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HomeMy WebLinkAbout8.2 - 1399 Donation and Sponsorship Policy Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: September 5, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Creation of a Donation and Sponsorship Policy Prepared by: Tegan McLane, Cultural Arts & Heritage Manager EXECUTIVE SUMMARY: The City Council will consider the adoption of a Donation and Sponsorship Policy. The Policy outlines the process for accepting contributions, delineates between different types of contributions, establishes a process for soliciting and accepting contributions and recognizing contributors, and lists restrictions on the type of contribution it will accept. STAFF RECOMMENDATION: Adopt the Resolution Adopting the Donation and Sponsorship Policy. FINANCIAL IMPACT: N/A DESCRIPTION: This draft Donation and Sponsorship Policy has been developed by the Parks & Community Services Department, which deals with the largest number of sponsors, and has been reviewed and approved by department heads, the City Manager and the City Attorney. (Attachment 1) The Donation and Sponsorship Policy explains the City’s perspective on accepting contributions, delineates between different types of contributions, establishes a process for soliciting and accepting contributions and recognizing contributors, and lists restrictions on the type of contribution it will accept. The City Council will only be required to formally accept donations above $45,000, just as it currently approved purchases over $45,000. Those donors will be recognized at the City Council meeting where their gift is formally accepted. Page 2 of 2 In general, donors under $45,000 will be collectively recognized in a Staff Report presented annually. As the City Manager has authority to customize sponsorship benefits below $45,000, he can choose to have City Council recognize special gifts below the $45,000 threshold when it is necessary or desirable to do so. Staff recommends City Council adopt the proposed Donation and Sponsorship Policy to take effect with donations received starting October 1, 2017. Sponsors who have already pledged contributions for the rest of 2017 may be acknowledged at City Council as was promised at the time their sponsorship was negotiated. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Resolution Adopting the Donation and Sponsorship Policy 2. Exhibit A to the Resolution - Donation and Sponsorship Policy RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * ADOPTING THE DONATION AND SPONSORSHIP POLICY WHEREAS, the City Council recognizes that there is benefit in partnering with businesses, organizations, individuals, and grant -makers to fund City-run programs, events, facilities, assets and services; and WHEREAS, the City, to date, has not had a formal policy guiding the collection of donations or solicitation of sponsorships; and WHEREAS, Staff developed and presented a Donation and Sponsorship Policy for the City Council; and WHEREAS, the Policy establishes guidelines, processes and criteria for the acceptance of donations and the consideration of requests for sponsorship in a manner that is consistent with the City’s Mission, Vision and Values. NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby adopt the Donation and Sponsorship Policy, attached hereto as Exhibit A to the Resolution. PASSED, APPROVED AND ADOPTED this 5th day of September 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: __________________________________ Mayor ATTEST: City Clerk THE CITY OF DUBLIN DONATION AND SPONSORSHIP POLICY 1. Purpose. The City recognizes that there is benefit in partnering with businesses, organizations, individuals, and grant-makers to fund City-run programs, events, facilities, assets and services. Contributions from outside sources of cash, in-kind services, labor, equipment or supplies can reduce direct expenses, including staff time; aid in garnering public enthusiasm and support for the activity; and leverage additional resources. This Policy is intended to establish guidelines, processes and criteria for the acceptance of donations and the consideration of requests for sponsorship in a manner that is consistent with the City’s mission, vision and values. The City shall solicit, evaluate, and accept donations and/or sponsorships in a manner consistent with this Policy.The City will neither solicit, nor accept, funding or in-kind donations counter to the City’s mission, vision and values. 2. Definitions. The following definitions shall apply to this Policy: a. Sponsorships are cash or in-kind products and services offered by sponsors with an expectation that an obligation is created. The recipient (City of Dublin) is obliged to return something of value to the sponsor. The value is typically public recognition and publicity or advertising highlighting the contribution of the sponsor and or the sponsor’s name, logo, message, products or services. Sponsors must be businesses, non-profit groups, or individuals that promote mutually beneficial relationships for the City of Dublin and whose purpose is consistent with the City’s Mission, Vision and Values. The City of Dublin possesses sole and final decision-making authority for determining the appropriateness of a sponsorship relationship and reserves the right to refuse to enter into any proposed sponsorship agreement. b. Donations are offeringin the form of cash or real/personal property with or without restrictions on how the money or in-kind resources are used. The City of Dublin maintains the right to refuse acceptance of a donation for any reason. 3. Solitication and Acceptance Process. a. Acceptance of donations and sponsorships shall mirror the City’s Purchasing Policy set forth in Chapter 2.36 of the Dublin Municipal Code. 1. The Director or designated individual in each department may solicit and accept contributions not exceeding $4,999.99. 2. Contributions greater than or equal to $5,000, but less than $45,000, may be solicited and/or accepted by the City Manager or his/her designee. 3. Contributions in excess of $45,000 may be solicited by the City Manager or his/her designee and accepted only with the authorization of City Council. b. Staff will review and evaluate sponsorship and donation offerings. Criteria for evaluation include: 1. Consideration of any immediate or initial expenditure required of the City in order to accept the donation or sponsorship; 2. The potential and extent of the City’s obligation to maintain the property or item donated (if not a cash donation); 3. The benefit to the community derived from the donation or sponsorship; and 4. The cohesion with mission, vision and values of the City. 4. Recognition Procedures. Standard sponsorship and donation recognition benefits are reviewed annually by the City Manager or his/her designee. a. Sponsorships. 1. Recognition for sponsorships will be made on a case by case basis and memorialized in a Sponsorship Agreement, whereby the Sponsor will accept liability for all content of sponsorship messages printed or placed and also assume responsibly of any claims arising therefrom made against the City. 2. By this Policy, the City declares that sponsorships do not constitute a public forum for communication and debate. The rights granted by sponsorships are established and retained at the City’s discretion. While non-commercial community organizations or individuals may wish to sponsor City of Dublin activities or facilities for various, reasons, no non- commercial speech is permitted in any limited public forum created by this Policy. 3. Sponsors will be solely responsible for obtaining necessary permission to use photographs, trademarks, trade names, copyrighted material or any other legally protected property b. Donations. 1. The Department accepting the donation is responsible for ensuring that the donor receives any promised recognition. Donations $100 and above will be listed in a Staff Report presented annually on the Consent Calendar. For donations of $5,000 to $45,000, customized sponsorship and donation benefits may be given by the City Manager or his/her designee. For donations exceeding $45,000, customized sponsorship and donation benefits shall be approved by City Council as part of the solicitation or gift acceptance. 2. Donors at the City Council approval level, $45,000 and above, will be recognized at the City Council meeting where their donation gift is formally accepted. 5. Restrictions. The City will not undertake sponsorships or accept contributions which: a. Require the City’s written or spoken endorsement of commercial products, service, companies or individuals; b. Limit the City’s ability to carry out its functions fully and impartially; c. Limit public access to City events, programs, facilities or services. d. Personally benefit any individual City employee or group of employees; e. Imply City association with gambling, tobacco, illegal drugs, firearms or pornography; f. Imply City endorsement of a particular political or religious viewpoint; g. Imply City tolerance of discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. 2801036.1