Chapter 2.10
DONATIONS MADE TO THE CITY
Sections:
2.10.010 Acceptance of donations.
2.10.015 Donation agreement in writing.
2.10.020 Criteria for acceptance of nonmonetary donations.
2.10.025 Costs of purchase, installation, and maintenance of nonmonetary donations.
2.10.030 Conditions for installation of nonmonetary donations.
2.10.035 Removal or relocation of nonmonetary donations.
2.10.040 Management of nonmonetary donations.
2.10.005 Donation defined.
“Donation” refers to any money or asset, real or personal, devised or bequeathed, with or without restriction, for municipal affairs pertaining to the city of Bainbridge Island with no corresponding exchange of goods or services provided by the city. Any condition provided for by the donor shall be honored by the city if the donation is accepted by the city manager or the city council. (Ord. 2022-12 § 2, 2022)
2.10.010 Acceptance of donations.
A. Ownership. Any donations accepted by the city shall be the property of the city.
B. Monetary Donations Having a Value of $50,000 or Less. The city manager is authorized to accept monetary donations to the city having a value of $50,000 or less, and to carry out the terms of the donation, devise, or bequest, if the purposes and conditions of the donation are within the powers granted by law to the city. If no terms or conditions are attached to the donation, devise, or bequest, the city may expend or use the same for any municipal purpose.
C. Nonmonetary Donations Having a Value of $50,000 or Less. The city manager is authorized to accept nonmonetary donations having a value of $50,000 or less, and to carry out the terms of the donation, devise, or bequest, if the purposes and conditions of the donation are within the powers granted by law to the city. If no terms or conditions are attached to the donation, devise, or bequest, the city may use the same for any municipal purpose.
D. Donations Having a Value Greater Than $50,000. For any donation having a value greater than $50,000, the city manager or their designee shall bring a donation proposal to the city council for its consideration as to whether it will accept the donation.
E. Nonacceptance of a Donation.
1. The city manager may decline to accept a donation having a value of $50,000 or less for any reason, including but not limited to if such donation is not consistent with the policies, plans, or goals of the city or if acceptance of same is contrary to law, at the sole discretion of the city manager.
2. The city council may decline to accept a donation having a value greater than $50,000 for any reason, including but not limited to if such donation is not consistent with the policies, plans, or goals of the city or if acceptance of same is contrary to law, at the sole discretion of the city council. (Ord. 2022-12 § 3, 2022)
2.10.015 Donation agreement in writing.
Any donation shall have an associated donation agreement, as provided to the donor by the appropriate city department.
A. Monetary Donation Agreements. A monetary donation agreement shall include, but not be limited to, these terms: the name of the donor; the amount of the donation; an acknowledgement that the city shall become the owner of the donation; and any conditions set forth by the donor related to the donation, including but not limited to limitations on city use of the donation.
B. Nonmonetary Donation Agreements. A nonmonetary donation agreement shall include, but not be limited to, these terms: the name of the donor; an acknowledgement that the city shall become the owner of the donation; a name and description of the donation; and any conditions set forth by the donor related to the donation, including but not limited to location and maintenance details.
C. Prior to the execution of a donation agreement, the city, at the discretion of the city manager or their designee, reserves the right to modify the terms set forth above for donation agreements on a case-by-case basis. The city shall not modify any conditions set forth by the donor without the prior written consent of the donor. (Ord. 2022-12 § 4, 2022)
2.10.020 Criteria for acceptance of nonmonetary donations.
The city manager or their designee shall evaluate the appropriateness of any nonmonetary donation. Criteria related to acceptance should include, but are not limited to: (A) meets a true need of the city; (B) does not interfere with the intended current or future use of city facilities; and (C) does not require the relocation of other equipment or infrastructure to accommodate the donation. The city reserves the right to deem any city space and/or facility fully developed, and to thereby reject a donation. The city reserves the right to consider any evaluation criteria during the donation consideration process. (Ord. 2022-12 § 5, 2022)
2.10.025 Costs of purchase, installation, and maintenance of nonmonetary donations.
The city manager or their designee shall assess, at the time of donation, a charge sufficient to cover the anticipated full cost of installation and to cover ongoing maintenance of any nonmonetary donation related to the anticipated life cycle of the item, as applicable. (Ord. 2022-12 § 6, 2022)
2.10.030 Conditions for installation of nonmonetary donations.
The city manager or their designee shall manage the installation of nonmonetary donations. Installation of donated public space elements, including any donor acknowledgement, shall be completed by city personnel, unless mutual agreement for other arrangements has been reached in writing. The installation will be scheduled at a time and date as determined by the public works director or their designee, so as not to unnecessarily interfere with routine maintenance activities. (Ord. 2022-12 § 7, 2022)
2.10.035 Removal or relocation of nonmonetary donations.
The city reserves the right to remove and/or relocate nonmonetary donations, including donated public space elements and their associated signage, when they interfere with site safety, maintenance, or construction activities. (Ord. 2022-12 § 8, 2022)
2.10.040 Management of nonmonetary donations.
The city manager or their designee shall manage the retention, improvement, return to donor, transfer, trade, sale, donation to other agency, or any other disposition of any nonmonetary donation made to the city. (Ord. 2022-12 § 9, 2022)
2.10.045 Donation of art.
Chapter 3.80 BIMC provides for terms related to “private sources of public artwork.” This chapter does not supersede the terms there contained. Where it is unclear which chapter applies to a donation, the city manager or their designee shall determine which chapter applies. (Ord. 2022-12 § 10, 2022)
2.10.050 Accounting.
The city finance department is responsible for providing for the deposit and financial administration of any monetary donation to the city or any monies provided as part of a nonmonetary donation. The finance director shall establish rules and regulations for the accounting and administration of donations, consistent with this chapter and applicable law. (Ord. 2022-12 § 11, 2022)
2.10.055 Donation receipts.
The finance director, or their designee, shall provide a receipt to the donor once a donation is completed that includes, but is not limited to, the identity of the donor, the value of the donation, when the donation was received, and a statement that the contribution was solely for public purposes. Should a donor wish to remain anonymous, at the request of the donor, the receipt may exclude the identity of the donor. (Ord. 2022-12 § 12, 2022)
2.10.060 Emergency donations.
A. In the event the city manager proclaims a state of emergency, the acceptance of both monetary and nonmonetary donations shall be at the discretion of the city manager or their designee, unless otherwise prohibited by law.
B. The city manager or their designee shall provide for policies related to proper documentation of donations accepted during any state of emergency as described in subsection A of this section. (Ord. 2022-12 § 13, 2022)