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Home My WebLink About2023-006 Ordinance adopting City of Yakima Contribution and Donation PolicyORDNANCE_ NO. 2023-1 06 AN ORDINANCE adopting the City of Yakima Contribution and Donation Policy. WHEREAS, the City accepts donations, both monetary and non -monetary, from residents, business groups, and other organizations wishing to contribute to City operations, projects, parks or other departments; and WHEREAS, pursuant to RCW 35 21 1 0, the City is authorized to accept any money or property donated, devised, or bequeathed to it; and WHEREAS, the City wishes to establish a donation and contribution policy to more effectively accept donations; and WHEREAS, the City Council finds it is in the best interests of the City and its residents to adopt a donation policy which outlines how the City may accept monetary and non -monetary donations, now, therefore BE IT ORDAINED BY THE CITY OF YAKi A: Section 1. "he City of Yakima hereby adopts the City of Yakima Contribution and Donation Policy, attached hereto and incorporated herein. app Section 2. This ordinance shall be in full force and effect 30 days after oval, and publication as provided by law and by the City Charter. passage, PASSED BY THE CITY COUNCIL, signed and approved this 7t" day of Februar ATTEST: A Sonya t lar Tee, City Clerk Publication Date February , 20 Effective Date: March 12, 2023 Janice Dec to, Mayor 2023. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.L. For Meeting of: February 7, 2023 ITEM TITLE: Ordinance adopting City of Yakima Contribution and Donation Policy SUBMITTED BY: Jennifer Ferrer -Santa Ines, Director of Finance and Budget SUMMARY EXPLANATION: The City of Yakima is authorized by RCW 35.21.100 to accept both monetary and non -monetary donations from residents, business groups, and other organizations wishing to contribute to City operations, projects, parks or other departments. The purpose of this policy is to establish procedures for the acceptance of such donations. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass Ordinance ATTACHMENTS: Description Upload Date O ord 1/19/2023 O Policy 1/5/2023 O Donation Form 1/5/2023 Type Co'er Memo Backup Material Backup Material C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\AEDFAE29-9A03-42B3-A6C4- B2AE40E9FBA7\Yakima.17925.1.City_of_Yakima_Donation_Policy_-_draft_-_sara.redline.1.5.23.docxp. 1 of 3 City of Yakima Policy Number: pending Department: Finance Authorized by: City Council, Ordinance No. XXXXXXX Effective Date: Reissue Date: New policy Supersedes: N/A (New Policy) City of Yakima Contribution and Donation Policy Purpose: To establish policy and procedures for the acceptance of monetary and non -monetary donations to the city. The purposes of this Policy are:  To communicate clear policy and strategy guidelines for city staff and administration.  To demonstrate to citizens, taxpayers and voters a transparent and accountable stewardship plan. Policy: 1. Consideration. To consider the acceptance of any monetary and n on-monetary donations, devises, or bequests from private citizens, business groups or other organization. Considerations include the use of the donation, restrictions associated with the donation, costs associated with and effective use of the donation. 2. Definition. As used in this policy, “donation” refers to any money or asset, real or personal, devised or bequeathed, with or without restriction, for municipal affairs pertaining to the City of Yakima with no corresponding exchange of goods or services provided by the city. “Donations” are not “Grants.” Grants are generally funding provided by a governmental, non-profit, foundation, or other similar body which usually have a budget and a timeline that are outlined in a signed grant agreement. Grant agreements also generally require reporting through the grant period and/or at the conclusion of the project, program, or activity the City is required to provide to receive grant funding. Grants are approved by the City Council pursuant to Administrative Code Policy 2-200(c). 3. Procedures. 3 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\AEDFAE29-9A03-42B3-A6C4- B2AE40E9FBA7\Yakima.17925.1.City_of_Yakima_Donation_Policy_-_draft_-_sara.redline.1.5.23.docxp. 2 of 3 A. All offers of donations, regardless of amount, shall be made in writing. The City of Yakima Donation Form shall be completed and submitted along with the donation. B. The city may reject any donation, monetary or non -monetary, in which the purpose of the restriction is not reasonable or does not serve a public purpose. C. If the donor specifies a purpose (i.e. restricts the purpose), and the City accepts the donation, the donation shall be spent in accordance with the restricted purpose. If the donation is not specified by the donor to be exclusively used for a particular project or activity, the donation is not considered restricted. The City of Yakima may use non-restricted donations for any municipal purpose. Once a donation is accepted, the city will make reasonable effort to use the donation(s) in compliance with the donor's instruction. D. The City Manager has delegated the authority to accept monetary donations up to $1,499.00 utilizing the point of sale system at the following City of Yakima facilities: 1. For general donations, donations to the Codes Division, donations to the Fire Department, or donations for specific projects or divisions not covered herein, donations should be made at City Hall. 2. For donations for streets or sidewalks, parks, the Parks & Recreation Department, or Yakima Transit, donations should be made at the Public Works Department. 3. For donations to the police or for police services or programs, donations should be made at the Yakima Police Department. E. Monetary donations for amounts of $1,500.00 or more shall be made at City Hall. F. The City Manager has delegated the authority to accept monetary donations of $1,500 up to $9,999 to the department managers. G. All proposals for gifts over $10,000 and up to $49,999 must be approved by the City Manager or his/her designee. H. All proposals for monetary gifts over $50,000 must be approved by the City Council. I. Non-monetary donations shall be reviewed by the City Manager who shall then make recommendations to the City Council, after which the City Council shall determine whether the City should accept the non-monetary donation. J. Donations of real property requiring a deed or other legal instrument must have the instrument transferring interest reviewed and approved by the City Attorney prior to acceptance by the City Council. K. Prior to the final acceptance of non-monetary donation by the City Council, the recipient department shall notify all other impacted departments along with the 4 C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\AEDFAE29-9A03-42B3-A6C4- B2AE40E9FBA7\Yakima.17925.1.City_of_Yakima_Donation_Policy_-_draft_-_sara.redline.1.5.23.docxp. 3 of 3 Finance Department, for consideration of potential on-going costs associated with maintenance of the donated item(s). L. It is the accepting department's responsibility to monitor expenditures to ensure that donations are being expended in compliance with the wishes of the donors and to provide information at donor’s request. In no case will expenditures be allowed to exceed actual donated revenues collected. 4. Exceptions to Standard Procedures. If the donation creates any of the following conditions, a staff report must be submitted to and approved by the City Manager, prior to acceptance: A. Does it create an immediate or initial City expenditure of $500 or more which has not been included in the approved City budget? This pertains both to a direct outlay of City funds or to the use of City staff, resources and materials. B. Does it create an annual City maintenance obligation of $1000 or more which has not been included in the approved City budget? C. Does it materially affect or change any aspect of City operations? 5. Ownership. Any donations to the City become the property of the City of Yakima. The Donor shall give up ownership rights; right to alter, move or remove said donations without reservation, and maintenance obligation rights. The City Attorney may require documentation acknowledging transfer of ownership in personal property for certain donations in addition to completion of the Donation Form. 5 City of Yakima Contribution and Donation Form City of Yakima, 129 N 2nd Street, Yakima, WA. 98901 Name: ___________________ Address: _________________________________ Organization: _______________________________________________________ Email: ____________________________Phone: __________________________ Contribution and Donation Options: Amount $_________  Funding for General Government Operations/General donation to the City of Yakima  Funding for Transit  Funding for Parks and Recreation  Funding for Fire  Funding for Police  Funding for MLK Pool  Funding for:__________________________________________ *The City of Yakima will make all reasonable efforts to fulfill the specific purpose(s) for this donation, but if the specified donation purposes are not feasible, substitutions for like purposes will be made. Donor agrees to allow the City to substitute for like purpose by continuing with the donation. Your generosity is greatly appreciated, and every one of your dollars will be used to further our mission of providing first class service to the residents of the City of Yakima. DO NOT WRITE BELOW THIS LINE ------------------------------------------------------------------------------------------------------------------------------ City Use Only Date Received:_________________ Received by:_________________ Receipt No: ____________________ DAC _______________________ **Department Manager’s Signature (if required)______________________________ ***City Manager’s Signature (if required) ___________________________________ Donation greater than $1,499 must be made at City Hall. **Donation between $1,500 and $9,999 require a Department Manager’s signature. ***Donation between $10,000 and $49,999 require the City Manager’s signature. ****Donations greater than $50,000 require City Council’s approval. 6