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population. Services to siblings and family members who are not parents or primary caregivers <br />may only be incidental to services provided to children prenatal through age five. <br />F. Without the prior written consent of the Commission, the MOU is not assignable either in whole or <br />part. <br />G. All playground equipment acquired or improved in whole or in part with Commission funds must <br />continue in the use that provides the service benefit objectives for which it was invested (as set forth in <br />Article I, above) until expiration of this MOU. The playground equipment received under the terms of <br />this MOU shall be the property of the Commission, unless otherwise required by the Commission, <br />and shall be subject to the provisions of this paragraph. The disposition of playground equipment <br />must be approved by the Commission prior to MOU termination. <br />IV. COMMISSION GENERAL AND SERVICE RESPONSIBILITIES <br />A. Commission agrees to coordinate the improving the quality of early teaming environments for <br />young children and serve as the purchasing agent in the delivery of the playground equipment for <br />young children. <br />The Commission's investment includes, but is not limited to the following: <br />• Make individual contact/follow-up with selected vendor to provide playground <br />consultation/design and technical support for playground development process, project <br />planning and universal play environment design to meet ADA requirement of <br />inclusiveness, and equipment configuration to meet ASTM, CPSC, and age related play <br />values. <br />• Design oversight with local playground equipment manufacture representative. <br />• Provide a Playground Inspection Report/Certification to the Contractor. <br />V. INDEMNIFICATION <br />The Contractor agrees to indemnify, defend and hold harmless the Commission and its authorized <br />officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or <br />liability arising out of this MOU from any cause whatsoever, including the acts, errors or omissions of <br />any person and for any costs or expenses incurred by the Commission on account of any claim <br />therefore, except where such indemnification is prohibited by law. <br />VI. FISCAL PROVISIONS <br />The total MOU amount that the Commission shall provide to the Contractor for the school readiness <br />tool kit shall not exceed $5,000. The total amount that the Commission shall provide to the <br />Playground Vendor selected to benefit the Contractor for playground equipment shall not exceed <br />$50,000 and shall be subject to the availability of Califomia Children and Families Trust Fund monies. <br />4 <br />