8.3 SR 04-15-2013
REQUEST FOR ACTION
T O I TEM N UMBER
Mayor and City Council 8.3
A GENDA S ECTION M EETING D ATE P REPARED BY
General BusinessApril 15, 2013Michael Hecker, Parks and Recreation
Director
I TEM D ESCRIPTION R EVIEWED B y
Resolution Acknowledging the Removal and Donation of Cal Portner, City Administrator
Obsolete Playground Equipment
R EVIEWED BY
AR
CTION EQUESTED
Adopt by motion the attached resolution acknowledging the removal and donation of obsolete
playground equipment.
B/D
ACKGROUNDISCUSSION
City Council directed staff to remove the playground at Orono Park on March 4. The weather has
prevented this from happening. Now the city has an opportunity to donate the playground to a nonprofit
organization for children in third world countries. We also have playground equipment at Baldwin Park
that the Parks and Recreation Commission recommended to remove due to safety reasons.
Staff is recommending donating the playground at both Baldwin and Orono Parks to a nonprofit
organization, KIDS Around the World. Their mission is to build playgrounds for children in
underprivileged locations outside the United States. The organization will dismantle and remove the
playground equipment at both locations later this week. Parks maintenance staff will assist by taking out
the playground footers with a loader after it is dismantled and removed by the organization.
The attached playground equipment donation agreement, including insurance requirements, has been
reviewed by the city attorney. Adoption of the attached resolution is required for the city to remove and
donate the equipment.
F
INANCIAL IMPACT
The playground equipment is a donation with no value. The cost to the city is the labor costs for parks
maintenance staff to assist in the removal of the playground footers. Overall, this method of a third party
donation and removal will cost less than the original plan of the city staff disposing and hauling the
equipment to the landfill.
A
TTACHMENTS
Resolution authorizing the removal and donation of obsolete playground equipment
KIDS playground equipment donation agreement
N:\Public Bodies\City Council\Council RCA\Agenda Packet\04-15-2013\Remove playground equipment RFA.docx
RESOLUTION 13 – ____
A RESOLUTION OF THE CITY COUNCIL OF ELK RIVER
AUTHORIZING THE REMOVAL AND DONATION OF
OBSOLETE PLAYGROUND EQUIPMENT
WHEREAS,
the playground equipment at Baldwin Park is over 21 years old and the
playground equipment at Orono Park is over 25 years old and the typical life
span of quality public playground equipment is 20 to 25 years depending on
usage; and,
WHEREAS,
the playground equipment at Baldwin Park does not comply with the ASTM
(American Society of Testing and Materials) consumer safety performance
specifications for playground equipment for public use; and,
WHEREAS,
the playground equipment at Orono Park also does not comply with the
ASTM consumer safety performance specifications for playground
equipment for public use; and,
WHEREAS,
City Council recently directed staff to remove the playground equipment at
Orono Park and replace it with a destination playground; and,
WHEREAS,
city staff and the Parks and Recreation Commission recommend that the
playground equipment at Baldwin and Orono Parks be removed because
they do not meet either the ASTM or CPSC (Consumer Product Safety
Commission) playground safety guidelines; and,
WHEREAS,
because the playground equipment does not meet current safety standards it
cannot be reused in the United States and therefore has no value other than
as scrap; and,
WHEREAS,
the scrap value of the playground equipment is less than the cost of removal
of the equipment; and,
WHEREAS,
KIDS Around the World, an Illinois not-for-profit corporation with the
mission to build playgrounds for children in underprivileged locations
outside the United States has offered to remove the playground equipment in
exchange for donation by the city of the removed equipment.
NOW, THEREFORE, BE IT RESOLVED
that the City Council of the City of Elk
River acknowledges that the existing playground equipment at Baldwin and Orono Parks has
no value and authorizes removal of the playground equipment by KIDS Around the World,
and donation of the equipment to KIDS Around the World in exchange for the removal.
th
Passed and adopted this 15 day of April 2013.
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
L
kids around the world
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
(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 shall be included as an additional insured under the CGL insurance form.
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 with a certificate(s)of
valid insurance meeting the above noted requirements.
The donated equipment included in this agreement includes:
Representative of KIDS AROUND THE WORLD,INC. Representative of the DONATING ORGANIZATION
DATE DATE
kids around the world 1 2424 Charles St.,Rockford,IL 61108 1 815-229-8731