Loading...
HomeMy WebLinkAbout6.i. Declaration of Surplus Property – Parks & Recreation Dept. EXECUTIVE SUMMARY City Council Regular Meeting: October 17, 2017 AGENDA ITEM: Declaration of Surplus Property – Parks & Recreation Dept. AGENDA SECTION: Consent PREPARED BY: Dan Schultz, Parks & Recreation Director AGENDA NO. 6.i. ATTACHMENTS: Release and indemnification agreement APPROVED BY: LJM RECOMMENDED ACTION: 1. Motion to declare the items listed in the executive summary as surplus property and for staff to appropriately dispose of or recycle the items. 2. Motion to approve the attached Playground Equipment Donation Agreement. ISSUE The Parks and Recreation Department is asking that the City Council declare the playground equipment at Lions, Chippendale, Connemara and Schwarz Pond Park as surplus property. This declaration will authorize staff to appropriately dispose of or recycle the items. The equipment is scheduled to be replaced in the spring of 2018 and staff would like to remove the equipment this fall and prep the sites for the new equipment. Location Fixed Asset Tag # Equipment Vendor Chippendale 830025, 960075, 980003, 980004 Landscape Structures Lions 960001, 960033, 830033 Landscape Structures Schwarz Pond 830012, 830013, 830014, 970014 970015, 970016 Landscape Structures Connemara 970013, 970018 Landscape Structures Staff is proposing to have Kids Around the World remove and recycle/salvage the play equipment from the parks. Staff does not recommend reusing the equipment in its current condition because it does not meet all current safety standards. The Kids Around the World group raises funds to refurbish used equipment and then installs it in other counties. The Kids Around the World organization has recycled/salvaged the old equipment from the Family Resource Center and Jaycee Park. RECOMMENDATION Staff is recommending the City Council approve the declaration to disposal of the surplus property and also to approve entering into the Playground Equipment Donation Agreement. 2 PLAYGROUND EQUIPMENT DONATION AGREEMENT This agreement is entered this date between Kids Around The World, Inc., 2424 Charles St., Rockford, IL 61125 (hereinafter referred to as “KIDS”) and The City of Rosemount MN (for Lions Park, Chippendale Park, Connemara Park, and Schwarz Pond Park) (hereafter referred to as “Donating Organization”). KIDS, an Illinois not-for-profit corporation, registered in Illinois at the above address performing charitable programs including building playgrounds for children in underprivileged locations, desires to Acquire as a donation, the below identified used playground equipment from the Donating Organization (hereafter referred to as the “Equipment”). In consideration for the donation of the Equipment from the Donating Organization, KIDS agrees to the following: DISCLAIMER: KIDS acknowledges and agrees that the Donating Organization is neither a manufacturer nor a vendor of the Equipment, that KIDS takes the Equipment and each part thereof “as- is” and that the Donating Organization has not made, and does not hereby make, any representation, warranty, or covenant, express or implied, with respect to compliance with any and all applicable guidelines or regulations, including, but not limited to ASTM and CPSC, the merchantability, condition, quality, durability, design, operation, fitness for use, or suitability of the Equipment in any respect whatsoever or in connection with or for the purposes and uses of KIDS, or as to the absence of latent or other defects whether or not discoverable, or as to the absence of any infringement of any patent, trademark or copyright, or as to any obligation based on strict liability in tort or any other representation, warranty, or covenant of any kind or character, express or implied, with respect thereto, it being agreed that all risks incident thereto are to be borne by KIDS and the Donating Organization shall not be obligated or liable for actual, incidental, consequential, or other damages of or to buyer or other person or entity arising out of or in connection with the use or performance of the Equipment and the maintenance thereof. KIDS acknowledges that KIDS has selected the Equipment KIDS is acquiring from the Donating Organization based on KIDS’ own judgment and the Donating Organization hereby affirmatively disclaims reliance on any oral representation concerning the Equipment made to KIDS. INSURANCE REQUIREMENTS: KIDS shall maintain insurance of the types and in the amounts listed below. A. Commercial General Liability Insurance KIDS shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,000,000 each occurrence and a $2,000,000 aggregate limit. CGL insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 01 10 93, or a substitute form providing equivalent coverage, and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The City of Rosemount MN shall be included as an additional insured under the CGL insurance form. 3 B. Business Auto Liability Insurance If applicable, KIDS shall maintain business auto liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto including owned, hired and non-owned autos. C. Workers Compensation Insurance Kids will maintain a worker’s compensation insurance policy to cover all of the Kids employees with a minimum employer’s liability limit of $100,000 / $500,000 / $100,000. D. General Insurance Provisions 1. Evidence of Insurance Prior to removal of the Equipment, KIDS shall furnish Rosemount MN with a certificate(s) of valid insurance meeting the above noted requirements. The donated equipment included in this agreement includes: the main structure, swings and individual pay items located at Lions Park Playground, Chippendale Park Playground, Connemara Park Playground, and Schwarz Pond Park Playground. Representative of KIDS AROUND THE WORLD, INC. City of Rosemount (DONATING ORGANIZATION) DATE DATE kids around the world l 2424 Charles St., Rockford, IL 61108 l 815-229-8731