HomeMy WebLinkAbout2015_04_01 Supplemental Attachment - Donation Policy
Supplemental Attachment for Item 5: Amended Donation Policy Page 1 of 1
CITY OF SARATOGA
Memorandum
To: Saratoga City Council
From: Crystal Bothelio, City Clerk
Date: April 1, 2015
Subject: Supplemental Attachment for Item 5: Amended Donation Policy
After the agenda packet for the April 1, 2015 City Council Meeting was prepared, staff identified
additional recommended changes to the Amended Donation Policy. Changes in red were shown in
the proposed policy included with the agenda packet. The new, additional changes are shown below
in blue and a copy of the new proposed policy is attached.
IV. Procedures
1. Unrestricted donations of $5,000 or less may be accepted or declined by the City Manager.
Restricted donations of $500 or less may be accepted or declined by the City Manager.
Unrestricted donations of more than $5,000 and restricted donations of more than $500 must be
brought to the City Council for consideration. approval and acceptance. The City Manager may
accept or decline any donation in the City Manager’s sole discretion and may choose to request
City Council consideration of any donation.
2. The City Manager may accept or decline any donation in the City Manager’s sole
discretion and may choose to request City Council consideration of any donation,
regardless of value. The City Manager shall report to the City Council on all donations in
excess of $1,000 at a City Council meeting within thirty days of accepting the donation.
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City of Saratoga
Donation Policy
I. Purpose
Members and supporters of the Saratoga community from time to time wish to support
the community by making donations to the City of Saratoga. The City Council
appreciates this generosity and has adopted this policy regarding donations to the City of
Saratoga, including City departments and City sponsored programs, activities, and events.
(This policy is distinct from the Employee Gifts Policy, which provides City of Saratoga
employees with a clear standard about when it is acceptable and prohibited to accept gifts
from a member of the public, a business, an organization, or other entity.)
II. Definitions
1. Donation: a contribution made to the City without expectation of goods, services, or
significant benefit or recognition in return. Donations may be in the form of money or
in-kind contributions of products, services, investment securities, real property (land),
or any combination thereof. A donation may be unrestricted, where the donor has
placed no limitation on its use, or restricted, where the donor has restricted its use to a
specified purpose. Donations that, if accepted, would obligate the City to enter into a
service, procurement, or other agreement shall not be considered a donation. Grants
to the City from a local, state, or federal agency are not subject to this policy.
2. Donor: Any organization or individual who provides the City with a donation.
3. Donation Agreement: An agreement between the City and the donor that details any
restrictions on a donation as well as the respective obligations of the donor and the
City.
4. Fundraising: Any activity conducted with the intent of generating donations to the
City. Fundraising activities may include, but are not limited to, promoting endowment
programs, program adoption or pledge drives, and contacting individuals, companies,
foundations, or other entities with a request for a donation to the City.
III. General Provisions
1. The City welcomes unrestricted donations as well as restricted donations that enhance
City services, reduce costs that the City would incur in the absence of the donation, or
that otherwise provide a benefit to the City. The City may decline any donation
without comment or cause.
2. Donors shall not expect, nor shall the City grant, any extra consideration to the donor
in relation to City procurement, regulatory matters, or any other business, services, or
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operations of the City. To avoid the possible appearance of extra considerations,
members of the Planning and Heritage Preservation Commissions and staff of the
Community Development Department are not authorized to solicit donations to the
City.
3. No City Council member, Commissioner, employee, or volunteer shall solicit
donations in excess of $500 in money or in-kind services for any City project,
program, activity, or event (“supported activity”) unless the City Council has
approved a fundraising plan for the supported activity. A recommended form for a
fundraising plan is attached as Exhibit A to be revised as appropriate for the
fundraising goal and type of supported activity in question.
4. Donations must be directly related to providing goods or services to the public or for
another valid public purpose. Donations may not be used for personal financial gain
of any City elected or appointed official or employee.
5. The net benefit of a donation should be considered when determining whether to
accept a donation. Net benefit includes all lifecycle costs of ownership, including
maintenance, repair, clean-up, administrative, and any potential liability or expenses
that may be associated with the donation.
a. Donations may not be used to implement new on-going programs or services
unless a permanent source of revenue is identified to support the program or
service.
b. Potential costs and liabilities should be considered if a donation of personal
property or of a service does not include the same indemnification, insurance,
bonding, or warranties that the City would normally receive through procurement
of personal property or services.
c. Real property may be donated to the City provided that it will not expose the City
to an unreasonable risk of litigation or liability, because of the physical condition
of the property or existence of claims, liens, and encumbrances against the
property.
6. Council members and other City officials are responsible for reporting fundraising
activities and donations as required by applicable laws and regulations.
IV. Procedures
1. Unrestricted donations of $5,000 or less may be accepted or declined by the City
Manager. Restricted donations of $500 or less may be accepted or declined by the
City Manager. Unrestricted donations of more than $5,000 and restricted donations
of more than $500 must be brought to the City Council for consideration. approval
and acceptance. The City Manager may accept or decline any donation in the City
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Manager’s sole discretion and may choose to request City Council consideration of
any donation.
2. The City Manager may accept or decline any donation in the City Manager’s sole
discretion and may choose to request City Council consideration of any donation,
regardless of value. The City Manager shall report to the City Council on all
donations in excess of $1,000 at a City Council meeting within thirty days of
accepting the donation.
3. The City Council shall consider proposed unrestricted donations beyond the authority
of the City Manager set forth above, all proposed restricted donations, and proposed
donations referred to it by the City Manager. The City Council may accept or decline
any donation at its sole discretion.
4. All donations will receive appropriate recognition as determined by the City Manager
or City Council at the time the donation is accepted, taking into consideration the
nature and level of the donation. Upon request of the donor or if specified in a City-
initiated request for donors, limited forms of promotional activity (such as logo or
name placement on signs, flyers, and other materials related to a program or activity
supported by the donation) are permitted. The appearance of traditional commercial
advertising should be avoided and the size of donor recognition should be in keeping
with the size of non-recognition information used in the materials. The agreed upon
form of recognition should be identified in the donor receipt or a donation agreement.
Any naming of City parks, property, or facilities shall follow the guidelines set forth
in the City’s Policy Pertaining to Naming City-Owned Land and Facilities.
5. When donations with a value in excess of $100 are accepted or upon the request of
the donor, the City will issue the donor a receipt indicating the amount of the
donation or describing the goods or services donated within 30 days of receiving the
donation. (In accordance with the Internal Revenue Code the City does not provide
an estimated value of in-kind donations; donors may refer to IRS Publication 561 for
more information on valuing donated property.) The donation receipt shall also
include the date of the donation, the name of the donor, the purpose of the donation
(if a restricted donation), a brief description of any public recognition that will be
made by the City, and note that the donor received no goods or services in exchange.
The original receipt shall be submitted to the donor and the City shall retain a copy.
A sample donation receipt is attached as Exhibit B.
6. Before acceptance of a restricted donation valued at more than $500 or an
unrestricted donation valued at more than $5,000, the respective obligations of the
donor and the City shall be set forth in a donation agreement. A sample donation
agreement is attached as Exhibit C. The City Manager or City Council may require
donation agreements for donations valued at $5,000 or lessany amount.
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7. The City shall maintain records for the receipt of all donations and shall comply with
all reporting requirements and regulations including, but not limited to, FPPC
Regulation 18944.2 Gifts to an Agency. For donations that were made at the behest
of a City Council member that person shall determine whether a Form 803 (Behested
Payments Report) is required pursuant to the Political Reform Act.
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EXHIBIT A – FUNDRAISING PLAN FORM
City of Saratoga Fundraising Plan
Fundraising Plan Title & Purpose: Please provide a title and description for your fundraising
project.
Fundraising Participants: Please list the names for all groups and individuals that will be
conducting fundraising.
Donation Type/Amount: Please describe the types and amount of donations that will be
sought.
Anticipated Donors: Please describe who will be approached for donations.
Donor Recognition Plan: Please describe how donors will be recognized.
Fundraising Timeline:
Council Review of Fundraising Plan:
Fundraising Start:
Fundraising Completion:
Council Review of Donations:
Donor Recognition Complete:
Restrictions/Reporting: Please identify any restrictions or reporting requirements
associated with this fundraising plan.
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EXHIBIT B – SAMPLE DONATION RECEIPT
City of Saratoga Donation Receipt
This is to confirm that on __________________ [insert date] the City of Saratoga received from
__________________________________________________ [insert donor name and address]:
a monetary contribution of $_________________
a non‐monetary contribution consisting of [describe goods, services, property,
securities, etc.]:
No goods or services were provided by the City of Saratoga in return for the contribution.
The City sincerely appreciates your donation.
_______________________
Mary Furey
Administrative Services Director
City of Saratoga
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EXHIBIT C – SAMPLE DONATION AGREEMENT
City of Saratoga
Standard Donation Agreement
The undersigned Donor wishes to make a donation to the City of Saratoga as described in more
detail below.
Donor is (check and complete all that apply):
donating $_________________________ in a lump sum
donating $_________________________ in __________________ (monthly, quarterly,
etc.) payments of $_________________________ in __________________ installments.
donating the following (describe products, services, investment securities, real property,
etc.):
If this box is checked the City’s acceptance of the donation described above is subject to the
conditions specified on Attachment 1.
If this box is checked this donation is restricted to the following uses:
City will publicly recognize donor by (describe recognition):
If this box is checked this donation is being made at the behest of Council
Member/Commissioner/City Staff Member __________________________.
In connection with administering this agreement, Donor and City shall work through the
following primary representatives:
City of Saratoga Donor
Primary Representative:
Address:
Telephone:
Fax:
Cell Phone:
E-mail:
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In addition to the foregoing, Donor and City understand and agree that:
1. The City will provide Donor with a donation receipt indicating the amount of the
donation or estimated value of goods or services donated within 30 days of receiving the
donation.
2. Donor’s contribution to the City will be recognized publicly as described above.
3. Except as provided above, the City may use the donation in any manner at its sole
discretion and Donor has no right or obligation to control City’s use of the donation.
4. Donor has not and will not receive any goods or services in exchange for the donation
and the City will not grant any extra consideration to the donor in relation to City
procurement, regulatory matters, or any other business, services, or operations of the
City.
5. Donor confirms that unless indicated otherwise above this donation is not made at the
behest of a City Council Member or of any member of the Planning or Heritage
Preservation Commissions or staff of the Community Development Department.
IN WITNESS WHEREOF, the parties hereto have executed this agreement.
Donor City of Saratoga
James Lindsay, City Manager
Name Title
Date: Date:
ATTEST:
Crystal Bothelio, City Clerk
Date:
APPROVED AS TO FORM:
Richard Taylor, City Attorney
Date:
663906.5