Board of Directors Regular Meeting Agenda


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Meeting Date: 03/22/2018  

SUBJECT MATTER:
Receive, consider and act upon the first amendment to the 2015 Donation and Indemnification Agreement with Maximizing Children's Ministries International (C-2015-5217A);
FISCAL IMPACT:
For each playground donated through this program, The Woodlands Township realizes a cost savings on average of approximately $5,000, as the Maximizing Children's Ministries  Project Playground group takes responsibility and bears the cost for the removal of the playground equipment.  Otherwise the Township would bear the cost of the removal of the old playground equipment when the new equipment is installed. As there will be up to 14 playgrounds donated through the program now and into the future, the cost savings will be approximately $70,000.
BACKGROUND:
In March 2015, The Woodlands Township Board of Directors approved  the Donation and Indemnification Agreement with Maximizing Children's Ministries (Attachment A). 

The agreement was the result of a proposal received through Dr. David Mabrey from Maximizing Children's Ministries (MCM) to donate any used playground equipment that is being replaced by the Township to them for reuse in foreign countries. Their Project Playground recycles playgrounds destined for destruction by refurbishing and replanting them overseas in impoverished communities for the development and enjoyment of children around the world (Attachment B).  

There is little to no salvage value to the used playground equipment which otherwise ends up in the landfill.  Therefore, whoever removes and disposes of the equipment is doing a service to the Township. As the Maximizing Children's Ministries organization re-purposes the equipment in foreign countries outside the United States  and provides indemnification and insurance coverage to the Township, the Township is able to donate the equipment with no risk exposure. Moreover, the indemnification and insurance so provided could, in fact, be regarded as consideration. 

The playground equipment that has been recently been replaced through this agreement and this program has been installed through MCM in the countries of Sierra Leone and Nicaragua and other equipment is in transit to be installed in Malawi (Attachment C). 

As additional playgrounds have been approved by the Township Board of Directors for replacement and MCM is willing and able to continue the program, a First Amendment to the Donation and Indemnification Agreement has been prepared  that provides additional playground equipment removed from various Township parks for the continuation of the program (Attachment D). 
 
RECOMMENDATION:
Approve the First Amendment to Donation and Indemnification Agreement with Maximizing Children's Ministries as presented and authorize the President/General Manager to execute the agreement as approved to final form by legal counsel. 
 
Attachments
Attachment A - Donation and Indemnification Agreement Maximizing Children's Ministries Playground Equipment
Attachment B - Project Playground Proposal
Attachment C - Donated Playgrounds Photos
Attachment D - First Amendment Donation and Indemnification Agreement Maximizing Children's Ministries


    

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