AgdaPkt 2016-09-12 Closed and Joint SA PFA

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ATTY/AGR/2016.252/MAGICAL BRIDGE PLAYGROUND REV: 09-08-16 MK Page 15 of 23 EXHIBIT A – SCOPE OF SERVICES 1. DESIGN 1.1 Design Consulting. At City's request, the “Magical Bridge Team,” defined individually and collectively as the individuals listed in Exhibit E, shall participate in meetings with City’s design team and consultants to assist City in preparing the Final Design and to advise on all aspects of playground design, including but not limited to equipment selection, site preparation meetings, criteria for quality control, and methods for making the Red Morton Playground more inclusive of children with disabilities. City shall retain final decision making authority over all aspects of the design of the Red Morton Playground. 1.2 Construction Consulting. The Magical Bridge Team shall advise City throughout the renovation of the Red Morton Playground on an as needed basis. City shall retain final decision making authority on all matters relating to the construction, including but not limited to selecting construction contractors, obtaining permits, and overseeing construction. 1.3 Access to Playground. City shall provide Magical Bridge, its employees and agents, with reasonable access to the Red Morton Playground for the purpose of fulfilling its responsibilities under this Agreement. 2. FUNDRAISING 2.1 Fundraising. a. Fundraising Goal. Magical Bridge shall use commercially reasonable efforts to solicit a total amount of donations to support the Project not less than the amount of the Community Donation, as revised by Section 2.1(b) if applicable. Magical Bridge shall obtain City’s prior written permission for each fundraising event for which it seeks to use City Marks either at the event or in the promotional material related to that event. b. Increased Construction Costs. If the successful bid for the construction contract for the Project exceeds two million eight hundred thousand dollars ($2,800,000), the Community Donation shall increase by an amount equal to the difference between the amount of the successful bid and two million eight hundred thousand dollars ($2,800,000) (“Final Community Donation”). 2.2 Collection and Holding of Community Donation. a. Magical Bridge shall maintain its tax exempt 501(c)(3) status. b. Magical Bridge will accept and hold donations made towards the Project, including donations solicited by City, until no later than fifteen (15) days after the Opening Event. c. Magical Bridge shall provide City with use of its online project and fundraising page for the purpose of accepting donations for the Project. 6.1.N. - Page 18