6-7
GRANTS, DONATIONS AND GIFTS TO THE CITY:

6-7.1 Definitions:

Donation or donations means presentation by third parties of any tangible or intangible asset including gifts, in whatever condition, the city is prepared to accept pursuant to the policy set forth herein and administrative guidelines promulgated pursuant to this section.

Donor means an individual or legal entity making a gift or donation to the city.

Gift or gifts means the voluntary transfer of property, real or personal, including money or marketable securities, from a third party to the city or any of the city’s departments or constituent entities such as the Lynwood Information, Inc., or the Lynwood public finance authority.

Grant means funding provided by third parties, public and private entities, available to the city through an application process, and when applied for pursuant to city council authorizations, and funded by the party offering the grant, permits the city to spend the approved funding under conditions set forth in the grant program application or established by the funding source.

Intended use when applied to gifts or donation means the direction or limitation placed upon a gift or donation donor which the city must agree to as a condition of acceptance and use of the gift or donation.

Restricted account means the account or accounts into which the city deposits the gift or donation.

Restrictions means the condition or conditions placed upon a gift or donation by the donor and/or any limitation on the use of a gift or donation to the city placed on said item by the donor that impairs the ability of the city to dispose of or use the gift or donation in any manner it determines appropriate.

Segregation of funds means the city’s record keeping means and management program that will maintain as separately identifiable the gifts or donations until their use by the city. (Ord. #1587, §1)

6-7.2 Purpose:

The city council of the city of Lynwood hereby finds that there are individuals and entities willing to make resources available to the city to provide for the delivery of programs or services to its residents. When made available to the city, such resources enhance the city’s ability to serve the needs of its residents and businesses alike. The clear and transparent management of gifts or donations serves to encourage donors’ continued participation in charitable endeavors. To provide for the effective management of such resources and encourage the contributions of the same to the city, the city hereby adopts the policy set forth in this section. (Ord. #1587, §1)

6-7.3 Solicitation Of Gifts Or Donations:

a.    There shall be no solicitation of gifts or donations by any city staff except pursuant to the following guidelines:

1.    Solicitations for gifts or donations may be made only by department directors or their designated staff.

2.    Solicitations for gifts or donations may only be made for special programs or functions administered by the department making the solicitation. No solicitation shall be made by the city for gifts or donations intended to benefit a single individual.

3.    Department directors may not authorize staff or engage in solicitation for gifts and donations without prior notification and authorization from the city manager.

b.    All solicitations must comply with the city’s administrative guidelines to be promulgated by the city manager following the adoption of this section and in advance of any solicitation or acceptance of gifts or donations authorized by this section. (Ord. #1587, §1)

6-7.4 Acceptance Of Gifts And Donations:

a.    Gifts or donations provided to the city free of any restrictions may be accepted by city employees authorized by their department directors to do so provided the gifts or donations are not restricted in any way or, if restricted, the restriction on the use of the gifts or donations is limited to the intended use for which the solicitation was made pursuant to a city council approved program.

b.    All funds accepted by the city as a result of solicitation for gifts or donations shall be deposited into a restricted account in the city treasury. At all times there shall be segregation of funds pursuant to administrative guidelines providing that any limitation on or use of received funds will be met and such compliance will be verifiable.

c.    Unrestricted gifts or donations in any amount designated for specific programs established by council action shall not require further action by council for acceptance. Notwithstanding the foregoing, gifts or donations of real property or any estate in real property may only be accepted pursuant to applicable state law, including, but not limited to, the requirement of a resolution of acceptance passed by the legislative body pursuant to Government Code section 27281.

d.    The city council shall receive quarterly reports from the city manager or his/her designee on all gifts or donations received. Such reports shall contain the following information:

1.    The amount of each gift or donation and the date of receipt;

2.    The name of the department director or designee who solicited the gift or donation;

3.    The name of the donor;

4.    An explanation of any restrictions placed on the gift or donation or the expenditure or allocation of the funds and increases derived therefrom, and compliance, if any should be required, with conditions or restrictions on the funds received;

5.    Such other information as the city may prescribe in its administrative guidelines. (Ord. #1587, §1)

6-7.5 Allocation, Expenditure And Use Of Funds:

No action by the city council shall be required for the allocation, expenditure or use of gifts or donations provided the same are used for the purpose designated by the donor, and the total amount of funds in question for a specific program does not exceed fifteen thousand dollars ($15,000.00) in any one fiscal year. In the event the proposed total of funds to be allocated and spent exceeds fifteen thousand dollars ($15,000.00) in any one fiscal year, the proposed allocation or expenditure of funds shall be presented to the city council for action. (Ord. #1587, §1)

6-7.6 Grant Funding:

The city may apply for funding from any type of available grant. The city manager or his designee shall approve applications for grants in all instances except in cases where the grant conditions require city council approval before presenting the grant application to the funding source. Use of grant funds shall be at all times consistent with funding conditions and shall be done under the supervision and direction of the city manager except in cases where the conditions of the grant require city council approval before the funds may be used. In cases involving the allocation of more than fifteen thousand dollars ($15,000.00) for a program in any one fiscal year, city council approval must be had prior to the use of the funds in question. (Ord. #1587, §1)