Resolution - 2024 - 24-06 - Donation Policy - 08/27/2024RESOLUTION NO. 24-06
A RESOLUTION OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, ADOPTING A
DONATION POLICY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes the need to provide clear guidance to City Staff,
Elected Officials and the public regarding donations; and
WHEREAS, the City Council seeks to adopted protocol for the consideration, acceptance
or denial of donation offers;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF EAGLE, IDAHO as follows:
Section 1: That the City of Eagle hereby adopts Donation Policy, which is attached hereto
as Exhibit A and incorporated herein by reference as if set forth in full.
Section 2: That this resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the Eagle City Council, Eagle, Idaho, this 27th day of August, 2024.
APPROVED:
Brad Pike, Mayor
ATTEST:
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Tracy E. O rn CMC : • : t
City Clerk : *V3 SEAL.
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RESOLUTION 24-06 - EXHIBIT A
City of Eagle
Donation Policy
Adopted Resolution No. 24-06 - 08-27-2024
The City of Eagle welcomes donations from businesses, corporations, non-profit organizations or
individuals. We realize that many desire to support the Eagle Community for the enhancement and
enjoyment of others. This policy serves to provide guidance regarding the variety of opportunities
available.
This policy does not apply to
• Grants or funds obtained from other governmental or quasi -governmental entities.
• City of Eagle sponsored community events, youth/adult recreation leagues and activities.
• City of Eagle Memorial Program.
• Museum Collections Management Policy. .
SECTION 1: GUIDING PRINCIPLES:
The following principles will guide the City in the acceptance and/or solicitation of donations to
promote or enhance City services:
• Any donor wishing for anonymity shall be respected.
• All donations must further the City's mission, goals, and priorities. Monetary donations will
be expended for any public purpose consistent with this policy. They will not drive or
promote the priorities or agendas of the donor.
• All donations must leave open the opportunity for other actual or potential donors to have
similar opportunities to provide support to the City.
• The City Council retains sole authority to enter into donation agreements on behalf of the
City. City employees do not have the authority to imply nor grant acceptance of donations.
• Funds or services may be requested for utilization for a specific purpose or department.
However, if the Donor request does not further the City's mission, goals and priorities, the
Donor will be notified and given the opportunity to either rescind their offer or allow the
funds to be utilized in a manner that does so. The designation of monies will result in a
reduction in the allocation of general fund monies thereby decreasing the amount of overall
taxpayer funding required. There will be a no net increase for a specific budgetary line item,
nor department budget. This would not apply to any item identified in the Capital Plan that
is not fully funded.
• Recognition of donations must not in any way suggest the endorsement of the City, nor give
the impression to the citizens of advertising, commercialization or solicitation, or of a
priority influence on City matters.
• Donation of books or other library materials will be accepted in accordance with the terms
outlined in the Eagle Public Library Donation Policy. [link]
• Donations to the museum collection will be accepted in accordance with the terms outlined
in the Museum Collections Management Policy. [link]
• If the proposed donated item is determined to be burdensome or the continued
maintenance cost prohibitive the donation may be declined.
• Donations may be declined for any reason.
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• Should donations be accepted, the City Council has sole authority regarding the timing
and/or implementation of fund expenditures.
• Prior to City initiated solicitation for donations, approval by Mayor and Council, is required
to ensure the defined purpose continues to be consistent with identified priorities of the
City.
SECTION 2: DEFINITION:
Donation: Donations are a charitable gift in which the donor does not expect anything in return.
Common forms of donations include, but are not limited to, cash, or non -cash items i.e. personal
property (goods), services, real property or permanent easements. The City will recognize the donation
in a mutually agreed upon manner should the donor wish to be recognized.
Upon request, the City will issue a written acknowledgment of the donation, stating if any goods or
services were provided in exchange for the donation. The City is under no obligation to assign a
monetary value to the goods or services donated.
SECTION 3: ACCEPTANCE OF DONATIONS:
The guiding principles will always be consulted when reviewing a donation offer. Based on the value of
the donation offered the appropriate Department Supervisors shall review the offer and assess if the
benefits to be derived warrant acceptance of donation and present their recommendation as noted
below. Should employees be approached with donation offers, they are to direct them to the Department
Supervisor for review and consideration.
DONATIONS:
Cash donations: Upon the Mayor's approval, cash donations of any amount may be accepted if
assured that the City's mission, goals, and priorities will be met with said donation. However, should a
donation agreement be negotiated, the monies will not be accepted until Councl approval of the
agreement.
The following are the threshold amounts for donation acceptance for offerings other than cash.
• Less than $5,000: Offers of donations that have a value of $5,000 or less may be accepted by a
Department Supervisor, contingent upon approval of the Mayor. All reasonable efforts will be
made to ensure that Donors are not segregating donations to avoid presentation to the City
Council for acceptance or denial action.
• Greater than $5, 000 : All offers of donations valued at over $5,000 must be recommended by
the Mayor and presented to the City Council for acceptance with applicable cost/benefit
analysis.
Analysis of future financial impact of donation: Regardless of the estimated donation amount, should
ongoing maintenance be required of an offered donation of personal property, the Department
Supervisor, in conjunction with the Mayor, will analyze and determine the potential benefits vs cost, and
specify how the donation furthers the City's mission, goals, and priorities. Potential impact to future
budgetary line items (maintenance costs, insurance premiums, depreciation longevity, etc.) are to be
identified if applicable. These findings will be presented to the City Council for final determination of
acceptance or denial of the donation.
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• Exhibit A Donation Offer: The donation offer will obtain information generally contained within
Exhibit A.
• Exhibit B Donation Review: The donation review and recommendation process is generally outlined
in Exhibit B.
• Exhibit C: Donation Agreement: An agreement that shall be in substantially the same form to be
utilized for a donation agreements between the City and the Donor. Should the Donor desire special
recognition or acknowledgement a donation agreement is required to be approved by the City
Council and the Donor. To avoid unforeseen operational challenges and ensure feasible
implementation, all impacted departments shall be included in the review of the draft donation
agreement prior to presentation to the Council. All donor agreements shall be approved by the City
Council.
SECTION 4: RECOGNITION AND ACKNOWLEDGEMENT:
The City wilt ensure that each donor receives acknowledgement and to the degree that they are willing
The following guidelines will be used in providing acknowledgement to and recognition of donors:
• A letter of acknowledgment of donations in all forms including cash, personal property/goods or
services. will be sent to all donors.
Acknowledgment of donations may take a variety of forms, including but not limited to:
Off -site recognition: Direct recognitions may include any or all the following:
• Written acknowledgement to the donor.
• Public acknowledgement in the City's promotional materials press releases, website, social
media, newsletter or other media formats for a limited period of time.
• Jointly coordinated media events such as photo opportunities, ribbon cuttings, and ground
breakings
• Commemorative items or mementos given to the donor
On -site recognition: The City may decide to place some form of on -site recognition. All on -site
recognition must be included in the donation agreement. All forms of recognition pertaining to signage
or "temporary naming rights" shall be subject to the limitation on the duration of naming privileges
discussed below and requires a written agreement approved by the City Council between the City and
the donor. Some examples of on -site recognition include:
• Temporary signs: Temporary signs may be used to acknowledge donor contributions on -site
during a project period (i.e. construction period or during a specific event or project) displayed
for term specified within the agreement
• Donor Boards: Placement of a donor board recognizing multiple donors placed onsite.
Recognition plaque or tribute on -site for a specified period of time.
• Permanent plaques: Permanent plaques may be permitted only with the approval of the Mayor
and City Council.
SECTION 5: EXCEPTIONS TO POLICY PROVISIONS:
Under certain circumstances, the City Council may authorize and initiate funding campaigns for large scale
or special projects. In such cases, the funding campaign may identify alternate acceptance and
acknowledgement criteria, that may or may not require donation agreements. The funding campaigns
and acknowledgments will be reviewed and approved by the Council prior to initiation or implementation.
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SECTION 6: AUTHORITY FOR IMPLEMENTATION AND TERMINATION:
The City reserves the right to make decisions regarding the utilization of the donation. Purchasing
decisions, including type of equipment, materials, furnishings, and other components of a gift will reside
with City. All details as to the design of programs and allocation of resources will also reside with the
City.
The City reserves the right to terminate an existing donation agreement should conditions arise during
the life of the agreement that result in it conflicting with the City policy, or if that agreement no longer
supports the best interests of the City.
SECTION 7: AMENDMENT OF POLICY
The City retains the right to amend or alter this policy with or without notice.
End of policy
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EXHIBIT A
CITY OF EAGLE
DONATION OFFER
Each donation offer will be reviewed to ensure compliance with the Donation Policy. Donors are strongly
encouraged to review the donation policy prior to making an offer to ensure awareness of the City's policy
and process. The City does not provide legal, accounting, tax or other such advice to donors. As such,
each donor is encouraged to meet with a professional advisor prior to any donation offer to the City.
Name of Donor:
Address: City, State Zip:
Type of donation: (drop down) Cash, real property, services, personal property.
Estimated value:
Additional information for consideration:
Acknowledgement: I/we, the undersigned ("Donor), own the Personal Property described above, and desire to
irrevocably transfer by gift, said Personal Property to the CITY OF EAGLE.
To carry out Donor's purpose, Donor irrevocably and unconditionally gives and transfers to the CITY OF EAGLE all
rights, title and interest (including all copyright, trademark and related interests) in and to the Personal Property
described above. Donor certifies and warrants that, Donor is the sole owner of the Personal Property being
donated and that no third parties claim an interest to the Personal Property. Donor agrees to defend, indemnify
and save and hold harmless City from and for any and all losses, claims, actions, judgment for damages, including
litigation costs and attorney's fees, arising out of any claim by a third party to the Personal Property.
The Donor understands that the City will retain, and maintain (as applicable) the donated item only for the
expected life cycle of the donation, or as long as the item remains useful to the City. It is understood that the City
has full powers of management, display, conservation and disposition of the donated Personal Property.
I understand that funds or services may be requested for utilization for a specific purpose or department. However,
if my request does not further the City's mission, objectives and priorities, I will be notified and given the
opportunity to either rescind their offer or allow the funds to be utilized in a manner that does so.
Signature: Printed Name:
Date:
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EXHIBIT B
CITY OF EAGLE DONATION REVIEW:
DONATION: Donations are a charitable gift in which the donor does not expect anything in return.
Common forms of donations include, but are not limited to cash, personal property/goods or services.
The City will recognize the donation, in a mutually agreed upon manner should the donor wish to be
recognized.
GUIDING PRINCIPLES:
The following principles will guide the City in the acceptance and/or solicitation of donations to promote
or enhance City services:
• Any donor wishing for anonymity shall be respected.
• All donations must further the City's mission, goals, and priorities. Monetary donations will be
expended for any public purpose consistent with this policy. They will not drive or promote the
priorities or agendas of the donor.
• All donations must leave open the opportunity for other actual or potential donors to have similar
opportunities to provide support to the City.
• The City Council retains sole authority to enter into donation agreements on behalf of the City. City
employees do not have the authority to imply nor grant acceptance of donations.
• Funds or services may be requested for utilization for a specific purpose or department. However, if
the Donor request does not further the City's mission, goals and priorities, the Donor will be notified
and given the opportunity to either rescind their offer or allow the funds to be utilized in a manner
that does so. The designation of monies will result in a reduction in the allocation of general fund
monies thereby decreasing the amount of overall taxpayer funding required. There will be a no net
increase for a specific budgetary line item, nor department budget. This would not apply to any
item identified in the Capital Plan that is not fully funded.
• Recognition of donations must not in any way suggest the endorsement of the City, nor give the
impression to the citizens of advertising, commercialization or solicitation, or of a priority influence
on City matters.
• Donation of books or other library materials will be accepted in accordance with the terms outlined
in the Eagle Public Library Donation Policy. [link]
• Donations to the museum collection will be accepted in accordance with the terms outlined in the
Museum Collections Management Policy. [link]
• If the proposed donated item is determined to be burdensome or the continued maintenance cost
prohibitive the donation may be declined.
• Donations may be declined for any reason.
• Should donations be accepted, the City Council has sole authority regarding the timing and/or
implementation of fund expenditures.
• Prior to City initiated solicitation for donations, approval by Mayor and Council, is required to ensure
the defined purpose continues to be consistent with identified priorities of the City.
ACCEPTANCE OF DONATIONS :
The guiding principles will always be consulted when reviewing a donation offer. Based on the value of the
donation offered, the appropriate Department Supervisors shall review the offer and assess if the benefits
to be derived warrant acceptance of donation and present their recommendation as noted below. Should
employees be approached with donation offers, they are to direct them to the Department Supervisor for
review and consideration.
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DONATIONS: Threshold amounts for donation acceptance.
Less than $5,000: Offers of donations that have a value of $5,000 or less may be accepted by a
Department Supervisor, contingent upon approval of the Mayor. All reasonable efforts will be made to
ensure that Donors are not segregating donations to avoid presentation to the City Council for
acceptance or denial action.
Greater than $5, 000 : All offers of donations valued at over $5,000 must be recommended by the
Mayor, and presented to the City Council for acceptance.
Analysis of future financial impact of donation: Regardless of the estimated donation amount, should
ongoing maintenance be required of an offered donation of personal property, the Department
Supervisor, in conjunction with the Mayor, will analyze and determine the potential benefits vs cost, and
specify how the donation furthers the City's mission, goals, and priorities. Potential impact to future
budgetary line items (maintenance costs, insurance premiums, depreciation longevity, etc) are to be
identified if applicable. These findings will be presented to the City Council for final determination of
acceptance or denial of the donation.
Department reviewing offer:
Does donation further the City's mission, goals and priorities: YES NO. Explain:
If YES, provide: Cost v Benefit analysis:
RECOMMENDATION: APPROVED / DISAPPROVED
Department Head Signature
Mayor
Council action (if over 5k or ongoing expense associated with donation)
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EXHIBIT C
DONATION AGREEMENT
THIS DONATION AGREEMENT ("Agreement")I s made and entered into this ## day of Month
20_ by and between the CITY OF EAGLE, IDAHO, with a mailing address of 660 E. Civic Lane Eagle,
Idaho, an Idaho municipal corporation ("City") and insert name a having a mailing address of insert
address ("Donor"). City and Donor are sometimes collectively referred to herein individually as a "Party,"
or collectively as the "Parties".
RECITALS
WHEREAS, the Donor has desires of donate monies to the City of Eagle; and
WHEREAS, the Donor desires for the monies to be directed for used for services provided by the City;
and
WHEREAS, it is the preference of the Donor that the monies be utilized , but
acknowledges that the City has final authority to distribute funds where they may best serve the citizens
of Eagle; and
WHEREAS, the donation will further the City's mission, goals and priorities for the City;
WHEREAS, Donor desires to donate monies, the City desires to accept the donation of monies, and in
accordance with the terms and conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein
contained, the parties agree as follows:
1. Incorporation of Recitals. The above Recitals are a material part of this Agreement and are
incorporated as though they were folly set forth herein.
2. Donation. Subject to and upon the terms of this agreement, Donor hereby agrees to donate insert
monetary sum to the City, and with the preference stated that the funds be used to support Library
services, specifically "The Family Place" section.
3. Recognition and Duration.
a) Donation recognition on promotional materials and on social media.
b) Signage or other agreed upon terms: With approval of signage design City, the Donor intends,
at Donor's sole expense, to procure signage to be installed at a location authorized by the City
recognizing the donation. Signage will become property of the City of Eagle.
Upon termination of the terms of this agreement the City may allow the donor 30 days to
retrieve the signage. If the Donor declines or the sign remains unclaimed by the Donor the City
may dispose of the signage as it sees fit.
c) Signage will remain in place for a duration to be negotiated — insert # of months, from the date
of the installation of the signage.
4. Notice. Communication between the Parties regarding day-to-day matters shall occur via e-mail
or telephone. All other notices required to be given by either of the Parties shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail, addressed as follows:
City of Eagle Donor name
Attn: City Clerk contact
P.O. Box 1520 Address
Eagle, ID 83616 City State ZIp
Phone: (208) 489-8781 Phone:
e-mail: clerks@cityofeagle.org email:
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5. Assignment. This Agreement may not be assigned or delegated by either party without prior
written consent of the other party.
6. Attorney's Fees. The prevailing party in any claims or disputes arising out of this Agreement
shall be entitled to recover reasonable attorney's fees in addition to other relief which a court of competent
jurisdiction may award.
7. Governing Law. This Agreement will be construed in accordance with the laws of the State of
Idaho. The Parties submit to the jurisdiction of Idaho courts and agree that proper venue for any suit
concerning this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada
County.
8. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative
to the subject matter hereof. Statements or representations of any kind not embodied herein shall be of no
force or effect. This Agreement may only be modified in writing.
9. Heirs and Assigns. This Agreement and the terms and conditions hereof shall apply to and are
binding upon the heirs, executors, administrators and assigns of the Parties hereto.
10. Severability. If any provision of this Agreement, or the application of such provision to any
person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such
provision to persons or circumstances other than those as to which it is held invalid, shall not be affected
thereby.
11. Approval. The City and Donor each acknowledge that this Agreement, even though agreed upon
by the City's representatives, is not binding upon the City until such time as the Eagle City Council
approves this Agreement and authorizes the Mayor to execute this Agreement on behalf of the City.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above
written.
DONOR:
Company name
Signatory Name
Signatory Title
Date
CITY OF EAGLE
an Idaho municipal corporation
Mayor,
Mayor
Attest:
City Clerk
Date
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