Resolution 2024-11 Resolution No. 2024-11
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,ILLINOIS,AUTHORIZING THE
DONATION OF CERTAIN USED PLAYGROUND EQUIPMENT TO KIDS AROUND THE
WORLD,A NOT-FOR-PROFIT ENTITY
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and
WHEREAS,the City Administrator has authority pursuant to Yorkville City Code Section
1-7-3(H)(2)(b) to sell or donate personal property that is no longer necessary, useful to or in the
best interests of the City; and
WHEREAS,the City's Parks Department is planning to replace playground equipment at
the Emily Sleezer Park; and
WHEREAS, the City has no need or purpose for the playground equipment that will be
replaced(the "Used Equipment"); and
WHEREAS,the City has been contacted by Kids Around the World,a not-for-profit entity
located in Rockford, Illinois ("KATW"), about the possibility of donating the Used Equipment,
which KATW would remove from its current site and refurbish and reinstall in an underprivileged
country; and
WHEREAS, donating the Used Equipment would save the City's Parks Department
numerous staff hours that would have been spent dismantling and disposing of the Used
Equipment; and
WHEREAS,the Mayor and City Council have determined that it is in the best interests of
the health, safety and welfare of the City and its residents to authorize the donation of the Used
Equipment to Kids Around the World.
NOW,THEREFORE,BE IT RESOLVED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois:
Section 1. The foregoing recitals are hereby incorporated in this Resolution as the findings
of the Corporate Authorities.
Resolution No. 2024-11
Page 1
Section 2. In consideration of the foregoing recitals, the City Administrator is hereby
authorized and directed by the Corporate Authorities to donate the playground equipment located
at Emily Sleezer Park to Kids Around the World.
Section 3. This Resolution shall be in full force and effect upon its passage and approval
as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 13tn
day of February, A.D. 2024.
IPZ
IT CLERK
KEN KOCH AYE DAN TRANSIER AYE
ARDEN JOE PLOCHER AYE CRAIG SOLING AYE
CHRIS FUNKHOUSER AYE MATT MAREK AYE
SEAVER TARULIS AYE RUSTY CORNEILS AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois this
I IQJday of Fe �✓ , A.D. 2024.
r
MAYOR
Attest:
6eA11/104
I CLERK
Resolution No. 2024-11
Page 2
• kids around the world
PLAYGROUND EQUIPMENT DONATION AGREEMENT
This agreement is entered this date between Kids Around The World, Inc„ 5245 28th Ave., Rockford, II.
61109 (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 aclmowledges and agrees that the Donating Organization is neither a
manufacturer nor a vendor ofthe 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 ofthe
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 ldnd 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 ofnot 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 I$500,000 I$100,000.
D. General Insurance Provisions
L Evidence oflnsurance
Prior to removal o f 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 ofKIDS AROUND THE WORLD,INC. Representative.ofthe' 0 ING GANIZATION •
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211-ezo�i-
DATE •DATE
kids around the world 15245 28th Ave.,IL 61109 I 815-229-8731
B. Business Auto Liahi4ty Insurance •
If applicable, KIDS shall maintain business auto liability insurance with a limit ofnot 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 Conipensation 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 I$100,000.
D. General Insurance Provision , , •
I. Evidence ofinsurance
Prior to removal ofthe Equipment,KIDS shall furnish • • with a certificate(s)of valid
insurance meeting the above noted requirements.
' ' •
The donated equipment included in this agreement includes:
&ad' • 5 1.e-cte...% Polirk . ' sivbijs
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reientative ofKIDgit101.1Neti-ICWORLD,INC. Representative.of thelQVAG\011,9ANIZATION •
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DATE ' •DATE
• •
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kids around the world 15245 28th Ave.,IL 61109 1 815-2294731
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