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10 Staff Report.AED Donation with Attachments PREPARED BY: Nicolle Burnham Parks and Public Works Director Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 04/02/2024 DATE: March 28, 2024 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Modify the Town of Los Gatos Donation Opportunities FY 2023/24 List of Town Needs, Accept the Donation of Automated External Defibrillators and Outdoor SaveStation® Cabinets from the Kyle J. Taylor Foundation, and Authorize the Town Manager to Sign the Acknowledgement Form Provided by the Donor RECOMMENDATION: Modify the Town of Los Gatos Donation Opportunities FY 2023/24 List of Town Needs (Attachment 3), accept the donation of Automated External Defibrillators (AED) and outdoor SaveStation® cabinets from the Kyle J. Taylor Foundation, and authorize the Town Manager to sign the acknowledgement form provided by the donor (Attachment 1). BACKGROUND: The Kyle J. Taylor Foundation (Foundation) is a Los Gatos based organization that was formed following the death of 18-year-old Kyle John Taylor in 2018. Mr. Taylor was a graduate of Leigh High School who passed away of Sudden Cardiac Arrest (SCA) while in college despite appearing healthy. The mission of the Foundation is to raise awareness about youth SCA, advocate of more widespread screening, and improve access to AED devices. While Council Member Moore is affiliated with this Foundation, the Council Member had no involvement with Town staff on this item. The Foundation approached the Town of Los Gatos to offer a donation of AEDs and Save Stations at two locations – Blossom Hill Park and Creekside Sport Park. The donation would include two defibrillators and two SaveStation® cabinets for their housing and is valued at $10,762. Attachment 1 is the letter that, if authorized for the Town Manager to sign, would acknowledge acceptance of the donation. PAGE 2 OF 3 SUBJECT: Authorize Town Manager to Receive Donation from the Kyle J. Taylor Foundation DATE: March 28, 2024 BACKGROUND (continued): The Town currently owns and maintains seven AED devices, all located inside buildings. This donation would provide AEDs in two park areas noted above that are heavily used for youth sports. DISCUSSION: Town Council Policy 2-17 (Attachment 2) states that acceptance or rejections of donations are considered based on specific criteria as outlined below: • Purpose of the donation. • Community or municipal need for the donation. • Compatibility of the donation with Los Gatos Municipal Code, policies, programs, and other applicable laws. • Timeliness of the donation as it relates to implementation. • Level of benefit and financial impact to the Town. Staff believes these criteria are met with this donation. Each year, Town staff review and update the list of Town needs that represent potential donation opportunities. The most recent list was adopted by Town Council during the May 16, 2023 budget hearing. Staff is recommending that this list be updated to facilitate acceptance of this donation. Attachment 3 presents the proposed edits. The ongoing maintenance of AEDs includes periodic inspections and replacement of pads. The AEDs would be placed on the existing restroom buildings at each park, providing a convenient and visible location. The SaveStation® system provides a cabinet intended to house AEDs in an outdoor environment where they can be protected from the elements, and with remote monitoring to notify staff if the cabinet has been opened. Opening the box also results in an audible alarm for both notification and to deter potential vandalism. After installation, staff believe the ongoing maintenance requirements of the donation can be met using existing staff resources. CONCLUSION: Staff recommends that Town Council authorize acceptance of the donation. Once installed, these units will improve the safety of the Los Gatos community. PAGE 3 OF 3 SUBJECT: Authorize Town Manager to Receive Donation from the Kyle J. Taylor Foundation DATE: March 28, 2024 COORDINATION: This report was coordinated with the Town Attorney’s Office and the Town Manager’s Office. FISCAL IMPACT: There is no fiscal impact associated with this action. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachments: 1. Donor Acknowledgement Letter 2. Council Policy 2-17 3. Town of Los Gatos Donation Opportunities FY 2023/24 List of Town Needs (Rev 4/2/24) This Page Intentionally Left Blank March 11, 2024 Town of Los Gatos Parks & Recreation 110 E. Main St. Los Gatos, CA 95030 The Kyle J. Taylor Foundation is pleased to fund for the Town of Los Gatos new Automated External Defibrillators (AED) and outdoor SaveStation cabinets for Creekside Park and Blossom Hill Park The Kyle J. Taylor Foundation is funding: •Two Defibtech AEDs •Two SaveStation outdoor cabinets Please understand that the Kyle J. Taylor Foundation has no involvement with the manufacture or maintenance of the AEDs, and, aside from this donation and others, we have no business or financial relationship with SaveStation. Our involvement is limited to our hope the AEDs we help fund will save lives. While we are providing the funding, your organization will own the AED and cabinet. When your organization takes possession of the AED and cabinet, it assumes all management and maintenance responsibility. It is critical to have ongoing management/maintenance to ensure the AED is always ready for an emergency situation. Should you choose not to maintain the device or to use it anymore, we ask that you promptly donate it to the Kyle J. Taylor Foundation. By accepting this donation, you agree to: •Register the AED with RescueStat, and your local EMS •Assure the AED will be accessible, properly stored and properly maintained. •Inform the Kyle J. Taylor Foundation if the AED was used in an emergency. •Inform the Kyle J. Taylor Foundation if your contact person changes. •Promote the donation and the Kyle J. Taylor Foundation though social media, newsletter, etc. •Permit the Kyle J. Taylor Foundation to publicize this donation in social and other media. •Take all actions needed to maintain and in force any indemnification protections SaveStation provide to you. •In the event of a personal injury claim based on the AED, you will seek recourse and/or indemnification from SaveStation, Defibtech or such other person or entity ATTACHMENT 1 as may be responsible, and not see damages, other recourse, and/or indemnification from the Kyle J. Taylor Foundation •If the Town of Los Gatos no longer chooses to keep or maintain the AED/SaveStation cabinet, promptly donate the AED/SaveStation to Kyle J. Taylor Foundation Thank you for joining the Kyle J. Taylor Foundation in our mission to protect young hearts. Please sign this letter, keep a copy for your organization’s records and return a signed copy to the Kyle J. Taylor Foundation by email jennifer@kylejtaylor.org Sincerely, Jennifer Sarmento Mom/Executive Director Kyle J. Taylor Foundation kylejtaylor.org The undersigned hereby represents that, as it’s s/he is authorized to sign this agreement on behalf of the Town of Los Gatos and, in that capacity, agrees to the conditions outlined in this letter. Town of Los Gatos Signature: Print Name: Title: Date: Title: Solicitation and Donation Policy I Policy Number: 2 -17 Effective Date: 1016115 Pages: 4 Zbling Actions: Revised Date: roved: PURPOSE The purpose of this policy is to effect Town donations and solicitations in a manner that complies with both the letter and spirit of California ethics laws and, within that that framework, to expand the potential for community donations by establishing a mechanism by which individuals and organizations may be more readily advised of donation opportunities. SOLICITATION GUIDELINES Targeted Solicitation Targeted solicitation is defined as the direct petition or contact of specific individuals, companies, foundations or other entities initiated by the Town Council and other elected officials, Council advisory bodies, and Town employees herein called "Town Officials" for the purpose of receiving goods, services, or other contributions for the Town. Targeted solicitation excludes the direct petition for government, private, or non - profit grants for Council- approved programs, projects, and services. Unless prior approval has been given by the Council, Town Officials shall not engage in targeted solicitation activities on behalf of the Town. BROAD OUTREACH GUIDELINES Broad Outreach Broad outreach is defined as the process of informing a broad spectrum of individuals, companies, foundations, non - profit organizations, or other entities of donation opportunities through various communication vehicles, including but not limited to written, electronic, or internet - related publications, flyers, brochures, news releases, and television or radio announcements. Broad outreach is permitted by the Town Manager or designee subject to the guidelines provided in this policy. The following broad outreach guidelines apply when communicating a Town need for goods, services, or other contributions: ATTACHMENT 2 Page: Policy Number:2 -17 Title: Solicitation and Donation 2 of4 Broad outreach must relate to a Town Council- approved purpose, service, project, or program. Broad outreach for goods, services, or other contributions should be made by using a variety of communication methodologies to ensure outreach to the entire community. Donations shall not be made under the guise, pretense, or presumption of receiving official Town endorsement or approval of the donating party, product, project, or activity. PROCEDURE FOR ESTABLISHING COUNCIL APPROVED TOWN NEEDS The Council shall direct the Town Manager to develop a list of recommended Town needs for donation opportunities. Council consideration and approval of the list of Town needs may occur as part of the annual operating and capital budget development process and can be amended by Council at any time. DONATION ACCEPTANCE GUIDELINES All goods, services, or other contributions offered by individuals, companies, foundations, non - profit organizations, or other entities will be considered for acceptance or rejection, including items offered for donation that are identified on a Council approved list of needs. The acceptance of all donations to the Town will be based on the following guidelines. Purpose of the donation. Community or municipal need for the donation. Compatibility of the donation with Los Gatos Municipal Code, policies, programs, and other applicable laws. Timeliness of the donation as it relates to implementation. Level of benefit and financial impact to the Town. All donations should be reviewed by the Town Manager or designee in advance of acceptance to ensure consistency with established policy guidelines. AUTHORITY TO ACCEPT DONATIONS The authority to accept all donations is based on the market value of the donation as reasonably determined. Donations $25,000 and Under The Town Manager or designee is authorized to accept or reject all minor donations that have a market value equal to or less than $25,000. Donations over $25,000 7 Title: Solicitation and Donation The Town Council shall consider and accept or reject all major donations that have a market value greater than $25,000. Ongoing Annual Donations from 501(c)(3) Organizations dedicated to supporting specific Town Departments in Offering Community Services: Potential uses for donation funds will be discussed and agreed upon with the respective non- profit bodies, in accordance with the Council approved Solicitation and Donation Policy. Funds donated will be placed into accounts as designated by the Finance Director. The departments may expend donated funds once received and deposited into the appropriate account only for items identified on the Council approved Town of Los Gatos Donation Opportunities List of Town Needs, which is approved annually with the Town's operating budget. At the end of each fiscal year, a written listing of items purchased from these accounts, in accordance with the Donation Policy, shall be provided to the Town Manager and Town Council. PROCEDURES FOR ACCEPTING MAJOR DONATIONS For all major donations, a staff report, containing analysis based on the donation acceptance guidelines established in this policy, will be written to guide the Council when considering major donations. The report will also provide donation recognition alternatives for Council consideration should the donation be accepted. The Council will determine on a case by case basis if the donation should be accepted or rejected. DONOR RECOGNITION GUIDELINES Acceptance of donations shall be acknowledged by the Town. Donation recognition practices shall be implemented in a consistent manner and adhere to Town Municipal Code, all applicable laws, regulations, and policies. Recognition of donations will be determined by the Council or Town Manager and shall be consistent with acceptance requirements of this policy and the guidelines set forth below: Donations accepted by the Town may be acknowledged through one or more of the forms of recognition as indicated below. Other forms of recognition may be approved by the Town Council via resolution if compelled by special circumstances which shall be specified in the resolution. Written and /or verbal recognition. Public recognition at Town Council meetings. Inclusion in Town public communication materials, such as electronic media and selected publications. Plaques. Title: Solicitation and Donation Policy Number:2 -17 Plaques may be used to commemorate donations accepted by the Town from persons, businesses, and organizations according to the following standards: Plaques used for recognition purposes may be affixed to an appropriate Town facility, which includes, but is not limited to a building or any portion thereof, structure, equipment, furniture or natural asset. Plaques shall include the name(s) of the person(s) being recognized and applicable date, with standard wording limited to: The Town of Los Gatos recognizes and appreciates his /her /their] donation to [identify facility]. The Town of Los Gatos recognizes and appreciates organization] for its donation to [identify facility]. The Town of Los Gatos recognizes and appreciates to [identify facility] in the name of Or language acceptable to the Town Council. and his /her family] for business or for [his /her /its] donation The size of the plaque shall not exceed 8 "x10," unless the number of donors exceeds the allowable space. For multiple donors, the names of the donors should be proportioned thereto, and the size of the plaque shall not exceed four (4) square feet. The location, materials, size and color of plaques shall be consistent with acceptance requirements of this policy or by Council on a case by case basis should special circumstances exist, which shall be specified in a resolution. Unless compelled by special circumstances and approved by the Town Council via resolution, Town facilities shall not be named after an individual, group, organization or business as a result of any donated good, service, or other contribution to the Town. APPROVED AS TO FORM: Robert Schult T wn Attorney ATTACHMENT 3 TOWN OF LOS GATOS DONATION OPPORTUNITIES FY 2023/24 LIST OF TOWN NEEDS (Rev 4/2/24) To ensure that all donations and contributions are sought and accepted in an ethical manner, the Council established a Donation and Solicitation Policy. A list of Town needs was developed to identify goods, services, and other contributions to enhance Town services, programs, and events. The recommended needs for FY 2023/24 PUBLIC SAFETY Volunteer Program Materials and Equipment Specialized Public Safety Equipment and Supplies, including Support for Canine Program Training Support for Public Safety Staff and Volunteers Equipment, Supplies and Materials to support Police Operations Community Outreach Program Supplies LIBRARY SERVICES Children, Youth, and Adult Program Collections, Supplies and Services Media items and other items for public circulation Funding to Support Technological Enhancements, including Digital Services Equipment and Services to Support Historical Preservation Efforts Resource support for Collection Development and Reference, Local History, and Library Policy SENIOR SERVICES Home emergency kits geared towards the needs of seniors Senior Service Committee seeks targeted solicitations for community engagement per the Town Solicitation and Donation Policy. COMMUNITY EVENTS Supplies, Materials, and Services for Special Community and Volunteer Events and Activities Funding for the realization of Public Art projects or Donations of Public Art subject to Public Art Selection Policy TOWN PARKS AND FACILITIES Beautification Materials and Services for Town Parks, Open Space, and Infrastructure; Land for Parks and Open Space Contributions that Support Recreation or Expansion of Athletic Fields Contributions that support multi-modal transportation. Medical devices that enhance public safety SUSTAINABILITY Contributions to Help Minimize Impacts on Local, Regional, and Global Ecosystems through Conservation, Reduced Pollution, Increased Efficiency, and Protection of Wildlife, Vegetation, and other Ecosystems. TECHNOLOGY Equipment, Software and Services to Enhance Communication with the Public and Organizational Productivity