneys, employees, agents, representatives, contractors or subcontractors. Nothing contained herein shall be construed to, and nothing shall, obligate the COUNTY to provide any insurance, indemnity or protection for or on behalf of any third party, the Project or the property owner. (14) Subcontractors. If any obligation is performed for or on behalf of GRANTEE through a consultant, contractor or subcontractor, GRANTEE will remain fully responsible for the performance of all obligations under this Agreement and GRANTEE will be solely responsible for all payments due to its contractors, consultants, or subcontractors. No contract, subcontract or other agreement entered into by GRANTEE with any third party in connection with this Agreement, or for or in relation to the use of the Grant Funds, will provide for any indemnity, guarantee or assumption of liability by, or other obligation of, COUNTY with respect to such arrangement. No contractor, consultant or subcontractor will be deemed a third party beneficiary for any purposes under or to this Agreement. (15) Nonexclusive Agreement. GRANTEE agrees that this Agreement is non-exclusive and COUNTY may at any time, in its sole discretion, enter into agreements with other parties for any purpose deemed to be in the best interest of the COUNTY. (16) Paragraph Headings. The headings and captions of the various paragraphs and subparagraphs hereof are for convenience only, and they shall not limit, expand or otherwise affect the construction or interpretation of this Agreement. (17) Cumulative Remedies. The rights and remedies of the parties to this Agreement, whether pursuant to this Agreement or in accordance with law, shall be construed as cumulative, and the exercise of any single right or remedy shall constitute neither a bar to the exercise of nor the waiver of any other available right or remedy. (18) Counterparts. This Agreement may be executed in several counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original. Facsimile or electronic signatures shall have the same legal effect as original or manual signatures if followed by mailing of a fully executed original to both parties. (19) Construction/Severability. This Agreement shall not be construed more strongly against either party regardless of who is more responsible for its preparation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 10 of 14 such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable. (20) Authority. Each party represents and warrants that it has executed this Agreement freely, fully intending to be bound by the terms and provisions contained in this Agreement and that the persons signing below are authorized to sign on each party’s behalf. (21) Office of Foreign Assets Control Compliance. GRANTEE represents to COUNTY that: (a) GRANTEE and each of the GRANTEE Representatives are not acting, and shall not act, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person,” or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation enforced or administered by the federal Office of Foreign Assets Control; and (b) GRANTEE, and the GRANTEE Representatives, are not engaged in this transaction, directly or indirectly, on behalf of, or instigating or facilitating this transaction, directly or indirectly, on behalf of any such person, group, entity, or nation. (22) COUNTY Regulatory Authority. GRANTEE acknowledges and agrees that COUNTY, acting not as landlord but in its governmental regulatory capacity, has certain governmental regulatory authority over the Premises and that nothing in this Agreement binds the COUNTY to exercise or refrain from exercising this discretionary governmental authority in any particular manner. (23) Bribery Clause. GRANTEE certifies, represents and warrants that GRANTEE and the GRANTEE Representatives have not been convicted of bribery or attempting to bribe an officer or employee of the COUNTY or any other municipality or state entity nor has GRANTEE or any of the GRANTEE Representatives made an admission of guilt of such conduct which is a matter of record. (24) Wage Theft Prevention. a. Compliance with Wage and Hour Laws. GRANTEE, and any the GRANTEE Representatives it employs or contracts with to complete work under this Agreement, must comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or Living Wage Ordinance. b. Final Judgments, Decisions, and Orders. For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, a local enforcement agency, or any other government entity tasked with the investigation and enforcement of wage and hour laws. All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 11 of 14 c. Prior Judgments against GRANTEE. BY SIGNING THIS AGREEMENT, GRANTEE AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS, OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING—IN THE FIVE YEARS PRIOR TO EXECUTING THIS AGREEMENT—THAT GRANTEE HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. GRANTEE FURTHER AFFIRMS THAT IT HAS SATISFIED AND COMPLIED WITH—OR HAS REACHED AGREEMENT WITH THE COUNTY REGARDING THE MANNER IN WHICH IT WILL SATISFY—ANY SUCH JUDGMENTS, DECISIONS, OR ORDERS. d. Judgments During Term of Contract. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision, or order finding that GRANTEE or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or GRANTEE learns of such a judgment, decision, or order that was not previously disclosed, GRANTEE must inform the Office of the County Executive-Office of Countywide Contracting Management (OCCM), no more than 15 days after the judgment, decision, or order becomes final or of learning of the final judgment, decision, or order. GRANTEE and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the Office of the County Executive-OCCM with documentary evidence of compliance with the final judgment, decision, or order within 5 days of satisfying the final judgment, decision, or order. The COUNTY reserves the right to require GRANTEE to enter into an agreement with the COUNTY regarding the manner in which any such final judgment, decision, or order will be satisfied. e. COUNTY’s Right to Withhold Payment. Where GRANTEE has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court or government agency, the COUNTY reserves the right to withhold payment to GRANTEE until such judgment, decision, or order has been satisfied in full. f. Material Breach. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for termination of this Agreement and/or any other remedies available under this Agreement and/or law. g. Notice to COUNTY Related to Wage Theft Prevention. Notice provided to the Office of the County Executive as required under this Section shall be addressed to: Office of the County Executive—OCCM; 70 West Hedding Street; East Wing, 11th Floor; San José, CA 95110. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. // All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 12 of 14 (25) Prevailing Wage. GRANTEE acknowledges and agrees that work performed under this Agreement may be considered a public work within the meaning of California Labor Code Section 1720 and that the requirements of Section 1771, et. seq. apply to such public work. GRANTEE has included (and will include) consideration for this obligation in calculating compensation under this Agreement, if such prevailing wage requirements are applicable. GRANTEE is solely responsible and liable for ensuring compliance with all applicable prevailing wage laws. COUNTY may at any time, without obligation to do so, audit GRANTEE to verify whether GRANTEE is in compliance with prevailing wage laws. GRANTEE shall cooperate with all such audits, including making available and providing copies, during the period 9:00am to 5:00pm, Monday through Friday, any and all records requested by COUNTY to verify compliance promptly upon request, but not later than seventy- two hours after such request. (26) Insurance. GRANTEE shall provide insurance and comply with all insurance and other terms and conditions set out in the attached Exhibit C. (27) Exhibits. The following exhibits are attached to this Agreement and are incorporated herein by this reference. Exhibit A -- All-Inclusive Playground Grant Program Procedural Guide Exhibit B -- Grant Application Exhibit C – Insurance Requirements and Proof of Insurance (28) Survival. All terms and conditions that by their nature should survive termination or expiration of this Agreement, shall so survive including but not limited to Sections 1, 2, 5, 6, 8, and 9 inclusive. // // // // ////SIGNATURES FOLLOW ON NEXT PAGE//// // // // // IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as provided below, effective as of the last date signed by all the Parties ("Effective Date"). GRANTEE: Borden, Director of Public Works City of Cupertino, a municipal corporation Dated L9 Approved as to form: ^^, t --'^ Name: þ e,^t*. ( f\' Yl^'.r'Íe ç Ci\--1 Attomey ////SIGNATURES FOLLOW ON NEXT PAGET// All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 13 of 14 All-Inclusive Playground Grant Agreement (Program Two-Round 1) By and Between the City of Cupertino and the County of Santa Clara Page 14 of 14 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as provided below, effective as of the last date signed by all the Parties (“Effective Date”). COUNTY OF SANTA CLARA: ____________________________________ Sylvia Gallegos Deputy County Executive Date:________________________ Approved as to form and legality: __________________________________ Tony LoPresti Deputy County Counsel X 6/24/2019 Exhibit A All-Inclusive Playground Grant Program Procedural Guide AIPG Procedural Guide Page 1 ALL-INCLUSIVE PLAYGROUND GRANT PROGRAM PROGRAM TWO Procedural Guide September 11, 2018 County of Santa Clara Application due date: Friday, October 12, 2018 by 5:00 PM AIPG Procedural Guide Page 2 TABLE OF CONTENTS ALL-INCLUSIVE PLAYGROUND GRANT PROGRAM ............................................... 3 Purpose and Funding ............................................................................................... 3 Applicant Eligibility ................................................................................................... 3 Project Eligibility Criteria .......................................................................................... 3 Available Grant Funds .............................................................................................. 4 Grantee Match ......................................................................................................... 4 What can I use to match an AIPG grant? ................................................................. 4 In-Kind Contributions ................................................................................................ 4 Project Savings ........................................................................................................ 5 Property Owner Approval ......................................................................................... 5 Grant Scope/Cost Estimate ...................................................................................... 5 Application Packet Submittal .................................................................................... 5 Reservations ............................................................................................................ 7 Execution of Grant Agreement ................................................................................. 7 CEQA ....................................................................................................................... 7 Multi-Lingual Signage ............................................................................................... 7 Insurance ................................................................................................................. 8 Prevailing Wages ..................................................................................................... 8 Timeline for Project Completion ............................................................................... 8 Progress Reports ..................................................................................................... 8 Changes to Grant Agreement Term ......................................................................... 8 Operation and Maintenance ..................................................................................... 8 Funding Assistance Acknowledgement .................................................................... 9 Reimbursements ...................................................................................................... 9 Final Reimbursement ............................................................................................. 10 Accounting Requirements ...................................................................................... 10 Record Retention ................................................................................................... 10 APPENDIX A: Accessible Play Areas ................................................................... 12 APPENDIX B: ASTM POLICIES ............................................................................ 13 APPENDIX C: All-Inclusive Playground Grant Program Policies ........................... 14 APPENDIX D: APPLICATION PACKET REQUIREMENTS AND CHECKLIST ..... 16 APPENDIX E: ALL-INCLUSIVE PLAYGROUND APPLICATION FORM ............... 17 APPENDIX F: PROJECT PROPOSAL .................................................................. 18 APPENDIX G: GRANT SCOPE/COST ESTIMATE FORM .................................... 21 APPENDIX H: FUNDING SOURCES FORM ......................................................... 22 APPENDIX I: EVALUATION FACTORS ................................................................ 23 APPENDIX J: SAMPLE GRANT FUNDING AGREEMENT ................................... 24 AIPG Procedural Guide Page 3 ALL-INCLUSIVE PLAYGROUND GRANT PROGRAM Purpose and Funding The Board of Supervisors of the County of Santa Clara established the All-Inclusive Playground Grant Program (AIPG) in 2017 to provide grants to local cities, school districts, non-profits and/or other governmental entities interested in building all- inclusive playgrounds in their communities located within Santa Clara County. This funding opportunity serves as a catalyst to communities within the County to provide facilities of regional significance for seniors, children and parents with disabilities. For AIPG Program Two, a cumulative total of up to $10 million in matching funds is available Countywide, allocated among supervisorial districts. Up to $2 million in matching funds is available in each supervisorial district. One or more grant projects may be awarded per district. The Board of Supervisors awards grants on a competitive basis following staff review and the All-Inclusive Playground Grant Review Committee (Review Committee) recommendation. The Board of Supervisors is not obligated to fund any AIPG projects, even if the project has been deemed eligible for funding by the Review Committee or County staff. The program is governed by any existing or future policies and procedures that may be approved or amended from time to time by the Board of Supervisors. See Appendix C. The Board of Supervisors, by approving this program, hereby designates the Director of the Parks and Recreation Department as the administrator and manager of the All- Inclusive Playground Grant Program, using funds other than Park Charter funds. Applicant Eligibility Local public agencies and non-profit corporations with 501(c)(3) certification are eligible to apply for grant funds for projects that will be constructed within the geographical limits of Santa Clara County. Project Eligibility Criteria 1. The project must be located within the geographical limits of Santa Clara County. 2. The playground must be accessible to the public on a non-discriminatory basis. 3. The project must conform with the US Access Board Play Guide (Appendix A). 4. The project must comply with ASTM Policies, its equivalent or better (see Appendix B, section 105.2.3). AIPG Procedural Guide Page 4 5. The project must be for a regionally serving playground that includes elements that make the playground accessible not only to the 10% of those with disabilities in wheelchairs, but also to the 90% of those with disabilities who are not in wheelchairs. The design must include elements to address the needs of people with Autism Spectrum Disorder, Sensory Challenges, Visual and Auditory Impairments, Cognitive, Developmental and Physical Disabilities. 6. The Project must include a design that goes above and beyond minimum standards set by the Americans with Disabilities Act, to ensure that seniors, children and parents with disabilities can truly make use of the playground. 7. The Project must include a plan for long-term playground maintenance and upkeep that is funded by sources other than the grant funds. Available Grant Funds A cumulative total of up to $10 million is available Countywide, allocated among supervisorial districts -- $2 million in each supervisorial district. One or more grant projects may be awarded per district. These are matching funds only. A Grant award may fund up to fifty percent of actual project expenditures incurred, but such award shall not exceed the funding limits per District. Applicants may request different amounts, but no more than $2 million may be awarded to any single project. Grantee Match The Match is one Applicant dollar to one AIPG dollar for all AIPG grants. This is a reimbursement program. Up to fifty percent of the actual project expenditures, not to exceed the Grant award amount, may be reimbursed in accordance with the Reimbursements section of this Procedural Guide. If actual Project costs exceed the Grantee’s original estimate of Project costs stated in the Grant Application, these excess costs will not be reimbursed. The basis for the County’s matching fund contribution will be solely determined by the Project cost estimate presented in the Grant Application. However, if the final costs are less than this estimate, Grantee may receive less than the full grant award amount (as solely determined by the County). There may be an exception to the cash match requirement for school districts and/or individual schools serving predominately lower income families as defined by having 50% or more students eligible for free and reduced-priced meals. What can I use to match an AIPG grant? The Applicant may include cash and other non-County grant funds to cover their Project costs. In-Kind Contributions In-kind contributions and services (such as volunteer labor, administration staff time devoted to managing the project, etc.) shall not be counted as matching contributions from the Grantee. Applicants may discuss any in-kind contributions to their Project in the budget section of the Project Proposal (Appendix F), but it will not be counted. AIPG Procedural Guide Page 5 Only items which are funded by Grantee cash or other non-County grant funds are eligible to be considered as ‘hard costs’ for purposes of determining grant award budget qualification and must be listed in the Grant Scope/Cost Estimate Form (Appendix D). Project Savings The basis for the County’s matching fund contribution will be solely determined by the Project cost estimate presented in the Grant Application. However, if the final costs are less than this estimate, Grantee may receive less than the full grant award amount (as solely determined by the County). Property Owner Approval Where Projects are located on property not owned by the Grantee, then Grantee must submit as a part of their/its application, a copy of a signed written approval from the property owner granting a license or lease for the playground Project intended and such agreement shall provide a minimum term of 20 years in duration. The property owner will be required to sign the Grant Agreement if grant funds are awarded. Grant Scope/Cost Estimate The Grant Scope/Cost Estimate Form (Appendix G) establishes the expected deliverables for project completion if a grant is awarded. To be eligible for reimbursement, work items funded by the grant must be listed on the Grant Scope/Cost Estimate Form. Describe each work item listed on the Grant Scope/Cost Estimate Form using phrases such as “Construct a new ………” “Purchase and install ………” Provide a cost estimate for each work item listed on the Grant Scope/Cost Estimate Form. The estimated total project cost on the Grant Scope/Cost Estimate Form must equal the estimated total project cost listed on the AIPG Application Form. Application Packet Submittal This process does not commit the County to fund, nor does it commit the County to pay any cost incurred in the submission of an application, or in making necessary studies or designs for the preparation thereof, nor procure or contract for services or supplies. Furthermore, no reimbursable cost may be incurred in anticipation of grant funding. All costs associated with the application preparation are solely the responsibility and liability of the submitting applicant.  Complete the AIPG Application Form (Appendix E) and prepare a project proposal addressing the questions in Appendix F. Do not make any modifications to the order, format, font size, or content of the AIPG Application Form. If modifications are made, the grant application will not be considered. AIPG Procedural Guide Page 6  The applicant must designate an authorized representative to sign the AIPG Application Form. This person will be responsible for executing all documents, including the Grant Agreement, and has the authority to legally bind the applicant.  The application packet should be presented in the order indicated in Appendix D: Application Packet Requirements and Checklist and keyed to a table of contents. If a Checklist item does not apply, note “N/A” and provide a brief explanation why the item is not applicable. The application Checklist should be submitted as part of the grant application packet to assist staff in determining the completeness of the application.  Submit only the items shown in the Checklist. Do not submit supplementary materials, such as PowerPoint presentations, videos, or letters of support.  Application packets may be stapled, but not bound (e.g. coil or ring binding) or placed in folders. Number all pages. Hand numbered pages are acceptable.  Applicants may submit an application for more than one playground site, but not multiple applications for the same playground. A separate application packet must accompany each project.  Submit one (1) unbound original paper copy with wet ink signatures and one (1) electronic copy on a USB Flash drive of the complete application packet including scanned signatures (see Appendix A: Application Packet Requirements and Checklist). Application packets may be mailed or hand delivered to the address below. FAX or electronic (email) submissions will not be accepted. Application packets must be received by 5:00 p.m. on October 12, 2018, directed to: The County expects to announce grant awards (intent to award) in December 2018. Christian Elliott, Grants Management Analyst County of Santa Clara, Parks and Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 AIPG Procedural Guide Page 7 Reservations The County reserves the right to make changes to this process without liability, obligation or requirement to pay any costs incurred by any applicant in applying for grant funding, including but not limited to: 1. Reject all applications without any reason for the rejection. 2. Ask the applicant to revise or modify its application. 3. Modify, in the final Grant Agreement, any terms and/or conditions described in this Procedural Guide. 4. Terminate this process at any time for the convenience of the County. 5. Change any of the procedures or process described in this Manual Execution of Grant Agreement Prior to funding, Grantee shall execute the legally binding Grant Agreement, without Grantee modification, which includes the Grant Scope /Cost Estimate for the project, a sample of which is attached herein as Appendix J. The scope of work cannot be materially changed once the grant is awarded and the Grant Agreement is executed. Grant applicants should carefully review the terms of the Grant Agreement before completing the application packet. The Grant Agreement includes any special conditions imposed during the grant approval process that must be completed in order to close out the Grant Agreement and receive reimbursement funds. Once Applicant has been given a Grant Agreement, it must be signed and returned to the County’s Grant Program Administrator, for County execution. Only the Board of Supervisors can approve the Grant Agreement. Funds are not committed until the Grant Agreement is fully executed by the County. CEQA Grant projects require compliance with the California Environmental Quality Act (CEQA). Check with your local city or county planning agency for more information on how to complete CEQA. Although CEQA does not need to be completed prior to submitting a grant application, prior to construction or any grant funds being disbursed, CEQA must be completed. If you have completed CEQA, please submit one of the documents listed below with your application. If CEQA is not completed, the applicant shall describe any steps taken to comply with CEQA. 1. Notice of Exemption filed with, and stamped by, the county clerk, or 2. Initial Study with a Negative Declaration and a copy of the Notice of Determination filed with, and stamped by the county clerk, or 3. Initial Study and an Environmental Impact Report and a copy of the Notice of Determination filed with and stamped by the county clerk. Multi-Lingual Signage Projects must include publicly accessible/viewable multi-lingual signage appropriate to the diverse community where the project is located. This could include providing AIPG Procedural Guide Page 8 information regarding playground usage, as well as wayfinding or directional signage, including for play areas that may be located away from the street. Insurance Grantees must comply with all insurance and indemnity requirements set out herein and in Appendix J. Prevailing Wages All agreements with third parties for work or services needed to complete the grant project must include an obligation of the contractor to meet and comply with applicable state of California prevailing wage laws. For more information on prevailing wage, Grantees should visit the State of California Department of Industrial Relations website at: https://www.dir.ca.gov/Public-Works/Prevailing-Wage.html Timeline for Project Completion Grant projects cannot commence until the Funding Agreement has been fully executed. Grant projects must be completed within three (3) years from the date of execution of the Grant Agreement. If the project cannot be completed within the required timeframe, the grantee forfeits all right or entitlement to receive any reimbursement of costs from the County under this grant program and the Grant Agreement. Progress Reports Grantees may be required, at County’s sole option, to submit written progress reports to the designated County Parks and Recreation Department Grants Program Administrator, which may be on a semi-annual or annual basis during the Term of the Grant Agreement. At the request of the County, Grantees may also be required to present progress reports in open session at regularly scheduled Board of Supervisors meetings. Changes to Grant Agreement Term Within three years from the date of execution of the Grant Agreement, Grantee must complete the project and demonstrate the project to be fully usable for its intended purpose as an all-inclusive playground. The County, without the obligation to do so, may approve an extension of the term of the Grant Agreement for reasonable delays not within the control of the grantee. The grantee must request the extension within the first 32 months from the date of Grant Agreement execution. Operation and Maintenance Upon completion of the grant project, the grantee must open the All-Inclusive Playground to the public, and continuously operate and maintain the Playground for the benefit of the public for a period of at least twenty (20) years. On-going maintenance, operation, management, repair and improvement of the Playground is solely the responsibility of the grantee. AIPG Procedural Guide Page 9 Funding Assistance Acknowledgement Grantees are required to publicly acknowledge the County of Santa Clara funding assistance. The primary recognition will be a plaque permanently affixed at a prominent location on the project site, visible to the public. The County must approve the sign design prior to installation. Additionally, grantees must give credit to the County in project-related materials including newsletters, brochures, and internet messages regarding the project for which AIPG funds were used. The acknowledgement credit shall read: “This project made possible in part by a grant from the County of Santa Clara’s All-Inclusive Playground Grant Program.” The Grantee must notify the County of any public dedication events at least 30 days in advance and must give the County the opportunity to participate. The Grantee must also provide the County with a copy of any project related press/media release. Reimbursements Grantees must keep accurate accounting records of all AIPG project expenditures in accordance with Generally Acceptable Accounting Practices (“GAAP”) or GAAP equivalent. Grant funds are issued on a reimbursement basis only, based upon completion of the Grant funding agreement requirements. No advanced funds are issued. Reimbursement is limited to actual expenditures paid by Grantees for work approved in the “Grant Scope” of the Grant funding agreement and listed in the Grant Scope/Cost Estimate Form included with the application packet. These claimable expenditures must be incurred within the contract performance period. When to make your first reimbursement request. Grantee shall only request reimbursement after first having constructed at least 30 percent of the Project. Documentation substantiating construction and claimable expenditures must be provided with the first reimbursement request. Reimbursements on a bi-annual basis. Grantees may submit requests for reimbursement to the County on a bi-annual basis when the Project has accrued claimable expenditures exceeding $1,000 during the previous six-month period. The submittal dates are January 1st and July 1st. Grantees must provide: 1. Itemized invoice(s) requesting reimbursement of eligible costs. Itemizations must clearly show the relationship between the expenditures and the grant scope of work in the Grant funding agreement. 2. Clear copies of grant project invoices directed to the grantee. 3. Evidence that all invoices have been paid. For example, a clear copy of both sides of a check or warrant issued to pay said invoices, or a receipt evidencing such payment. Bank account statements will not be accepted. If the reimbursement request is satisfactory, the County will endeavor to provide payment to the grantee within sixty days of a complete submittal. AIPG Procedural Guide Page 10 Final Reimbursement Upon Project completion, the Grantee must submit a final reimbursement request that includes all the items required in a standard reimbursement request and at least four photographs of the completed project and additional photographs of the permanently installed AIPG funding acknowledgement sign. Final reimbursement requests must be submitted at least thirty (30) days prior to the expiration of the three-year time period required for completion of the project. It is the responsibility of the grantee to be knowledgeable of the deadlines for completing the project and for timely submitting information, documents, and invoices to County. Accounting Requirements Using GAAP or GAAP equivalent, Grantees are responsible for maintaining fiscal controls and fund accounting procedures that will show the following: 1. The disposition of the funds used to complete the project. 2. The total costs of the grant project or undertaking in connection with which such funds are given or used. 3. The amount and nature of that portion of the grant project cost supplied by other sources. 4. Any other records and controls that will facilitate an effective audit by the County or any third parties. The fiscal controls and accounting procedures used to record grant project costs and fund receipts should, at a minimum, be based on generally accepted accounting standards and principles. County may require additional accounting or controls. Record Retention The grantee must maintain grant project records (including paper and electronic media, as appropriate) showing compliance with all aspects of the Grant Agreement and these Guidelines for three (3) years after completion of the grant project or until all claims are settled, whichever occurs last. All grant project records must be made available to the County within five (5) working days of the County’s reasonable notice. If the County determines that the grantee used the grant for ineligible costs, or other terms of the Grant Agreement were breached, the County may take any action permitted under the law or authorized actions under the Grant Agreement, including but not limited to requiring the grantee to repay the grant, with interest at the rate earned on County's investments, and the cost of the audit. All applications and documentation submitted with the applications (including any and all information contained therein) become the exclusive and sole property of the County. The County is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If proprietary information is contained in documents submitted to County, and Applicant claims that such information falls within one or more CPRA exemptions, Applicant must clearly mark such information “CONFIDENTIAL AND PROPRIETARY” and identify the specific lines containing the information, prior to AIPG Procedural Guide Page 11 submitting such documents or information to the County. In the event of a request for such information, the County will make reasonable efforts to provide notice to Applicant prior to such disclosure. Applicant shall have no more than three (3) calendar days from the date of County’s notice to inform County that applicant believes such information to be exempt from disclosure under the CPRA and to thereafter immediately file and obtain approval of a motion in a court of law within Santa Clara County for a temporary restraining order or injunction to prevent County from releasing said information or documents; otherwise, the information/documents will be released. Applicant further agrees that it shall defend, indemnify and hold County harmless against any claim, action or litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by County of a CPRA request for information arising from any representation, or any action (or inaction), by the Applicant. AIPG Procedural Guide Page 12 APPENDIX A: Accessible Play Areas A Summary of Accessibility Guidelines for Play Areas by the U.S. Access Board These guidelines are found online at: https://www.access-board.gov/attachments/article/1369/play-guide.pdf AIPG Procedural Guide Page 13 APPENDIX B: ASTM POLICIES ADA Standards , Chapter 105 Referenced Standards, Section 2. 3 https://www.access-board.gov/guidelines-and- standards/transportation/facilities/about-the-ada-standards-for- transportation-facilities/ada-standards-for-transportation-facilities-single- file AIPG Procedural Guide Page 14 APPENDIX C: All-Inclusive Playground Grant Program Policies County of Santa Clara ALL-INCLUSIVE PLAYGROUND GRANT PROGRAM POLICIES Policy 1 The All-Inclusive Playground Grant Program will provide matching funds to assist cities, non-profits, school districts and other governmental entities located and operating in Santa Clara County in building all- inclusive playgrounds in their communities. Policy 2 After review and screening by the Parks and Recreation Department, qualifying applications will be forwarded to the Review Committee. Prospective grantees will be recommended to the Board of Supervisors by the Review Committee. Policy 3 A Grant award may fund up to fifty percent of actual project expenditures incurred, but such award shall not exceed the funding limits per District, as set out in the All-Inclusive Playground Grant Program Procedural Guide. Policy 4 Grant proposals must include a plan for long-term playground maintenance and upkeep that is funded beyond the scope of the grant. All incurred costs related to upkeep and maintenance is the responsibility of the grantee. Policy 5 The capacity of an organization to complete the grant project within the designated period is weighed in the evaluation process. Policy 6 The Review Committee will consider the staff recommendations in evaluating the grant proposals. Policy 7 All-Inclusive Playground Grant Program Project Agreements will have a three-year term. Funds are not committed until the Project Agreement is executed. Policy 8 Grant funds will be issued on a reimbursement basis only in accordance with the All-Inclusive Playground Grant Program Procedural Guide, and based upon completion of the Project Agreement funding requirements. No advanced funds will be issued. AIPG Procedural Guide Page 15 Policy 9 Applicants must submit annual progress report(s) outlining progress made towards the completion of the grant project. Policy 10 One (1) All-Inclusive Playground Grant Program project agreement extension for a term no longer than three (3) years may be granted only under special circumstances. If the project cannot be completed within the required timeframe, unused grant funds will be returned to the All- Inclusive Playground Grant Program Funds Policy 11 Annually in June, grant administration staff will report to the Board of Supervisors on the status of the program, and formally rollover any unallocated funding to the next fiscal year. AIPG Procedural Guide Page 16 APPENDIX D: APPLICATION PACKET REQUIREMENTS AND CHECKLIST 1. AIPG Application Form. See Appendix E. The Master Application Form must be completed and signed by the applicant’s authorized representative. 2. Project Proposal. See Appendix F. In conjunction with the AIPG Application Form (Appendix E), attach a written description of the project proposal. Provide a written response to each of the evaluation factors in the order in which they appear. 3. Grant Scope/Cost Estimate. See Appendix G. The Grant Scope should be detailed enough to itemize each project work item and must be consistent with the cost estimate. 4. Property Owner Approval. Attach lease, license, or agreement executed by property owner and applicant committing the use of the property for a minimum of 20 years for use as an all-inclusive playground on a continuous uninterrupted basis. 5. Funding Sources Form. See Appendix H. List the funding sources that will be used to finance the grant project. 6. CEQA. Grant projects require compliance with the California Environmental Quality Act (CEQA). Prior to any grant funds being disbursed, CEQA must be completed. If you have completed CEQA, please submit one of the documents listed below with your application. If CEQA is not completed, please describe any steps taken to comply with CEQA.  Notice of Exemption filed with, and stamped by, the county clerk, or  Initial Study with a Negative Declaration and a copy of the Notice of Determination filed with, and stamped by the county clerk, or  Initial Study and an Environmental Impact Report and a copy of the Notice of Determination filed with and stamped by the county clerk. 7. 501(c)(3) Certification. Attach copy of 501(c)(3) certification. 8. Photos of Project Site. Attach a minimum of four (4) color photographs in 4” x 6” format of the project site and site context presented in 8.5” x 11” format. No more than two photographs per page. Include descriptions of each photograph. 9. Required Regulatory Permits. Attach a list of existing and additional permits required to complete the grant project, if applicable, the status of each, and indicate when permit approval would occur. 10. Public Access Schedule. Attach a schedule of public accessibility, including hours of operation. 11. Project Use Diagram. Provide floor plan of the Project area and proposed uses of each area, specifically designated public access areas and proposed use of other areas. 12. Timeline. Attach a timeline indicating the key milestones (such as design, engineering, construction) for project completion. 13. Resolution/Certification. A Certification Letter authorizing the “Authorized Representative” to apply for grant funding must be submitted if a governing body Resolution cannot be obtained prior to the application submittal. A governing body Resolution authorizing the “Authorized Representative” to execute a grant agreement must be submitted prior to the execution of a grant agreement, if an award is made (Reference Appendix E). AIPG Procedural Guide Page 17 APPENDIX E: ALL-INCLUSIVE PLAYGROUND APPLICATION FORM County of Santa Clara ALL-INCLUSIVE PLAYGROUND GRANT PROGRAM PROJECT NAME Requested GRANT Amount $ Grantee Cash Contribution $ Other Funding Sources $ PROJECT PHYSICAL ADDRESS (including zip code) TOTAL PROJECT COST $ Nearest Cross Street GRANT APPLICANT (entity applying for the grant) GRANT APPLICANT’S Mailing Address AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION OR CERTIFICATION LETTER Name (typed or printed) and Title Email address Phone DIRECTOR/PRESIDENT/CEO Name (typed or printed) and Title Email address Phone DAY-TO-DAY CONTACT for ADMINISTRATION of the GRANT (if different from AUTHORIZED REPRESENTATIVE) _ Name (typed or printed) and Title Email address Phone + GRANT SCOPE: I/we represent and warrant that this Application Package describes the intended use of the requested grant to complete the project items listed in the attached Cost Estimate Form and if such grant is awarded I/we fully intend and shall comply with all terms and conditions of the All-Inclusive Playground Grant Application and Procedural Guide including the Grant Agreement attached as Appendix J. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this Application Package, including required attachments, is accurate. Signature AUTHORIZED REPRESENTATIVE as shown in Resolution Date Print Name Title AIPG Procedural Guide Page 18 APPENDIX F: PROJECT PROPOSAL In conjunction with the All-Inclusive Playground Grant Application Form (Appendix E), the information contained in the project proposal will serve as the project application. Please provide a written response to each of the following evaluation factors in the order in which they appear and cite any studies, reports, or other data that support the responses. The project proposal should be no more than ten pages (without attachments) printed double-sided on 8 ½” x 11” paper in 12-point Arial font. 1. Project Description  Describe the proposed project and the specific work items to be funded by the grant.  Who will be responsible for performing what activities (work items)? 2. All-Inclusive Playground Issues/Need/Public Purpose  How does the project address the need for accessible spaces for seniors, children and parents with physical or cognitive disabilities within Santa Clara County?  Describe how the design goes above and beyond minimum standards set by the Americans with Disabilities Act, to ensure that seniors, children and parents with disabilities can truly make use of the playground  Describe what elements of this project make the playground accessible not only to those with disabilities in wheelchairs, but also those with disabilities who are not in wheelchairs. These should include elements to address the needs of people with Autism Spectrum Disorder, Sensory Challenges, Visual and Auditorium Impairments, medically fragile individuals, Cognitive, Developmental and Physical Disabilities. Specifically identify which elements of your proposed design address which disability. As an example, understanding playground users with autism may get overstimulated with ramps and connected play equipment, what is included in your design to address this?  How will the project benefit the community and make a regionally significant, long- term contribution to Santa Clara County? AIPG Procedural Guide Page 19 3. Public Access  Explain how the finished project will be publicly accessible as defined in the eligibility criteria. Explain the general availability of access of this project to the public, including year-round hours of operation.  Describe how the project includes multi-lingual signage appropriate to the diverse community where the project is located, including providing information regarding playground usage, and wayfinding or directional signage, including for play areas that may be located away from the street. 4. Budget  Describe the total project cost, and how it was determined, e.g. is the project budget based on concept level estimates, detailed design level estimates, or formal engineers estimate based on construction plans and specifications.  Summarize the total project costs on the Grant Scope / Cost Estimate Form (Appendix G – page 21). Supplemental information may be provided.  If the project is part of a long-range project (multi-phased), how many phases are required to complete the project? 5. Project Readiness  Describe the funds currently available to complete the project. While not all funding must be in place to apply for the grant, a funding plan must be in place to secure all funds necessary to complete the project. If sufficient funds are not currently available to complete the project, please describe how much is committed from what source(s) and provide a detailed plan for fund raising that includes your organizations track record and internal or external expertise in fundraising. Please attach a copy of outside funding commitment letters or agreements.  Summarize the total funding sources on the Funding Sources Form (Appendix H, page 22). List the date funds were committed from an entity other than the applicant, if funding has not been formally approved, note TBD under date.  Describe what permits and entitlements are required for the project, and your progress and plan, if applicable, toward attaining them.  Provide a project timeline with detailed schedule of project activities enumerated. AIPG Procedural Guide Page 20 6. Long-Term Maintenance and Operation  Describe the plan for long-term maintenance and upkeep that is funded beyond the scope of the grant.  What funding sources or other resources will be used to maintain and operate the property in the future?  Who will be responsible for the maintenance and operation of the property and ensuring its on-going availability for public use?  Provide an example of your organizations maintenance practices and program for a comparable project. 7. Project Administration/Professional Capability/Schedule  Describe the personnel and methods to be utilized to carry out the project.  What individual or team will manage the project from the time the grant is awarded until project completion?  What experience does this individual or management team have which qualifies them to manage the project?  Is the proposed project schedule realistic and achievable?  Describe the status of needed agreements/permits towards the completion of the project. 8. Land Tenure If the grant applicant is a tenant or operator, provide the lease or agreement executed by the property owner and the tenant/operator that adequately safeguards the twenty-year use requirement and commitment. AIPG Procedural Guide Page 21 APPENDIX G: GRANT SCOPE/COST ESTIMATE FORM APPLICANT PROJECT NAME WORK TO BE PERFORMED* GRANTEE MATCH AIPG GRANT TOTAL TOTAL PROJECT AMOUNT Contingency (Optional) XXXXXXXXXX XXXXXXXXXXX *Only items which are funded by grantee cash/match or AIPG grant funds and are readily auditable ‘hard costs’ may be listed in the Grant Scope/Cost Estimate. Do not list In-Kind Contributions. The APPLICANT understands that this form establishes the expected GRANT deliverables. Signature APPLICANT’S AUTHORIZED REPRESENTATIVE Date AIPG Procedural Guide Page 22 APPENDIX H: FUNDING SOURCES FORM APPLICANT PROJECT NAME FUNDING SOURCE DATE COMMITTED (If applicable) AMOUNT AIPG Funding TBD $ $ $ $ $ $ $ $ $ TOTAL FUNDING SOURCES Must Equal Estimated Total PROJECT Cost $ CONTINGENCY $ List the amount and source of funds currently available to complete the project. While not all funding must be in place to apply for the grant, a funding plan must be in place to secure all funds necessary to complete the project. If sufficient funds are not currently available to complete the project, please list other anticipated sources of funding. List the date funds were committed from an entity other than the applicant; if funding has not been formally approved, note TBD. On a separate sheet, provide a detailed plan for fund raising that includes your organizations track record and internal or external expertise in fundraising. Signature APPLICANT’S AUTHORIZED REPRESENTATIVE Date AIPG Procedural Guide Page 23 APPENDIX I: EVALUATION FACTORS Review Committee will rank the applications according to the following evaluation factors. A score sheet will be used to assign point values for each evaluation factor. Assigned point values should be based on the following scales: Points Possible Not At All True Not Adequately Generally True Mostly True Absolutely True 5 0 1 2-3 4 5 10 15 0 0 1-3 1-5 4-6 6-8 7-9 10-13 10 15 20 0 1-6 7-12 13-19 20 PROJECT DESIGN (50 points)  How well does the project incorporate elements to address the full spectrum of access to address the need for accessible spaces for children and parents with cognitive and physical disabilities within Santa Clara County, not only to the 10% of those with disabilities in wheelchairs, but also to the 90% of those with disabilities who are not in wheelchairs? (0-40 points)  Quality, functionality and attractiveness of the design (0-10 points) LOCATION AND ACCESS OF PLAYGROUND (20 points)  Days and hours of operation throughout the year. (outside of school hours versus a park being open all the time during park hours, for example). (0-10)  How publicly accessible is the site? For example, is it in a school which restricts access? Convenient location of the playground within the facility? (0-10) MAINTENANCE PROGRAM (10 points)  How well developed is the maintenance program?  Has applicant demonstrated responsible maintenance practices in comparable projects? PROJECT READINESS/PROFESSIONAL CAPABILITY (20 points)  Progress towards attaining permits/entitlements. (0-5 points)  Feasibility of the funding plan. (0-5 points).  Is a manageable timeline proposed with a detailed schedule of project activities enumerated? Schedule should be realistic and achievable. (0-5 points)  How well does the application describe the personnel and methods that will be used to achieve the project objectives? (0-5 points) The above evaluation factors total 100 possible points. AIPG Procedural Guide Page 24 APPENDIX J: SAMPLE GRANT FUNDING AGREEMENT The Grant Agreement sample document begins on the next page. AIPG Procedural Guide Page 25 FUNDING AGREEMENT BY AND BETWEEN THE GRANTEE and THE COUNTY OF SANTA CLARA This Funding Agreement (“Agreement”) is made and entered into by and between the COUNTY of SANTA CLARA, a political subdivision of the State of California (hereinafter referred to as the “COUNTY”), and _________(hereinafter referred to as “GRANTEE”). RECITALS WHEREAS, the GRANTEE signed and submitted an all-inclusive playground application (“Application”) to the COUNTY requesting grant funding to assist with the construction and development of an all-inclusive playground, which is incorporated herein and made a part of this Agreement by this reference (Exhibit B). COUNTY materially relies upon the statements and documentation submitted by GRANTEE in said Application in its entirety and based upon this material reliance COUNTY is willing to enter into this Agreement with GRANTEE; and, WHEREAS, the all-inclusive playground (the Project) is located at _____________ (the Premises), in the city of _____, County of Santa Clara, and will be open to the general public on a continuous non-interrupted basis for no less than twenty years from the date of Project completion; and, WHEREAS, GRANTEE represents and warrants to COUNTY that GRANTEE, by itself and through its contractors and consultants, has experience, expertise, financial capability and ability to complete the Project contemplated herein and to fully perform all obligations and responsibilities under this Agreement to completion; and, WHEREAS, the Board of Supervisors, wishes to assist the GRANTEE in completing the Project which serves as an all-inclusive playground on a continuous uninterrupted basis for at least 20 years (collectively, the “Public Purpose”); and, WHEREAS, the Board of Supervisors has approved the award of Grant Funds (as defined herein below) to GRANTEE provided GRANTEE complies with all terms and conditions of this Agreement and has found that the Project will serve a public purpose of general COUNTY interest as an all-inclusive playground; and, WHEREAS, the award of the Grant Funds is contingent upon GRANTEE complying with all terms and conditions of this Agreement, which includes GRANTEE satisfying all of the Grant Scope/Cost Estimate Form representations contained in Appendix G of GRANTEE’s Application, which is included within Exhibit B herein below. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficient of which are hereby acknowledge, COUNTY and GRANTEE agree to the foregoing and as follows: 1. All Recitals contained herein above are incorporated into and made a part of this Agreement as terms and conditions. 2. The GRANTEE may utilize the Grant Funds specified in SECTION 4 of this Agreement to complete the Project within three years from the Effective Date of this Agreement and shall AIPG Procedural Guide Page 26 return any unspent funds at the end of this three-year period. 3. The GRANTEE shall acknowledge the COUNTY’s contribution to the Project by placing a plaque in public view within (project place) identifying the County of Santa Clara as a sponsor of the Project; The plaque shall first be reviewed and approved by COUNTY before it is installed; and, 4. The GRANTEE warrants and represents that it shall expend all Grant Funds in accordance with the terms of this AGREEMENT and the All-Inclusive Playground Grant Program Procedural Guide (the “Guide”) (Exhibit A) attached and incorporated herein by this reference. SECTION 1. PUBLIC PURPOSES GRANTEE represents and warrants that it will use best efforts to secure all the requisite rights and entitlements from public agencies, local government and the property owner (if any) to construct the Project. GRANTEE further represents and warrants that it will ensure that at all times the subject Project is open and available to the public on an equal basis, and accessible by all members of the public, as an all-inclusive playground free of charge. SECTION 2. GRANTEE RESPONSIBILITIES COUNTY funding is subject to the following conditions: (1) Responsibility of the GRANTEE. The GRANTEE will ensure that the Project is completed and operated in compliance with all requirements of the All-Inclusive Playground Grant Program Procedural Guide, and fully constructed and operational within three-years from the date of execution of this Agreement, and GRANTEE shall act promptly and without delay with respect to such matters in relation to the Project in accordance with the following: a. Comply with all laws and Guide requirements, including but not limited to all environmental, health and safety laws and all provisions of the public contracts code, where applicable. b. Comply with best industry practices and manufacturer design and construction specifications for the Project. c. Prepare plans and specifications for the Project and construction of the Project using qualified persons with the requisite skills and expertise to complete the Project. d. Prepare all environmental documents required for completion of the Project pursuant to the California Environmental Quality Act, National Environmental Policy Act, and any rules and/or regulations promulgated thereunder, where applicable. No funds will be dispersed until these environmental requirements have been fully met. e. Secure all approvals, permits, and certifications by government agencies required for completion of the Project, where applicable. f. Secure performance and payment bonds in 100% of the amount of the construction contract to assure satisfactory completion of the Project, and the payment of laborers and suppliers AIPG Procedural Guide Page 27 of material. g. Each year, during construction of the Project, GRANTEE shall cause a report to be made to the County Board of Supervisors showing progress made towards completion of the Project. (2) Capital Contributions by Parties to AGREEMENT a. GRANTEE shall ensure that any funds in excess of the Grant Funds needed to complete the Project are secured by GRANTEE and not by COUNTY. b. No Grant Funds may be used for office space, salary, or administrative expenses incidental to the Project, or for professional planning or architectural design fees, or pre- construction services. (3) Budget Contingency. Performance and/or payment by the COUNTY pursuant to this Agreement is contingent upon the appropriation of sufficient funds by the COUNTY for the work covered by this Agreement. If funding is reduced or deleted by the COUNTY for the work covered by this Agreement, the COUNTY may, at its option and without penalty or liability, terminate this Agreement or offer an amendment to this Agreement indicating the reduced amount. SECTION 3. OPERATION AND MAINTENANCE Upon completion of PROJECT construction, the GRANTEE warrants, represents and agrees that it, or its authorized representatives, will operate, manage, and maintain the PROJECT for a period of at least 20 consecutive years from the effective date of this AGREEMENT, for Public purposes, open to the public and for the benefit of the general public. Ongoing operation, management, and maintenance is solely the responsibility of the GRANTEE acting by itself or through its authorized representatives. SECTION 4. COMPENSATION (1) The COUNTY will provide the GRANTEE ___________($__.00) (“Grant Funds”) only in accordance with the reimbursement provisions of the All-Inclusive Playground Grant Program Procedural Guide. GRANTEE shall thoroughly review and develop an understanding of the obligations set out in the All-Inclusive Playground Grant Program Procedural Guide, including but not limited to the “Reimbursements” and “Final Reimbursement” sections. (2) Any Grant Funds not expended pursuant to the terms and conditions of this Agreement shall be returned to the COUNTY immediately. In addition, if, for whatever reason, the GRANTEE is unable to ensure the completion of the construction of the Project or is unable to ensure that the all- inclusive playground is operated, managed, and maintained for twenty (20) consecutive years from the date of Project completion (which date must be no later than 3 years from the effective date of this Agreement), then GRANTEE shall immediately refund to the COUNTY all the Grant Funds, even if such funds have already been expended for the Project. SECTION 5. RECORDS RETENTION AND AUDIT (1) GRANTEE will maintain Project records for audit purposes for three (3) years after completion of the PROJECT or until all claims are settled, whichever occurs last. All records and data shall be available to COUNTY upon reasonable notice within five (5) working days of a request by AIPG Procedural Guide Page 28 COUNTY. GRANTEE shall repay COUNTY with interest at the rate earned on COUNTY’s investments for any unauthorized activities disclosed by audit or inspection, including the cost of the audit, within thirty (30) days of demand by COUNTY. (2) Audits may be conducted at the discretion of the Santa Clara County Parks and Recreation Department. The audits may take two forms; a walk through inspection of the Project and informal review of the Project records by Parks and Recreation Department staff, and/or a formal financial audit conducted by either COUNTY staff or a consultant. GRANTEE should be prepared for either or both types of audits. A walk through inspection may occur at the beginning of a Project, prior to approval of the final reimbursement request, or at periodic intervals throughout the Project. A formal financial audit may occur as deemed necessary by the Santa Clara County Parks and Recreation Department. SECTION 6. INDEMNIFICATION. GRANTEE covenants, warrants, represents and agrees that it shall indemnify, defend, save and hold harmless the COUNTY and all of its employees, officers, directors, attorneys, agents, contractors, successors and assigns in accordance with the indemnification provisions of Exhibit C_, which is incorporated herein and made a part of this agreement by this reference. SECTION 7. TERM OF AGREEMENT This Agreement is effective as of the date of its full execution and shall terminate twenty years from the date of Project completion, unless otherwise terminated earlier pursuant to the terms of this Agreement. SECTION 8. NOTICES Any notices provided herein shall be deemed received when mailed or delivered to the respective parties addressed as follows: COUNTY OF SANTA CLARA GRANTEE Don Rocha, Interim Director Parks and Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032 Phone. (408) 355-2220 NAME, TITLE DEPARTMENT ADDRESS CITY, STATE, ZIP Phone. SECTION 9. MISCELLANEOUS (1) Entire Agreement. This document represents the entire agreement between the parties in relation to the subject matter contained herein. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of the agreement are merged into this Agreement. (2) Amendments. This Agreement may only be amended by a written instrument signed by authorized representatives of both parties. (3) Conflict of Interest. GRANTEE shall comply, and require its contractors, employees, agents, representatives, subcontractors and consultants to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of AIPG Procedural Guide Page 29 interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this Agreement and is grounds for immediate termination of this Agreement by the COUNTY. a. In accepting this Agreement, GRANTEE covenants, warrants, represents, and agrees that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Agreement. GRANTEE further covenants that, in the performance of this Agreement, it will not employ any contractor, consultant or person having such an interest. GRANTEE, including but not limited to GRANTEE’s employees, contractors, subcontractors and consultants, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests. b. If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this Agreement, GRANTEE shall ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other applicable laws and regulations including, as required, filing of Statements of Economic Interests within 30 days of commencing any work pursuant to this Agreement, annually by April 1, and within 30 days of their termination or cessation of work pursuant to this Agreement. (4) Governing Law, Venue. This Agreement, and all the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, construed, and enforced in accordance with the law of the State of California (excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding relating to this Agreement, including arbitration proceedings, shall be brought only in Santa Clara County, California. EACH OF THE PARTIES CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS, STATE AND FEDERAL, LOCATED IN SANTA CLARA COUNTY, CALIFORNIA. (5) Assignment. No assignment of this Agreement or of any of the rights or obligations hereunder shall be valid without the prior written consent of COUNTY. (6) Waiver. No delay or omission by either party hereto to exercise any right occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained. (7) Non-Discrimination. GRANTEE represents, warrants and agrees that it and its contractors, consultants and representatives shall comply with all applicable Federal, State, and local laws and regulations including Santa Clara County’s policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and 1102. GRANTEE represents, AIPG Procedural Guide Page 30 warrants and agrees that it shall not discriminate against any contractor, subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. GRANTEE also represents, warrants, and agrees that it shall not discriminate in provision of work performed in relation to this Agreement because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status. (8) COUNTY No-Smoking Policy. GRANTEE and its employees, agents, contractors, subcontractors and consultants, shall comply with the COUNTY’s No-Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking: (1) at the Santa Clara Valley Medical Center Campus and all COUNTY-owned and operated health facilities, (2) within 30 feet surrounding COUNTY-owned buildings and leased buildings where the COUNTY is the sole occupant, and (3) in all COUNTY vehicles. (9) Food and Beverage Standards. Except in the event of an emergency or medical necessity, COUNTY’s nutritional standards shall apply to any foods and/or beverages purchased by GRANTEE with Grant Funds for COUNTY-sponsored meetings or events. (10) California Public Records Act. All documents and records provided to or made available to COUNTY under this Agreement become the property of the COUNTY, which is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If GRANTEE proprietary information is contained in documents submitted to COUNTY, and CITY claims that such information falls within one or more CPRA exemptions, GRANTEE must clearly mark such information “CONFIDENTIAL AND PROPRIETARY,” and identify the specific lines containing the information. In the event of a request for such information, the COUNTY will make reasonable efforts to provide notice to GRANTEE prior to such disclosure. If GRANTEE contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required at its own cost, liability, and expense to obtain a protective order, injunctive relief, or other appropriate remedy from a court of law in Santa Clara County before the COUNTY responds to the CPRA request. If GRANTEE fails to obtain such a remedy before the COUNTY responds to the CPRA request, COUNTY may disclose the requested information and shall not be liable or responsible for such disclosure. a. GRANTEE further warrants, represents and agrees that it shall defend, indemnify, and hold COUNTY harmless against any and all claims, actions or litigation (including but not limited to all judgments, costs, fees, and attorney’s fees) that may result from denial by COUNTY of a CPRA request for any information arising from any representation, or any action (or inaction), by the GRANTEE, its contractors, consultants, employees, agents, or representatives. (11) No Third Party Beneficiaries. This Agreement does not, and is not intended to, confer any rights or remedies upon any person or entity other than the parties signing this Agreement. Subcontractors, sponsors and affiliates shall have no right or claim attaching to this Agreement or to the Grant Funds and are not third party beneficiaries of or to this Agreement. (12) Relationship of the Parties. The Parties acknowledge and agree that nothing set forth in this Agreement shall be deemed or construed to render the parties as joint venturers, partners, agents, a joint enterprise, employer-employee, or lender-borrower. GRANTEE shall have no authority to AIPG Procedural Guide Page 31 employ any person as employee or agent on behalf of COUNTY for any purpose. Neither GRANTEE nor any person using or involved in or participating in the Project or in the use of the Grant Funds shall be deemed a third party beneficiary to this Agreement nor an employee or agent of COUNTY, nor shall any such person represent himself or herself to others as a third party beneficiary to this Agreement or as an employee or agent of COUNTY. (13) No Indemnification and Insurance by COUNTY. Nothing contained in this Agreement is to be construed as an indemnification by COUNTY for any loss, damage, injury or death arising out of or caused, in whole or in part, by the COUNTY or its Board of Supervisors, officers, executives, attorneys, employees, agents, representatives, contractors or subcontractors. Nothing contained herein shall be construed to, and nothing shall, obligate the COUNTY to provide any insurance, indemnity or protection for or on behalf of any third party, the Project or the property owner. (14) Subcontractors. If any obligation is performed for or on behalf of GRANTEE through a consultant, contractor or subcontractor, GRANTEE will remain fully responsible for the performance of all obligations under this Agreement and GRANTEE will be solely responsible for all payments due to its contractors, consultants, or subcontractors. No contract, subcontract or other agreement entered into by GRANTEE with any third party in connection with this Agreement, or for or in relation to the use of the Grant Funds,will provide for any indemnity, guarantee or assumption of liability by, or other obligation of, COUNTY with respect to such arrangement. No contractor, consultant or subcontractor will be deemed a third party beneficiary for any purposes under or to this Agreement. (15) Nonexclusive Agreement. GRANTEE agrees that this Agreement is non-exclusive and COUNTY may at any time, in its sole discretion, enter into agreements with other parties for any purpose deemed to be in the best interest of the COUNTY. (16) Paragraph Headings. The headings and captions of the various paragraphs and subparagraphs hereof are for convenience only, and they shall not limit, expand or otherwise affect the construction or interpretation of this Agreement. (17) Cumulative Remedies. The rights and remedies of the parties to this Agreement, whether pursuant to this Agreement or in accordance with law, shall be construed as cumulative, and the exercise of any single right or remedy shall constitute neither a bar to the exercise of nor the waiver of any other available right or remedy. (18) Counterparts. This Agreement may be executed in several counterparts, and all of such counterparts so executed together shall be deemed to constitute one and the same agreement, and each such counterpart shall be deemed to be an original. Facsimile or electronic signatures shall have the same legal effect as original or manual signatures if followed by mailing of a fully executed original to both parties. (19) Construction/Severability. This Agreement shall not be construed more strongly against either party regardless of who is more responsible for its preparation. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable. (20) Authority. Each party represents and warrants that it has executed this Agreement freely, fully intending to be bound by the terms and provisions contained in this Agreement and that the persons signing below are authorized to sign on each party’s behalf. AIPG Procedural Guide Page 32 (21) Office of Foreign Assets Control Compliance. GRANTEE represents to COUNTY that: (a) GRANTEE and each of the GRANTEE Representatives are not acting, and shall not act, directly or indirectly, for or on behalf of any person, group, entity, or nation named by any Executive Order or the United States Treasury Department as a terrorist, “Specially Designated National and Blocked Person,” or other banned or blocked person, entity, nation, or transaction pursuant to any law, order, rule or regulation enforced or administered by the federal Office of Foreign Assets Control; and (b) GRANTEE, and the GRANTEE Representatives, are not engaged in this transaction, directly or indirectly, on behalf of, or instigating or facilitating this transaction, directly or indirectly, on behalf of any such person, group, entity, or nation. (22) COUNTY Regulatory Authority. GRANTEE acknowledges and agrees that COUNTY, acting not as landlord but in its governmental regulatory capacity, has certain governmental regulatory authority over the Premises and that nothing in this Agreement binds the COUNTY to exercise or refrain from exercising this discretionary governmental authority in any particular manner. (23) Bribery Clause. GRANTEE certifies, represents and warrants that GRANTEE and the GRANTEE Representatives have not been convicted of bribery or attempting to bribe an officer or employee of the COUNTY or any other municipality or state entity nor has GRANTEE or any of the GRANTEE Representatives made an admission of guilt of such conduct which is a matter of record. (24) Wage Theft Prevention. a. Compliance with Wage and Hour Laws. GRANTEE, and any the GRANTEE Representatives it employs or contracts with to complete work under this Agreement, must comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or Living Wage Ordinance. b. Final Judgments, Decisions, and Orders. For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted. Relevant investigatory government agencies include: the federal Department of Labor, the California Division of Labor Standards Enforcement, a local enforcement agency, or any other government entity tasked with the investigation and enforcement of wage and hour laws. c. Prior Judgments against GRANTEE. BY SIGNING THIS AGREEMENT, GRANTEE AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS, OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY FINDING—IN THE FIVE YEARS PRIOR TO EXECUTING THIS AGREEMENT—THAT GRANTEE HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. GRANTEE FURTHER AFFIRMS THAT IT HAS SATISFIED AND COMPLIED WITH—OR HAS REACHED AGREEMENT WITH THE COUNTY REGARDING THE MANNER IN WHICH IT WILL SATISFY—ANY SUCH JUDGMENTS, DECISIONS, OR ORDERS. d. Judgments During Term of Contract. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision, or order finding that GRANTEE or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or GRANTEE learns of such a judgment, decision, or order that was not previously disclosed, GRANTEE must inform the Office of the County Executive-Office of Countywide Contracting Management (OCCM), no more than 15 days after the judgment, decision, or order becomes final or of learning of the final judgment, decision, or order. GRANTEE and its subcontractors AIPG Procedural Guide Page 33 shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the Office of the County Executive-OCCM with documentary evidence of compliance with the final judgment, decision, or order within 5 days of satisfying the final judgment, decision, or order. The COUNTY reserves the right to require GRANTEE to enter into an agreement with the COUNTY regarding the manner in which any such final judgment, decision, or order will be satisfied. e. COUNTY’s Right to Withhold Payment. Where GRANTEE has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court or government agency, the COUNTY reserves the right to withhold payment to GRANTEE until such judgment, decision, or order has been satisfied in full. f. Material Breach. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for termination of this Agreement and/or any other remedies available under this Agreement and/or law. g. Notice to COUNTY Related to Wage Theft Prevention. Notice provided to the Office of the County Executive as required under this Section shall be addressed to: Office of the County Executive—OCCM; 70 West Hedding Street; East Wing, 11th Floor; San José, CA 95110. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section. (25) Prevailing Wage. GRANTEE acknowledges and agrees that work performed under this Agreement may be considered a public work within the meaning of California Labor Code Section 1720 and that the requirements of Section 1771, et. seq. apply to such public work. GRANTEE has included (and will include) consideration for this obligation in calculating compensation under this Agreement, if such prevailing wage requirements are applicable. GRANTEE is solely responsible and liable for ensuring compliance with all applicable prevailing wage laws. COUNTY may at any time, without obligation to do so, audit GRANTEE to verify whether GRANTEE is in compliance with prevailing wage laws. GRANTEE shall cooperator with all such audits, including making available and providing copies, during the period 9:00am to 5:00pm, Monday through Friday, any and all records requested by COUNTY to verify compliance promptly upon request, but not later than seventy-two hours after such request. (26) Insurance. GRANTEE shall provide insurance and comply with all insurance and other terms and conditions set out in the attached Exhibit C. (27) Exhibits. The following exhibits are attached to this Agreement and are incorporated herein by this reference. Exhibit A -- All-Inclusive Playground Grant Program Procedural Guide Exhibit B -- Grant Application Exhibit C – Insurance Requirements and Proof of Insurance (28) Survival. All terms and conditions that by their nature should survive termination or expiration of this Agreement, shall so survive including but not limited to Sections 1, 2, 5, 6, 8, and 9 inclusive. // //////SIGNATURES FOLLOW ON NEXT PAGE//// AIPG Procedural Guide Page 34 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as provided below, effective as of the last date signed by all the Parties (“Effective Date”). GRANTEE: __________________________ Authorized Signer, Title Grantee Dated: _________________________ Approved as to form: __________________________ Name: Title: ////SIGNATURES FOLLOW ON NEXT PAGE//// AIPG Procedural Guide Page 35 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as provided below, effective as of the last date signed by all the Parties (“Effective Date”). COUNTY OF SANTA CLARA: ____________________________________ S. Joseph Simitian, President, Board of Supervisors Date:________________________ ATTEST: ________________________________ Megan Doyle, Clerk of the Board of Supervisors Date: _______________________ Approved as to form and legality: __________________________________ Shirley R. Edwards, Deputy County Counsel AIPG Procedural Guide Page 36 EXHIBIT C INSURANCE REQUIREMENTS FOR GRANT AGREEMENT Indemnity The Grantee shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Grantee and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Grantee shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Grantee contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest. Insurance Without limiting the Grantee's indemnification of the County, the Grantee shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Grantee shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Grantee upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Grantee shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Grantee. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. AIPG Procedural Guide Page 37 C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $1,000,000 c. Products/Completed Operations aggregate - $1,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: “County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.” Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the AIPG Procedural Guide Page 38 additional insured endorsement as applicable and the Grantee shall be notified by the contracting department of these requirements. 4. Fidelity Bond Before receiving any reimbursement under this Agreement, Grantee will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Grantee will notify County immediately, and County may withhold further payment to Grantee until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. E. Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Grantee and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Grantee pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Grantee. However, this shall not in any way limit liabilities assumed by the Grantee under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Grantees obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self- insurance retentions. 3. Should any of the work under this Agreement be sublet, the Grantee shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Grantee may insure subcontractors under its own policies. Exhibit B Grant Application Jollyman Park All-Inclusive Playground City of Cupertino application to County of Santa Clara for All-Inclusive Playground Grant Program Program Two 2018 Grant Cycle October 10, 2018 Table of Contents Sections Page Application Packet Requirements & Checklist................................................................... 1 1. Application Form ................................................................................................................ 2 2. Project Proposal .................................................................................................................. 4 A. Introduction & Project Description..........................................................................5 B. All-Inclusive Playground Issues/Need/Public Purpose ......................................... 6 C. Public Access ....................................................................................................... 12 D. Budget .................................................................................................................. 12 E. Project Readiness ................................................................................................. 13 F. Long-term Maintenance & Operation .................................................................. 13 G. Project Administration/Professional/Capability/Schedule ................................... 13 H. Land Tenure ......................................................................................................... 14 3. Grant Scope/Cost Estimate Form ..................................................................................... 15 4. Property Owner Approval ................................................................................................ 17 5. Funding Sources Form ..................................................................................................... 34 6. CEQA ............................................................................................................................... 36 7. 501 (c) (3) Certification ................................................................................................... 37 8. Photos of Project Site ........................................................................................................ 38 9. Regulatory Permits............................................................................................................ 46 10. Public Access Schedule .................................................................................................... 47 11. Project Use Diagram - Conceptual Plan ........................................................................... 48 12. Timeline ............................................................................................................................ 50 13. Resolution ......................................................................................................................... 51 14. Attachments A. Detailed Play Experiences ................................................................................... 54 B. Project Setting ...................................................................................................... 66  Cupertino Vicinity Aerial View .................................................................. 67  Project Location Map .................................................................................. 68  Project Site Aerial View, labelled ................................................................ 69 C. Sample Playground Equipment Photos ................................................................. 70 D. Regional Map, Nearby All-Inclusive Playgrounds .............................................. 77 E. Maintenance Plan ................................................................................................. 79 F. Funding & Fundraising ........................................................................................ 82 G. Letter to County from Cupertino Mayor .............................................................. 94 i SECTION 1 APPLICATION FORM Jollyman Park All-Inclusive Playground City of Cupertino SECTION 2 PROJECT PROPOSAL Jollyman Park All-Inclusive Playground City of Cupertino PROJECT PROPOSAL • JOLLYMAN PARK ALL-INCLUSIVE PLAYGROUND A. Introduction & Project Description The City of Cupertino is requesting AIPG matching funds to create an All-Inclusive playground at Jollyman Park. Cupertino is currently preparing its first ever Citywide Parks and Recreation Master Plan (“Master Plan”) and has gathered extensive community input. A key conclusion is our residents’ desire for truly all-inclusive recreation. The Master Plan’s specially created mission statement states that the City will “engage our diverse residents in healthy, inclusive events and activities.” One of its 7 overarching goals is to “support broad and inclusive recreation interests”, with an explicit objective to “provide a universally-accessible, all-inclusive destination play area in an easily accessible location.” Supporting actions include to “encourage play for all age groups” and to consider users of “all ages, backgrounds, needs and abilities” in recreation programming. Another of the 7 overarching goals is “equitable access”, with an associated action to provide universal access “for all people, regardless of ability.” It cites an objective to make our parks “more user friendly and accessible to populations with special needs.”Creating a truly all-inclusive playground is individually addressed as a key community priority that arose from feedback provided by thousands of our residents via recent Master Plan surveys. Last year Cupertino’s City Council showed its support by approving funding for a Feasibility Study for an all-inclusive playground. The study’s purpose was to evaluate feasible locations for such a playground in the city; identify the best site or sites; and to develop a conceptual plan a playground at the best site. We just completed this work. Jollyman Park was selected as the unanimous top-choice location by the Parks & Recre- ation Commission in June 2018. Conceptual plans were developed for an all-inclusive play area at Jollyman to replace either of its existing playground areas, and were endorsed by the Commission in August. Associated public feedback was all positive. Cupertino now proposes to build a top-quality All Inclusive Playground at Jollyman Park (“Jollyman Playground”). Jollyman Park is one of the city’s largest parks, and is known as an inviting space with acres of green lawn, a looped pathway system and beautiful large trees imparting a serene quality. Our playground will provide about ¾ acre in core play area plus a landscaped buffer area at its edges . The playground will be conveniently located along the Stelling Road frontage of the park, immediately adjacent to an existing generous parking area. See sections B and C below, Section 12 (conceptual layout), and Attachments B and C for more detailed information. Grant funds will be used as a reimbursement for construction phase costs; City funds and local donations will cover design expenses and non-construction “soft” costs. The playground will be owned and managed by the City of Cupertino. It will be open for public use daily. It will provide distinct play zones specially designed to invite shared enjoyment by all persons of all ages, regardless of ability or disability. Cupertino strongly supported the County’s creation of the All-Inclusive Playground Grant program, and strongly desires to provide such a playground in Cupertino. See Attachment G for our Mayor’s letter of support to the County Board of Supervisors and County staff. B. All-Inclusive Playground Issues / Need / Public Purpose The Need: It is estimated that 20% of the US population has a disability. Roughly 1 in 3 families has one or more family members with special needs. There are individuals and families in Cupertino, as in every community, that have one or more members that are physically, emotionally, mentally or developmentally disabled. Some members of the community may be may be the parents or siblings of an autistic child, others may use a wheelchair or walker, while others may be parents or adults that have been diagnosed with Alzheimer’s. This reality creates a need for areas of passive and active play with features that can be shared by everyone, side by side; a need for places where those with challenges can freely associate and interact with family members and friends. Traditional city playgrounds, whether ADA-compliant or not, have failed to address the diverse needs of these families. Many of Cupertino’s families and individuals need a local, safe and fun place where they can enjoy social interactive activities with others-- not just a typical playground with a few ADA-compliant play features, but an all-inclusive playground where everyone can play and grow together, regardless of their age or abilities. We know that a high number of youth in our area struggle with disabilities. In Cupertino Union School District, the local school district for elementary and middle schools, there are 1,317 total special education students on Individual Education Program (IEP) plans among roughly 17,300 students. That figure does not include any of the “504 Plan” students that also have special needs. Fremont Union High School District (FUHSD) serves Cupertino and areas immediately adjacent with 10,901 enrolled students this year. FUHSD serves 1,052 youth with IEP plans plus an additional 343 students on 504 plans. Conventional play sites fail to serve many or most of these young people. The Solution: The original Magical Bridge Playground in Palo Alto and the Rotary Play- Garden in San Jose were designed by and for the local and surrounding communities. The involved the key help of experienced consultants who understood the needs noted above, and who had the expertise to make a difference by creating playgrounds that are innovative, unique, and for people of all abilities, sensitivities, sizes and ages. The existing all-inclusive playgrounds in the Bay area continue to be remarkably successful in meeting the needs of their users. They draw many visitors from nearby areas as well as outlying and even distant communities. This is a testimony to the dramatic need for more all-inclusive playgrounds in cities such as Cupertino-- a city that has a passion to provide places and spaces for all of its residents to play and grow together. Cupertino has had the vision of building an all-inclusive playground for a number of years. The City has just completed an extensive Feasibility Study, as noted above, to determine the most appropriate park site location for this special playground. We are excited to be one of the next municipalities to provide an all-inclusive play area at Jollyman Park. The new playground will replace an existing aging playground and a basketball hoop that will be relocated elsewhere on the site. The remainder of this section B was provided by the City’s consultant Verde Design, a firm with strong expertise in design of all-inclusive play areas. TABLE 1 – KEY DIFFERENCES between Conventional & All-Inclusive Playgrounds Conventional Playgrounds All-inclusive Playgrounds Very limited set of play experiences Multiple experiences for each key type of especially for those who are autistic, medically fragile, have cognitive disabilities, visual impairments, sensory processing issues, physical disabilities, or other challenges. play including swinging, swaying, spinning, sliding, climbing, jumping, music and imaginative play. All experiences are accessible to users with wheelchairs and mobility aids. Rarely support collaborative play between individuals of different ages, sizes, or abilities necessary to develop feelings of connectedness and empathy. Collaborative play across ages, sizes, and abilities. Equipment and layout encourages simultaneous use by those who may span a wide range of sizes and abilities. Layouts often make it difficult for individuals, especially those with autism or other sensory disorders, to disengage when they start feeling overwhelmed or unsafe. "Safe" spaces” in the design foster a sense of psychological safety by organizing into zones that deliver predictable play experiences (e.g. spinning zone) and created “safe” spaces/features that welcome individuals to explore, engage, observe and withdraw as suits them. Generic play structures and materials that do not inspire play, imagination or desirable tactile sensations in even our youngest and typically developing kids. Creative, artfully designed spaces with colors, textures, & materials that inspire imagination & encourage touch & exploration. All-inclusive Design: When designing all-inclusive playgrounds for every ability, age, cognitive and developmental level, the overall design is very important. The experience starts with a fun entry of shapes, colors and sounds that are created by the use of walls, overhead structures, art, interesting plant material and the feelin g of an open invitation that communicates “Welcome, come in, and have FUN.” The playground is protected with perimeter fencing that blends into the landscape. The entrances have self -closing and locking gates for safety and security. There are wide paved pathways to enable easy and flowing circulation that link from the entry to the playhouse, play zones, and to each use area, with smooth transitions onto synthetic turf and resilient surfacing with solid colors that designate each play zone. Colored and textured bands of paving at each play zone entry let the visually impaired user know that they are leaving the path and entering an activity area. There are shade structures and large trees for shade throughout the site. They are specifically located over play equipment, picnic areas, benches, and overlooks providing comfortable spaces for parents or caregivers who want to let their child explore on their own, while remaining observed. Research on human physiology and physical development has identified several desi gn aspects of play and sensory experiences that are critical to promoting the development and maintenance of physical and cognitive functions. These include “every mind and everybody” (everybody gets to play on everything with everybody), “safe but not lim iting” (safely exploring and experiencing new and fun activities), “sensory stimulation” (colors, sounds, textures, movement and versatile activities), “accessibility” (every body and mind needs access to activities that will help essential physical and co gnitive development), “diversity of play” (multiple passive and active play experience opportunities that encourage development and social skills). There are seven activity types that are recognized as essential to achieving these types of experiences. They are: balancing, upper body use, climbing, jumping, swinging and swaying, sliding, spinning and free play. Touch, sound and imaginative play are also important parts of what is included in successful all-inclusive playground design. Together they welcome a wide range of abilities and create a variety of play experiences that are grouped together into different "Play Zones." All of the Jollyman Playground elements and play features (beyond the Tot Zone) are selected to accommodate children to adults so that seniors, disabled adults, parents or guardians, including those in wheelchairs or with other limitations, can play alongside their children and others. The playground and play zone layouts also include quiet areas and quiet cocoon ‘hideaways’ for those who want, or need, to retreat due to overstimulation. The open layout and circulation of group areas and play zones allows everybody to choose their own paths of play and have full control over when and where they gather, play, rest or observe. Further information about the values delivered to those of varying ability is provided in Attachment A, Detailed Play Experiences. Following is a description of the proposed zones and features for the Jollyman Playground. Play Zones: Play Zones are areas designated for specific types of activities and play. These zones are separated by planter walls, seating walls and lower fencing to provide easy circulation and recognition of the differing play types. Each play zone entrance has a wayfinding plinth (or similar feature) with information that includes the zone name, color zone feature images, braille text, and other items that help with predictability and clear understanding of each play zone and its particular opportunities for fun cooperative play experiences. The layout of each play zone is unique with shapes, colors and equipment selected to create a variety of experiences while providing a physically and emotionally safe environment. Tot Zone - Small children, under the ages of 4 to 5, need safe and secure elements for their small size and early stage of development. The Tot Zone provides a designated, fenced, safe space for these children and their caregivers to experience smaller versions of swaying, sliding, climbing and other critical modes of play. As with the rest of the playground, the Tot Zone is fully accessible to those with a variety of needs and is expected to include: Kinder Bells, “Climbing Giraffe” (or other theme climber), tot-sized Double Slide Mound, ‘We Saw’ or seesaw, and Quiet Cocoon. Swing and Sway Zone - Spinning and swaying provide a different type of vestibular stimulation which is critical to maintaining body posture and equilibrium. This is especially beneficial and soothing for people with disabilities (both cognitive and physical) and various autism spectrum disorders. Swinging restores balance to the vestibular system and provides proprioceptive input (deep pressure), which soothes, relaxes and increases concentration. In addition, the elderly population regressing with Alzheimer's finds comfort in rhythmic swinging or swaying.  Sway Glider – spaces for 2 wheelchairs along with seating for others; supports a swaying, seesaw-like experience in a manner safe for all.  Face-to-face ‘Expression Swing’ – uses an adaptive swing seat facing a conven- tional seat, allowing 2 users to interact together and experience one other's facial expressions while at play, encouraging attunement (emotional bonding).  Disk Swing - allows swinging for those who cannot sit upright; supports multiple, simultaneous users; proposed to be a ‘Biggo’ swing or similar style. Spinning Zone - Offers rotary vestibular input resulting from spinning – a very powerful form of sensory input. Our proposed design offers wonderful spinners, selected and sized for visitors of all abilities. In addition to a Quiet Cocoon, this zone will include:  Net Spinner - ground entry provides all users access; tall cone-shaped net for climbing allows a variety of levels of excitement; supports multiple different users simultaneously; netting provides security and stability for visually impaired; proposed to be Apollo spinner or similar.  Dish Spinner - height supports transfer from wheelchairs; users lie on the front or back and can experience spinning without sitting or holding themselves up.  Nest Spinner - calm, secure spinning appeals to sensory-challenged users.  Integration Carousel - allows users in wheelchairs to experience spinning (allows up to 2 wheelchairs at a time along with additional seating for other users). Slide and Climbing Zone - Sliding and climbing contributes to our sense of balance and spatial development. Vestibular input coordinates movement of our eyes, head and body, which affects our body's balance, muscle tone, visual-spatial perception, auditory- language perception and emotional security. The raised slide area provides accessibility via a sloped walk that assures everyone can get to the top. This raised walkway offers projecting overlooks, where participants can stop and enjoy a commanding view of the entire playground and the surrounding park. The fully-accessible route is also planned to include a fixed bridge and a swaying bridge.  Roller Slide - offers a fun, sensory sliding experience.  Double Parallel Slide - encourages sliding together with a friend or caretaker. This is especially important for the visually impaired who may desire guidance , or those who need a caretaker or companion present.  Third Slide - TBD; may be a Single Winder Slide, Curvy Slide, Tunnel Slide, or other slide type depending on community input and final design.  Turf Sliding - provides for a variety of creative and imaginative ways to slide and provides a safe alternative for limited mobility.  Climbing Loops or hand grips - secure handholds allow continuous contact with the ground for those with limited strength, balance, or visual impairments who wish to climb to the top of slope.  Cargo Net Climber - tall climbing net that provides access up and down the turf sliding zone; allows a varied levels of excitement and challenge; supports multiple users simultaneously; netting provides security and stability for visually impaired. The slides will include "dignity landings" (a patented feature) which are a transition seat that provides extra space at the bottom of each slide, allowing those with mobility issues to wait for assistance without disrupting the play of others as they ride the slide. Sound and Sensory Zone - The Sound and Sensory Zone provides unique and interactive play experiences with instrumental features that when played, create sounds and music. Scientists and therapists have found that music stimulates more parts of the brain than any other human function. For those who have difficulty communicating verbally, music provides a way to express themselves in a non-verbal and non- threatening manner. This zone motivates interaction, facilitates socialization and improves social skills.  Instruments - Chimes, Tuned Drums, and Xylophone are proposed.  Laser Harp - tones designed to be soothing for those with sensory issues; responds to all types of movement; supports multiple simultaneous users and creative play (optional item based upon donation level).  Quiet Cocoon - see below. Playhouse, Stage and Bridges - Imaginative play allows children and families to experience the full range of their senses and feelings. This area provides a fully inclusive, fun playhouse with lower and upper accessible entrances and views of the site from above, a separate stage, and moveable seating for ‘audiences’, caregivers and friends. It is a hub for interaction that brings the community together for music, drama, gatherings, and pretend play.  Playhouse- The entire playhouse, including the upper story, is fully accessible via sloped walks and bridges. Full of colorful details, the playhouse stimulates imaginative play and is a joyous meeting place for everyone in the community.  Play Stage - space for imaginative interactions between families and friends.  Sloped walkway and bridges - allows wheelchair access so all users can experi- ence elevated play; fixed & swaying bridges and projecting overlooks add drama. Quiet Retreats - Quiet Cocoons and individual-sized retreat features such as ‘cozy domes’ offer a defined place for children and adults to find refuge when overstimulated. They allow users to withdraw, observe, and re-engage in active play when they are ready. These retreat features are strategically placed at the edges of high activity play zones like the swing, spin and slide zones. It is important for those with autism or sensory sensitiv- ities that feel overwhelmed in a crowded playground, or in an unfamiliar play environment, to have a safe place to go and just “be”, without leaving the playground altogether. Kindness and Compassion Area - Kindness and compassion from others blossom in peaceful places that promote reflection, compassion and emotional growth. Spending time in the safe and welcoming environment of the Kindness and Compassion Area helps start conversations and making friends with those who are “different” by demonstrating positive behavior, encouragement and by addressing the issues of isolation and bullying. Images of sample play equipment are provided in Attachment C. ADA Guidelines and Accessibility: The Americans with Disabilities Act (ADA) guidelines have been helpful in raising awareness about designin g for those with certain disabilities. For example, ADA specifies what makes a route "accessible." However, ADA does not specify what constitutes a good play experience. Nor does ADA address a wide variety of conditions, such as disabled adults who may have the mental development of a young child, or persons with cognitive or sensory challenges. As detailed above, true all-inclusive playground design transcends ADA standards. The entire playground is to be truly "accessible", not just providing an "accessible route". The playground provides a full range of accessible experiences for each of the play activities that have been shown to support healthy development. The various features and experiences are thoughtfully chosen to address the many types of special needs (most of which are not addressed by the ADA) and provide one or more play experiences in each of the critical modalities for all potential visitors. Regional Impact: The all-inclusive playground in Cupertino will be an attraction for the surrounding areas. It is intended to be a destination for the wider region. Cupertino is centrally located within Santa Clara County, with easy access for residents of Los Altos, Saratoga, Campbell, Santa Clara, southern Sunnyvale, west San Jose, and large unincorporated County areas to the south and west. For children and families with special needs in these areas, the Cupertino playground may be their closest accessible opportunity to engage in meaningful play that supports their physical, cognitive, and social development. (See Attachment D.) We believe that our inclusive play area will also serve various special education/special needs schools and organizations in the nearby area. They include Cupertino’s Organization of Special Needs Families – afterschool daycare, summer camps, year- round socializing, recreation & enrichment for special needs kids (1.6 miles from the site), Silicon Valley Speech therapy – special needs (Cupertino, 2.5 miles), Creative Learning Center Preschool – special ed./autism (Los Altos, 4 miles), Center for Speech, Language and Occupational Therapy – special ed./autism (Los Altos, 5 miles), and Pacific Autism Center for Education (Santa Clara, 7 miles to our site; 8 miles to Sunnyvale’s upcoming Fair Oaks Park all-inclusive site). We also believe that the Jollyman Playground will be a popular multi -generation venue, for not only children and their parents, but also our elders. Cupertino is proud to have recently achieved designation as an Age-Friendly City. We have a vibrant, flourishing Senior Center with more than 2,300 members. However, over 540 members are more than 80 years old, and many members are frail. Our population is aging and needs invit - ing venues, especially outdoor ones, to enjoy with family and friends. Frail seniors are in particular need of the kind of safe, welcoming site that Jollyman Playground will be. With the Feasibility Study’s recent selection of the best location for an all-inclusive playground, Cupertino is excited and ready to move forward with the community’s vision to provide an exceptional all-inclusive playground at Jollyman Park. C. Public Access Cupertino’s all-inclusive playground will be located at Jollyman Park, on the west side of the park which faces on South Stelling Road, a convenient north -south arterial. The playground’s location is immediately adjacent to an existing generous parking lot. It is convenient to the sidewalks and the popular protected buffered bikeways on Stelling Road (see Section 8). The walkway connection from the Stelling Road sidewalk to the playground site was just upgraded this year. It now provides an inviting, all-weather path that curves through a grove of large oak and redwood trees (see photo , Section 8.) The playground’s location is also served by the park’s existing well-connected pathway system (which is fully ADA compliant).Visitors can arrive and stroll in from any of 4 park frontage locations which provide inviting pedestrian access as well as parking (Dumas Drive, Da Foe Drive, Tuscany Place, and Stelling Road) as shown on Attachment B. For regional visitors, the site is easily accessed by car from Interstate 280 or Highway 85 via a few turns on well-marked major streets. It is close to Foothill Expressway/Blvd. as well. Excellent bus service is available nearby. One of the busiest bus stops in the county is north on Stelling Road at De Anza College (which has more than 20,000 enrolled students). This stop enjoys frequent service by bus routes 25, 53, 55 and 323, each within a short distance of the site at the corner of McClellan Road. The play area will be open daily during daylight hours until 1 hour after sunset, 365 days per year, consistent with the hours of operations for Jollyman Park. Our project will include multi-lingual wayfinding signage at existing pedestrian and vehicular entries to Jollyman Park. In addition to wayfinding, the playground will include multi-lingual signs to help inform visitors about the play experiences and about inclusiveness. Cupertino’s population is approximately 1/3 Chinese, 1/4 Caucasian, and the balance other ethnicities. Wayfinding and informational signage for the project will use both Chinese characters and English text. Signs will also emphasize use of icons, pictographs or graphics. This approach helps ensure that all visitors can readily understand the message, regardless of the language they speak or whether they have the ability to easily comprehend written characters or instructions. For this all-inclusive playground, signage will of course be provided in Braille as well. Signs will be thoughtfully placed at appropriate heights and locations convenient for users to feel the raised Braille surface or to see and read the lettering and icons. The signage plan will also include a permanent plaque at a prominent, publicly-visible location in the site to acknowledge County of Santa Clara funding. The design will be submitted for County approval prior to fabrication. D. Budget The detailed project budget is attached as Section 3, the Grant Scope/Cost Estimate Form. The construction cost is based upon the conceptual design that Verde Design prepared for the project (see Section 11) and construction cost data they provided. The associated project costs are provided by Public Works capital project staff, and are based on their many years of successfully delivering large capital projects. E. Project Readiness Permits & Entitlements: Ownership documents for the project site are provided in Section 4. The city owns and operates the property; no further entitlements are needed. Based on the concept design and the initial scope, a City building permit will be required. The city’s Community Development Department will review plans and issue required permits. Timeline: A project schedule is attached in Section 12. We anticipate completion of construction in summer 2021. Our intention is to deliver the entire project in a single phase, so that the community can enjoy its benefits as early as possible. Funding Plan: Funding will be provided by the City, the AIGP grant, and donations. The City has committed to providing $1.2 million in City funds (see Section13, Resolution). The proposal requests a $1.8 million AIGP grant. The balance will be provided by donations and via fundraising. Cupertino will undertake a formal fundraising effort to attract the desired donations. Fundraising not only will provide the necessary dollars; it will also engage residents and businesses and build a stronger sense of community participation and ownership. Primary options include working with Magical Bridge Foundation or hiring a professional fundraising firm. Staff will return to the City Council with further information to secure approval of the fundraising method. See Attachment F for additional information. F. Long-term Maintenance and Operation The new playground will be operated and maintained by City staff. We have well-trained, well-equipped Grounds and Facilities divisions in Public Works, as well as our own Tree crew and certified arborists. There are currently two playgrounds at Jollyman Park and a restroom which Public Works maintains daily. The new playground will likewise be maintained consistent with City of Cupertino parks standards. See Attachment E for detailed information about the playground, landscaping and park maintenance schedule . The City plans to use the Capital Improvement Program and annual budget process to request funding and resources as needed to upgrade or replace equipment or surfacing that becomes worn over time. Cupertino is proud of its reputation for excellently maintained parks. We are committed to providing safe, attractive, inviting parks and playgrounds and a consistent high-quality experience for our park users. G. Project Administration/Professional Capability/Schedule The City of Cupertino is the lead for the project. The project is a collaborative effort between the departments of Recreation and Community Services, and Public Works. Recreation and Community Services, led by Director Jeff Milkes and Park Improvement Manager Gail Seeds, have extensive experience with the design and management of parks and playgrounds. They will have primary responsibility for the fundraising effort and for inviting stakeholder and community input during the design process. The Public Works team will have overall project management responsibilities from project approval through construction. Executive leadership will be provided by Director Timm Borden. Timm has led the Cupertino Department of Public Works for over 8 years. Prior to that, Timm worked with the City of San Jose for over 25 years in a wide variety of roles culminating as Deputy Director of Public Works. As Director, Timm has overall responsibility for not only the Capital Improvement Program but also the Parks/Grounds and Facilities Maintenance Divisions. In this capacity Timm can provide all necessary resources for the successful implementation of the project and its ongoing maintenance. The Capital Improvement Program (“CIP”) Section of Public Works will provide project management services for the Project. The CIP Section has overall project delivery responsibilities for the Capital Improvement Program which has an average annual budget of approximately $10 million and typically 15 active projects at any one time. CIP Manager Michael Zimmermann will serve as the senior project manager. Michael has over 33 years of Public Works project management experience. He is a licensed Civil Engineer and has experience in the role of designer, construction manager and project manager. He has successfully delivered over 175 projects of various sizes, types and complexity. Prior to joining the City of Cupertino, Michael worked with the City of San Jose in various capacities. In 2001 he was the Construction Manager responsible for the implementation of a $100 Million local bond measure renovating or constructing over 100 projects, including over 80 parks, playgrounds, and sports fields. Alex Acenas will serve as the Project Manager on the project . Alex is a licensed Architect and has over 25 years of capital project experience in both the private and public sectors. Alex joined the City of Cupertino 4 years ago as a Project Manager and has since successfully completed over 18 projects of varying sizes and complexity. Prior to joining Cupertino, Alex worked for the Daly City where he was responsible for the construction or reconstruction of approximately 24 parks, playgrounds and tot lots. Working in close collaboration with the CIP section are the Grounds Maintenance and Facilities Maintenance Divisions. These groups are responsible for all park facility and playground maintenance. Their input will be crucial in designing and constructing a playground that is not only functional but can be easily maintained. The City of Cupertino anticipates utilizing a consultant design firm, experienced in the design of all-inclusive play areas, once the project is approved by the City Council. Construction Management services will be provided by Gilbane Building Company. Since 2013 Gilbane has provided construction management services to the City on a wide variety of capital improvement projects including parks and recreation facilities. The design of the project will build on the conceptual design completed this year by Verde Design. Verde Design has worked on Palo Alto’s and Morgan Hill’s Magical Bridge playgrounds as well as San Jose’s Rotary PlayGarden. Through a feasibility process Jollyman Park was selected for the new playground. The City controls the site through ownership and its location within the City limits. Based on the concept designs and the initial scope of work a building permit will be required. The City of Cupertino Community Development Department will issue the required permits (see Section 9). This project is anticipated to follow the traditional design-bid- build project delivery model pursuant to the public contract code. This project will replace an existing playground, and is expected to qualify for a categorical exemption under the California Environmental Quality Act (see Section 6). H. Land Tenure The City will design, construction and operate the project on city property in a city park. No lease or agreement is needed or applicable. SECTION 3 GRANT SCOPE / COST ESTIMATE FORM Jollyman Park All-Inclusive Playground City of Cupertino SECTION 4 PROPERTY OWNER APPROVAL Jollyman Park All-Inclusive Playground City of Cupertino Attached documents include:  Assessor’s parcel map, book 359, page 25  Resolution #5539 accepting property known as Jollyman Park, Jan. 1981  Resolution #6494 accepting property at Jollyman and Hoover school sites, Feb. 1985 NO P'EE IN ACCORDANCE e WITH 6011 CODE 6103RETURNTOC'fy OF CUPERTINO 10300 TORRE AVE. CUPERTINO, CA 93014 F 478 , RESOLUTION NO. 5539 A RESOLUTION OF T11E CITY COUNCIL OF THE; CITY OF CUPERTINO ACCEPTING QUIT CLAIM FROM THE CITY OF SAN JOSE FOR THE PROPERTY KNOWN AS JOLLYMAN PARK WHEREAS, there has been a municipal reorganization between the City of Cupertino and the City of San Jose; and WHEREAS, within that area is a public park known as Jollyman Park; and WHEREAS, the City of San. Jose has quit claimed, assigned, and transfered to the City of Cupertino that territory as further described in the deed attached as Exhibit "A" to this resolution; NOW, THE-REFORE, BE IT RESOLVED that the City of Cupertino accept said Quit Claim Deed and BE IT FURTHER RESOLVED that the City Clerk be authorized to record said deed and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 19th day of January 1981 by the following vote: Vote Members of the City Council AYES : Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None APPROVED: Is/ Barbara A. RoQe .1 Mayor, City of Cupertino F 877 4'78ATTEST: jC' r; s/ Dorothy Cornelius City'Clerk n sT 7• m CJ i a 14-1177 e y yEXHIBIT "A" F° 693 !' 27 Real property situated in the City of Cupertino, County of Santa Clara, State of California,. described as follows: Beginning at a, 2 3/4" iron pipe at the most Easterly corner of that .certain 9.97 acre tract of land described in the Deed from Roy Weirhauser to Ted R. Brush, et ux; recorded in Book 3802 of Official Records, :page 160, Santa Clara County Records, said point being also the Easternmost corner of that certain 2.5 acre parcel of land shown. upon that Record-of Survey filed in- Book 131 -of Maps at page-36; Santa Clara - County Records; said point being on the centerline of a 20 foot wide right-of-way; Thence from said point of beginning along -the centerline of said 20 foot wide right- of-way South 59°17' West 128.38 feet,' South 49°31' West 63.26 feet and South 36°15' West 29.34 feet; Thence leaving said centerline North 75°00'21" West 21.70 feet; Thence on a curve. to the right with' a. radius of 124 feet from a tangent that bears North 44 038'31" East through a central angle of 2°57'34" an arc distance of 6.41 feet; Thence North 47°36'04" East 7.95 feet; Thence on a tangent curve to the left with a radius of 541 feet through a central angle of 4 010' an arc distance of 39.34 feet; Thence .North 43°26'04"East 26.96 feet; Thence on a tangent curve to the right with a radius of 114 feet through a central angle of 15°50' an arc distance of 31.50 feet; Thence North 59°16'04" East 90.63 feet; Thence on a tangent curve to the left with a. radius of 286 feet through a central angle of 4°28'33" an arc distance of 22.34 feet; Thence South .60°55' East 21.23 feet to the POINT OF BEGINNING. 0 877 P 4'79 QUITCLAIM DEED The CITY OF SAN JOSE, a municipal corporation of the State of California, Grantor, does hereby quitclaim, assign and transfer to the CITY OF CUPERTINO, a general law city, Grantee, for public park purposes, all of the Grantor 's right, title and interest, without warranty expressed or implied, in and to all that certain real property situate in the City of San Jose, County of Santa Clara, State of California, described as follows: Real property described on attached "Exhibit A - JOLLYMAN PARK REAL PROPERTY," consisting of pages 1 , 2, 3, 4, and 5. DATED:. December. z3 , 1980• C I TY O F<SA.N°°JaSE,;,b un Vc-Lpa 1 corp( Cal4i' fo nr ;'°y ran ',.-) t3 ea 1 b•.9-' -y!,y'_` ;_a`;r`f D Yz 9 M6yo r e„UW i 'z ATTEST:. - HELEN E: JACKSON CITY RK p A ti Mayor' s AcknowlE:dgment) STATE GF C ss. COU?,1y CF S ZrA CLU ) 1 JailUary 6-, 1913.1 J2SOT8 L e.,_ the ii?1CiErslo1 Z , a 1\t2ry public and. for the abovee said COLinty anc State, personally appeared pLblic o he J G Naves kno•n to M to b t.. Mayor Oi the 7ni—miCipal corporation clesCribed _1? and, that e'eC ith the Stithlit ins-,-, be al and also kno;tiT to ,ie to be the Person who eXeCLted the 'V.-- ' instPL>nt Os behalf O the CoivOTatiOi_. therein na e, an. aCl':nowledueG to. me that sL'Ch corporation @ eCliteL Zt oc,$ hand and e1icial seal the Zay an-, y-ar first hereinabove written. OFFICIAL SEAL WILMA M. FAROS a i. Pualic i any C)r the l.C n l.y Ol Sant W o'NOTARY PUBLIC - CALIFORNIA 0=- ti SANTA CLARA COUNTY Clara, State Of CaliiOrnla My Comm. expires APR 2;, 1981 i ren.l pro=perty referrer; to is de.scribe'd .as :i than certain parcel., of land situa.t_a in tre CL t3 0> San Jos-e.,. i i tc' c 'f f c 1 i Er1_r'i 'a , Gescr.iFjo 2s. fO,1.JQ1T:5. oe,. . . o. Sar! GI'<<i at the- So:ztheast;e'r y carnet o`. .tratr c.err-ain arcel of 1.arld O,re .ed by- z eiko Boe hold,. a single uuan, . tc. Tracey .C. o4:h', e,t zx, by. s geed dated ?ece be, 18, I950 and recc r';de - .Ja ar.y .3 , 1,9 1 ire io',t 2 ?7 of o tidal, Rncor:ds , page 46 , Santa Mara Co0ii y P*_weords , said. coir.t= 2z-zg ,or't i '3196. 87 feet and- Ezst 18=11-.50 fee=t fro the coy n corzze 23, ..24, 25' and 26 , T. 7 , R. 2 t°.. D. B ..T ,: t'hez cC r'..rc, z Doi OF beginning running. North along. t~P•.e Ea Sit _?re' "0f t:L' pit" i 59- 60. .t V the a;1 i jOtl'th._r: y line, of that F'z.ta.in p.arc'e;l, of nd. Hrs'LIv descr•1.'J°_ lr1'. tie D`_?°C . ile L. a e R. S 'itl: et z.:, dat-ed ,Jtt—, i I ro: l;e d- k'c odrzifi , et u, to y`z 19.61 P_r.d re.co.rde-d .Jt,ne 23, 1961 in Boo'- .5209 of 8 f.ic;,e`l 1'.?ords; g Santa. 'lard Maur=:ty Records ; .t= :ence . Long e' e .botzdar:i.zs' o` tnv .pars e' t, fi r• ,bed• in the Deed to S ni:trh, the foll.cr: ng e'o;urs°s gin, di sari* ms`s c e V a» a3 ,) asS7'' a 44® 1.5° 22" 1--,_ e t , tx.. SC 0 '. lei r 5413 feet', 'jortheasterly along a tan;-er_t cur.:a to the lest v th. a ra.' 2.0 fee- a.n angle, `O' S® 11' Tr • an `r C- disc 1C'C 'O: 16., 7 q;Oy r_r a` 1y I Ong a c lr•Je to t e r.;.ghC3Y .Y° a, Q eve r s.e.. J t 2 y. tProu-h an an-le of 21"° .12.' 10" an v'" !" d s -'ante 01 22;,. ZO, fee(- N, L.5 4'.? 33" W.. 133.77 fee's:- to a P- i nt -in, Iwo e l ortx!e l j 1.i.ne parc'e. of, and described in the Deed .fro-ai -Aadre a J. Rob, ..chaUd , i.a lei?tio Boe'khold da=ted .tune 21, 1950 and - rerco:riled J,u 'e .2' - 1:950 in B:so?: 2CJ'0;3 o.f Q.rf'i:cil. Records , pad;e 515., Santa Clare C ,n~y ec:::d's.; e of. the'. ° arcPel. so des:c.ribed- in the. D_a`d,; to.t.r,`e _eav ng the. I.r. p-- andLnitir: ° along the No.rther3y; asi_,erly. 2n.d. Sautbeasterly 1a: es .o.f P -."Ce so co zvayed to Soekhold East . 2 00. 98 .fcet tc tee i r rtt euster:l.y e.-iier thereof, South 74 feet., and S .. 50° 09, 19" W.. in. a ra;ct lin--. to i at. cex°t_z.in rcel- of -t and d1.eszrihed in r,e C'lor"c 1easte-rly corner 'zif .tit pa D 2'i( to' a f-rom O v khoid,, et uX, to. o f 4 805 o r i i L U C7 yeLrL, S• i: r_'.n.. v.. ..:a: J i' -C:L: t I 5 . Santa Clara C;o s:ziy ?ecords ; therlc-e .a1e , tii? .°nerd'__ 2;crt zzr.ly J :_n? c; rze .z>c' l so conveyed i o `i; vt.e ' f 'Cali=r.nz . the £o?i c-rn a,, es distance-s'. i .. 89 1 23" W. 183. 99 fe=et ; a1c n a ta.> e zt cur:u 7 U S tC'ut xzght Y71t 1 c 1ClIt3$ C7t i/ 0 ifi,i.C , t.hr-UL. 1 Fi l, elj r? ni a( aCt i' L.` "C,:".r1.2.. O ' 48 . 90 feet ex?.d T- / _i•_ Cry r iri:r_eYse_tzo n' thereof with the Soy tc `rl i;^c' . cf- ` `'t F I' CGCI 'cye'CI .tCJ i3Cej', t.er.eina ove referred t0.; t lenc•-2 .lon- sziid Fast 7G "72 feet!co the pC7_nt. Oi Ce9 Iln,i:-,S" 3n being; r, i A: 7.R.. 2 W. N. D. , 5 At PC'1L7-G{- U- 1O%Z 2Z,.,-am., i 3 0R DE R S_rIAE 60. EXHIBIT A: FAINT WRITING OR TYPING JOLLYP AN PARK. OR CARBON COPIES MAKES REAL' PROPERTY POOR PHOTOGRAPHIC RECORD page .l Of rJ r I Be Amning at a point on the Ea- st line. cf Stelli,nLs,' R,oald -dl: - r „i . feet %I'OT. CC^LTO; coX'i er for -eCt. rJil'S ,l3t.h +reor .o.. n 3201, r 24, 25 and 2ci,, Tvcv=nsh'iv : outl ?? rye 2 ;.'est,, Miw.n r 3.a to Base wry Me..L: than., said. POINT. O'i` 'PcGZt i.i G win Soufirl .5-00 , vet. f:ron tre i Soutr;;e s terly corner- of that-.. cer"Cla i n. ,parcel .c):f', land conv•eyed. by. A drew Bo'ok aud., t ux to C. Tracy i ., yr ' T T h r.c- ori• e t cL c b' Da e d. recorded Septermbzr 20, 1949 in Book 1,851 at nape 374, Ufiicj l ff Records of Santa Clara County;1 alon. , said:. Line of Stellin- -Road South, 13.511 f'ee', TFENCB. anon- a. tancent cr.zrve. to the. D of t w lt'n a_ radius c.f 25. 0 feet t'rro:u h an ankle Of 73°29 f 4"0" an arc lengLh of 32.07 fe:A t; T:"E2 CE SoGth 73"29-2-1 Ea s S6.87- f--t- to a roint.' Ln ,tai ,:ou.,;:.. ,1..v line of that re.rce.1 of' land co-0 v e -ed to f _a(eey C. York, e`: uY 'by ! ` Deed recorded Janca- ry 3,. 19. 1 ir! . .yoo _ 2127 at rh e is-1. Records' of Santa Clare County, < Fa-la .nolnt b 'ng Ea,u l-0J-. . et I xrot th. SouthTresterly eo:rner of Szi la at r:entir,ned. s E2_,i E East 70.72 feet along tel:° }-are..irb-fore- m mt 0 _.d 7:J, 1.«_ Lfi:ZC Iyorth and, narcllel til:i tr Laic: line of. St.e11-In-2,c)^ 6.a:Q feat; I T TL;^*^ ',v r o ; e ! L last: r°TIi.; oned- .o:ut'n(1 Ix:.. E .,,st and pa :z_ll 1 v: Lth 't z T1-d line, :1n1.50' feet. to the .POINT O.r' L=Si`i`:.l.C:, 'n>l bjl:na. - -sar'tien lira q,_O'_ t'Tt'E' T'=o,rt'Cwest' one-nua'rter of Jeci Z'^n 2'-' , C `i.nS lid ' Sou,t'n.,,' R 1 n.-T T e' ` L n +e 7 r .die2r; s. , P,oun:t isclw. .u. uat_.. I EXHIBIT A - f JOLLYD AN PARK REAL PROPERTY page 2 of 5 I I I i r AMIL FS 48 The real, property refarred. to- is described as:; All thc s:a certain parcels of lat, si_.:uate in t:ne Git of. ;San ose:, 'County of Santa Clara,, Sta-Le of California, ZPscr' gibed., .as f L 7-o s 11,C I1 EGTI is VG at tie Northeasterly coiner of t^ t .car::D'in 0.48f acre y tract of land described in the Deed from 11e,ikoc Boeknald, e=t:. .uX., tU State of -California.,. dated'. April. 21, 1960, recorded. Ilay 252 1960 Ln Bo.ok. 44805 of .Official Records page.-45; Santa' Clara_ County Recoxd_, ,. and f:rom "which point o;: beg'i'a1-n3:r- the Sout`hea,s-,&-,;:ly corner" of , j said. 0.417 acre "tract bears SoUtll 50° 08,. 1911' West 93. 37" feet; thence f':.on said point of beginnir}g i';ortn W° 15' 22" West, alon r r 1 in o a 50 r.o.ot .racy t:, csrve; o•r; a di sta ce. ola. 0. 00 f.ee:t and the true- point. of be IrLIU,4g of . the - tract of land, t0L be cescribed; thence- from said tying! pointi. o , beginning, cont-inui„n, orth; '440 15' 2211 Nest .40,.42 fe :t ;. thencz :, orth 89° 56 ' 577 j,les 11.0. 00. feet to a point in the, Southerly pro:long3:tiot of rhz Easte-rly line of that certaIn t3-r3ct. of land described in the' Deed . ftom. Andrew I. Robichaud, et ux., to C. _Tracy 'kori ,. et u•:, rec-orel:d, Septecber .2.6 , 1949 'in Book ' 18.5.1 of Official .R.ecords., page- 334, thence due Nor thy. along said pro longatiox,' and Bas to f ly line-for .a, is tc:'i l o f l o,40: .f•eer. to the Nort1iaa,&te'r !. d.escri5e,d in tire Deed to . said York in. t:c:e. S'out'herly lino of. t:z"t certzin. 3 ac-re tract of land deScr,ibed in the- Deed 23 ,oILyman., et al, to- C.. D. Oldfield, et. ux, :date.d Sept-emn,e 1948 and recorded. September 24, 19.48 in Book. 1681 of :Off'ici:al . Records ,. pace 16; thence .South 39c! .-5L6' 57" Eas t.. a'-1ono the- Southerly- 52lineof .s-aid 3 acre tract for .a distance of '3,.:5:2`f et thgrtce. l-Laving said last nentiot ed line and running S'auth- 25'. G G' 33''''" Easc 138.. 77 feet; thence, 5outhe<rly along an arc of: a. curVa Zo eft , from a tangent bearing South _23 08 . 52'` wo,St-, with a radius: cf 40'. 00` feet, through a cenCra:1 angle' of ; 21° I.2 :1J:''' , for 'ari a.:rc ; dlistance of 22. 20 .feet: thence ,.outheaster.ly on a rev-e°rse eurlre a r, ,_ . - 20.-00 P' t >'h 2t L'E'rTt`L"3. agle_.. o +- _ int , wit: a isG o.eet, c; 48 I1 37” , for an arc distance of 16•. 82 feet; then`.ce: 5o t:I-LL. 50" 08' 19''` Gies t 5 . 18 feet:• theric'e So.uth;ae-s te.IY9 on, a curV2 t0 too a.ef t, ta;jgent -to the, preceding .,course, with a radius of thro4h a c.en_ral angle o€ 49 23' 41" , for an . arc disc-ance...o-' to he true point -of be"ginnin;g.. I CO't Cn i_N " PPROX'E-ATELY 0. 395 •acres , a:nd be irg:. a por lion, of the ;or r.;h cr-s t 1/4 of Sec t.i on 24, Z'aship 7 South, Range 2. 'Te9 t , i.f7.E. PARCEL :;0..,. 2 :. A non ---xclusive easement- For in?ress and. egress and for the insta1latva and aintenance of. public utili.t.ies ; appur.tenariit to the a aove ,l stribeu, m EXHIB.IT_..A PARK REALYPROPERTY . page 3 of 5 paroel one:, over t e foll.o:aing.. des:.r ibed parcel o-f lams:_ . BEG. UT1,1t1NG at the plortheasta'rly corner_ of that c.ertair_ 0.487, acre wr:ac:t. of land de'sfc'rlbe:d In the 'DQe"d froL it. ika Beak old'. et ux.,., to State or. Cal-iforma., . dated. Ab, i.;! 2.1 , 1960 and rucordad if, book 4805 of Official Records., i?age 45 , 'Sant•a Clara Ca+.:111ty Records thente from, said :point al be'gi;nn.i:ng North '$9 55' 28`' w=,s.r X31 n-g tie Nor't:ier'y line of said, 0.457 acre tract :liar:. a a 5.0. 00 feet; thence Nort-herly along an arc of_ a .cury < c. the right- , from a tang'en't .b'e'ar7_I1g Nlorth 00•,''- r°. 32" Wes :, . ii7J.t]n a rad 'us of, 00.'00 feet, through a c.en,tral angle.: of 50° ' 0 47'', fo:r a,n: arc distance, of 5:2.426: fe-el: ; thence Nar-dh 50° OS' 19;'' East, 5. 18 feet; thezice. No.rtheas terly .a?i ong.. an arc of. a curve• .to tae I efL, tanagent to. the, pr•ece-ding cou:r.s.e ; - ,7ith. a radius of 20. GO eet, .throu.-g fh .a c-en-tral angl-e. o 48° 11 ' 37" ,' for an arc discGnce a:L 16. 322 :feet; thence Ea st•erly. and Soutil.erly on a re Ve-r-se, curve t_—he :. tg..,.., with c a:.<:,Cl.i.,,,S. V.L. ( 401,. 0.0. LZ,-,t.., r3",.,. ailgle of 228° . 11' 37" , for an -irc di. tanceL 159. 309 fea'c; thence soiath. 500 08' ll" West. 49, 170 f?.e-t to the point. .b I I i C 1 EXHIBIT A- = JOLLYMAN PARK REAL PROPERTY paqe 4 of 5 i I I I I I L1 Lna_.. _. 'a.l p=,op_:mrty s_:.'tL..=1Ci°i 1:f.3 P=L?? C.1u7-_,E.y' 0E- Jail_.a c 1,aZay,. .i. t t r. frJ t7,..?S . ti 1..:t'. f. r O'71IT in Le •."'OLi?... i L1 O ?tir.L. C':'.,:`t`L:} J,..I c. `= C..t = }J j' Lti".tf c' 0-:i1;+ ::3.^^., et c11, %E? 'wLl l,d, i i,'j I 7) , Gt Jul. i.clis . c T_1':d. rec u .71y-f J. _ li.[ f,.) Tl jh. lC)" i.),, ry J: t r'' 7.7'cJ,a 1..171J at c^v 1 I1 .. V(r 47, 0.. 51.1 : C. cl to r o+ C.J ) Cal r uil3 Ci3 vial iA Z to -ha no.,.ti;erl - ,re of: tha:; cirrt.in 10' i 4. C'C C'. Lcl.,i .,C. conveyed by Alice . oIl-ly-pan., et al..., to 'Ban 'S'i_etj za' nJ:1 ec: L';;', :by: De...L7. d"ated . 2, --1948 and ra o.rded' + antral.-y 6.,. 191408 . in- xDo'O'T-c 1550, _OfZic,-i,..a`l.j P.4: ardS c'i- P's?? 125,. o'& Salta C,1_a:_:a- CO nt] ,.. Calif J:°Ti ia 9 tIn-ai C'{?tl 50 felt f °ozn a po:zat zn .tbe easterly . 1..na of e I s,rzn'C thereon 3598..87 few` from,. itb u -CO.— a of Se 231. 24-'.'.. 25 and: 2 1r, l iiJ13i'l p 7, South Rangy .2 West., .t}h:D..,. &..11.$, S-aid poi-nt. 4-in- .'1.1._so t°.•'?- S e i•'V .0.+Lt`r of- sv,1_d. 3.a 2 acre c.?y_.:sue..j. .tYi.... :C .•.„ \, j t1G i. 3,C1.' t ' 4.a i;tl cl r line parallel. to the :easte:r:ly .line cf` Ste 1, 1 i n Ro.aJ for a d sta' w ;of o- a Point, sa d point Ise In t . :los t.r .rZ fJ1t L:'2 .L: .t ia,. rya c t' y. C"t?r',:2 C? .t°..on 0.395'. atre, tract canVbyed .113; Te.V?:`ie E .,j+'-O:=I.IT,. is=L. r.. `-G' v7 n= _. Sm °1 et .ux by- Deed dated June 8:, 19b '': a.nct -rLcord.ad J7.te 23 ,. 1?al in.: i aok 5205 of Gffi%cia.lRecords 2 at ],Page 159 record:.; o Sa lta. Cla r:,-: coup—, aloe i:j`r: ,. j 116 O`!, Sa:.I.:.d .0.395. 1;are i rf?'a..L a.il a,sC31? tFlc^. n0. l h°.r .y iMe O . 1aa, cer L.?;n 0, )`-f' .t C,Z tC, t.: L. Cr i -eyed b. Gloo,d'son Cap .tal Co. to Ta°'"I-Z° .E, `Tv.O t` IZ y °'= 'a1:., .by 'De el z.. 3 ,s, ,1 960 a rj , r 9G t p,TZ i 93re: r; of _C]_a1_ .Recor.ds•. a,t Papa 1312 re'c&J_-ds 'Of Se.nt-O' Clara County, fC3?' a Q a•ianoe of 237..346. feat- t I;y'•C•P. r,u.., ,, zn .+ L'6Lll' r{ j'' 9 . , , i 9 c, ev a x:c. X.?-z-h L. :a ea3t%;Oa ly line of Stell. nom. Road alor:3.f of: C_p" `?'TIO' SC'i2'J'J1 .DZS rkcr for r i S tra:C d'. o. 312.4'• f I ; t©. p0" - on c"_1Z1;a°1..f lime: cf the alc rem `1.oii_:d 2. cCr. ti'aCt_' tCt S 8: ° D5 17. a:lo.n. the southezrly Il.n?` of. :sai:d, '.2 acre tract:"o land fz_c distun'ce o.. 237, 3.45 feet: .` th.. paint o b_ r; x , Lnnr, .,7Can,, L c L-.e3 more or- less,, ..and bein-1 a Portion Cif the 114 Uf- Se,":©lad'.. .0: 24 -,_n iosm-SIAP 7, 5.ou.th; P:ange< 2 WeS L, 14 e:D.,,-B,, 2.1, I I i i RECC RDER'S 'E.no0 EXHIBIT A JOLLY-MAN PARK FAINT WRITING OR TYPING REAL PROPERTY OR CARBON COPIES MAKES POOR PHOTOGRAPHIC RECORD page 5 Of S I I I I I I I Y a NO FEE" I City of Cupertino 486 -5, CERTIFICATE OF ACCEPTANCE is hereby given in order to comply with -the provisions of Section 27281 of the Government .Code. This is to certify that the interest in real property conveyed by the deed or grant dated December 23 19 80 , from b City of San Jose to City of -Cupertino, a governmental agency, is hereby accepted by order- of the City Council on January 19 19- 81 , and the grantee consents to recordation thereof by its duly authorized officer. Dated: January 20, 1981 By C ,ty Clerk City of Cupertino i RESOLUTION N0. 6494 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT DEED OF REAL PROPERTY FROM THE CUPERTINO UNION SCHOOL DISTRICT OF SANTA CLARA COUNTY FOR PROPERTY LOCATED AT JOLLYMAN AND HOOVER SCHOOL SITES WHEREAS, the Cupertino Union School District of Santa Clara County, which acquired title as "Cupertino School District of Santa Clara County", has executed a grant deed which is in good and sufficient form granting to the City of Cupertino, County of Santa Clara, State of California, the fee title to certain real property, situate in the City of Cupertino, more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof, which is as follows: All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, consisting of approxi- mately 11.211 acres, located: 6.157 acre parcel being west of De La Farge Drive at the Sollyman School Site; 5.057 acre parcel being west of Donegal Drive at the Hoover School Site. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered, and IT IS FURTH~R RESOLVED that the City Clerk be and she is hereby authorized to deliver this acceptance to the California Land Title Company for recordation with the Deed in accordance with existing escrow instructions. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 4th day of Fehruarv. 1985, by the following vote: Vote Members of the City Council AYES:Gatto, Plungy, Rogers, Sparks, Johnson NOES:None ABSENT:None A3SSTAIN:None ATTEST:APPROVED: s/ Dorothy Cornelius s/ Phil N. Sohnson City Clerk Mayor, City of Cupertino OlOll/1D 97B7'1 10-9-84 E,T. Rev. 1/14/85 DESCRIPTION Lands of Cupertino Union School District Noover) to be Conveyed to the City of Cupertino for Park Purposes All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, being more particularly described as follows: BEGINNING at an angle point in the qeneral Westerly line of Tract No. 2592 Normandy Hills Unit No. 1 a map of which was filed for record in eook 115 of Maps at page 2, Santa Clara County Records, said angle point beinq also the Southeast corner of Lot 47 as shown on said Tract No. 2592; thence from said POINT OF BEGINNING Southerly along a Westerly line of said Tract No. 2592, S00°03'17"E 138.72 feet to a point in a line. parallel with and distant, Northerly, 19.00 feet, measured at right angles, from the centerline of Leeds Avenue, as said centerline is shown on said map; thence leaving said Westerly line, along the Westerly prolongation of said parallel line, 589°56'10"W 9.99 feet; thence leaving said parallel line, Westerly and Southerly, the following courses:along a tangent curve to the left with a radius of 319.00 feet throuqh a central angle of 16°26'10" for an arc length of 91.51 feet; S73°32'W 206.68 feet; alonq a tangent curve to the right with a radius of 261.00 feet through a central anqle of 16°26'10" for an arc length of 80.61 feet; S89°5$'10'W 4.42 feet; alonq a tanqent curve to the riqht with a radius of 45.00 feet through a central angle of 19°11'17" for an arc lenqth of 15.07 feet to a Point of Reverse Curvature; along a tangent curve to the left with a radius of 45.00 feet through a central angle of 128°22'35" for an arc length of 10U.83 feet to a Point of Reverse Curvature; along a tangent curve to the right with a radius of 45.00 feet thcough a eentcal anqle of 19°11'17" for an arc le~gth of 15.07 feet; S00°O1'S0"E 163.84 feet; along a tangent curve to the right with a radius of 45.00 feet through a central angle of 19°11'17" for an arc length of 15.07 feet to a point of Reverse Curvature; along a tangent curve to the left with a radius of 45.00 feet through a central angle of 55°51'14" for an arc length of 43.87 feet; S00°O1'50"E 216.13 feet to the interaection thereof riith a line which,is parallel and diseant, 30.00 feet, Northerlyiof the monument line of BARNHART PLACE, as shown on Tract No. 4254, a map of which was filed for record in Book 222 of Mapa at page 15, Santa Clara County Records; thence, We9te,Cly, alonq said parallel line, N85°57'14"W 195.28 feet, more or 1 ss~#rta a point in a:Easterly line of said Tract No. 4254; thence q~,a~onq.`+ said Easterly line,N00°07'S9"W 706.70 feet to the rq,N'!~{t~iliiEeCsection thereof with a Southerly line of said Tract No. 2592; k~J'~,'sk`hence leavinq said Easterly line of Tract No. 4254, Easterly, along iAaid Southerly line of Tract No. 2592, N89°30'32"E 639.10 feet to the POINT OF BEGINNING. Containing 5.054 acres of land, more or less. Prepared by the firm of MACKAY SOMPS San Jose, California ooizo/in y~e~-i io-i~-ea E.T, DESCRIPTION Lands of Cupertino Onion School District to be Conveyed to the City of Cupertino All. that certain real property situate in the City of Cupertino, County of Santa Clara, State of California being a portion of that certain LL.184 acre parcel of lan~, as shown on that Record of Survey, a map of which was filed for record in eook 131 of Maps at page 36, Santa Cl.ara County Records, anci being more particularly describe~l as Eollows: AEGINNING at an angle point in thc general Westerly l.ine of above said 11.184 acre parcel, said point being also the Southeasterly corner of that certain 3.2 acre parcel of land described in a GRANT DEED Erom ALice Jollyman, et al, to Hugh Phillip3, et al, and recorded in ilook 1652 OEficial Records at Page 213, Santa Clara County Records; thence from said POINT OF BEGLNNING, along the Southerly prolongation of the Easterlylineofsaid3.2 acre parcel the following courses: South 132.05 feet, atong a tangent curve to the right with a raAius of 42.00 feet through a central angle of 19°52'06" for an arc Length of 14.56 feet to a POINT OF REVERSE CURVATURE, along a curve to the Left with a radius of 42.00 feet through a central angle of 129°44'12" for an arc length of 95.10 feet to a POINT OF REVERSE CURVATURF., along a curve to the right with a raclius of 42.00 feet through a central angle of 19°52'06" for an arc length of 14.56 feet, East 318.32 feet, along a curve to the right with a radius of 20.00 feet through a central angle of 76°04'13" for and arc length of 26.55 feet to a POINT OF REVERSE CURVFITURF, and a point in the WesterlyLineofthatcertainparceloflandasdescribedinaGRANTDEEDtothe City of San Joae, a municipal corporation, for street purposes an~7 recorded October 5, 1965 in Book 7128 of Official Records at pagec 42 and 43, Santa Clara County Records; thence along last said Westerly line, Southerly, the following courses; along a curve to the left with a radius of 65.00 feet through a central angle of 21°49'48" for an arc length of 24.77 feet to a POINT OF REVERSE CURVATURE; along a curve to the rightwitharadiusof15.00 feet through a central angle of 35°45'35" for an arc length of 9.36 feet; South 163.23 feet; along a tangent curve to the Left with a radius of 65.00 feet through a central anqle of 39°46'00" for an arc length of 45.15 feet to a point in the general Northerly line of Parcel 3, as eaid parcel ie described in that certain GR7WT DEED Erom the Cupertino Union School Dietrict to Claude T.' Lindsay, Inc., recorded February~21, 1962 in Book 5474 of Official Records Page 606, Santa Clara County Recotde; thence leaving said Westerly line, along last sai~3 general Northerly line S50°12'00"W 36.56 feet to the Westerly line of last eaid deed; thence Southerly, along the Westerly line of said deed, South 101.75 feet to a point in the Noztherly line of Tract No. 2483, a map of which was filed for record in eook 112 of Maps at page 35, Santa Clara County Recorde; thence alonq said Northerly line and its Westerly prolongation N89°59'00"W 599.52 feet to the intersection thereof with the Northeasterly line of Tuscany Place, as shown on Tract No. 5835 a map of which wae filed for record in Book 375 of Maps at pages 13 and 14, Santa Clara Count Records; thence leaving said Westerly prolongation, along the Northwesterly prolongation of said Northeasterly Line of Tuscany Place the following courses: N43°O1'37"W 28.06 feet, alonq a tangent curve to the right with a radius of 24.00 feet through a central angle of 52°O1'12" for an arc length of 21.79 feet to a POINT OP REVF.RS~i CURVATURE; along a curve to the left with a radius oE 7.8.00 feet throuqh a central angle of 52°O1'12" for an arc length of 7.5.42 feet; N43°OL'37"W 24.73 feet to a point in the general Westerly line of said Record of Survey; thence along the general Westerly line of said Record of Surveythefollowingcourses: NSO°11'll"E 164.77 feet; North 74.00 feet; West 96.14 feet; North 312.00 feet and East 215.04 feet to the PoINT OF BEGINNING of this description. Containing 6.157 acres of land, more or less. Prepared by the firm of MACKAY 6 SOMPS San Jose, California va v o FhS a ~ O`3aoY~o n Zv c~h n h INpp.11 v"I~r4 aLLOw m n p WmyWrI o WO~`0 W 4 U~ O O wO~y 2WTO•l W ~~-h m nMhJtia3~o 22 CWypo~I~~ ~W~ o Q iF W a£°n v 2'' v u io~io W;~s W WrW,°~r~2~o° m i3oZAha~W 2S~ho~dc 21-4 O W• 3 O`i obW~~4 SZy~W~\~`KW~ O ji C VI V2~4U42,e~10OYW U 4Y s~i~i i n W j o o3a~W ap°z°~o °a°a Q~oF 4 ol„iWy~adg;e i:°^F~~rcAI~F' ~p W y°S.~.nhm lWlnmx..eWmi~ti I- imi li m::: i 3 n v c o. o o: 0 4 o d YM 3SOd'W /a~c~ o i y Y 3 i i I 1 I j i W. z i, i 0 xOI J':' i 4;..h' o i W i_q.. o i w I O c I n' 9G%bOAYMJY9 S I.' i M f 1 j~l a i i 2 _ d s; ~i~ s i i ~ ~i;',. 40 .C•t d f o N Y m ~ax a s O d w N r C a J p a i~c ~ r J J x V l y\ i~J S Z t~ tV t 4 x a v 1 v x v 1pn41~~: 1 J M l 1~ 1 @ 1 1 Y O C I 6 a' aaJa o e A3 b'N N 4I m V I e,;~ 1 y I I., 0 ~ x~ J~II 3niro r~~noo •v I':Ie 1 I(Vw~ u. )x J .-a I)~'i~{Y+I I_.S N O I I o i S f a I I fiQ`.^..': P3:.I."ne.rw i.~Y~k7C1 iwer.. le ItiiI i. _s. hr L~~16-_1 1 y r S1ER I Y I i ~ r..Q x, I f~Q i~~`~~r~ f:~EF C3)~;Jj~~a 1, . } t ~ r fy'J.e i'~ ;I ilU.~i''x;,s~i xl f`h I.,_ v io~ 1~-'i:a`nW a i' k o A~W i o'^'Y n p V Q rc ti 0 7 O s tA. W m e V 4 . 0 O N V 3 v'~ l9iz. o oiY..._.. p. lovi~.v. I i 1...._'"' i:l W.i1i..i I..._.nY._I i ui~ -H it~i ti i n v i'^..n.. I t"' e.y~ x s~ 4 Y.~.S. i i i a A T e~-.- r...N 'pi i,•-d i' a•I YtiaWa_' i o:o. iR:n~3i 1 e ,e,. Jp„ I I SECTION 5 FUNDING SOURCES FORM Jollyman Park All-Inclusive Playground City of Cupertino SECTION 6 CEQA Jollyman Park All-Inclusive Playground City of Cupertino Creation of an all-inclusive playground at Jollyman Park will comply with the California Environmental Quality Act (CEQA). The project will be a replacement of an existing aging playground with a new playground, within an existing developed park adjacent to existing parking and landscaping. It is expected to qualify for a categorical exemption under the categories Existing Facilities and Replacement and Reconstruction. Appropriate documentation will be filed with the County Clerk when project design has been further refined. SECTION 7 501 (c) (3) CERTIFICATION Jollyman Park All-Inclusive Playground City of Cupertino Not Applicable Applicant is City of Cupertino (a local public agency) SECTION 8 PHOTOGRAPHS OF PROJECT SITE Jollyman Park All-Inclusive Playground City of Cupertino October 2009 CI TY OF CUPE RTI NO, DE PARTME NT OF PUBLI C W ORKS Jollyman Park—Project Site Photographs Jollyman Park All-Inclusive Playground Site October 2018 SECTION 8 County of Santa Clara All-Inclusive Playground Grant Program Application CITY OF CUPERTINO CITY HALL 10300 TORRE AVENUE, CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 FAX: (408) 777 -3333 Jollyman Park is 11 acres and is one of Cupertino’s largest green spaces. It is centrally located within the city and easily accessed via Stelling Road, visible on the left side of the aerial above. Page Two Jollyman Park Site Photos CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS Aerial view of Jollyman Park. A red circle indicates the all- inclusive playground site. Locations of the following 6 site photos are shown on the im- age to the right. JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND 3 4 6 2 1 & 5 Page Three Jollyman Park Site Photos CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Site Photo 1: View from north of site areas showing existing play- ground to be replaced by the new all- inclusive play- ground. Site Photo 2: View from northeast of the site, showing the existing playground. Page Four Jollyman Park Site Photos CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS Site Photo 3: View from east of the site showing the second- ary entrance and existing walkway on the south side of the play area. Site Photo 4: View from south, show- ing the park- ing area west of the playground site. JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Page Five Jollyman Park Site Photos CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Site Photo 5: View from the north, showing the existing berm at the site’s edge. Site Photo 6: View from the north showing the existing walkway paving and entry stairs from parking lot to the west. Page Six Jollyman Park Site Photos CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Site Photo 7: A new walkway from Stelling Road leads to the play area site. Site Photo 8: Bufferered bike lanes on both sides of Stelling Road are popular with cyclists. Page Seven Jollyman Park Site Photos CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS Site Photo 10: Large existing trees at the play site location will be integrated into the playground design. JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Site Photo 9: This aging play structure will be replaced with new all-inclusive features. SECTION 9 REGULATORY PERMITS Jollyman Park All-Inclusive Playground City of Cupertino The all-inclusive playground at Jollyman Park will replace an existing playground area. The project is not expected to involve outside agency permits. The project is expected to require a Building Division permit issued by the City of Cupertino’s Community Development Department and to comply with applicable building codes . It will also be required to demonstrate compliance with other applicable codes and regulations, such as stormwater quality protection measures per the region’s Bay Area Municipal Regional Stormwater Permit Provision C.3, overseen by the regional Santa Clara Valley Urban Runoff Pollution Prevention Program. The project will comply with the California Environmental Quality Act as described in Section 6. SECTION 10 PUBLIC ACCESS SCHEDULE Jollyman Park All-Inclusive Playground City of Cupertino The new all-inclusive playground will be open during daylight hours until one hour after sunset, 365 days per year. Jollyman Park is open during these hours, as are most of Cupertino’s city parks. SECTION 11 PROJECT USE DIAGRAM – CONCEPTUAL PLAN Jollyman Park All-Inclusive Playground City of Cupertino N0' 10' 20'40'60'Art Element (Optional)Open PlayxSeatingxShade SailPlayhousex2 StoryLook OutsArt Wall (Optional)Main EntryxFun Directional SignagexStroller Parking, Bike RacksxDecorative PavingxArborxSound Echo ElementADA Accessible Parkingand Path of TravelExisting PathSound andSensory ZonexLaser Harp (Optional)xMusical Play FeaturesxQuiet CocoonxShade SailStageTot ZonexQuiet CocoonxSlidexClimbing GiraffexKinder BellsxSeesawTheme PlantingSloping Pathwith HandrailsSwing and Sway ZoneProposed Shade Trees -TypicalSpinner ZonexQuiet CocoonxShade SailSlide and Climbing ZoneKindness and Compassion- Quiet Area with"Kindness Wall"Picnic Area underExisting TreesExisting Trees - TypicalBridgesxSway BridgexStable BridgePerimeterOrnamental FencingTextured Zone EntryBandingColored ConcreteClimbing Cargo NetPlanters with Benches -TypicalSynthetic Turf Slopes andClimbing LoopsExisting ParkPlatform Overlookwith Shade SailGateArt Element (Optional)JOLLYMAN PARK ALL-INCLUSIVE PLAYGROUND, CONCEPTUAL PLAN No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 SECTION 12 TIMELINE Jollyman Park All-Inclusive Playground Milestone D�sign Phase Council Authorizes Grant Application Grant Application Deadline Grant Awards Announced Grant Acceptance by City and Funding Agreement Execution (estimated date, depends on County timeline) City Funding Appropriation, FY 2019-2020 budget and capital program Design Consultant Agreement Execution Fundraising Initiated Design Development Complete Community Outreach & Public Participation - throughout design process Construction Documents Complete Fundraising Target Complete Construction Award & Contract Execution Construction Phase Construction Begins Construction Complete Dedication Ceremony Date October 2, 2018 October 12, 2018 December 2018 "'March 2019 July 1, 2019 July 2019 August 2019 March 2020 Aug 2019-Sep 2020 October 2020 October 2020 January 2021 February 2021 November 2021 "'December 2021 ' SECTION 13 CITY COUNCIL RESOLUTION Adopted October 2, 2018 Jollyman Park All-Inclusive Playground City of Cupertino RESOLUTION NO. 18-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING APPLICATION TO THE COUNTY OF SANTA CLARA FOR ALL- INCLUSIVE PLAYGROUND GRANT PROGRAM GRANT FUNDS TO REPLACE , AN EXISTING PLAYGROUND AT JOLLYMAN PARK, AND ANY FUND RAISING OR MATCHING FUNDS AS REQUIRED WHEREAS, the County of Santa Clara has established an All-Inclusive Playground Grant Program (AIPG) in 2017 to provide grants to local cities, school districts, non-profits and/or other governmental entities interested in building All- Inclusive Playgrounds in their communities within Santa Clara County; and WHEREAS, All-Inclusive Playgrounds are accessible not only to persons with physical disabilities, but will also provide recreational play for persons of all ages regardless of ability, such as the needs of people with autism spectrum disorder, sensory challenges, visual and auditory impairments, medically fragile individuals, and those with cognitive, communication, developmental, mobility, or other impairments; and WHEREAS, the County of Santa Clara has invited applications from eligible public agencies and non-profit corporations for such projects that will be constructed within the limits of Santa Clara County; NOW, THEREFORE, BE IT RESOLVED as follows: 1. The Cupertino City_ Council hereby approves undertaking the proposed project to replace an existing playground with an All-Inclusive Playground at Jollyman Park. 2. The Cupertino City Council hereby approves filing an application for AIPG funding to replace an existing playground with an All-Inclusive Playground at Jollyman Park. 3. The Cupertino City Council hereby designates the Public Works Director of the City of Cupertino as its Authorized Representative to sign the grant application and to be responsible for executing all related documents including a grant agreement. Resolution No. 18-100 Page2 4. If the project application receives a substantial AICP grant toward creating an All- Inclusive Playground, then: a. The Cupertino City Council will appropriate $1,200,000 of city funding as a city match toward the cost of delivering the proposed All-Inclusive Playground. b. The City will undertake a formal fundraising effort utilizing a proven, experienced organization to invite donations to provide substantial additional funding toward the project cost, and will suitably acknowledge donors. PASS ED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of October, 2018 by the following vote: AYES: NOES : ABSENT: ABSTAIN : RECUSE: ATTEST: Members of the City Council Paul, Sinks, Chang, Scharf None None None Vaidhyanathan APPROVED : Ei&,~!trNs Grace Schmidt, City Clerk Darcy Paul, Mayor, City of Cupertino ATTACHMENT A DETAILED PLAY EXPERIENCES Jollyman Park All-Inclusive Playground City of Cupertino ATTACHMENT A DETAILED PLAY EXPERIENCES Jollyman Park All-Inclusive Playground The design for Cupertino’s all-inclusive Jollyman Playground is based on our consultant’s seventeen years of experience in public and private inclusive playground design, and specifically on over six years of all-inclusive playground design expertise. This experience includes a familiarity with a large body of research, scientific literature, and the results of ongoing research by experts in development and play for those with special needs. Additional background incorporates firsthand input to from therapists, caregivers and stakeholders through interviews, observation and discussions in their classes and at play on their playgrounds. The design process and play structure selection are further based upon many community and user group meetings to listen and receive input on concepts, features, site components and design ideas, as well as to better understand what really works, what doesn’t work, and what is truly best when designing an all-inclusive playground that is welcoming and accessible for everyone. This attachment was prepared by the consultant firm and reflects their expertise. Benefits of an all-inclusive playground design for people with differing abilities: Persons with special needs, and therefore their friends and families, are often not able to experience the most basic forms of play in public playgrounds. Everybody visiting our all-inclusive playground, including people with disabilities or special needs, will experience the physical, emotional and mental benefits of outdoor play, which include:  Increased physical activity  Improved gross motor skills  Improved cardiovascular health  Increased strength of heart and lungs  Increased blood flow to the brain, cognitive development, and better sleep  Opportunities for those of all developmental abilities to play alongside their typically developing peers  Prosocial behavior and opportunities for helping, sharing, collaboration and learning  Improved vocabulary  Enhanced negotiating skills  Reduced anxiety and improved mood  Reduced symptoms of ADHD and ADD  Improved concentration and focus  Nurturing of self-discipline  Improved self-esteem and confidence  Improved self-regulation The following tables present how Cupertino’s Jollyman Playground all-inclusive design elements will address the play needs of all persons and diverse user groups. Autism Spectrum Disorder and Sensory Challenges Design Elements and Play Experiences 1 in 45 children and adults live with autism. Many living with Autism Spectrum Disorder (ASD) get overstimulated and need spaces to retreat when that happens. The Jollyman Playground provides different types of places to retreat to at varying levels. Seating is amply provided around all play zones allowing those that need time to acclimate to and observe the play experience in a safe place to do so, while in close proximity. Retreat features are also provided in active zones that allow those that need a quiet confined space a safe, inviting place to go. Another important feature of the playground is that it is fully fenced around the perimeter within a landscaped buffer area. This enables those with ASD and sensory challenges to play safely and within a defined space. Color, size and texture choices are also important considerations in creating spaces that are inviting and calming for those with ASD and sensory challenges. The color choices of the walls, fences, surfacing, play features and playhouse will emphasize cool, calming colors such as blue and green. These and other design decisions help provide a tranquil environment and help with stress management, particularly for visitors with autism. All materials and their uses are selected to help create a welcoming and inviting space to play. Tot Zone The Tot Zone is a smaller scale version of the bigger playground. It offers a less overwhelming space with smaller “tot-scaled” features that enable first play experiences and the joy of sliding, swaying, jumping and making music, while mastering the gross motor functions necessary for getting up, down and all around. Scaled- down play equipment is placed in the Tot Zone for smaller and younger people who are developing play skills through the lens of autism. This area invites parents and caregivers for those with autism or related disorders a place to get down on the soft, resilient surfacing and practice Dr. Stanley Greenspan's well-known "floortime" therapy which is based on following a child's instincts. Sound and Sensory Zone The sound and sensory zone is a popular area for those who have autism or sensory challenges. The gentle sounds of a custom developed music feature help sooth while providing an engaging, interactive experience. The equipment does not require musical skill or even much motor function to produce tranquil musical sounds. For those who have difficulty communicating verbally, music provides a way to express themselves in a non-verbal and non- threatening manner. Spacious design will allow for solo or group play with the tones being carefully chosen to create pleasant sound combinations when triggered by players. Speakers are situated to provide appropriate volume for those in the Sound and Sensory Zone while not disrupting or over stimulating those playing in other nearby zones. E Kindness and Compassion Area The Kindness and Compassion Area is another calm, less busy portion of the playground which offers an additional space to retreat to if active play feels overwhelming to a visitor. A mosaic of kindness messages written in words, characters and Braille surround the space offers words of encouragement. For those with autism who are interested in letters, words and semantics, the kindness messages are an invitation to understand what is written there. Braille is not just engaging for the visually impaired, but can also be for those up for the challenge of deciphering a message encoded in tactile dots. Swing and Sway Zone For children and adults with autism or developmental challenges, swinging is much more than play and is often integral in their therapy. The motion of a swing can bring children out of lethargic moods and help calm them and drain excessive energy. When the swing sways back and forth like a pendulum, the motion can be soothing. W hen it spins like a top, the sensation can awaken children. For so many of these individuals, swinging provides essential vestibular movement which helps them achieve developmental milestones. Balance and coordination are two developmental domains that autistic children often struggle with and swinging has proven to be beneficial. Multiple types of swing elements are provided to offer children with autism and other sensory challenges the swing that best suits their needs. Those with more advanced gross motor skills are challenged to coordinate their movements to provide the necessary forces to deliver the swinging sensations they love. Spinner Zone The Nest Spinner offers a quiet and secure spinning experience, which for some can be a valuable reprieve from frenetic and overstimulating play. Slow, soothing and rhythmic spinning is less likely to overwhelm senses while stimulating vestibular activity and sensory integration. The Nest Spinner is the smallest piece of spinning equipment in this zone and is ideal for those who may become overstimulated playing with a larger group. Slide and Climbing Zone The Slide and Climbing Zone provides a variety of slide types to choose among. One slide will be a long roller slide, which is particularly soothing to a person with autism. Autistic children respond to texture and movement which makes this feature both exciting and calming for them. Skills learned here, such as asking another child to play or who should go first, assist with the development of social skills. The Slide and Climbing Zone design offers multiple ways for a parent, friend or caregiver of a person with autism to help facilitate the fun of sliding while providing close support. Playhouse The two-story Playhouse has retreat spaces that are calming with open areas and enclosed spaces. These allow those with autism to take a break, and re-enter active play when ready. The playhouse’s interior has fun visual and tactile features to invite imaginative play. An upper walkway, platform and bridges offer fun, calm views of the overall playground and surrounding park, while connecting the Slide and Climbing Zone to the second floor of the of the playhouse. Interesting and playful architecture with soothing colors and textures are among the many thoughtful design decisions that are integrated into the playhouse, developing a welcoming atmosphere for those with autism and sensory differences. Mobility and Physical Impairments (includes wheelchair users) Design Elements and Play Experiences The entire Jollyman Playground, all play equipment and experiences, is accessible for those in wheelchairs or using mobility devices. The surfacing, layout, elevated spaces, play structures and site features are all designed and constructed with these users in mind to ensure there are no barriers to their play and enjoyment. Tot Zone One of the main features of the Tot Zone is a smaller scale and wheelchair-accessible slide and climbing slope. These offer a less overwhelming structure for coordinating motor skills to get up and down the terrain to the top of the slide entry area. Additional Tot Zone structures and tactile play features are wheelchair accessible and offer smaller and younger people with mobility impairments appropriate equipment to engage in active play. Sound and Sensory Zone Smooth even surfacing with open access is provided to each sensory element. Musical features can be triggered by varied parts of the body and/or assistive equipment. Simple sound generating mechanisms allows for interaction with minimal ability. The interactive area around the optional laser harp is wide enough to accommodate multiple users while still allowing others to freely pass by. Can be utilized in a static position or while moving in a wheelchair or other device. Kindness and Compassion Area The Kindness and Compassion Area features wheelchair- accessible tables for sitting and enjoying a snack, playing a game of chess or checkers, or reading a book. Special high-seat benches with arms and backrests will be inviting for those with some lower- body impairment and for elderly visitors that have difficulty standing up from traditional height seating. Swing and Sway Zone Multiple swing elements provide the opportunity for all to swing safely, comfortably and with a caregiver or friend. Disk Swings are supportive, allowing for use by all abilities, and promote collaborative swinging. A smooth and carefully designed sloping access to the Sway Glider allows those unable to leave their mobility device the ability to enjoy gentle swaying with no need to transfer. Large open spaces between elements and equipment increases ease of access and safety. Spinner Zone The spacious Spinner Zone allows ample access to all sides of the equipment. Flat ground access allows users to transfer to bottom platforms and feel the thrill of the Net Spinner with others of all abilities. The Ground Carousel is set flush to adjacent surfacing, allowing people who use wheelchairs (manual or power driven) to roll their mobility device onto the base of the carousel and to spin and play alongside others. Dish spinners allow an opportunity for those with very limited mobility to get onto the feature, plus those in wheelchairs with arm strength can transfer on the disk. Slide and Climbing Zone The Slide and Climbing Zone offers a wide variety of sliding experiences that are accessible to those with mobility impairments and meet varying degrees of ability levels. For access the top of the slide area (which is approximately 8 feet above the play surfacing below), there is a gently sloped (less than 5%) firm, all-weather path that surpasses ADA standards for paths of travel. The width of this and other pathways is generous, inviting and encouraging two-way traffic. The design of the Sway Bridge along the path at the top of the slide mound offers wheelchair users and those with limited mobility the opportunity to feel sensory stimulation and sway at elevated heights. Dignity Landings at bottom of slides allow users to move to the side and out of the way from other slide users, while waiting "with dignity" for a caregiver's assistance. Padded surfacing and climbing elements placed on slopes of the slide provide assistance to traverse the terrain of the mound. Openings in the railing at the top of the Slide Zone are narrow to prevent a wheelchair from going down its steep slope. Playhouse and Stage The Playhouse, Stage and open seating area are carefully designed and built for adults and children with physical disabilities. The two- story playhouse is designed and built to meet their special needs. For guests who use a wheelchair or have mobility challenges, they too can play at elevated heights, just like everyone else. Elevated platforms and bridges with sloped walks at less than 5% allow ease of access. As elsewhere in the playground, accessible pathways and entrances to the playhouse and stage are wide enough for two- way traffic and are provided to all areas and floors of the structure. Safety railings are provided along all sloping and elevated walkways. Visual and Auditory Challenges Design Elements and Play Experiences The all-inclusive Jollyman Playground will be accessible to those with visual and auditory challenges. For the visually impaired, a need for predictability of the playground design layout is critical for their ease of navigation. Layout, organization, and mindful design are important to safety and navigating the play space. Well thought out grouping of equipment into play zones makes the overall playground layout easier to discern and to mentally map for persons with visual Impairments. Throughout the playground and at each play zone, wayfinding aids that incorporate Braille, large print and tactile navigation elements, as well as mindful handrail placement throughout playground space, will help provide ease of circulation as well as predictable, clear demarcation of each use area. Each play zone entry with have a band of textured concrete paving that can be seen with limited vision and is also detected by canes and wheelchairs’ travel over the rougher surface. Entry points into the play zones are positioned away from active play elements to limit the chance of walking into any apparatus. Tot Zone A “Climbing Giraffe” (or similar themed climbing feature) is accessible to visually and auditorily impaired tots. The Climbing Giraffe, with its playful structural shape and different materials, is interesting from a tactile perspective for people with visual impairments. The Kinder Bells allow children to hold on to the rings and create musical sounds with confidence. Sound and Sensory Zone The electronic and self-actuated music features of the Sound and Sensory Zone are all accessible. A range of mellow tones allows enjoyment for some with auditory impairments. Kindness and Compassion Area Graphics for the Kindness and Compassion Area will feature all accessible graphics (large print characters and text in sans serif fonts); fonts and background colors will be chosen for high contrast. Swing and Sway Zone The Sway Glider is fully accessible to the blind or visually impaired. The railings on the ramp leading up to the Sway Glider allow for the safe boarding and disembarking from the feature. The motion of the equipment is a gentle rocking back-and-forth which works well for blind users. A variety of swing seating types that safely secure the user provide options for all to experience a wide range of swinging types. Spinner Zone The Nest Spinner offers the most secure, slowest and most controlled spinning experience, which is ideal for blind users who are new to the world of playground equipment that spins. The Ground Carousel offers convenient hand holds and a predictable sensation of spinning, contributing to blind and visually impaired users’ feeling of safety when using the equipment. Also, a sighted helper can sit next to a user on the Ground Carousel, which can give an extra feeling of reassurance when using the equipment. All of the spinners are safe and enjoyable for all auditory abilities. Slide and Climbing Zone The fun and diverse Slide and Climbing Zone offers several advantages for the blind population, included its predictable design. All the slides and openings are conveniently accessed from the top platform with clear entry points along the top railing. The playground will feature large print and Braille signage at the open railing entries of the different slides at the slide platform. The signage will include brief descriptions for the safe use of the equipment. A Double or “Group” Slide offers a great opportunity for blind or visually impaired persons to slide with a sighted helper or friend. This can help ease fears of the sliding experience for persons who are new to sliding. “Dignity landings” at the bottom of slides offer a place to move to the side while a user folds out her or his collapsible sensing cane. Turf Sliding is fun and practical for the blind population, although some may need the accommodation of having a sighted helper. Climbing Loops on the slope of the slide hill can be challenging but are a fun obstacle course to negotiate. Playhouse The playhouse entries and railing will include Braille arrows to assist blind people with navigation of the platform, bridges and overhead walkways. Cognitive and Developmental Disabilities Design Elements and Play Experiences According to the US Centers for Disease Control data, 10% of our adult population has cognitive disabilities. To allow everyone a fun and memorable play experience, the Jollyman Playground equipment is selected in sizes which accommodate every age. Each item is easily operated, even by those with delayed development or impaired cognitive abilities. Tot Zone Intended for visitors under 5, the Tot Zone is a fun introduction to learning how to navigate the full-scale Slide and Climbing Zone. Naturally, everything in this zone is inclusive. Sound and Sensory Zone The interactive music elements are carefully designed to be operated by those with very limited cognitive or physical abilities. For those who have difficulty communicating verbally, music provides a way to express themselves in a non-verbal and non- threatening manner. Kindness and Compassion Area The Kindness and Compassion Area represents the core values inherent in social play at all-inclusive playgrounds, including the valuable lessons of inclusion and kindness. Vibrant colors and tactile experiences highlight this feature that is strategically situated near the picnic area. These spaces are welcoming and inviting to all, giving those with cognitive and developmental disabilities a clear feeling of being included in the social interactions. Swing and Sway Zone Disk swings allow a wide range of positions and are appealing for users of all sizes and all development levels. ‘Expression’ swings provide face-to-face contact during swinging; they build attunement (emotional connection) and are welcoming for pre-verbal or non- verbal users and the developmentally disabled. Bench seating surrounding the zone is spacious and inviting which provides necessary rest for those doing both the swinging and the pushing. Spinner Zone Those with cognitive and developmental disabilities need a predictable, calm and secure place to spin. All of the spinners in the design are simple to operate and control, delighting those who simply want to spin alone or be part of the community at large. This zone is one of the most popular places for those with serious developmental delays. Slide and Climbing Zone Children and adults with cognitive and developmental disabilities need a predictable and safe place to climb and slide, offering taller openings, wide entrances and safe slide and climb. The roller slide offers children with cognitive and developmental disabilities a variety of developmental benefits including: balance, coordination, motor planning, problem solving and social skill development. Many children and adults with developmental disabilities use all of the slides (especially children with Down Syndrome). Turf sliding offers an additional level of sliding challenge and fun. Climbing loops invite the development of upper arm strength and balance while encouraging social interaction, and provides support to climb the slopes. Playhouse The Playhouse and the Stage area provides a welcoming space that sparks the imagination. The premise is that everyone is welcome to be on that stage, run and twirl or just hang out and observe the fun around them. The playhouse is sized for the youngest of children up to adults, which includes the older visitors who still play like young children. Seniors and Other Adults with Disabilities Design Elements and Play Experiences Playground zones include a wide variety of play components that accommodate adults and seniors with disabilities. Clear, predictable layouts, gentle grades, handrails throughout the playground, and enclosed play zones make the playground an ideal space for seniors with physical or cognitive impairments. This design helps them to engage in activities that promote physical, emotional, and psychological well-being. Ample shaded seating throughout the playground allows those that need a place to sit, relax and observe. Parents with disabilities have a unique and rare opportunity to play side-by-side with their children and community at large. Sound and Sensory Zone Music has been shown to have significant emotional and psychological benefits for seniors, especially those suffering from dementia. The sound elements make it possible for seniors with limited mobility or decreased cognitive functioning to create music interactively and encourages physical movement. Plenty of space in this zone allows seniors and kids to play at the same time without crowding. These are valuable moments where the old and young can learn from each other. Parents with disabilities can engage with the music features together with their children and community, offering a fun opportunity to play, teach, learn, and create together. Kindness and Compassion Area The Kindness and Compassion Area is the area of the playground where rewarding inter-generational fun takes place. Sometimes, it's parents and grandparents sitting together with a book; other times, they are reading through the many kind sayings and talking about them. It is designed to be a quieter, less busy area which invites guests to sit at wheelchair-accessible tables, enjoy a snack, play a game, or look at a book. The ground surfacing of the Kindness and Compassion Area is a bonded rubber material that is ideal for those seniors with mobility challenges and those who use wheelchairs to access. Swing and Sway Zone Smooth surfacing access allows seniors and our aging population direct and easy access to all bucket and disk swings. The Sway Glider is inviting to seniors. It includes hand holds, and a table on it doubles as a steadying handle. Safety harnesses on the bucket swings offers a greater degree of safety compared to traditional swing equipment designs. Spinner Zone The spinners in the Spinner Zone fit all ages, abilities and sizes, promoting social interactions. Different and accessible seating options allow for low barrier sensory play. In addition, spinners encourage multi-generational visitors to play and spin together, promoting social engagement, positive emotional connections, and community participation. Slide and Climbing Zone For more active seniors, the Slide and Climbing Zone offers three slides that vary in difficulty, angle, and impact. Each of the three main slides has a wheelchair-accessible transfer deck at the top of the slide which can also be used as a convenient place to sit to assist a child with getting onto one of the slides. For those seniors with physical challenges that want to access the top or the slide (which is approximately 8 feet above the grade level of the playground) there is a gently sloped path. The incline or the ramp slope of the path exceeds ADA guidelines with a slope of under 5% and sturdy handrails along the entire path. Level spaces and seating around the top platform allow for supervision of activities while being seated. Playhouse and Stage Shade from beautiful trees, and a stage for music and theater create a welcoming community gathering space for people of all ages. The playhouse provides a dynamic imaginative play structure offering collaborative play opportunities for all abilities. Social interactions offered by this space are especially important for seniors who often feel isolated in their communities. Medically Fragile Design Elements and Play Experiences To enable medically fragile children and adults the freedom to play, without fear of harming or jeopardizing their tubes and health, there is no sand or bark mulch inside the playground. Tot Zone The main area of the Tot Zone has level surfacing. This area provides bench seating with back support to allow seated observation of the activity in the Tot Zone. The slide mound in the Tot Zone is a small-scale version of the main playground slide area. Access to the top of the Tot Zone slide mound is a gentle sloped path with a continuous handrail. By designing the playground to enhance children's playground experiences through the consideration of sociability and playability of the equipment, and going beyond what is minimally required by law for children with disabilities, we can promote play in children of all ability levels within an inclusive setting. Sound and Sensory Zone The area is wide enough to accommodate multiple users while still allowing others to freely pass by. Simple sound generating mechanisms allows for interaction with minimal ability and can be utilized from more than one position. Motion sensors for the optional Laser Harp electronic musical feature are highly accurate from a large distance and are sensitive enough to detect minimal movement; sensors can be triggered by any kind of body and/or assistive equipment. Kindness and Compassion Area A separate open space with wide entrances and smooth surfaces make perusing the Kindness and Compassion Area a relaxing and timeless experience. Attractive colors and positive messaging lift the spirits of anyone who spends time here. Swing and Sway Zone The Swing and Sway Zone features several types of play equipment for visitors to experience the joy of swinging and swaying. The Sway Glider has a sloped entrance and is fully wheelchair accessible. It provides a very controllable and gentle swaying motion ideal for those that need to avoid jarring motions for health reasons. The Disk Swings are wheelchair-accessible for those that can transfer and are also ideal for those that lack the core/trunk strength to support their abdomens on a typical playground swing. Spinner Zone Ground surfacing consists of padded surfaces, artificial turf, or firm level concrete, allowing the medically fragile to feel safe and secure to freely play, without fear of jeopardizing their health and wellbeing. Slide and Climbing Zone For the medically fragile that can safely engage in active play, the Slide and Climbing Zone offers three main slides that vary in difficulty, angle, and impact. Each of the three main slides has a wheelchair-accessible transfer deck at the top and a “dignity landing” at the bottom. For the medically fragile with physical challenges that want to access platform at the top of the slides, there is a gently sloped path with two heights of continuous handrails. There are also the slightly more challenging ways of getting up and down from the slide and climbing platform, including the Climbing Loops and a Climbing Cargo Net. Each of the features offers something to pull or push up on with the arms for those whose legs aren't strong enough or those that may have vestibular issues. Playhouse and Stage The Playhouse is a two story house that is entirely accessible to those in wheelchairs and to those with other mobility issues, by offering thoughtfully designed sloped paths and bridges. Tactile and imaginative play features within the playground are all wheelchair- accessible. The edge of the stage has a short vertical barrier and caution stripes to prevent an ambulatory person from falling off the stage or a wheelchair from rolling off the stage. ATTACHMENT B PROJECT SETTING Jollyman Park All-Inclusive Playground City of Cupertino  Cupertino Vicinity Aerial View  Project Location Map  Project Site Aerial View - labelled Project Setting— Cupertino Vicinity Aerial View Jollyman Park is located centrally within Cupertino, on South Stelling Road. It is easily accessed by vehicle from Highway 280 and Highway 85. The site is served by buffered bikeways and spacious sidewalks on Stelling Road. JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND ATTACHMENT B Proposed Jollyman Park All-Inclusive Playground I-280 Project Setting—Project Location Map The playground site at Jollyman Park is in proximity to popular daily destinations such as Cupertino’s Library, Civic Center, Sports Center, Teen Center, Senior Center, and Quinlan Community Center, as well as De Anza College. JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Proposed Jollyman Park All-Inclusive Playground ATTACHMENT B Within Cupertino Parks & Recreation System Project Site Aerial View—Labelled Jollyman Park currently provides two playgrounds, both on the west side near the Stelling Road frontage and a generous parking area. The new All-Inclusive playground will replace an existing aging one. Public restrooms on the site serve park visitors, as do a range of park amenities such as benches, drinking fountain with water bottle filler, and trash and recycling receptacles. The looped pathway system is all-weather surfacing and fully ADA-compliant. Pedestrian and vehicular access to the park exists at 4 locations: S. Stelling Road, De Foe Drive, Dumas Drive, and Tuscany Place. Additional on-street parking is available along the park’s Stelling Road frontage. JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Dumas Drive Entry and Parking Buffered Bike Lanes, both ways, Stelling Rd. ATTACHMENT B De Foe Drive Entry and Parking Tuscany Place Entry and Parking Dumas Drive S. Stelling Road De Foe Drive Restroom Building Pathway system New Walkway from Stelling Rd. to play site All-Inclusive Playground Site Parking Lot off Stelling Rd Existing Playground ATTACHMENT C SAMPLE PLAYGROUND EQUIPMENT PHOTOS Jollyman Park All-Inclusive Playground City of Cupertino October 2009 CI TY OF CUPE RTI NO, DE PARTME NT OF PUBLI C W ORKS Jollyman Park—Sample Play Equipment Jollyman Park All-Inclusive PlaygroundD—Sample Play Equipment October 2018 ATTACHMENT C County of Santa Clara All-Inclusive Playground Grant Program Application CITY OF CUPERTINO CITY HALL 10300 TORRE AVENUE, CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3354 FAX: (408) 777 -3333 “Expression” Swing, photos above and right Swing and Sway Zone Sway Glider, photo above Disk Swing, photo right Page Two Jollyman Park Sample Play Equipment CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS Net Spinner, photo below right Dish Spinner, photo below left JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Integration Carousel, photo left Nest Spinner, photo below Spinning Zone Page Three Jollyman Park Sample Play Equipment CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Laser Harp, photo above Xylophone and kettle drums, photo right Chimes, photo left Tuned drums, photo below Sound & Sensory Zone Page Four Jollyman Park Sample Play Equipment CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS Climbing hill, photo far left Climbing Cargo Net, immediate left photo Roller Slide, both photos above. Climbing Loops, above left Dual Parallel Slide, both photos right JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Sliding & Climbing Zone Page Five Jollyman Park Sample Play Equipment CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND ‘We saw’ Seesaw, photo left Seesaw, photo below Kinder Bells, photo center left “Climbing Giraffe” climbing structure, photo above Double Slide mound, tot size, photo left Tot Zone Page Six Jollyman Park Sample Play Equipment CITY OF CUPERTINO, D EPARTMENT OF PUBLIC WORKS JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Two story all- inclusive custom play- house, photo right and above Cozy Dome, photo far left Cozy Cocoon, photo left Playhouse & Quiet Retreats Photos in this section may be provided by manufacturers, suppliers or sponsors including but not limited to Landscape Structures, Dynamo, Goric, GameTime, Kompan, PlayLSI, Sutcliffe Play, Jen Lewin Studio, Barbara Butler, Moonshot Recreation, Magical Bridge Foundation and others. Spintastic_Cocoon.jpg ATTACHMENT D REGIONAL MAP NEARBY ALL-INCLUSIVE PLAYGROUNDS Jollyman Park All-Inclusive Playground City of Cupertino Regional Setting of All-Inclusive Play Areas This map of western Santa Clara County highlights the major existing or planned all-inclusive playgrounds with red pins. These play areas are ~3/4 to 1 acre in size and offer a full range of amenities for all ages and abilities. San Jose’s Rotary PlayGarden and Palo Alto’s Magical Bridge playground in Mitchell Park are open. Sunnyvale’s Magical Bridge playground at Fair Oaks Park and Mountain View’s in Rengstorff Park are planned. (An additional one planned at Emma Prusch Park is farther east.) The area south and west of these sites lacks a major all-inclusive playground. The Jollyman Park All-Inclusive Playground will serve these communities. Residents of Los Altos, Saratoga, Los Gatos, Campbell, west Santa Clara, west San Jose, south Sunnyvale, and unincorporated County lands, as well as Cupertino residents, will benefit from having a top-quality all-inclusive play area nearby. JOLLYMAN PARK ALL -INCLUSIVE PLAYGROUND Mtn. View Magical Bridge Playground Proposed Jollyman Park All-Inclusive Playground Palo Alto Magical Bridge Playground Sunnyvale Magical Bridge Playground San Jose Rotary Play Garden ATTACHMENT D ATTACHMENT E MAINTENANCE PLAN Jollyman Park All-Inclusive Playground City of Cupertino ATTACHMENT E – MAINTENANCE PLAN Jollyman Park All-Inclusive Playground MAINTENANCE PLAN - CUPERTINO PARK CLEANUP, HEALTH & SAFETY INSPECTION TASK DESCRIPTION BASIC SERVICE LEVEL- FREQUENCY Health and Safety Inspections Inspect all parts of the facility, identify any health and safety concerns, and immediately remove, repair, and/or address any dangerous or potentially dangerous conditions or safety hazards. Daily Refuse Removal Remove all trash, debris and other articles from trash receptacles, replace trash liners (bags). Daily Maintain and Repair Irrigation Systems Check system, adjust, repair, or replace sprinkler heads as needed. As needed Graffiti Abatement Immediate removal of graffiti by washing, cleaning, and repainting (with matching paint) of affected areas Within two business days RESTROOM MAINTENANCE TASK DESCRIPTION BASIC SERVICE LEVEL- FREQUENCY Opening and Closing Open and close daily. Daily Restocking and Trash Removal Restock paper towel dispensers, toilet paper dispensers, toilet seat cover dispensers and hand soap dispensers; empty and replace liners on trash bins and sanitary napkin bins. Daily Fixtures Maintenance Repair/replace fixtures. As needed Cleaning Clean drinking fountains, counters, diaper changing stations, sinks, mirrors and handrails; wipe ceilings and vertical surfaces; clean paper towel dispensers, toilet paper dispensers, toilet seat cover dispensers and hand soap dispensers; scrub and disinfect toilets and urinals including sides and chrome pipes; remove graffiti or chewing gum from all surfaces; sweep floors, including entrance area and damp mop with disinfectant solution. Daily LANDSCAPE, IRRIGATION & HARDSCAPE MAINTENANCE TASK DESCRIPTION BASIC SERVICE LEVEL- FREQUENCY Irrigate Park Water turf and landscape according to industry standards to maintain plant materials and save water. As needed Maintain Landscape Plantings Trim and fertilize. Monthly Blow Walkways, Pathways & Surfacing Clean hardscape around facilities. Weekly As needed in winter season Backflow Prevention Testing Perform annual backflow prevention test. As needed Clean Drinking Fountains Perform routine cleaning and check drainage & operation. Weekly Power Wash Surfaces Clean picnic tables, BBQ pits and hard surfaces. As needed Mow Natural Turf Mow natural turf, blow and remove any debris on pathways/walkways. Weekly during growing season As needed in winter season Leaf Removal Rake, blow, collect and dispose of leaves. Weekly As needed in winter season Trim and Edge Natural Turf Trim and power edge natural turf perimeter, blow and remove clippings. Two times per month Hedging Hedging to retain shape, fullness. Two times per year Aerate Natural Turf Aerate turf. Two times per year Fertilize Natural Turf Apply fertilizer (winter formulation & spring formulation) to turf using a spreader. Two times per year Overseed Natural Turf Top dress and seed turf; perform spot area repairs. One time every two years with spot repair as needed Renovate Natural Turf Fence off project area, fill low spots, aerate, dethatch, re-seed or re-sod. As needed Abate Weeds in Turf Areas Abate broadleaf weeds; submit required use reports. Two times per year Abate Weeds in Non- Turf Areas Spray tree basins, skinned areas and natural areas with organic herbicide; submit required use reports. As needed Tree Trim/Prune/Removal Emergency trimming or removal identified within 4 hours. As needed Vector Control Provide rodent control and removal to maintain safe and attractive landscape. As needed INFRASTRUCTURE REPAIR TASK DESCRIPTION BASIC SERVICE LEVEL- FREQUENCY Park Infrastructure Repairs Repair improvements. As needed ATTACHMENT F FUNDING & FUNDRAISING INFORMATION Jollyman Park All-Inclusive Playground City of Cupertino  Narrative  Magical Bridge Foundation Partnership Services  Sample Fundraising Materials, Magical Bridge Playground, Morgan Hill - Community Park  Sample Fundraising Materials, Magical Bridge Playground, Mountain View - Rengstorff Park ATTACHMENT F FUNDING & FUNDRAISING INFORMATION Funding will be provided by the City, the AIGP grant, and donations. The City has committed to providing $1.2 million in City funds. The proposal requests a $1.8 million AIGP grant. The balance will be provided by donations and via fundraising. On October 2, 2018 the Cupertino City Council discussed this project at a public meeting, In the adopted resolution, the Council committed to undertake a formal fundraising effort to attract the significant donations needed. Fundraising not only will provide the necessary dollars; it will also engage residents and businesses and build a stronger sense of community participation and ownership. Primary options include working with Magical Bridge Foundation or hiring a professional fundraising firm. Staff will return to the City Council with further information to secure approval of the fundraising method. There was not enough time prior to develop well-prepared, detailed options sufficient for an informed City Council informed prior to the grant application deadline. Staff has been in regular contact with Magical Bridge representatives since early 2016. We remain in active contact. Founder Olenka Villareal confirmed this month that she and the Magical Bridge Foundation are available and interested in working with the City on the design, fundraising and delivery of a Magical Bridge playground in Cupertino, should the City Council so approve. See the following pages for samples of Magical Bridge Foundation fundraising efforts for other similar projects. Alternatively, the City could work with an independent fundraising firm. Staff will evaluate qualified professional firms with successful experience to identify strong choices for professional fundraising. Staff will secure the City Council’s concurrence on a fundraising strategy and report the results to County staff. In either option, we anticipate an active donation campaign with ongoing active publicity using a variety of conventional means and social media. Appeals will be made to community groups, schools and businesses, and will include activities that build community involvement. We also anticipate a donor wall at the site, or other more unique custom feature, to spotlight donations at various levels and publicly honor donors’ contributions. The City will seek additional grants, partnerships and sponsorships. Cupertino has strong experience in securing grants and successfully administering them. High quality projects such as the McClellan Ranch Environmental Education Center, Don Burnett (Mary Ave.) Bicycle Pedestrian Bridge over Highway 280, Stevens Creek Corridor Park & Restoration, and others have been delivered in collaboration with multiple grant programs and with excellent results. The City will actively pursue other funding sources for the playground, including but not limited to grant programs. We are confident that the fundraising target will be met. Our community’s residents and businesses have a strong track record for generosity. For example, when we opened the new Cupertino Library, our community donated $1.2 million to the Cupertino Library Foundation toward the costs of its furnishings ($1.6 million adjusted for inflation), and subsequently donated another $1.8 million. Last year, Cupertino’s Rotary Club raised over $250,000 in cash and distributed it to local charitable causes. West Valley Community Services, which also based in Cupertino, last year attracted $1.3 million of in-kind contributions and over $500,000 in cash donations. This year, Cupertino-based Apple Inc. donated $250,000 toward an all-inclusive playground in Sunnyvale. Our community is known for generous donations. DESIGN AND DEVELOPMENT OF A MAGICAL BRIDGE CERTIFIED PLAYGROUND Leveraging over 10 years of research, development and experience. • Design: perform and prepare all necessary designs and technical specifications; project management through completion and certification of final design. • Playground Visuals: design and produce playground visuals, including signage and development of cohesive elements throughout the playground. • Construction: support construction manager by participating in construction meetings, inspections, and responding to requests • Equipment: identify inclusive equipment, pricing and procurement and advise on all aspects of creating the most inclusive & innovative space possible. COMMUNITY ENGAGEMENT, MARKETING, AND PUBLIC RELATIONS Exciting everyone about the “magic” of a new kind of community playground. • Community Engagement: host meetings with local groups, schools, businesses and foundations to promote support of playground project. • Marketing Collateral: create licensed marketing and communication materials to promote community awareness. • Training: train and develop local leaders to maintain and grow community support and messaging. • Digital and Social Media: create a dedicated landing page on magicalbridge.org for the project, and leverage Facebook, Twitter, Instagram, Youtube, Pinterest, etc. to share community announcements and playground updates. • Media Relations: ignite local and national media (reporters, journalists, bloggers, influencers) about the playground project and City’s commitment to inclusive play. FUNDRAISING SERVICES Expertise and industry leadership to ensure project is fully funded. • Fundraising: engage community donors, corporations, and foundations to secure necessary commitments to bridge gap between city finances and project costs. • Online and Offline: build, promote and manage online pages and offline events. • Grant Writing: prepare grant applications for funding of playground project. MAGICAL BRIDGE FOUNDATION • 654 GILMAN STREET, PALO ALTO CA 94301 • WWW.MAGICALBRIDGE.ORG JILL ASHER • JILL@MAGICALBRIDGE.ORG • 650 520 8512 | OLENKA VILLARREAL • OLENKA@MAGICALBRIDGE.ORG • 650 380 1557 “PLAYFUL” PARTNERSHIP WITH MAGICAL BRIDGE FOUNDATION Collaborate. Cultivate. Celebrate Everyone. Together, we bring to life an innovative and truly inclusive playground for all ages and all abilities -- in YOUR community. Leveraging the innovative spirit of Silicon Valley, Magical Bridge Playgrounds are mindfully designed to address the unique needs of the entire community. With an underlying message of kindness, compassion and empathy, Magical Bridge removes the barriers of today’s typical playgrounds and gives everyone a place to play together as never before. Join us on the journey to bring truly inclusive play to everyone in Morgan Hill! “MAGIC” is Coming to Morgan Hill! MORGAN HILL , CA Magical Bridge Playground Mitchell Park, Palo Alto, CA The Magic Starts With YOU There are many ways to get involved in bringing Magical Bridge Playground to Morgan Hill — from your generous donation to hosting an event to increase community engagement. No amount is too small and everyone is welcome to join the effort! The City of Morgan Hill has shown their commitment to the project with a significant contribution. Now, as a community, we need to raise additional funds to make Magical Bridge Playground in Morgan Hill a reality. Your donation will give countless families a place to play together — some, for the very first time. With major sponsorship as outlined below, your name will be prominently displayed in the playground and on the donor wall. Please contact Magical Bridge Foundation for zone selection assistance or to discuss corporate matching, foundation grants, and other sponsorship opportunities. ZONE SPONSORSHIP PLAYHOUSE + PLAYSTAGE $450,000 SLIDE MOUND $450,000 INNOVATION ZONE $250,000 SWING & SWAY ZONE $250,000 SPIN ZONE $250,000 TOT ZONE $250,000 KINDNESS CORNER $150,000 ART & MAGICAL TOUCHES SIGNATURE ART PIECES $50,000 AUTISTIC RETREAT HUT $25,000 BUDDY BENCH $10,000 In addition, donor wall tiles are available for purchase at www.magicalbridge.org/morganhill. Please donate online or make your check payable to “Magical Bridge Foundation” and mail to: Magical Bridge Foundation, 654 Gilman Street, Palo Alto, CA 94301. We will contact you for your donor wall inscription, estimated character counts below: EXTRA LARGE TILE (120 characters) $5,001 - $10,000+ LARGE TILE (90 characters) $1,001 - $5,000 MEDIUM TILE (30 characters) $501 - $1000 Contact Us MAGICAL BRIDGE FOUNDATION 654 Gilman Street, Palo Alto CA 94301 www.magicalbridge.org Jill Asher, Co-Founder Email: jill@magicalbridge.org Phone: 650 520 8512 Olenka Villarreal, Co-Founder & Founder, Magical Bridge Playground Email: olenka@magicalbridge.org Phone: 650 380 1557 Magical Bridge Foundation is a registered 501(c)3 non-profit organization and donations are tax-deductible to the extent recommended by your tax advisor. Tax ID: #81-2377796 © 2017 Magical Bridge Foundation. All rights reserved. It all starts on the playground! All Abilities. All Ages. All Welcome. Introducing Magical Bridge Playground in Morgan Hill, California It all starts on the playground! INNOVATION ZONE $250,000 The Innovation Zone provides unique and interactive play experiences, such as the artist-designed 24-string laser harp. Utilizing technology, art, sound and design, this popular zone stimulates the full array of human senses in an entirely new way. TOT ZONE $250,000 Outdoor play is a critical way for young children to create friendships, explore, take risks, develop fine and gross motor development, and absorb knowledge, including the valuable lessons of inclusion and kindness. The Tot Zone is designed for ages 1-4. SPIN ZONE $250,000 Rotary vestibular input, caused from spinning, is the most powerful form of sensory input that the brain can process. A popular group activity, the climbing net spinner and ground-level carousel are accessible for all ages and abilities so everyone can spin together! KINDNESS CORNER $150,000 The heart of Magical Bridge, this gathering place promotes reflection, compassion and education. It helps spark conversations about making friends with those who are “different,” modeling positive behavior, and encouraging kids to be up-standers to address the issues of bullying. Leave a lasting legacy. With early sponsorship of a play zone, you will have the unique opportunity to offer input on design and equipment selection. Your name will be prominently displayed in the playground showing your commitment to the community for generations to come. Play zone sponsorship is available on a first-come, first-served basis. SLIDE MOUND $450,000 Sliding helps coordination, balance and movement, and the Slide Mound is uniquely accessible for all (even wheelchair users). The Slide Mound features a group slide, curvy slide, stimulating roller slide, climbing loops, a climbing net, and more. SWING & SWAY ZONE $250,000 Swinging creates vestibular stimulation critical to maintaining body posture, balance and equilibrium. The bucket swings, group disc swings, and sway boat accommodate all ages and abili- ties giving everyone the opportunity benefit from this important motion. Community Park Morgan Hill, CA Proposed general footprint for Magical Bridge Playground (exact position to be determined) The real “magic” of a Magical Bridge Playground is that it is a fun and welcoming place for visitors of all ages, all sizes and all abilities. In short, everyone! Magical Bridge Playground in Morgan Hill will feature elements inspired by the area’s unique landscape and incorporate values of its community. The play zones planned for Morgan Hill’s play- ground development include: 1 Playhouse & Stage 2 Innovation Zone 3 Climbing Zone 4 Swing & Sway Zone 5 Climbing Wall 6 Spin Zone 7 Slide Mound 8 Water Spray 9 Amphitheater & Stage 10 Tot Zone 11 Kindness Corner A New Kind of Community Playground Regardless of Ability, Disability, Size or Age, Everyone Plays Together at Magical Bridge Playground. Where Everyone Plays The first of its kind, Magical Bridge Playground is a public play space that delights everyone — all ages, all sizes, and all abilities. Magical Bridge Playground addresses the unique play needs of everyone in the community. While an estimated 20% of our nation’s individuals are living with a disability, only 10% of them use a mobility device. That means that the other 90% are living with autism, sensory challenges, cognitive and developmental issues, and complications that arise from aging. They play differently and, until now, the needs of this large subset of our community have not been considered. The success of Magical Bride Playground clearly illustrates how today’s typical park designs overlook so many — and how important it is for the health and wellbeing of every community for everybody to have a place to play together. PLAYHOUSE + PLAYSTAGE $450,000 Through pretend-play, children experience the full range of their senses and feelings. Since 1987, Barbara Butler Artist-Builder, Inc. has created over 600 unique play structures — and their first wheel- chair-accessible, two-story playhouse was designed and built especially for Magical Bridge. This beautiful structure will surely be cherished for years to come. ADDITIONAL FEATURES FOR SPONSORSHIP Entry Court Art Piece $50,000 Interactive or Water Spray Features $50,000 Autistic Retreat Cocoons $25,000 Buddy Benches $10,000 (artwork shown is concept only; final selection TBD) INNOVATION ZONE $250,000 The Innovation Zone provides unique and interactive play experiences, such as the artist-designed 24-string laser harp. Utilizing technology, art, sound and design, this popular zone stimulates the full array of human senses in an entirely new way. TOT ZONE $250,000 Outdoor play is a critical way for young children to create friendships, explore, take risks, develop fine and gross motor development, and absorb knowledge, including the valuable lessons of inclusion and kindness. The Tot Zone is designed for ages 1-4. SPIN ZONE $250,000 Rotary vestibular input, caused from spinning, is the most powerful form of sensory input that the brain can process. A popular group activity, the climbing net spinner and ground-level carousel are accessible for all ages and abilities so everyone can spin together! KINDNESS CORNER $150,000 The heart of Magical Bridge, this gathering place promotes reflection, compassion and education. It helps spark conversations about making friends with those who are “different,” modeling positive behavior, and encouraging kids to be up-standers to address the issues of bullying. Leave a lasting legacy. With early sponsorship of a play zone, you will have the unique opportunity to offer input on design and equipment selection. Your name will be prominently displayed in the playground showing your commitment to the community for generations to come. Play zone sponsorship is available on a first-come, first-served basis. SLIDE MOUND $450,000 Sliding helps coordination, balance and movement, and the Slide Mound is uniquely accessible for all (even wheelchair users). The Slide Mound features a group slide, curvy slide, stimulating roller slide, climbing loops, a climbing net, and more. SWING & SWAY ZONE $250,000 Swinging creates vestibular stimulation critical to maintaining body posture, balance and equilibrium. The bucket swings, group disc swings, and sway boat accommodate all ages and abili- ties giving everyone the opportunity benefit from this important motion. Community Park Morgan Hill, CA Proposed general footprint for Magical Bridge Playground (exact position to be determined) The real “magic” of a Magical Bridge Playground is that it is a fun and welcoming place for visitors of all ages, all sizes and all abilities. In short, everyone! Magical Bridge Playground in Morgan Hill will feature elements inspired by the area’s unique landscape and incorporate values of its community. The play zones planned for Morgan Hill’s play- ground development include: 1 Playhouse & Stage 2 Innovation Zone 3 Climbing Zone 4 Swing & Sway Zone 5 Climbing Wall 6 Spin Zone 7 Slide Mound 8 Water Spray 9 Amphitheater & Stage 10 Tot Zone 11 Kindness Corner A New Kind of Community Playground Regardless of Ability, Disability, Size or Age, Everyone Plays Together at Magical Bridge Playground. Where Everyone Plays The first of its kind, Magical Bridge Playground is a public play space that delights everyone — all ages, all sizes, and all abilities. Magical Bridge Playground addresses the unique play needs of everyone in the community. While an estimated 20% of our nation’s individuals are living with a disability, only 10% of them use a mobility device. That means that the other 90% are living with autism, sensory challenges, cognitive and developmental issues, and complications that arise from aging. They play differently and, until now, the needs of this large subset of our community have not been considered. The success of Magical Bride Playground clearly illustrates how today’s typical park designs overlook so many — and how important it is for the health and wellbeing of every community for everybody to have a place to play together. PLAYHOUSE + PLAYSTAGE $450,000 Through pretend-play, children experience the full range of their senses and feelings. Since 1987, Barbara Butler Artist-Builder, Inc. has created over 600 unique play structures — and their first wheel- chair-accessible, two-story playhouse was designed and built especially for Magical Bridge. This beautiful structure will surely be cherished for years to come. ADDITIONAL FEATURES FOR SPONSORSHIP Entry Court Art Piece $50,000 Interactive or Water Spray Features $50,000 Autistic Retreat Cocoons $25,000 Buddy Benches $10,000 (artwork shown is concept only; final selection TBD) Leveraging the innovative spirit of Silicon Valley, Magical Bridge Playgrounds are mindfully designed to address the unique needs of the entire community. With an underlying message of kindness, compassion and empathy, Magical Bridge removes the barriers of today’s typical playgrounds and gives everyone a place to play together as never before. Join us on the journey to bring truly inclusive play to everyone in Morgan Hill! “MAGIC” is Coming to Morgan Hill! MORGAN HILL , CA Magical Bridge Playground Mitchell Park, Palo Alto, CA The Magic Starts With YOU There are many ways to get involved in bringing Magical Bridge Playground to Morgan Hill — from your generous donation to hosting an event to increase community engagement. No amount is too small and everyone is welcome to join the effort! The City of Morgan Hill has shown their commitment to the project with a significant contribution. Now, as a community, we need to raise additional funds to make Magical Bridge Playground in Morgan Hill a reality. Your donation will give countless families a place to play together — some, for the very first time. With major sponsorship as outlined below, your name will be prominently displayed in the playground and on the donor wall. Please contact Magical Bridge Foundation for zone selection assistance or to discuss corporate matching, foundation grants, and other sponsorship opportunities. ZONE SPONSORSHIP PLAYHOUSE + PLAYSTAGE $450,000 SLIDE MOUND $450,000 INNOVATION ZONE $250,000 SWING & SWAY ZONE $250,000 SPIN ZONE $250,000 TOT ZONE $250,000 KINDNESS CORNER $150,000 ART & MAGICAL TOUCHES SIGNATURE ART PIECES $50,000 AUTISTIC RETREAT HUT $25,000 BUDDY BENCH $10,000 In addition, donor wall tiles are available for purchase at www.magicalbridge.org/morganhill. Please donate online or make your check payable to “Magical Bridge Foundation” and mail to: Magical Bridge Foundation, 654 Gilman Street, Palo Alto, CA 94301. We will contact you for your donor wall inscription, estimated character counts below: EXTRA LARGE TILE (120 characters) $5,001 - $10,000+ LARGE TILE (90 characters) $1,001 - $5,000 MEDIUM TILE (30 characters) $501 - $1000 Contact Us MAGICAL BRIDGE FOUNDATION 654 Gilman Street, Palo Alto CA 94301 www.magicalbridge.org Jill Asher, Co-Founder Email: jill@magicalbridge.org Phone: 650 520 8512 Olenka Villarreal, Co-Founder & Founder, Magical Bridge Playground Email: olenka@magicalbridge.org Phone: 650 380 1557 Magical Bridge Foundation is a registered 501(c)3 non-profit organization and donations are tax-deductible to the extent recommended by your tax advisor. Tax ID: #81-2377796 © 2017 Magical Bridge Foundation. All rights reserved. It all starts on the playground! All Abilities. All Ages. All Welcome. Introducing Magical Bridge Playground in Morgan Hill, California It all starts on the playground! ATTACHMENT G Letter to County from Cupertino’s Mayor November 2017 Support for All-Inclusive Playground Grant Program & creating An All-Inclusive Playground in Cupertino Exhibit C Insurance Requirements and Proof of Insurance INSURANCE REQUIREMENTS FOR GRANT AGREEMENT Indemnity The Grantee shall indemnify, defend, and hold harmless the County of Santa Clara (hereinafter "County"), its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, performance of this Agreement by Grantee and/or its agents, employees or sub-contractors, excepting only loss, injury or damage caused by the sole negligence or willful misconduct of personnel employed by the County. It is the intent of the parties to this Agreement to provide the broadest possible coverage for the County. The Grantee shall reimburse the County for all costs, attorneys' fees, expenses and liabilities incurred with respect to any litigation in which the Grantee contests its obligation to indemnify, defend and/or hold harmless the County under this Agreement and does not prevail in that contest. Insurance Without limiting the Grantee's indemnification of the County, the Grantee shall provide and maintain at its own expense, during the term of this Agreement, or as may be further required herein, the following insurance coverages and provisions: A. Evidence of Coverage Prior to commencement of this Agreement, the Grantee shall provide a Certificate of Insurance certifying that coverage as required herein has been obtained. Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, a certified copy of the policy or policies shall be provided by the Grantee upon request. This verification of coverage shall be sent to the requesting County department, unless otherwise directed. The Grantee shall not receive a Notice to Proceed with the work under the Agreement until it has obtained all insurance required and such insurance has been approved by the County. This approval of insurance shall neither relieve nor decrease the liability of the Grantee. B. Qualifying Insurers All coverages, except surety, shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A- V, according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by the County's Insurance Manager. C. Notice of Cancellation All coverage as required herein shall not be canceled or changed so as to no longer meet the specified County insurance requirements without 30 days' prior written notice of such cancellation or change being delivered to the County of Santa Clara or their designated agent. D. Insurance Required 1. Commercial General Liability Insurance - for bodily injury (including death) and property damage which provides limits as follows: a. Each occurrence - $1,000,000 b. General aggregate - $1,000,000 c. Products/Completed Operations aggregate - $1,000,000 d. Personal Injury - $1,000,000 2. General liability coverage shall include: a. Premises and Operations b. Products/Completed c. Personal Injury liability d. Severability of interest 3. General liability coverage shall include the following endorsement, a copy of which shall be provided to the County: Additional Insured Endorsement, which shall read: “County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, as additional insureds.” Insurance afforded by the additional insured endorsement shall apply as primary insurance, and other insurance maintained by the County of Santa Clara, its officers, agents, and employees shall be excess only and not contributing with insurance provided under this policy. Public Entities may also be added to the additional insured endorsement as applicable and the Grantee shall be notified by the contracting department of these requirements. 4. Fidelity Bond Before receiving any reimbursement under this Agreement, Grantee will furnish County with evidence that all officials, employees, and agents handling or having access to funds received or disbursed under this Agreement, or authorized to sign or countersign checks, are covered by a BLANKET FIDELITY BOND in an amount of AT LEAST fifteen percent (15%) of the maximum financial obligation of the County cited herein. If such bond is canceled or reduced, Grantee will notify County immediately, and County may withhold further payment to Grantee until proper coverage has been obtained. Failure to give such notice may be cause for termination of this Agreement, at the option of County. E. Special Provisions The following provisions shall apply to this Agreement: 1. The foregoing requirements as to the types and limits of insurance coverage to be maintained by the Grantee and any approval of said insurance by the County or its insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Grantee pursuant to this Agreement, including but not limited to the provisions concerning indemnification. 2. The County acknowledges that some insurance requirements contained in this Agreement may be fulfilled by self-insurance on the part of the Grantee. However, this shall not in any way limit liabilities assumed by the Grantee under this Agreement. Any self-insurance shall be approved in writing by the County upon satisfactory evidence of financial capacity. Grantees obligation hereunder may be satisfied in whole or in part by adequately funded self-insurance programs or self- insurance retentions. 3. Should any of the work under this Agreement be sublet, the Grantee shall require each of its subcontractors of any tier to carry the aforementioned coverages, or Grantee may insure subcontractors under its own policies. Pooled Liability Assurance Network JPA 1750 Creekside Oaks Drive, Suite 200, Sacramento, CA 95833 916-244-1100 Liability Certificate of Coverage Additional Covered Party Certificate Number: 47557126 Certificate Holder:County of Santa Clara 298 Garden Hill Drive Los Gatos, CA 95032 Covered Party:City of Cupertino Description of Covered Activity: As respects the Agreement between the City of Cupertino and the County of Santa Clara regarding the All- Inclusive Playground Grant Program; County of Santa Clara, and members of the Board of Supervisors of the County of Santa Clara, and the officers, agents, and employees of the County of Santa Clara, individually and collectively, are additional covered parties with regard to any negligent acts or omissions of the City of Cupertino, its officers, officials, employees, and volunteers. Memorandum of Coverage Number:GAL 2018-19 Effective Date:03/14/2019 Expiration Date:7/1/2019 Limits:$1,000,000 (per occurrence) The Following Coverage is in effect: General and automobile liability as defined in the Memorandum of Coverage on file with the covered party named above. Pursuant to the definition of Covered Party in the Liability Memorandum of Coverage, the certificate holder named above is an additional covered party for covered claims arising out of the covered activity stated above and is subject to the limits stated above. This coverage shall be primary and non-contributory. This is to certify that the coverage listed above has been issued to the Covered Party named above for the coverage period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The coverage afforded as described herein is subject to all the terms, exclusions, and conditions of the Memorandum of Coverage of the PLAN, which is available for your review upon request. Coverage is in effect from 12:01 a.m. Pacific Time of effective date to 12:01 a.m. Pacific Time of expiration date as stated above and will not be canceled, limited, or allowed to expire except upon 30-day notice to the certificate holder. Date Issued:3/15/2019 Renewal:Yes Excess Certificate Issued:No Authorized Representative Signature: 47557126 | PLAN | 18/19 GL $5MM LIMITS | Brenneca Kidd | 3/15/2019 12:57:24 PM (PDT) | Page 1 of 1 This certificate cancels and supersedes ALL previously issued certificates.