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5.e) Approve Donation Policy Checklist and Forms \� � � � � /� SCANDIA Staff RepoK Date of Meeting: November 20, 2012 To: City Council From: Kristina Handt, City Administrator Re: Donation Policy Agenda Item#: S.e) Background: Currently, the City Council reviews each donation on an individual basis with no guidelines in place to help in the decision making process. Cities may accept gifts of real or personal property, including money, and use them in accordance with the terms prescribed by the donor. A city may not,however, accept or use gifts for religious or sectarian purposes. A resolution accepting the gift and the donor's terms must receive an affirmative vote of two-thirds of the members of the council. Under the state gift ban law, an individual officer or employee of a city may generally not accept a gift. Issue: Should the City have a standardized process for reviewing/accepting donations? Proposal Details: Included in your packet are a number of forms for various types of donations (public improvement, personal property,monetary) to the City as well as an In Kind Recording form to help keep track of volunteer hours/efforts and a checklist to be used to help committees and/or the council decide if accepting a gift is in the best interest of the City. The Council reviewed the attached forms and checklist at their November work session. If approved at the November regular meeting, all donations valued above $250 would require this process to be followed prior to the adoption of a resolution accepting a donation. Options: 1) Approve the use of the Donation Forms and Checklist 2) Amend and then Approve the use of the Donation Forms and Checklist 3) Take no action Recommendation: Option 1. , _ '4��^1, / i � ,� v� � �� SCANDIA CHECKLIST FOR ACCEPTING DONATIONS Policy: For gifts valued at $250 or more the appropriate committee is to evaluate whether it is in the City's best interest to accept the bequest. In order to assist the committee in evaluating the impact of accepting the gift,the following checklist has been prepared. (1) Is the gift of lasting value to the community? (2) Does it create potential liability issues for the City? That is, will people walk on it, sit on it, or under it? Will construction be inspected, is construction up to current standards (ADA accessible, for example?)Are the materials used acceptable for public construction? (3) Will some member of the public find the item offensive; can it be construed as having a religious content, or offending members of a protected class? (4) What will the potential annual maintenance cost of the gifted object be? Do the costs outweigh the value of the gift? (5) Does the gift carry implied duties that the City must perform? What is the cost of performance of such duties? Does the cost exceed the value of the gift? (6) If costs,direct or indirect exceed the value of the gift; acceptance of the gift may still be warranted if a public purpose is being served and all understand the costs as well as the value of the gift. (7) Also, does the acceptance of the gift imply that the City will replace the gift when worn out, destroyed by vandals, etc? If the gift is found to be no longer of use in the future, may the City at that time, sell, dismantle or convert to another use? (8) All agreements, prohibitions, etc,with respect to the gift should be noted in the minutes or Memorandum of Agreement for future reference. . r �' 1 '�� �� . SCANDIA DONATION FORM FOR PUBLIC IMPROVEMENT PROJECTS, MEMORIALS, TRIBUTES,WORKS OF ART (Including funding proposals for the above purposes) DONOR INFORMATION Name: Address: Phone: Email: Hereby makes a proposal to fund and/or construct a Public Improvement Project,memorial, tribute, or work of art consisting of The intended purpose of this donation is Proposed location Donation subject to the following restriction(if any): Condition, Conservation and Maintenance Requirements: What type of materials will be used in the proposed Project? What is the intended life span of the Project? What short and long-term maintenance may be required and what is the anticipated cost of such maintenance? The City of Scandia will make reasonable efforts to accommodate the intended purpose of the donation but reserves the right to utilize,relocate and/or dispose of any item through donated funds as the City of Scandia may deem fit. This agreement shall not take effect until the City Council for the City of Scandia has specifically accepted this donation by a resolution receiving and affirmative vote of two-thirds of the Council. Donor Date Donor Date Recommended: Deparhnent Head Date Accepted: City Administrator Date , , � �. ��-., �CANDIA IN K1ND CONTRIBUTION RECORDING FORM DONOR INFORMATION Name: Address: Phone: Email: DESCRIPTION OF SERVICES, EQUIPMENT, AND/OR MATERIALS PROVIDED, QUANTITY,HOURS AND PURPOSE: DONOR SIGNATURE: STAFF SIGNATURE: ����: �� � SCANDIA MONETARY DONATION FORM DONOR INFORMATION Name: Address: Phone: Email: Hereby gives to the City of Scandia$ for the purpose of Any funds in excess of the amount required for the above purpose: ()may be used for ( ) shall be returned to the Donor ( )may be applied to any other project or fund deemed appropriate by the City Council of the City of Scandia The City of Scandia will make reasonable efforts to accommodate the intended purpose of the donation but reserves the right to utilize,relocate and/or dispose of any item through donated funds as the City of Scandia may deem fit. Donor Date Donor Date Recommended: Department Head Date Accepted: City Administrator Date ��. ��,. �,. � � �u � SCANDIA PERSONAL PROPERTY DONATION FORM DONOR INFORMATION Name: Address: Phone: Email: Hereby gives to the City of Scandia for the purpose of All right, title and interest in the above stated item(s) is hereby given, donated and transfened to the City of Scandia, its successors and assigns forever and without limiting conditions, except as may be specifically stated herein. It is understood and agreed that I/we as donor(s)retain no right,title, or interest in the donated property. To the best of our knowledge this gift/donation is free and clear of all encumbrances and restrictions. The City of Scandia will make reasonable efforts to accommodate the intended purpose of the donation but reserves the right to utilize,relocate and/or dispose of any item through donated funds as the City of Scandia may deem fit. This agreement shall not take effect until the City Council for the City of Scandia has specifically accepted this donation by a resolution receiving and affirmative vote of two-thirds of the Council. Donor Date Donor Date Recommended: Department Head Date Accepted: City Administrator Date