HomeMy WebLinkAbout6.d. Declaraton of Surplus Property - Parks & Recreation Dept.4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: September 21, 2010
AGENDA ITEM: Declaration of Surplus Property — Parks
AGENDA SECTION:
& Recreation Dept.
Consent
PREPARED BY: Dan Schultz, Parks & Recreation Director
AGENDA NO..
ATTACHMENTS: Release and indemnification agreement
APPROVED BY:
RECOMMENDED ACTION:
1. Motion to declare the items listed in the executive summary as surplus property and for
staff to appropriately dispose of the items.
2. Motion to approve the attached release and indemnification agreement.
ISSUE
The Parks and Recreation Department is asking that the City Council declare the items listed below as
surplus property. This declaration will authorize staff to appropriately dispose of or recycle these items.
The items listed below are either no longer used within the City's operations or no longer in working
condition.
Glenco Under counter refrigerator Fixed Asset Tag # 000861
True Two Door Refrigerator Fixed Asset Tag # 000885
Little Tykes Play Equipment Fixed Asset # 990004
The play equipment at the Family Resource Center is going to be replaced using funds from a Community
Development Block Grant provided by the Dakota County Community Development Agency (CDA). It is
expected that the old equipment will be removed during the first week in October 2010. The new
equipment should be installed sometime in late October 2010. The request for proposals for new
equipment were due by 4:40pm on Wednesday, September 15 and will soon be reviewed by the Parks and
Recreation Commission.
Staff is proposing to have an organization called Kids Around the World remove and salvage the play
equipment at the Family Resource Center. Due to the condition of the equipment, staff does not
recommend reusing the equipment in its current condition. The Kids Around the World group raises
funds to refurbish used equipment and then installs the refurbished equipment in locations that are in need
of play equipment. They are currently trying to find 35 play sets to install in Haiti. The Kids Around the
World organization has worked with the City of Woodbury and the City of Plymouth on removing and
reusing their old, unwanted play equipment.
A release and indemnification agreement is attached and has been reviewed by the City Attorney. The
agreement identifies that the equipment does not include any expressed or implied warranties, including
performance and safety standards because of its condition. It also states that the Kids Around the World
Organization agrees to indemnify, hold harmless and defend the City of Rosemount and its officers,
agents, and employees from any and all claims resulting from injuries, damages and losses arising from and
related to the use of the salvaged playground equipment. Staff is recommending the City Council approve
the declaration and disposal of surplus property and the Release and Indemnification Agreement.
RELEASE AND INDEMNIFICATION AGREEMENT
This release and indemnification is given this date by Kids Around The World, Inc., 2424 Charles St.,
Rockford, IL 61125 (hereinafter referred to as "KIDS ").
KIDS, an Illinois not - for - profit corporation, registered in Illinois at the above address performing
charitable programs including building playgrounds for children in underprivileged location, desires to
salvage playground equipment from the City of Rosemount; and as a condition for allowing Kids to
salvage the playground equipment they require KIDS to release and indemnify them of any and all
claims that may arise from the use or removal of the playground equipment being removed by KIDS at
the site of the existing playground, from the time KIDS begins removal of the equipment, and into the
future relating to the use of the playground equipment being salvaged by KIDS. This release does not
apply to any claims that may occur at the site where the equipment has been removed, once removal is
complete and the site has been released back to the control of the City of Rosemount.
KIDS understands and accepts that this equipment does not include any expressed or implied
warranties including performance and safety standards, and agrees that because of this condition, the
equipment will not be used or installed anywhere within the United States of America.
KIDS further agrees to indemnify, hold harmless and defend the City of Rosemount and its officers,
agents, and employees from any and all claims resulting from injuries damages and losses arising from
and related to the use of the playground equipment salvaged by KIDS, as defined in the above release
language in paragraph 3 of this document.
The donated equipment included in this agreement includes:
1 four bay swing set, 5 -12 year old Little Tykes play equipment, balance beam, rock climber slide, play
house with panels.
Representative of KIDS AROUND THE WORLD, INC. Representative of the City of Rosemount
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