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Home My WebLink About19-1336FILE REFERENCE FORM 19-1336 X Additional File Exists Additional File Contains Records Not Public, According to the Public Records Act Other FILE(S) Date Initials Re ealed b Resolution No. 20-169 02/11/20 JR RESOLUTION NO. 19-133( A RESOLUTION OF THE CITY OF DENTON, TEXAS ESTABLISHING AN ACCEPTANCE OF SPONSORSHIPS AND DONATIONS POLICY; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton desires to adopt an Acceptance of Sponsorships and Donations Policy; and WHEREAS, the policy will establish structure and consistency, and citywide guidelines for the solicitation, administration, and acceptance of sponsorships and donations received by the City; and WHEREAS, the City Council deems it in the public's best interest to adopt the policy; NOW, THEREFORE, THE COUNCTL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. The Acceptance of Sponsorships and Donations Policy, which is attached hereto, and made a part hereof, is hereby adopted as an official policy of the City of Denton, SECTION 2. The attached policy shall be iiled in the official records with the City Secretary. SECTION 3. This Resolution shall become effective immediately upon its passage and approval. The motion to approve this Resolution was made by �� . �.,�„ �w w��m� ��" �,� � _ and seconded b � � w�� Y e mwmw �„�� w��' mm� m• This Resolution was passed and tX�a�,bW�rr�:;ci ��;wr tl�� a��r�i��; vc�t.� � ��. - ��...rw Chris Watts, Mayor; Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Jesse L. Davis, District 3: John Ryan, District 4; Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Abstain Absent PASSED AND APPROVED this the ��,�,� day of ��°��,��,� ______ , 2019. ATTEST: ROSA RIOS, CITY SECRETARY .,, `'� �. BYe _.��.�.._:-�� .w�� '....m:.� � ��,�..�� . �� . �m�� .... .... ...... APPROVED AS TO LEGAL FORM: AARON [..,:1 ��.r� 1.�, CITY ATTOI� �1 i��' : ��, ,,, ,.�„, � � �� '� � � �� '�"� _ �� __ --- � � �'� �� °��"�iS �w"v"�°��"`�"�� MAYOR � �' ,m�,�r �fd� �I� �C 1[F �.� ��mmB�lll��.��. ��.�IIII� I. PURPOSE CITY OF DENTON Acceptance of Sponsorships and Donations Policy The purpose of the policy is to provide guidelines for the solicitation, administration, and acceptance of sponsorships and donations received by the City of Denton. II. POLICY It is the policy of the Denton City Council that sponsorship and donation opportunities exist to enhance the mission of the City and generate revenue to subsidize costs associated with programs, events, or assets, and are pursued in accordance with the guidelines set forth by the City Council. The City reserves the right to accept or reject a sponsorship or donation at any time. This policy does not cover sponsorships and donations related to naming rights. For naming rights, see City of Denton Policy R2012-007. III. AUTHORITY AND APPROVAL DELEGATIONS In the event of conflict between this policy and other City policies, this policy will prevail pending proper approvals. Denton City Council, at its discretion, may grant variances to this policy. Upon the City's acceptance of a sponsorship and donation, a sponsorship or donation agreement shall be between the City of Denton and the donor or sponsor. Authorized City Staff has the authority to create, solicit, and distribute sponsorship and donation opportunities, receive and assess sponsorship and donation agreements, and accept and deposit funds in accordance with this policy. City Staff will comply and adhere to City polices, seek consultation with appropriate other City staff (e.g. City Legal, Finance Department) as needed. City staff will obtain a copy of the sponsor's current insurance certificate with the City added as a rider, permits and a signed indemnification agreement, when applicable, and shall maintain a log of sponsorships and donations, including the name of each sponsor or donor, amount or a description of the item given, and any other relevant information necessary to effectuate an accepted sponsorship or donation. The Department Director or designee will oversee the purpose and application of this policy. The following general principles shall apply for approvals: • Only City staff authorized by this policy may accept donations or sponsorship. • The City has no obligation to accept any donation or approve a sponsorship. • All donations and sponsorships must be in the public's best interest, support the City's mission, and reflect the City's public image in a positive manner. • All donations and sponsorships must be in compliance with applicable state and federal law, City policies, ordinances, and resolutions. • The City does not provide legal, accounting, tax or other such advice. Each donor or sponsor is ultimately responsible for ensuring the proposed donation meets and furthers their financial, and estate planning goals. As such, each donor and sponsor is encouraged to meet with a professional advisor before making any donation to the City. � All donations must be used for official City business, and not for political activities or other personal business. • The City does not, under any circumstances, endorse, validate, or certify the products, services, or ideas of any sponsor or donor, regardless of the level of sponsorship given to the City. � A donor or sponsor may restrict a donation for a particular City department, location or purpose, but may not designate a certain City official who may use the donation orsponsorship. �...• . 1 . • . ; Authorized City Staff Approve sponsorships and donations up to $5,000 City Manager or Designee Cpy Councp approvapis not otherwise eq00e�u.p tomm$49,999 provided .............................................................................................._................................ �............................................... ..................................... �..............�.______m.____.... �__ _ __ ____..._._ City Council Approve all sponsorships and donations equal to or greater than $50,000. Authorized City staff, City Some agreements and public recognition display approval may require Manager, City Council ' a combination of approvals in accordance with this policy. � greements, but cann tlppeak ondbehalf of, or n gotliate on behalf of Third Party Individuals and/or Organizations the City of Denton. SOLICITATION OF SPONSORSHIPS AND/OR DONATIONS WORK FLOW •Authorized staff submit solicitation plan and list of potential sponsors/donors for approval by next level supervisor •Staff solicit sponsorships/donations in accordance with this policy �Staff accept and report sponsorships/donations in accordance with this policy �Authorized staff submit solicitation plan, agreement draft, and list of potential sponsors/donors for approval by City Manager or designee. �Staff solicit sponsorships/donations in accordance with this policy •Staff accept and report sponsorship/donations in accordance with this policy •Authorized staff or Director submit solicitation plan and list of potential donors/sponsors to Purchasing for Request for Proposals (RFP) •Soliciation is done through the RFP process � Results of the RFP are taken to City Council for review and approval If an unsolicited sponsorship or donation is offered to the City over $5,000, it must be accompanied with an agreement and City Manager or designee's approval. If an unsolicited sponsorship or donation is offered to the City over $50,000, it will require City Council's approval. No City employee shall directly or indirectly solicit, seek, or accept anything of value in return for being influenced in the performance of an official act; influenced to commit, aid in committing, collude or allow fraud; or induced to perform or fail to perform an act in violation of the employee's official duty or the City's Employee Ethics Policy (10.00). In order to eliminate risk to City employees and to manage any possible conflicts regarding solicitations of donations and offers to sponsor made to the City, no City employee shall engage in any solicitation of donations or enter into an agreement on behalf of the City unless expressly authorized by a City official or by the employee's Department Director or Director's designee, or unless authorized under this policy. IV. DEFINITION OF TERMS . , ' A written contractual arrangement with the City which details an exchange of a cash or in-kind contribution and the benefits provided in Agreement return. Agreements can originate in-house by Authorized City Staff and approvals may vary in accordance with this policy. An agreement is required for contributions valued over $5,000. —... amenit e.s�pa�ks�...p.laygrounds ................�............... �..� ......�_... � Asset g y p p y ch as facilities, equipment, furniture, , public open spaces, and/or trails, etc. Authorized City Staff A City employee authorized by their supervisor, manager, or director, Exists when an individual, organization, and/or business is reflected in Conflict of Interest a negative manner which is contrary to department's mission, competes with on-going programs, events, or partnerships, or negatively compromises the integrity of the City's public image. m........m..� ...................................�. m. __.._..__............. � � ��..m.m..m..m..��.�. ��.,�._m..m..m. A cash or in-kind contribution by an individual, organization, and/or Donation business without restrictions or with restrictions specified by a donor or outlined in an agreement, when applicable. Memorial An asset or monument which honors a life or an event. Public Recognition� or A benefit that can only be leveraged by Authorized City Staff and/or Display City Council in accordance with this policy. ________________�.. ...., ..., e,., ,, .,, ._. ._.,,,,,,,,,m __ ___________________________.__ --- Radio Subscription An entertainment system used in City facilities that sounds like a Services commercial radio station with DJ's, music, and commercials. .... ...�.�.� .. ... ..... ... ....... �. ...A cash or in-.. ,,,,,,,�.. � ....... kind contribution by an individual, organization, and/or business Sponsorship in exchange for recognition in the form of publicity, promotional consideration, and/or merchandising. Sponsorships should not be confused with advertising. Advertising is a benefit that can be leveraged. Partnerships, contracts, and/or organizations hat o erate in su � t p pport Third Party Individuals of City programs, events, and/or assets. Authorized approvals are and/or Organizations required in accordance with this policy by Authorized City Staff, the City Manager, and/or City Council. V. SPONSORSHIPS ,; A monetary payment on behalf of an individual, organization, and/or business that provides cash in support of a City asset, event, or program in exchange for recognition in the form of publicity, promotional consideration, and/or merchandising. IN-KIND SPONSORSHIP A contribution of goods and/or services on behalf of an individual, organization, and/or business in support of a City asset, event, or program in exchange for recognition in the form of publicity, promotional consideration, and/or merchandising. SPONSORSHIP BENEFITS Benefits are offered in the form of public recognition and/or merchandising and are subject to change. They must be agreed upon in advance and be included in the written sponsorship agreement, when applicable. Benefits vary based on the asset, event, and/or program, size and scope of sponsorship, and range of financial resources. The extent of recognition and promotional opportunities will depend on the level and nature of each individual sponsorship. Opportunities across a range of online and offline media platforms may include, but are not limited to: � Appropriate mention on social media platform(s) • Appropriate mention on posters, digital flyers, and press releases � Appropriate mention on promotional merchandise, apparel, or uniform SPONSORSHIP GUIDELINES Sponsorships are voluntary and will be considered on an individual, case-by-case basis and assessed for potential conflict of interest and alignment with the City's mission and values. Examples of sponsorships that are typically ineligible for sponsorship include, but are not limited to individuals, organizations, and/or businesses who promote hatred against individuals or groups, represent religious or political views, candidates, and campaigns, and whose primary products or services are derived from the sale of tobacco, alcohol, drugs, firearms, gambling, or sexually explicit or inappropriate materials. The City does not endorse the products, services, or ideas of any sponsor, regardless of level. Sponsorship agreements shall not limit the City's ability to seek other sponsorships and sponsors cannot commit the City to any financial or operational obligation beyond the terms of an agreement. Sponsors are required to be forthcoming and advise the City if a sponsorship is concurrent with a planning, permit, or procurement application or if the donor is in litigation against the City. Failure to disclose this information may result in ineligibility to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year per City of Denton Code of Ordinances, Chapter 2, Article XI. VI. DONATIONS CASH DONATION A monetary donation on behalf of an individual, organization, and/or business in support of a City asset, event, or program in exchange for public recognition or display. IN-KIND DONATION A donation of goods and/or services on behalf of an individual, organization, and/or business in support of a City asset, event, or program in exchange for public recognition or display. x7sZ� I��,i,[�7�i;��l�i�i��;�l Benefits are offered in the form of public recognition acknowledgments or mentions. They must be agreed upon in advance, and be included in a written agreement, when applicable. Examples may include, but are not limited to: • Acknowledgement through social media or press release • Acknowledgment on a donor wall or plaque • Acknowledgement through installation of a memorial such as a bench, picket, or brick DONATION GUIDELINES Donations are voluntary and will be considered on an individual, case-by-case basis and assessed for potential conflict of interest and alignment with the City's mission and values. The City will not accept donations that are conditional upon endorsement or imply their products, services or ideas are sanctioned by the City. The City will not extend or offer accrued advantages in exchange for a donation. Donors are required to be forthcoming and advise the City if a donation is concurrent with a planning, permit, or procurement application or if the donor is in litigation against the City. Failure to disclose this information may result in ineligibility to enter into a City contract or other arrangement for goods, services, or real property, for a period of one (1) year per City of Denton Code of Ordinances, Chapter 2, Article XI. Donations that are being accumulated for a major project or campaign will be held in an appropriate City account or reserve until sufficient funds for the proposed project have been obtained. Donations become the property of the City of Denton and subject to the laws, policies, and procedures that govern the City. The City will ensure public interest will remain protected and recognition display guidelines will be assessed and updated in accordance with this policy. As such, authorized City staff will implement the following guidelines: • i � . • , � � , Anonymous Donations In all forms of recognition, the donor's wishes for anonymity shall be respected. Aesthetics, Safety, and Location Displays must not detract from the aesthetic quality or safety of an asset, and/or the physical attributes of a location. n....._ .,_.�...� .�.. .....� ..................�......�.........�..��... � .,m�...�. �._.. The City will evaluate each donation agreement in exchange Agreements for recognition display on a case-by-case basis and will seek City Manager and/or City Council approval as needed. �.m ....................................................................................................................................... ..............p..I..........1._.........................�..m..m..m.�..�.not be erceived as advert.isin..�......... or ...._ .... sp ays ust p g commercializing the character of an asset or location and/or Commercial Perception create a feeling of proprietary interest. Displays must not advertise promotions, non-brand slogans, or perceived endorsements. The City will ensure displays are safe and durable, and meet Quality Specifications City design or quality specifications, standards, policies, and City Ordinances. Maintenance The City is under no obligation to replace stolen, vandalized, irreparably damaged, or destroyed donor displays. Term Donor displays may not be in perpetuity. The duration may be the asset's life span and is subject to replacement at any time. ri �.�� t � � ,„ Sponsorships or donations are required in full unless otherwise stated in a written agreement. Any donation or sponsorship valued over $5,000 must be accompanied with a written agreement. Upon acceptance of either a sponsorship or donation, City staff must document contribution details in the appropriate software. Details will include: � Contact information of donor or sponsor (unless donor/sponsor wishes to remain anonymous) � Value, allocation, and benefit received, if applicable � If in-kind, description of goods or services � Name of staff inember accepting donation or sponsorship REPORTING Departments collecting sponsorships and/or donations are required to meet the following reporting guidelines at minimum on an annual basis: +� Provide a listing of sponsors and/or donors solicited • Provide a listing of the amount of sponsorships and/or donations collected � Publish a listing of vendors that have made contributions, for example on a website or in a report that is accessible to the public DONATION AND SPONSORSHIP ALLOCATIONS Payments will be deposited into designated City funds, unless otherwise reallocated by the City Manager and/or City Council. Every year as part of the budget process, City Council will have the authority to reallocate unrestricted donations. VIII. TERMINATION OF AGREEMENTS The City reserves the right to accept or reject a sponsorship or donation in accordance with this policy. If the City elects to terminate an agreement, any funds, unused materials or services, or other in-kind contribution received by the City prior to such termination, will be refunded or returned by the City, unless such termination is due to a material breach of the agreement by the sponsor or donor, in which case the City may retain all or a part of the compensation if the City determines that such is necessary to compensate the City for any losses incurred by the City due to such material breach.