CM-11-09-180ROUND ROCK, TEXAS
PURPOSE: PASSION. PROSPERITY
Item Caption:
RECEIVED C-Ito1-iD
AUG 31 2011
City Manager Approval Form
Consider executing a Hold Harmless Agreement with Landscape Structures, Inc. regarding Purchase
Order #33519 for the wheelchair platform swing at the Play for All Abilities Park Project.
Approval Date: September 2, 2011
Department Name: Parks and Recreation Department
Project Manager: David Buzzell, Park Development Manager
Assigned Attorney: i. Kay Gayle
Item Summary:
This item will allow the City Manager to execute a Hold Harmless Agreement with Landscape Structures, Inc. The agreement only
applies to the wheelchair platform swing component of the order/project. The swing is very custom in nature and does not meet
current playground safety standards due to the weight of the swing and the metal frame. The City is reducing our exposure by
completely fencing the wheelchair platform swing area and signing it to warn people of the dangers of improper use of the swing
area.
The Hold Harmless Agreement does not apply to any other playground equipment being ordered from Landscape Structures or
any of the other vendors. It only applies to the wheelchair platform swing.
No. of Originals Submitted: 1
Project Name: Play for All Abilities Park Project
Cost: $0.00
Source of Funds: General Self -Financed Construction
Source of Funds (if applicable): Select Source Fund
Account Number:
Finance Director Approval: Cheryl Delaney
Department Director Approval:
Date: 8/31/11
Date: c. 3.1-g
**Electronic signature by the Director is acceptable. Please only submit ONE approval form per item.**
CIP OK111 Accounting Budget El PurchasingEl Budget �
N/A N/A OK N/A OK N/A OK
ITEMS WILL NOT BE PLACED ON THE COUNCIL OR CM AGENDA W/OUT PRIOR FINANCE AND/OR LEGAL APPROVAL
REV. 6/20/11
ISO 14001:2004
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Contract Addendum
HOLD HARMLESS AGREEMENT
THIS AGREEMENT is made and entered into between Landscape Structures Inc. ("LSI") and
Ci ty of Round Rock, Texas ("Customer"). In consideration of the LSI Order
referenced below, LSI and Customer agree as follows:
Customer will indemnify, defend and hold, to the extent allowed by law, LSI, its agents and employees,
harmless from and against all claims, datnages, losses and expenses, including attorneys' fees, arising out
of or resulting from any alleged damages including emotional harm, bodily injury or death ("Injury")
occurring on or around the specific item of play equipment referenced in LSI Order Nutnber U6 7 8 3 2
orCustotnerpurchase order lf 33519 ( Wheelchair Platform Swing only ),
Customer's responsibilities apply if Injury is caused in whole or in part by Customer, or anyone for
whose acts Customer may be liable, regardless of whether Injury is caused in part by LSI, its employees
or agents. Customer is not obligated to defend, i►idemnify and hold LSI harmless if Inju►y is caused by
the proven defective nature of LSI's equipment.
This Agreement will be interpreted and construed in accordance with tine laws of the State of Minnesota.
Any controversy or claim arising out of or relating to this Agreement will be settled by arbitration in
accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment
upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
IN WITNESS 'WHEREOF, the parties have read and understand the terms of this Agreement. The
Agreement is effective on the date signed below by both parties.
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ro, MN 55328, Tel 763.972.5348. Fax 763.972.3185, 888.4FU