Loading...
HomeMy WebLinkAboutCity Council Policy #204CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Donation Acceptance Policy POLICY #204 ADOPTED: October 21, 2003 AMENDED: December 10, 2013 Purpose From time to time, individuals, community groups and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs, and the need for such projects, facilities and programs often exceeds the City's ability to fund them. Accordingly, it is an acceptable and appropriate practice to accept donations, in order to enhance city programs and/or facilities to provide a higher level of service to the public. The purpose of this policy is to establish an orderly and efficient process for the acceptance of donations made to the City. It is also important to process donations in such a way so as to distinguish between donations made to the City, versus those made to individuals (ie gifts or campaign contributions). Policy All donations made to the City shall be accepted and processed according to the following: 1. The donation must have a purpose consistent with City goals and objectives. 2. The City Council may decline any donation without comment or cause. 3. The donation must not be in conflict with any provision of the law. 4. In -kind donations will be aesthetically acceptable to the City of National City. 5. The donation will not add to the workload of the City Council or staff unless it provides a net benefit to the City. 6. The donation will not require hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. To the extent the donation is for specific funding of a program or position, any such donation can be accepted but will not be conditioned on continuing funding for that program or position beyond the donation amount. 7. The donation must place no restriction on the City, unless agreed to by the City Council. Page 1 of 4 TITLE: Donation Acceptance Policy POLICY #204 ADOPTED: October 21, 2003 AMENDED: December 10, 2013 8. The donation shall become the property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking or naming, as determined by the City Council. Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising or product endorsements that promote the donor shall be prohibited. 10. All monetary donations shall be submitted to the Finance Department staff. A receipt shall be made available from the Finance Department, upon request. Recipient departments shall notify the Finance Department of all donations received, whether monetary or otherwise. 11. Cash donations exceeding $5,000, and in -kind donations exceeding $5,000 in value, must be submitted through a written agreement consistent with these guidelines and approved by the City Council. In -kind capital donations will be subject to normal City review, permitting, inspection and insurance requirements. 12. At the time of acceptance, all donations, regardless of value, will be acknowledged in writing, by the recipient department, in a format approved by the City Attorney. The original acknowledgement will be sent to the donor and a copy forwarded to the Finance Department. Related Policy References Council Policy #115: Donating City Property & Police Unclaimed Property Council Policy #117: Distribution & Reporting of Tickets and Passes Two templates for "Donation Acceptance" agreements are attached to this policy Prior Policy Amendments None Page 2 of 4 UNCONDITIONAL DONATION OF PERSONAL PROPERTY (ART WORK) TO THE CITY OF NATIONAL CITY (hereinafter referred to as "the Donor") hereby (Name of Donor) makes an unconditional donation, in perpetuity, of (Description of Donation) (hereinafter referred to as "the Donation") to the City of National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said donation for any public purpose that the City desires. Due to the nature of the donation work of art and the site on which it is installed, the DONOR and his/her agents, heirs, successors and assigns hereby waive any and all rights they may have under thee California Art Preservation Act, as set forth in Civil Code Section 987. The DONOR agrees that upon completion, the physical work of art which is created pursuant to this Agreement shall be transferred to and shall vest in the City of National City, and the DONOR hereby expressly waives and releases all rights of ownership to the work of art, including those under Civil Service Code Section 988. The DONOR, his/her agents, heirs, successors and assigns also agree not to attempt to defeat this waiver by cooperating with any organization which seeks to bring an action under Civil Code Section 989. The Donor hereby releases the City of National City and its officers, employees and volunteers, against and from any and all liability, loss, damages to property, claims, demands, suits, actions, proceedings, costs or attorney's fees, of any kind or nature, resulting from or arising out of the City's use of the Donation. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: DONOR By: (Authorized Representative) For Office Use Only Certificate of Insurance Approved Date Page 3 of 4 UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY (hereinafter referred to as "the Donor") hereby (Name of Donor) makes an unconditional donation, in perpetuity, of (Description of Donation) (hereinafter referred to as "the Donation") to the City of National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said donation for any public purpose that the City desires. As a condition of the granting of permission by the City of National City to the donor to conduct its activities on public property, the donor hereby agree(s) to defend, indemnify and hold harmless the City of National City its officers, employees and agents, from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property by the donor or its agents, employees or contractors. The Donor agrees to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured. A certificate of insurance must be attached to this form. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Dated: DONOR By: (Authorized Representative) For Office Use Only Certificate of Insurance Approved Date Page 4 of 4