Resolution No. 2023-02 Updating the City Donation Policy - Approved 052323RESOLUTION NO. 2023-02
A RESOLUTION of the City Council of Bainbridge Island, Washington, relating to relating to guidelines, standards and procedures for the acceptance, installation and care of donated public improvements, either as a result of a cash or physical property
donation.
WHEREAS, the City of Bainbridge Island (“City”) recognizes the importance of establishing a
policy and procedure for evaluating proposals for acceptance, installation and care of donated
public improvements; and
WHEREAS, the City determined that it should document its practices regarding donated public
improvements, including the review process; and
WHEREAS, the City is interested in accepting donations that add to the public’s enjoyment of
municipally owned property; and
WHEREAS, the City desires to incorporated public art into its existing donation policy; and
WHEREAS, the City is committed to transparency regarding its donated items.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND
DOES RESOLVE AS FOLLOWS:
Section 1. Purpose of this policy
The purpose of this policy is to establish guidelines, standards and procedures for the
installation and care of donated public improvements, either as a result of a cash or physical
property donation. These donations may include, but are not limited to, benches, bicycle racks,
picnic tables, drinking fountains, public art, and other types of public space accessories. This
policy does not apply to buildings, land, or naming rights. The City desires to encourage
donations, while at the same time, manage aesthetic impacts and mitigate on-going
maintenance costs.
The City strongly encourages donations that improve the public space ability to meet the
varied recreational, social, wellness, and educational needs of users.
Guidelines established by this policy will apply to all donations made after the effective date
of this policy. Donations made prior to the adoption of this policy shall be subject to applicable
sections of this policy.
Section 2. Standards for Donations
1. Definitions of New Donations: New donations are those made after the adoption date of
this policy.
2. Acquisition or Purchase: The City and the community have an interest in ensuring that
public space elements that are purchased and installed be of high quality related to style,
appearance, durability and ease of maintenance. City staff will be responsible for
coordinating purchases and installations of all public space elements unless mutual
agreement for alternative coordination has been reached.
3. Appearance and Aesthetics: The City and the community have an interest in ensuring the
best appearance and aesthetic quality of their public facilities. Public space elements should
reflect the character of the space or facility. All public space elements will be installed in
such a manner that will not substantially change the character of a facility or its intended
use.
4. Maintenance: Donated public space elements will become City property once installed
and/or permanently placed in the mutually agreed upon location. Accordingly, the City has
the duty to provide only routine maintenance and repair of the donation for up to five years
post signed donation policy agreement. Within the five-year period, the City is not obligated
to replace the gift or public space improvement if it is stolen, vandalized, worn out,
irreparably damaged, destroyed or expires.
5. Repair: The community has an interest in ensuring that all public space elements remain in
good repair. In addition, the community has an interest in ensuring that the short and long-
term repair costs are reasonable. Repair parts and materials must be readily available.
Donated public space elements must be of high quality to ensure longevity, be resistant to
the elements, wear and tear, and acts of vandalism.
6. Cost: The City has an interest in ensuring that the donor covers the full cost for the
purchase, installation, and maintenance during the expected life cycle of donated public
space elements. Sharing the cost of a proposed donation by the donor and the City may in
exceptional circumstances be considered during the determination of whether the donation
will be accepted. The City also has an interest in ensuring that on-going maintenance costs
do not negatively impact the resources available for maintenance of other City facilities.
Consequently, the City may assess, at the time of donation, a charge sufficient to cover
anticipated on-going maintenance of donated public space elements during their anticipated
life cycle. The City will also provide donors with an estimated cost of installation, and may
assess, at the time of donation, a charge sufficient to cover the anticipated cost of
installation, including any site preparation or permitting.
Section 3. Procedure for Making Donations
The City’s Public Works Department will manage all donations to be located on City property.
The donor must contact the Public Works Director to determine whether a donation will be
accepted and the conditions of acceptance. If the donation is accepted, the donor will work with
City staff to complete a Donation Agreement (Exhibit A).
Donations of benches, tables, bicycle racks, and similar amenities, which are not on the list of
approved amenities (Exhibit B), will be reviewed by the Design Review Board prior to City
Council acceptance of the donations. Donations of public artwork will be reviewed by the
Public Art Committee prior to the Public Works Director’s review and potential
recommendation to the City Council for acceptance of the donations.
Section 4. Criteria for Acceptance
To accept donation of a public space element for a specific facility, the donation must 1) meet a
true need of the facility, 2) not interfere with the intended current or future use of the facility and not require the relocation of other equipment or infrastructure to accommodate the donation. The City reserves the right to deem a space and/or facility fully developed and thus reject the donation.
In all cases, the City Council will have the prerogative of accepting or rejecting the proposal. Section 5. Guidelines These guidelines are intended to be general in nature and do not serve as formal acceptance
criteria. All determinations will be based upon, but not limited to, the following guidelines: 1. Flowers, shrubs, bushes
a. Donated plants become the exclusive property and maintenance responsibility
of the City.
b. Only those plantings that require a maintenance effort consistent with other
plantings will be considered.
c. Site preparation, installation and site restoration will be the responsibility of the
City but may be charged to the donor.
d. Only perennial flowering plants will be permitted and incorporated in existing
beds.
e. The placement of plants will be based on the variety, color, mature height, size,
etc. Compatibility with surrounding areas will be a strong consideration for
planted materials and their location.
2. Trees
a. Donated trees become the exclusive property and maintenance responsibility of
the City.
b. Site preparation, installation, and site restoration will be the responsibility of
the City but may be charged to the donor.
c. Tree placement/location will be based upon variety of tree selected, mature
height, size etc. Compatibility with surrounding areas will be a strong
consideration for trees and their location.
d. Accordingly, the size and specie of tree or trees donated shall be limited to
those determined by the City.
3. Signage
a. Interpretive signs may be installed at sites that are appropriate for describing the
history, geology, environment, and flora and fauna of a particular area.
Interpretive signs shall be of a size that is in keeping with the character of the
site. Interpretive signs shall be of a design that meets requirements for access by
the disabled. Interpretive signs shall be designed in such a manner that is
consistent with other interpretive signs on the site. Interpretive signs shall be
constructed of materials that are of high quality, vandal resistant, and able to
withstand harsh environmental conditions.
b. Donation Acknowledgements/Memorial Plaques: Donation acknowledgments
will be determined and approved by City staff.
4. Benches, Tables, Bicycle Racks, Drinking Fountains, and Other Amenities
a. Donated benches become the exclusive property and maintenance responsibility
of the City.
b. Site preparation, installation, and site restoration will be the responsibility of
the City but may be charged to the donor.
c. The amenity must be similar to or complement other amenities in the area.
5. Public Art
a. Donated public art becomes the exclusive property and maintenance responsibility of
the City.
b. Site preparation, installation, and site restoration will be the responsibility of the City
but may be charged to the donor.
c. Donated public art must be consistent with the Public Art Plan, as approved and updated
from time to time.
56. Buildings, and Structures, and Public Art
a. Donated buildings, and structures (including playgrounds) and public art are
not considered as part of this policy.
Section 6. Conditions
1. Installation: Installation of donated public space elements, including any donor
acknowledgement, will be completed by City personnel, unless mutual agreement
for other arrangements has been reached. The installation will be scheduled at a
time and date as determined by Public Works Operations and Maintenance, so as
not to unnecessarily interfere with routine maintenance activities.
2. Removal and/or Relocation: This section applies to both existing and new
donations. The City reserves the right to remove and/or relocate donated public
space elements and their associated signage, when they interfere with site safety,
maintenance or construction activities.
Section 7. Severability. If any one or more sections, subsections, or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect.
Section 8. This resolution shall take effect and be in force immediately upon its passage.
PASSED by the City Council this 23rd day of May 2023.
APPROVED by the Mayor this 23rd day of May 2023.
Brenda Fantroy-Johnson, Mayor
ATTEST/AUTHENTICATE: By: _____________________
Christine Brown, MMC, City Clerk
FILED WITH THE CITY CLERK: May 19, 2023 PASSED BY THE CITY COUNCIL: May 23, 2023 RESOLUTION NO. 2023-02
Exhibit A Agreement Between The City of Bainbridge Island and [Donor’s Name] for [donation]
THIS AGREEMENT, entered into this day of , 202_, is by and between the City of
Bainbridge Island (the “City”), a municipal corporation, and [Donor’s Name] (the “Donor”),
Donors’ Address.
WHEREAS the Donor and the City recognize the importance of public facilities and amenities;
WHEREAS the Donor has offered to donate (specify item- planting, park amenity, artwork,
etc.).
NOW, THEREFORE, the City and the Donor, for the consideration and under the described
conditions and obligations, hereinafter set forth and agree as follows:
Section 1. The donation, known as name of item, as described below, is donated in its
entirety to the citizens of Bainbridge Island to be hereafter owned by the City of
Bainbridge Island and managed on behalf of the citizens by the Department of
Public Works.
Section 2. Description and Location: The item is (describe) to be located at (location).
Space or Facility:
Location:
Additional information:
Section 3. The City reserves the right to move/remove and/or retire the donation following
cessation of a five-year period. The five-year period shall commence upon the
date entered into and indicated above.
Section 4. Maintenance The City shall be responsible for maintenance of the item, including any
reasonable repairs, and will have the discretion to not replace and/or repair the
donation, if it is deemed damaged beyond reasonable repair and/or replacement,
suffers repeated vandalism, and/or expires prior to cessation of the five year
period. Maintenance or replacement of the item will be at the City’s sole
discretion.
Section 5. Term
The initial term of this agreement shall be five years. Following cessation of the
five-year period, the City may treat the donation as it would any other City
property similar in nature.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by
their duly authorized officials:
IN WITNESS whereof the parties have executed this Agreement on the date set forth above.
By: By:
City of Bainbridge Island Donor
Address: Address:
280 North Madison Avenue ________________________________
Bainbridge Island, WA 98110 ________________________________
Exhibit B
Approved Public Space Amenities – EXAMPLES ONLY
Benches
Streetscapes, Inc.
Mollymook Streetscape Bench
Hardwood Kwila Timber Laser
Cut Backrest Mild Steel Frame
Wood Finish - Natural Frame Finish - Powder Coated
Streetscapes, Inc.
Paper Boat Cast Stone Bench
Designed in the spirit of "design for all" including people with disabilities.
Construction - Cast Stone
Streetscapes, Inc.
Sydney Bench Designer - David Shaw
Boulevard UpCycled Urban Hardwood
Cast Aluminum Frame and Armrests Finish - Powder Coated
Streetscapes, Inc.
Cityscape Bench
Designed by Arne Quinze
Waterproof and Graffiti Protection
Dimensions - 153.54?W x 19.69?D X 12.21?H
Material - Cast Stone
Tables
Architonic.com
Urbanis modular system
Manufacturer Westeifel Werke
Designer Team Westeifel Werke
Architonic id 1235439
Architonic.com
cassecroute table
Manufacturer CASSECROUTE
Designer Wim Segers, Ronald Mattele
Launched in 2008 Architonic id 1136675
Bicycle Racks
Streetscapes, Inc.
Melting Cone Bicycle Rack
Parking Capacity - Two Bicycles Finish - Powder Coated
Streetscapes, Inc.
Coffee Mug Bicycle Rack
Parking Capacity - Two
Bicycles Finish - Power Coated
Streetscapes, Inc.
Paper Clip Bicycle Rack Mild Steel Tubular Construction
Finish - Powder Coated
Bus Shelters
Streetscapes, Inc.
Boulevard Transit Shelter
Cantilevered Barrel Vault Roof
Roof Panels - 24 Gauge Metal
Roof
Columns - Tubular Square Steel Cantilevered
Finish - Primed with ECoat and Power Coated
Streetscapes, Inc.
Old Town Transit Shelter
Barrel Vault Roof
Roof Panels - Metal 24 ga. Mega-Rib
Roof Panel Ribs Located on 7.2" Centers Columns - Square
Wind Screen Located on Shelter Sides and Back
Wind Screens Construction - Lexan
Frame and Column Finish - Primed and Powder Coated
Dimensions - 30'-0"W X 10'-0"D
Waste Receptacles
Big Belly Solar Trash Container
www.Bigbellysolar.com
85 Wells Avenue, Suite 305
Newton, MA 02459
Ph: 888-820-0300
info@bigbellysolar.com