19-113 Amendment #1 04-20-20211 of 5
FIRST AMENDMENT TO THE ALL-INCLUSIVE PLAYGROUND FUNDING
AGREEMENT BY AND BETWEEN THE CITY OF CUPERTINO AND THE COUNTY
OF SANTA CLARA
The All-Inclusive Playground Funding Agreement By and Between The City of Cupertino, a
municipal corporation (“Grantee”), and the County of Santa Clara, a political subdivision of the
State of California (“County”), effective June 24, 2019 (“Funding Agreement” or “Agreement”),
is amended as set forth below, effective on the date of the last signature below. The County of
Santa Clara and the City of Cupertino are sometimes referred to herein individually as a “Party”
or collectively as the “Parties.”
RECITALS
WHEREAS, on June 24, 2019, the Parties entered into a Funding Agreement for the purpose of
providing the terms of the grant funding for the construction and development of the Jollyman
Park all-inclusive playground (“Project”), located at 1000 South Stelling Road, in the amount of
one-million four-hundred forty-eight thousand two-hundred one dollars ($1,448,201.00);
WHEREAS, due to unforeseeable project delays and fundraising challenges related to Covid-19,
the Grantee requests a reduction of its cash contribution, a modification to the project scope, and
a twenty-four (24) month extension to the three (3) year grant performance period of June 24,
2019 through June 24, 2022;
WHEREAS, the Grantee’s decreased cash contribution does not reduce the all-inclusive
accessibility features of the playground;
WHEREAS, the Grantee’s reduced cash contribution still exceeds the dollar-for-dollar match
requirement of the All-Inclusive Playground Grant Program;
WHEREAS, in accordance with the delegation of the Board of Supervisors, approved on
September 1, 2020 (File # 101975), the County Parks and Recreation Department
(“Department”) has consulted with District 5 of the Board of Supervisors to discuss the proposed
modifications;
WHEREAS, the Department consulted with an experienced member of past All-Inclusive
Playground Grant Review Committees to confirm that the revised grant scope contains all of the
accessibility features of the playground that made the Project eligible for funding;
WHEREAS, the Parties wish to enter into this First Amendment to establish the terms of the
Agreement with the revised Appendix G: Grant Scope/Cost Estimate and the twenty-four (24)
month extension of the grant performance period.
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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, the Parties agree to the foregoing and as follows:
1. Appendix G: Grant Scope/Cost Estimate Form, which is included in Exhibit B to the
Agreement, is hereby replaced with the revised Appendix G: Grant Scope/Cost Estimate
Form attached hereto as Attachment 1.
2.
a. The following language on page 2 of the Agreement shall be deleted: “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
return any unspent funds at the end of this three-year period.”
This language shall be replaced with the following: “The GRANTEE may utilize the
Grant Funds specified in SECTION 4 of this Agreement to complete the Project within
five years from the Effective Date of this Agreement and shall return any unspent
funds at the end of this five-year period.”
b. The following language in Section 2.1 of the Agreement shall be deleted: “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...”
This language shall be replaced with the following “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 five 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...”
c. The following language in Section 4.2 of the Agreement shall be deleted: “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.”
This language shall be replaced with the following “Any Grant Funds not expended
pursuant to the terms and conditions of this Agreement shall be returned to the
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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 5 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.”
3. Counterparts. This Agreement may be executed in any number of 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 provided all of
the Parties have fully executed the Agreement.
4. Contract Execution. Unless otherwise prohibited by law, all Parties agree and intend
that an electronic copy of this signed Agreement, or an electronically signed version of
this Agreement, shall have the same force and legal effect as if executed with an original
ink signature. The Parties each represent, warrant, and agree that signatures on the
documents identified in this section, whether in ink or electronic, by their respective
signatories are intended to authenticate such signatures and to give rise to a valid,
enforceable, and fully effective agreement when so executed by the Parties.
Except as provided herein, all other provisions of the Funding Agreement shall remain in full
force and effect. In the event of a conflict between the Funding Agreement and this First
Amendment, the First Amendment shall control.
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ATTACHMENT 1
APPENDIX G: GRANT SCOPE/COST ESTIMATE FORM
APPLICANT: City of Cupertino PROJECT NAME: Jollyman Park All-Inclusive Playground
WORK TO BE PERFORMED GRANTEE
MATCH
AIPG
GRANT
TOTAL
1. SITE PREPARATION - Demolition, clearing,
rough grading, mobilization and related work $100,000 $100,000 $200,000
2. PAVING, SURFACING, FENCING, GATES -
Hardscape paving, resilient surfacing for play
zones, fencing, gates, wall, and related items $560,000 $540,000 $1,100,000
3. ENTRY PLAZA – entry paving, entry feature,
and related items $30,000 $25,000 $55,000
4. PLAY EQUIPMENT - Purchase and install
variety of equipment for the play zones $270,000 $250,000 $520,000
5. SITE FURNISHINGS & SIGNAGE – Shade
features, playhouse, seating, signs, trash
receptacles & related items $230,000 $210,000 $440,000
6. SITE UTILITIES – utilities installation and
modification $131,799 $103,201 $235,000
7. SITE LANDSCAPING – trees, plantings, and
related work $70,000 $50,000 $120,000
8. DESIGN AND ENGINEERING $200,000 $170,000 $370,000
TOTAL PROJECT BUDGET $1,591,799 $1,448,201 $3,040,000
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