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04-20 - 03-16 - Rescinding #86 and Adopt Amend Donation/Gift policy Resolution 04-20 March 16, 2004 Member Tremere introduced the following resolution and moved its adoption, as amended: RESOLUTION RESCINDING RESOLUTION #86 AND ADOPTION OF AMENDED DONATION/GIFT POLICY WHEREAS, the City Council adopted Resolution #86 on August 6, 1979 which established a policy for the solicitation and receipt of gifts; and WHEREAS the City Council now wishes to rescind Resolution #86 and further define the donation/gift policy; and NOW, THEREFORE, BE IT RESOLVED, that the City of Golden Valley rescinds Resolution #86, and adopts an amended Donation/Gift policy as set forth in Exhibit A. Linda R. Loomis, Ma or ATTEST: Donald G. Taylor, erk The motion for the adoption of the foregoing resolution was seconded by Member Grayson and upon a vote being taken thereon, the following voted in favor thereof: Freiberg, Grayson, Loomis, Shaffer and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and her signature attested by the City Clerk. Resolution 04-20 - Continued March 16, 2004 Exhibit A Donation/Gift Policy PURPOSE The City of Golden Valley appreciates donations as they help to enhance the quality of life in the City and to improve the efficiency and effectiveness of City services. Donations may be in-kind gifts, that is, gifts of real or personal property (not cash) or cash donations. Each year, residents, civic organizations, private businesses, etc., make donations to the City. Donations are sometimes given for a specific purpose (i.e.: park equipment, fire equipment, police equipment, Golden Valley Human Services Foundation (GVHSF), Envision and sometimes the funds are given without stipulation. The purpose of this policy is to set up procedures for receipt of donations to the City and for the expenditure of these donations. PROCEDURES a. No employee, volunteer or elected or appointed official of the City may solicit donations without first receiving authorization from the City Council. Major changes in funding of these programs and new programs must receive specific authorization from the City Manager. This policy applies to all departments. b. All potential donors are urged to consult with the City Manager or his/her designee(s) before proceeding with plans to ensure maximum utilization of in-kind gifts and cash donations. If possible, a letter from the donor should explain the reason for the donation. c. The City Council shall make the final determination on the acceptability of an in-kind gift or cash donation at the Council meeting following the receipt of the donation unless for the specific on-going programs listed below. Those donations will follow the major event of the program. A gift of real or personal property must be accepted by the City Council by resolution and be approved by a two-thirds majority of the Council. A cash donation must be acknowledged and accepted by motion with a simple majority. If the Council were to decline an in-kind gift or cash donation, the Council would direct staff to return that in-kind gift or cash donation to the individual or organization as soon as possible. d. All cash donations will be received by the Finance Department for city tracking of receipts and expenditures. e. After acceptance by the City Council, donated funds that are not designated to a specific purpose or department shall be placed in a generic donation revenue account that becomes miscellaneous revenue of the City in that specific year. f. All donations become City property under the complete jurisdiction of the City Council and any unused balance of designated funds from a program that has been completed, cancelled, etc., shall become revenue of the City. g. Recognition may be given to the individuals or groups providing donations to the City, unless otherwise stipulated by the donor. h. The donation must meet City criteria in order to be accepted. Resolution 04-20 - Continued March 16, 2004 CRITERIA a. The donation must have a purpose consistent with those of the City. b. The donation must be offered by a source acceptable to the City. c. All designated donations of funds shall be utilized in accordance with the accompanying designation. d. The donation shall not result in ongoing costs that the City Council would be unwilling to fund when the donations are exhausted, unless specific prior authorization to the contrary is given by the City Council at the time the donation is accepted. If prior authorization is not given, sufficient donations to meet all anticipated staff and material costs must be in hand before City commitment is made to personnel and/or materials. e. The donation shall not bring undesirable or hidden costs to the City. f. The donation shall not be inappropriate or harmful to the residents of the City. g. The acceptance of a donation shall not imply City endorsement of any product or service nor shall it implicitly or explicitly obligate the City to act in any way favorable to the donor. h. The donation shall not be in conflict with any provision of federal, state or municipal law. (Minnesota Statute 465.03). i. The City may not, however, accept or use gifts for religious or sectarian purposes. Approved On-going Programs: Golden Valley Human Services Foundation Envision Share the Dream This policy will be reviewed annually by the City Council.