REPORT TO THE CITY COUNCIL FROM: AARON A. AGUIRRE, Director Parks, After School, Recreation & Community Services Department BY: EDWARD CHINEVERE, Assistant Director Parks, After School, Recreation & Community Services Department SUMMER ROOKS, Projects Administrator Parks, After School, Recreation & Community Services Department SUBJECT ..Title Approve the First Amendment to the 2024 Playspace Agreement with KABOOM! Inc. in the amount of $181,765, for a total increased contract amount of $474,413, and to change the proposed project location. (Council District 4) ..Body RECOMMENDATIONS Staff recommends City Council approve the First Amendment to the 2024 Playspace Agreement with KABOOM! Inc. in the amount of $181,765, for a total increased contract amount of $474,413, and to change the proposed project location from University Park to Cary Park, and authorize the Parks, After School, Recreation, and Community Services (PARCS) Director or designee to execute the amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY On November 17, 2022, Council approved a resolution authorizing the PARCS Director or designee to submit a grant application to KABOOM! to fund and implement community engagement, project management, design and community organizing for the construction of a new play structure at University Park. PARCS was awarded the grant and subsequently entered into an agreement with KABOOM! to complete the project at University Park in an amount not to exceed $292,648. After additional property research, it was identified that University Park was no longer an appropriate location for the project due to an existing deed restriction prohibiting the construction of play apparatus at this park. In consultation with the District Office, City Administration, and KABOOM! Cary Park was subsequently selected as an appropriate alternative to complete the project. Due to the increase in project square footage, additional funding in the amount of $181,765 is required. BACKGROUND The City Council adopted the Fiscal Year 2023 (FY23) budget on June 30, 2022, which included a motion to appropriate $450,000 toward the construction of a new play structure at University Park. In fiscal year 2021, the City completed a new play structure at Tollhouse Park, which was completed in partnership with KABOOM!, a non-profit organization committed to ending playspace inequity by uniting with communities to build kid-designed playspaces. The success of the KABOOM! project at Tollhouse led the City to inquire as to whether a similar process could be implemented at University Park, leveraging the City's funding as matching dollars. KABOOM! provides community outreach, design, and construction of playspaces at eligible communities through a rolling grant application process. KABOOM! funds the design and construction of playspaces by combining local organization funding with charitable contributions from foundations and donors. Playspaces are designed and constructed in close collaboration with communities by working hand-in-hand with a community's kids and adults to design, plan, and then build new community playspaces. KABOOM! confirmed that University Park was eligible location under KABOOM!'s grant requirements and approved the City's grant application. Upon additional research, an existing deed restriction was identified prohibiting the construction of play apparatus on the University Park property. After consultation with the District office, City Administration, and KABOOM!, Cary Park was deemed as a viable alternative to fulfill the requirements of the original grant. Due to the playground footprint being larger than that of University, additional funding is required. Staff recommends the City Council approve the First Amendment to the 2024 Playspace Partner Agreement to change the proposed project location from University Park to Cary Park and increase the total City contribution by an additional $181,765 for a total contract amount of $474,413. The City Attorney's Office has reviewed and approved the amendment as to form. ENVIRONMENTAL FINDINGS By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378 this item does not qualify as a "project." LOCAL PREFERENCE Local preference is not applicable as this resolution does not include a bid or award of a construction or services contract. FISCAL IMPACT Cary Park is in Council District 4. Funding for this amendment was appropriated in the FY2025 PARCS budget. Attachments: Original Agreement First Amendment