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2022.07.18 CC Packet
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2022.07.18 CC Packet
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<br /> <br /> <br /> <br />14669 Fitzgerald Avenue North, Hugo, MN 55038 • (651) 762‐6300 • www.ci.hugo.mn.us <br /> <br /> <br /> <br /> <br /> <br />TO: Honorable Mayor Tom Weidt and Members of the City Council <br />FROM: Anna Wobse, Finance Director <br />SUBJECT: Donation of Surplus Equipment to Nonprofit Organizations <br />DATE: For the City Council Meeting of July 18, 2022 <br /> <br /> <br />DESIRED COUNCIL ACTION <br /> <br />Motion to Adopt Policy on Donating Surplus Equipment to Nonprofit Organizations. <br /> <br />BACKGROUND <br /> <br />In 2016, the Minnesota Legislature passed a new law allowing local governments to donate surplus equipment to <br />nonprofit organizations. State Statutes define surplus equipment as “equipment used by a local government public <br />works department, and cellular phones and emergency medical and firefighting equipment that is no longer needed by <br />the local government because it does not meet industry standards for emergency medical services, police or fire <br />departments, or has minimal or no resale value”. <br /> <br />Before a city is allowed to donate surplus equipment, State Statutes require the city to adopt a policy on how it will <br />determine what qualifies as surplus equipment eligible for donation and how it will select nonprofit organizations <br />eligible to receive donations. The policy is also required to disclose to the nonprofits that the surplus equipment may <br />be defective and cannot be relied on for safety purposes. <br /> <br />The law also added a new municipal tort immunity to Minnesota Statutes stating that municipalities, including all cities, <br />are immune from liability for any tort claim resulting from the use of surplus equipment donated by a city to a nonprofit <br />organization. <br /> <br />Staff has assembled a policy that establishes procedures for identifying surplus equipment and for the donation of <br />surplus equipment to nonprofit organizations. The policy will apply to all city departments who generate surplus <br />equipment. Nonprofit organizations formed under section 501(c)(3) of the Internal Revenue Code and who serve a <br />public purpose will be eligible to receive donations of surplus equipment. <br /> <br />RECOMMENDATION <br /> <br />Staff recommends that the City Council approve the Policy for Donation of Surplus Equipment to a Nonprofit <br />Organization. <br /> <br />ATTACHMENTS <br />Policy for Donation of Surplus Equipment to a Nonprofit Organization <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />
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