2018-043 - Authorizing Solicitation of DonationsRESOLUTION 2018 -043
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE SOLICITATION OF DONATIONS PER THE TOWN COUNCIL
SOLICITATION AND DONATION POLICY 2 -17
WHEREAS, Since 1988, Music in the Park (MIP) has been a free public summer concert
series held on Sunday afternoons on the Los Gatos Civic Center lawn; and
WHEREAS, recognizing the social, cultural, and economic value that MIP brings to the
Town of Los Gatos; and
WHEREAS, on September 4, 2018, the Town Council discussed options for the
production of the 2019 MIP season, and adopted an internally managed summer concert series,
and directed staff to create a business plan centered on a sponsorship financing model to
produce five concerts; and
WHEREAS, the Town Council Solicitation and Donation Policy 2 -17 (Attachment 1)
requires prior approval of the Town Council for Town Officials to engage in targeted solicitation
activities on behalf of the Town.
NOW, THEREFORE, BE IT RESOLVED: that the Town Council of the Town of Los Gatos
hereby authorizes the targeted solicitation of donations for the 2019 MIP summer concert
series.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 41h day of September 2018, by the following vote:
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steve Leonardis, Marico Sayoc, Barbara Spector, Mayor Rob Rennie
NAYS: None.
ABSENT: None.
ABSTAIN: None.
SIGNED• / ,
AYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: /
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
DATE: D q
S of
Resolution 2018 -043 September 4, 2018
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Title: Solicitation and Donation Policy
Effective Date: 1016!15 -
Enabling Actions:
PURPOSE
. I Policy Number. 2 -17
Pages:
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 1
Title: Solicitation and Donation
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
Page: j Policy Numbec2.17
Title: Solicitation and Donation 3 of i
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)13) 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
Page: ( Policy
4of4
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 [and his /her family) for
[his /her /theirl donation to [identify facility].
• The Town of Los Gatos recognizes and appreciates [business or
organization] for its donation to [identify facility].
• The Town of Los Gatos recognizes and appreciates for [his /her /its] donation
to [identify facility] in the name of
• Or language acceptable to the Town Council.
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 Schultz, Town Attorney