Chapter 3.34
ACCEPTANCE OF DONATIONS AND GIFTS
Sections:
3.34.020 Administration of donations.
3.34.030 Acceptance of donations.
3.34.040 Conflicts of interest.
3.34.060 Acknowledgement of donors and dedicatory plaques.
3.34.070 Donation and memorial guide.
3.34.010 Definitions.
“Donation” means any monetary or nonmonetary gift, grant, devise, or bequest to the City. A monetary donation includes cash or a check, money order, or any other negotiable instrument. A nonmonetary donation includes any real or personal property, including art.
“Donor” means the person providing a donation to the City.
“Plaque” means a flat plate containing information that is either engraved or in bold relief that may be affixed to a park asset or displayed in a public place as a form of recognition.
“Practical use” means a use of a nonmonetary donation to the City that balances how the City may use a donation, relative to any costs the City may incur to store, maintain, or use the nonmonetary donation. This concept of practical use is intended to be a balancing test of the totality of all known factors relating to a potential donation’s usefulness to the City.
“Sponsorship” means a financial or in-kind support from a person for a specific service, program, facility, park, or event in return for certain benefits.
“Sponsorship agreement” means the legal instrument that establishes the terms and conditions agreed upon by the parties. (Ord. 20-018 § 1, 2020; Ord. 17-009 § 2, 2017).
3.34.020 Administration of donations.
The city manager shall have the responsibility for the administration of all donations to the City. (Ord. 20-018 § 1, 2020; Ord. 17-009 § 2, 2017).
3.34.030 Acceptance of donations.
A. The city manager may accept or decline any donation and, pursuant to SVMC 3.34.050, carry out the terms or conditions of the donations subject to the following conditions:
1. The city manager may accept or decline, without city council action, monetary donations valued up to $200,000. The city manager may, at his/her discretion, seek input from the city council as to whether a donation should be accepted or not by the City.
2. The city manager may accept or decline any nonmonetary donations. In determining whether to accept the nonmonetary donation, the city manager shall consider the potential practical use the City could make of the property. The city manager may, at his/her discretion, seek input from the city council as to whether a donation should be accepted or not by the City when accepting the donation would require expenditure of City funds for storage, maintenance, upkeep, repair, or similar costs.
B. The determination by the city manager to accept or decline any donation pursuant to Chapter 3.34 SVMC shall be final, and is not appealable. The city manager shall provide a written report to the city council within 30 days of receipt of any donation to the City, or the determination to decline a donation. (Ord. 20-018 § 1, 2020; Ord. 17-009 § 2, 2017).
3.34.040 Conflicts of interest.
The city manager shall not accept any donation which creates a conflict of interest, is given in return for financial favors, business with the City, or other City-business-related benefit to donor, or which reasonably creates an appearance of impropriety. If the city manager has a question as to whether a donation creates a conflict of interest or may create an appearance of impropriety, the city manager shall consult with the office of the city attorney. (Ord. 20-018 § 1, 2020; Ord. 17-009 § 2, 2017).
3.34.050 Use.
Once a donation is accepted by the city manager, or by motion of the city council for monetary donations over $200,000, the donation shall become City property, and the City shall have sole discretion as to how the donation is to be utilized regardless of any terms or conditions imposed on the receipt of the donation. Notwithstanding the above, in the event a donor has indicated a desire that a donation be used for a particular purpose by the City, the City shall make reasonable efforts to utilize the donation in a manner consistent with the donor’s intent. The City shall assume ownership and maintenance of the donated item. The City reserves the right to remove and/or relocate the donated item at all times. (Ord. 20-018 § 1, 2020; Ord. 17-009 § 2, 2017).
3.34.060 Acknowledgement of donors and dedicatory plaques.
A. Acknowledgement of Donors. Upon request by a donor, the City shall deliver to donor a written confirmation that the City received the donation, which shall contain a statement that the donation is exclusively for public use. A written confirmation of a donation may include a statement identifying the City as the organization receiving the donation, the amount of a monetary donation, a description of the nonmonetary donation but not its fair market value, and a statement that no goods or services were provided by the City in return for the donation.
B. Dedicatory Plaques.
1. Upon approval of the City, donors providing donations valued at $5,000 or greater may elect to provide a dedicatory plaque in recognition of the donation given to the City. Any plaque for this purpose is subject to the following conditions:
a. The dedicatory plaque may not exceed 12 inches by 24 inches and may include a name, date, and dedication wording, such as “donated by,” “donated for,” “in recognition of” or “in memory of.” A dedicatory plaque may exceed the maximum if approved by the city manager.
b. All plaque information will be entered on the donation/sponsorship guide order form. The donor shall be required to compensate the City for all plaque-related expenses prior to being ordered. The City shall have final authority on any content of the plaque.
c. All plaque expenses shall be borne by the donor. The City shall assume ownership and maintenance of the plaque, but the City shall not assume plaque replacement costs, including any damage due to vandalism or theft.
d. All plaques shall remain as a donated item during its useful life.
e. The City reserves the right to remove and/or relocate the plaque at all times.
2. Any recognition shall not suggest in any way the endorsement of the donor’s goods or services, or any proprietary interest of the donor.
3. The City shall have final authority regarding the placement of any dedicatory plaque. The City shall make its placement decision pursuant to the following:
a. Any physical form of on-site recognition on City property shall not interfere with visitor use, routine recreation, park operations, or other public purpose.
b. Plaques recognizing persons donating to a specific park should be placed in a designated centralized location on the park premises. (Ord. 21-020 § 1, 2021; Ord. 20-018 § 1, 2020; Ord. 17-009 § 2, 2017).
3.34.070 Donation and memorial guide.
The city manager shall periodically make available a donation and memorial guide containing prices and approved items for memorials, and prices and ideas for public donations. Donations made pursuant to SVMC 3.34.070 are not required to comply with SVMC 3.34.060(B)(1). (Ord. 20-018 § 1, 2020).
3.34.080 Sponsorships.
The city manager may accept sponsorships for approved special events and programs recognized as fundraising activities. The city manager shall create appropriate administrative policies and procedures regarding the acceptance of sponsorships for the City, including but not limited to requiring a sponsorship agreement for all accepted sponsorships and creation of a sponsorship criteria and assessment checklist. Periodically, the city manager shall make available sponsorship opportunities. Any accepted sponsorship shall not suggest in any way an endorsement of the sponsor’s goods, services, or proprietary interest of the sponsor. (Ord. 20-018 § 1, 2020).