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018-21 - Resolution - Setting Policy for Donations of Public Space AccessoriesRESOLUTION NO. OL8-2L A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SETTING POLICY FOR DONATIONS OF PUBLIC SPACE ACCESSORIES. WHEREAS, the City has received requests from citizens wanting to donate accessories, including benches, bike racks and similar items, for installation in public spaces; and WHEREAS, the City Council desires to create a policy to standardize these types of donations, and a procedure for receiving donations for city public space accessories; now, therefore, THE CITY COUNCIL OF THE CIW OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Donation Policy for Public Spaces Accessories attached hereto as Exhibit A are hereby approved and adopted as the City's official donation policy for public spaces accessories. THAT: This Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 9th day of February }OZL. Robert Putaans Mayor ATTEST: Rinearson, MMC, City Clerk t Exhibit A to Resolution No. 018-21 W CITY OF PORT ORCHARD DONATION POLICY FOR PUBLIC SPACES ACCESSORIES The purpose of this policy is to establish guidelines, standards and procedures for the installation and care of donated public improvements for installation in the City's parks and other public spaces, 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, and other types of public space accessories. This policy does not apply to buildings, land, or naming rights. This policy does not apply to other forms of donations to the City not expressly set out in this policy. The City desires to encourage donations of accessories for the City's public spaces, 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 of public space accessories made after the effective date of this policy. Donations of public space accessories made prior to the adoption of this policy shall be subject to applicable sections of this policy. STANDARDS FOR DONATIONS DEFINITIONS OF NEW DONATIONS: New donations are those made after the adoption date of this policy. 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 a mutual asreement foralternative coord ination has been reached with the donor. 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. City staff shall review all proposed Exhibit A to Resolution No. 018-21 donations against the City's public works standards and the standards set out in this policy prior to submitting the donation for approval by the Public Works Director or City Council (where applicable). All public space elements will be installed by City staff in such a manner that will not substantially change the character of a facility or its intended use. 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. PUBIIC SPACE ACCESSORIES: Donated public space accessories may include, but are not limited to, benches, bicycle racks, picnic tables, drinking fountains and similar public space accessories. The donated items must conform with the City's public works standards and the standards set out in this policy. REPAIR: The community has an interest in ensuring that all public space elements remain in good repair. ln 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. COST: The City has an interest in ensuring that the donor covers the full cost for the purchase and maintenance during the expected life cycle of donated public space elements. 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 require, at the time of donation, an additional amount sufficient to cover anticipated on-going maintenance of donated public space elements during their anticipated life cycle. PROCEDURE FOR MAKING DONATIONS The City's Public Works Department, in conjunction with the Finance Department, will manage all donations located on City property. The donor must contact the Public Works Director to determine whether a proposed donation of a public space accessory that is on the list of approved items maintained by the Public Works department will be accepted, and any conditions of acceptance. lf the donation is accepted, the donor will work with City staff to complete Donation Agreement. 2 Exhibit A to Resolution No. 018-21 Donations of public space accessories (benches, tables, bicycle racks, drinking fountains and similar amenities) that are not on the Public Works' list of approved amenities are discouraged, and will be reviewed by the Public Works Director prior to acceptance of the donations. Final approval will be granted by the City Council for the acceptance of all donations over 5s,000 in value. CRITERIA FOR ACCEPTANCE Below are general donation guidelines. These guidelines are intended to be general in nature and do not serve as formal acceptance criteria. The City reserves the right to accept or deny any/all donations. GUIDELINES: 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 may be the responsibility of the City. 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. Site preparation, installation, and site restoration may be the responsibility of the City. 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. Accordingly, the size and species of tree or trees donated shall be limited to those determined by the City. b. c d J Exhibit A to Resolution No. 018-21 3. Signage a. lnterpretive signs may be installed at sites that are appropriate for describing the history, geology, environment, and flora and fauna of a particular area. lnterpretive signs shall be of a size that is in keeping with the character of the site. lnterpretive signs shall be of a design that meets requirements for access to the disabled. lnterpretive signs shall be designed in such a manner that is consistent with other interpretive signs on the site. lnterpretive signs shall be constructed of materials that are of high quality, vandal resistant, and able to withstand harsh environmental conditions. b. Memorial Plaques: Donation acknowledgments will be determined 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. c. The amenity must be similar to or complement other amen ities in the area. d. For McCormick Village Park and Downtown Waterfront locations, bench donations shall be located according to the map maintained by city staff. 5. Buildings, Structures, and Public Art a. Donated buildings, structures (including playgrounds) and public art are not considered as part of this policy. To accept a donation for a specific facility, the donation must 1) meet a true need of the facility, 2) not interfere with the intended current orfuture use of the facility and 3) 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 reject the donation. CONDITIONS INSTALLATION: lnstallation of donated public space elements, including any donor acknowledgement, will be completed by City personnel,un less mutual asree ent for other arrangements has been reached. The installation will be scheduled at a time and 4 Exhibit A to Resolution No. 018-21 date as determined by Public Works Department, so as not to unnecessarily interfere with routine maintenance activities. DONATION ACKNOWLEDGEMENTS/MEMORIAL PLAQUES: A donor may request a memorial plaque be affixed to the donated public space accessory at the time the initial donation is submitted to the Public Works Director. Memorial plaques, including whether one will be affixed, the materials, the language of the acknowledgment, and the location of the acknowledgement plaque, will be determined by City staff. The contents of the memorial plaque are government speech, and are subject to the City's sole discretion based on the City's evaluation of the honoree's service and/or relation to the community. REMOVALAND/OR RELOCATION: This section applies to both existing and new donations. The City reserves the right to remove andf or relocate donated public space elements and their associated signage, when they interfere with site safety, maintenance, or construction activities. Approved by the City Council on (INSERT DATEI 5