Sanibel Agenda Item
Meeting of 03/18/2025
CITY OF SANIBEL RESOLUTION 25-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANIBEL, FLORIDA, ESTABLISHING A POLICY FOR THE ACCEPTANCE AND ADMINISTRATION OF DONATIONS FOR PUBLIC PROGRAMS, PROJECTS, OR PURPOSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Sanibel recognizes the benefit of donations from individuals, community groups, and businesses to fund new and existing facilities, services, projects, programs, and activities for the benefit of the City and its residents; and
WHEREAS, there is a need to establish revenue streams and resources that will increase the
City’s ability to deliver enhanced services and amenities beyond the core levels funded by the general fund; and
WHEREAS, it is an acceptable and appropriate practice to accept donations to enhance City programs, services, and facilities to maintain a high level of service to the public; and
WHEREAS, it is desirable to establish procedures for the acceptance and administration of donations for public programs, projects, or purposes; and
WHEREAS, the Parks and Recreation Advisory Committee held a duly noticed public meeting on February 20, 2025 and reviewed the Donation Policy and recommended to City Council approval of the policy by a vote of 7 to 0.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANIBEL, FLORIDA:
SECTION 1. The City Council hereby approves the Donation Policy for acceptance and administration of donations for public programs, projects, or purposes, attached hereto as Exhibit A.
SECTION 2. This resolution shall take effect immediately upon adoption.
PASSED IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF SANIBEL, FLORIDA THIS 18TH DAY OF MARCH 2025.
Attest:
Scotty Lynn Kelly, City Clerk , Mayor
Approved as to form and legality:
John D. Agnew, City Attorney
Date filed with City Clerk: ____________
Vote of Council Members:
Smith ______
Johnson ______
DeBruce ______
Henshaw ______
Miller ______
EXHIBIT A OF RESOLUTION
DONATION POLICY
BACKGROUND
Donations are offered to the City of Sanibel (City) for general or specific purposes. This policy establishes consistent criteria and procedures to guide the review, acceptance, placement, and longterm maintenance of such donations, confirm that the City has relevant and adequate resources to administer such donations, and ensure that the City appropriately acknowledges the generosity of the donor.
PURPOSE
To provide guidelines for accepting gifts and donations in a responsible, transparent, and accountable manner that is consistent with the City's Vision Plan and strategic goals. Guidelines will offer sustainable management of site-appropriate facilities and amenities, so as not to detract from the visual aesthetics of the surrounding natural environment or place an undue burden on the City.
SPECIFIC OBJECTIVES
1. To establish and guide relationships with donors who share the City's commitment to provide a high-quality, civic environment.
2. To enrich the City by responsibly and efficiently managing donations.
3. To generate revenue to fund new and existing facilities, projects, programs, and activities for the benefit of the City and its residents.
4. To work with individuals, sponsors, businesses, and non-profit organizations whose missions support the City's vision and strategic goals.
DEFINITIONS
Amenity means an improvement located on City property which is less than the entire portion of a City property, such as a trail located along City property, or an interior room or rooms in a building. A fully enclosed structure such as a City building with walls and roof (examples being a community center, stand-alone gym, warehouse, or stand-alone building housing a restroom) is more substantial than an Amenity, and City Council approval is required before granting naming rights. An Amenity may include any of the following if located on City property: grounds that constitute only a portion of a larger parcel of City property, gazebos, archways, paths, athletic facilities that are not fully enclosed structures, playing fields, portions of aquatic facilities that are not enclosed structures or City buildings, picnic areas, tot lots, play structures, benches, trees, hard courts, and similar structures or elements.
City Manager means the chief administrative officer of the City. and head of the administrative branch of the City government for which a donation is designated or intended, or designee.
Designee means the person duly authorized by the City Manager to act on the behalf of the City Manager.
Donation or Gift means a monetary (cash) contribution, amenities, endowments, personal property, real property, equipment, in-kind goods or services, or any other asset that the City wishes to accept and for which the donor has not received any property, goods, or services in return. For the purposes of this Council Policy, the terms "donation" and "gift" shall be synonymous.
Donor means a person or other legal entity that proposes or provides a donation to the City.
Donor Agreement means an agreement between a donor and the City that generally outlines the purpose for the donation, the amount of the donation, and how the funds will be used or expended by the City.
Fundraising means any activity conducted with the intent of soliciting donations, sponsorships, or other financial contributions to the City, or to a particular Department or activity of the City. Fundraising activities may include, but are not limited to, City grant proposals, City responses to Request for Proposals issued by other agencies, foundations, or funding agencies, endowment programs, and contacting individuals, companies, foundations, or other entities with the primary purpose of receiving financial support for the City.
In-Kind Contribution means a contribution of an item, object, or service other than cash or real property, which would serve a useful purpose in the provision of City services.
Restricted Donation means donations designated at donor’s request for a specific location or purpose.
Sponsorship means provision by a person or entity of financial support for an activity, City program, or City facility, typically to encourage the City to provide more than nominal recognition of financial support, which distinguishes a sponsorship from a donation. Financial assistance provided by a Sponsor may consist of cash or in-kind contributions or both.
Unrestricted Donation means a donation to the City without any limitations being placed upon its use.
GENERAL
1. Donations become the property of the City upon formal acceptance.
2. The City Manager or designee is authorized to accept donations on behalf of the City, except should the donation be real property or an interest in real property City Council must approve and accept the donation. The City Manager or designee is authorized to approve sponsorship, donation and/or fundraising programs, and to issue requests for proposals to engage in similar donation or sponsorship solicitation activity.
3. The City has no obligation to accept any donation or sponsorship proposed by a donor. Any donations deemed unacceptable will be returned to the donor.
4. The City will comply with all applicable laws and regulations of the Internal Revenue Service regarding the acceptance of donations. The City does not provide legal, accounting, tax, or other such advice to donors. Each donor is encouraged to meet with a professional advisor and is ultimately responsible for ensuring the donor’s proposed donation meets and furthers the donor’s charitable, financial, and estate planning goals before making any donation to the City. The City cannot guarantee the tax deductibility of a donation but may provide the donating party with a letter of acknowledgement and a statement of the City’s intended use.
5. The donation must be used for official City business and not for political activities or other personal business.
6. The City must determine whether an expenditure of City funds, either a direct outlay of City funds or the use of City personnel and materials, is associated with or required by the acceptance of the donation prior to the acceptance.
7. The City encourages the acceptance of donations or sponsorships if the donation provides a significant enhancement to the City, enhances or reduces costs the City would incur in the absence of its acceptance, or if it otherwise benefits the City in a manner that provides a net savings to the City.
POLICY
Types of Donations
Donations may be received in the form of cash, or real or personal property. Donations may be Restricted or Unrestricted. Unrestricted donations are preferable to restricted donations.
1. Donations of Real Property
a. The City Manager or designee shall evaluate the donation to determine that the donation is in the City’s best interest based on land use requirements, park design, public concern, maintenance, and recreational issues, and acceptance is consistent with applicable City laws, policies, ordinances, and resolutions.
b. The City Manager or designee will identify:
i. The appraised value of the donation, and when applicable, may have an appraisal made by licensed appraiser, and may have a title search conducted.
ii. Any expenditures or maintenance obligations associated with the donation. iii. Potential liabilities associated with the donation, such as hazardous conditions or environmental concerns.
iv. Whether the donation has any special restrictions, if those restrictions are acceptable to the City, and any recommendations for conditions of acceptance. Typically, the City will not accept a donation of real property with such conditions.
c. The City Manager or designee is responsible for administration of the donation of real property.
d. The City Council shall consider any proposed donation of real property or an interest in real property to the City. Should the City Council agree to accept a donation of real property or an interest in real property, the City Council shall formally accept the donation by Resolution.
e. The City Manager or designee shall give notice of the City Council’s decision to the donor following the City Council’s determination to accept or reject a donation.
2. Donations of Cash, Intangible Property and Goods
a. The City Manager or designee will evaluate whether the donation:
i. Is in the City’s best interest and is consistent with applicable City laws, policies, ordinances, and resolutions.
ii. Has any special restrictions and if the restrictions are acceptable to the City.
iii. Requires the City to make an initial expenditure which has not been included in the approved City budget.
iv. Creates a new, one-time or on-going maintenance obligation.
b. The City Manager or designee may accept, expend, or refund a donation that is within the City Manager’s expenditure authority as established in the City’s Purchasing Policy and Procedures.
c. The City Council shall accept, expend, or refund a donation accepted that exceeds the City
Manager's expenditure authority as established in the City’s Purchasing Policy and
Procedures
d. The City Council shall appropriate donations for use by the City as established in a Donor Agreement, if applicable, by Resolution.
e. The City Manager or designee shall give notice of the City Council’s decision to the donor following the City Council’s determination to accept or reject a donation.
3. Donations and Sponsorship Uses
a. Donations or sponsorships may be used for public purposes, including without limitation the following:
i. Property – Real and Personal (Donation, Purchase, Maintenance, etc.)
ii. Facilities (Initial Construction, Renovation, or Expansion)
iii. Site Amenities – Examples include but are not limited to benches, lights, water fountains, playgrounds, landscaping, pavilions, specialty facilities, or any other similar public park, recreational or facility elements.
iv. Programs – Examples include but are not limited to instructional classes, after school programs, camps, fitness, athletics, education programs, special events, or any other similar programs. Expenditure of donations for programs will follow established City Financial Policies.
DONATION AGREEMENT
The City and Donor shall enter into a Donor Agreement for donations that exceed the expenditure authority of the City Manager as established in the City’s Purchasing Policy and Procedures. The Donation Agreement shall generally outline the purpose for the donation, the amount of the donation, and how the funds will be used or expended by the City. All Donor Agreements shall be approved by the City Council by Resolution.
ACCOUNTING
Through the direction of the City Manager or designee, the City Finance Department is responsible for providing for the deposit and financial administration of any donation to the City. The Finance Department will track the proposed use of any such donation and will maintain separate records of accounts showing receipts and disbursements. The City Manager may establish further rules and regulations for the accounting and administration of donations.
LIMITS OF DONATIONS
1. A donation to the City does not obligate the City to seek permission from a donor to amend, alter, modify, or change the appearance, continuance, discontinuance, or operation of projects, programs, properties, facilities, or operations.
2. A donation to the City will not obligate the City to honor a perpetual or lifetime naming right or similar consideration to a donor. The City does not guarantee permanency of any donation, sponsorship, amenity, or gift.
3. A donation to the City occurs with the understanding that items or facilities have a useful life. Once a donation or amenity is accepted, it becomes City property and the City may decide to maintain, replace, or dispose of the item unless the donation is explicitly accepted by the City subject to mutually acceptable restrictions.
DONOR RECOGNITION
1. The City Manager or designee will recognize donations by a letter of appreciation to a donor confirming the date, amount, and purpose of the donation.
2. Consideration for a naming opportunity will follow the Naming Rights Policy adopted by City Council.
STANDARDS FOR NEW DONATIONS
1. Purchase and Installation
a. The City will be responsible for the purchase and installation of all elements or amenities acquired through donations.
2. Appearance and Quality
a. The City has an interest in ensuring the best appearance and quality of public properties and facilities. The appearance should reflect the unique character of the City. The design and installation of any element will be completed in such a manner that will not substantially change the character of a property, facility, or the intended use.
b. Donated elements must be of high quality to ensure a long life and be resistant to the elements, wear and tear, and acts of vandalism.
3. Maintenance
a. Upon acceptance of a donation, the donated element becomes City property. Accordingly, the City will maintain the element until removal, relocation, or elimination is desired or necessary.
4. Repair
a. The City has an interest in ensuring that all donated elements remain in good repair. In addition, the public has an interest in ensuring that the short- and long-term repair costs are reasonable.
5. Cost
a. The City has an interest in ensuring that the donor covers the full cost for purchase and installation. The City also has an interest in ensuring that on-going maintenance costs do not negatively impact the resources available for maintenance of other City facilities. The City may assess at the time of donation a charge sufficient to cover anticipated on-going maintenance of donated elements life expectancy.
DISCLAIMERS
1. Different forms of contributions to the City present different opportunities and challenges. Therefore, it is not possible to establish blanket guidelines to cover all types of donations or sponsorship activities that the City may decide to pursue.
2. The making of a donation or sponsorship to the City will not provide any extra consideration to the donating or sponsoring party in relation to any City procurement, any regulatory activities of the City, or other City business. No City employee or other City Official is authorized to offer any such extra consideration to a donating party.
3. The City will maintain ethics in fundraising activities. All donations or sponsorships must directly enhance the City's ability to provide goods or services to the public, or for another valid public purpose, and may not be used for personal financial gain of any City employee or official.
