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HomeMy WebLinkAbout19-203RESOLUTION NO. 19 —203 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS; ADDING SECTION 24 TO PROVIDE PROCEDURES FOR FUNDRAISING AND SPONSORSHIP PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations, 1. On September 24, 1985, the Board of County Commissioners for St. Lucie County, (the "Board") adopted Ordinance No. 85-06 which created a purchasing department and established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"). 2. On October 7, 1985, the Board adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual'); and since that date the Purchasing Manual has been amended from time to time. 3. It is necessary to further amend the Purchasing Manual to establish procedures for fundraising and sponsorships. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations is hereby amended as set forth in Exhibit "A" attached. 2. This resolution shall become effective upon adoption. After motion and second the vote on this Resolution was as follows: Chair Linda Bartz AYE Vice Chair Cathy Townsend AYE Commissioner Chris Dzadovsky AYE Commissioner Sean Mitchell AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED this 1sth day of October, 2019. TTEST: i Deputy C erk Alp �t� w N, z �. u0NrY, FE.CRo�x BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: Chair APPROVED AS TO FORM County EXHIBIT A SECTION 24 — FUNDRAISING AND SPONSORSHIP POLICY PURPOSE: To encourage and support departments in the development of partnerships to aid in revenue generation and Fundraising and Sponsorship efforts that are consistent with existing County policies, procedures and applicable laws. BACKGROUND: With a long standing tradition of creative and innovative solutions that sustains ongoing services for our residents; the County continues to look for ways in which Public -Private Partnerships provide Donations, funding and volunteer assistance to support and enhance County services. POLICY: Individual Departments, through the approval of the County Administrator and/or the Board of County Commissioners, may develop Sponsorship and Fundraising programs that meet the requirements set forth in this Policy. GENERAL PROVISIONS: 1. This policy is intended to establish a framework if County Departments and the County Administrator determine to establish Donations, Sponsorship, and Fundraising programs so that the Departments may properly consider and address the different economic, procedural and legal issues that may be associated with Donation and Sponsor solicitation and recognition, including those related to County related foundations. 2. This policy is intended to support the County's ability to increase revenue and partnership and does not limit the County's ability to apply for grant funding. 3. The County will consider the acceptance of Donations or Sponsorships if the Donation or Sponsorship provides a significant enhancement to the County, enhances or reduces cost the County would incur in the absence of its acceptance, or if it otherwise benefits the County in a manner that provides a net savings to the County. 4. The County will consider Donations of materials with the understanding that such items have a useful life. Once a Donation is accepted, it becomes County property and the County reserves the right to decide to maintain, replace or dispose of the item unless the Donation is explicitly accepted by the County subject to restrictions. 5. Unrestricted Donations are preferable to restricted Donations. 6. Definitions of terms used in this policy are set forth below: 1 s:\ATTY\Fundraising and Sponsorship Policy DEFINITIONS: • Fundraising; Any activity conducted with the intent of soliciting Donations, Sponsorships or other financial contributions to the County or to a particular Department or activity of the County. Fundraising activities may include, but are not limited to, contacting individuals, companies, foundations, or other entities with the primary purpose of receiving financial support for the County. • Sponsorship: A "Sponsorship" typically means a person or entity that provides that County with financial support for an activity, County program or County facility, typically in exchange for the County providing more than nominal recognition of its financial support, which distinguishes a Sponsorship from a Donation. Financial assistance provided by a Sponsor may consist of cash and/or in-kind contributions. • Donation: A Donation to the County means a person or entity providing the County with financial support or property of a value exceeding the County's payment for such item. A Donation may consist of cash, real property (land) or an in-kind Donation. Donations may be unrestricted or restricted by the Donor. • In -Kind Contributions:A contribution of an item or object other than cash or real property, which would serve a useful purpose in the provision of County services. Examples of in- kind contributions may include equipment, materials or services. • Donor: A company, organization or individual who provides the County, or one of the County departments, an item or service without expectation of significant return or recognition as determined by the County. • Restricted Donation: A Donation made to the County where the Donor has restricted its use to a specified purpose. • Sponsor: A company, organization or individual who provide the County with funding support for a program, activity or facility in the form of a Sponsorship, and who expects recognition in return. • Sponsorship Agreement: A negotiated agreement between the County and a company, organization or individual whereby the County makes a Sponsorship opportunity available and enters into an agreement with a company, organization or individual to pay a fee in cash, products, services or a combination thereof, for recognition rights related to certain identified County owned commercial or marketable assets. A Sponsorship Agreement may permit a limited form of advertising opportunity for a company, organization or individual in exchange for the fee paid to the County, subject to the terms of this Policy and subject to the approval of the County Administrator and the County Attorney. 2 s:\ATTY\Fundraising and Sponsorship Policy • Unrestricted Donations: A Donation made to the County where the Donor has placed no limitation on its use. • Works of Art: Includes, but is not limited to, physical art that may be an integral part of a public site or building, or that may be integrated with the work of other design professionals. Examples of public works of art include sculptures, murals and paintings, earthworks, neon, glass, organic materials, mosaics, photographs, prints, film, any combination of media forma, or hybrids of any media. AUTHORITY: 1. The Director of each Department shall submit to the County Administrator for approval, written Sponsorship, Donation, and/or Fundraising programs to be implemented by Departmental staff. 2. The County Administrator is hereby authorized to approve Sponsorship, Donation and/or Fundraising programs and to issue requests for proposals to engage in similar Donation or Sponsorship solicitation activity. Board of County Commissioners approval is required if any of the following conditions are met: a. A proposed Donation or Sponsorship is of value or term in excess of $50,000.00 (including a fair market valuation of in-kind contributions); b. A proposed Grant of any Donor or Sponsorship recognition rights has a value in excess of $50,000.00; or c. Agreement to name any County property after any individual or entity. 3. The County Administrator may delegate authority to the Department Director to approve a Department's Sponsorship, Donation and/or Fundraising program which delegation may not exceed $50,000.00 unless also approved by the Board of County Commissioners. COUNTY RELATED FOUNDATIONS: County related foundations may only be created to facilitate additional County services and resources through Public -Private Partnerships. The boards of the foundations should be developed by recruiting directors with specific expertise, business connections and fundraising ability. This section is intended to provide guidance to staff to evaluate whether to accept Donations, grants, or other forms of financial or in-kind assistance provided by County related foundations in light of any actual or potential conflict of interest and the appearance of a conflict of interest. 3 s:\ATTY\Fundraising and Sponsorship Policy Guidelines: 1. County related foundations should develop their Donation, Sponsorship, and/or Fundraising policies in consultation with the beneficiary County Department(s) and the County Attorney's Office in order to avoid any actual or potential conflict of interest or the appearance of a conflict of interest under State law. County staff shall ensure that any County related foundations develop conflict of interest policies that are timely and conform to the guidelines as set forth below for development of new Donation, Sponsorship, and/or Fundraising policies for County related foundations. 2. Directors or designees of County Departments that receive assistance from a County related foundation shall conduct, at a minimum, an annual review of the following: a. The membership of the foundation's board to determine whether the addition of a particular person on the board raises an actual or perceived conflict; b. Annual signed statements from each foundation board member and principal officer affirming that such person has received, read, understands and agrees to comply with the conflict of interest policy; and c. The foundation's current conflict of interest policy to determine if any material change has been made to the policy that may affect the decision to accept funding or any other benefit from the County related foundation. 3. At a minimum, new Donation, Sponsorship, and/or Fundraising policies developed for County related foundations should set forth the following elements relating to conflict of interest: a. The purpose of the policy; b. Procedures relating to the duty and opportunity of a member of the board or employee to disclose an actual or possible conflict of interest, how the board will determine whether a conflict of interest exists, how a conflict of interest will be addressed, and how violations of the conflict of interest policy will be addressed; c. Annual signed statements from each foundation board member and principal officer affirming that such person has received, read, understands and agrees to comply with the conflict of interest policy; and d. Periodic reviews by the board of the County related foundation and/or outside advisors regarding whether the foundation's written policies, are properly recorded, reflect reasonable investment or payment for goods or services, further 4 s:\ATTY\Fundraising and Sponsorship Policy charitable purposes and do not result in an impermissible private benefit or excess benefit transaction. DEPARTMENT PROCESS: Guidelines: 1. Individual departments shall develop their Donation, Sponsorship, and/or Fundraising programs in consultation with the County Attorney's Office and which shall be approved by the County Administrator. In its simplest form, a Department program may consist of a memorandum to the County Administrator indicating the following: a. Goal of the sponsorship, donation, and/or fundraising activities; b. Timeframe for the program; c. Target audience and method of outreach; and d. Procedure for acceptance and reporting of activities, ensuring internal controls. 2. Where a more elaborate plan is needed, a Department program may set forth: a. The types of Donor or Sponsor recognition that is available for specified value of Donorship or Sponsorship, subject to Board of County Commissioners approval if the value of recognition is more than $50,000.00. b. Specified or maximum sizes and identification of location(s) of any signage in recognition of the Donation or Sponsorship and any restrictions on the text of the recognition signage. 3. The Department staff designated to oversee the Department's Donation, Sponsorship, and/or Fundraising activities will ensure that the proposed Donation, Sponsorship, and/or Fundraising program does not conflict with State law or County policy. Department staff shall also ensure that the County property involved is not subject to restrictions that would limit or prohibit the proposed Donation or Sponsorship. 4. The Department staff accepting items donated to the County will ensure that the items are safe and durable, and meet any applicable County design or quality specifications, standards, and policies. 5. Where applicable, the Department's Donation, Sponsorship, and/or Fundraising program shall set forth the conditions for acceptance of funds. Conditions shall be fair, impartial and shall not discriminate on the basis of race, sex, color, age, religion, sexual orientation, s:\ATTY\Fundraising and Sponsorship Policy actual or perceived gender identity, disability, ethnicity, national origin, or political views of the proposed Donor. 6. Any Department considering acceptance of a Donation or Sponsorship that may impact or affect other Departments shall consult with those Departments prior to acceptance of the proposed Donation or Sponsorship. 7. It shall be the goal of any Departmental Donation, Sponsorship, and/or Fundraising program to find Donors or Sponsors providing a new benefit to the County along with consideration of the quality of product or service to be received by the County. 8. All Donations in cash shall be deposited and recorded with the County Finance Department. 9. Unaccepted Donations will be returned to the Donor. Sponsorship Agreements: After the selection of a Sponsor, as appropriate, the terms of the Sponsorship, including any expectation of a significant return or recognition, shall be set forth in a written Sponsorship Agreement approved as to form by the County Attorney. Costs, Accounting; and Record Keeping: Departments shall maintain records that provide an audit trail for the receipt of all Sponsorships and Donations. Departments shall also comply with the following requirements: 1. All Donations and Sponsorships and the revenue, products, and services received shall be recorded and maintained for at least the expected life of the item or service, or for a specific timeframe that has been established in the Donation Agreement or Sponsorship Agreement. 2. Donations or Sponsorships paid for with a monetary contribution shall not be paid to staff in cash unless approved, in advance, by the Department Director and receipt of cash is properly documented. 3. A record of all Sponsorships and Donations including name, type, contact name if a company, amount, and disposition of Sponsorship shall be kept up-to-date and accurate. 4. Departments shall report any Donations or Sponsorships received by the Department through reports to County Administrator. 6 s:\ATTY\Fundraising and Sponsorship Policy OTHER DONATIONS OR CONTRIBUTIONS: 1. Real Property Contributions. a. Restricted Donations of real property may be offered to the County for specific purposes. The County's Property Acquisitions Manager will review the conditions of the restrictive Donations of real property and determine if the benefits to be derived warrant the acceptance of the Donation. All Donations of title to real estate, no matter how small, require Board of County Commissioners approval after proper investigation and due diligence is conducted by County staff. 2. Works of Art Contributions. a. If a contribution is proposed related to a work of public art.covered by the County's Art in Public Places ordinance, the County's review and acceptance of the proposed contribution of public art shall be conducted in accordance with the County's Art in Public Places ordinance, which shall include the review and recommendation of the St. Lucie County Local Arts Agency and compliance with any policies adopted regarding donations of works of public art. Any time a Donation of a work of art or a contribution towards the acquisition of a work of art that would not ordinarily be covered by the County's Art in Public Places ordinance is proposed for the County, the County Department that operates or maintains the site of the proposed work of art shall submit the proposed Donation to the St. Lucie County Local Arts Agency for the Agency's recommendation regarding acceptance of the proposed Donation of public a rt. DISCLAIMERS: 1. Different forms of contributions to the County present different opportunities and challenges. Therefore, it is not possible to establish blanket guidelines to cover all types of Donation or Sponsorship activity that the County may decide to pursue. 2. Unless expressly stated otherwise, the County does not intend to modify or change the non-public forum status of any County property by providing Donor recognition or Sponsorship recognition on County property. 3. The making of a Donation or Sponsorship to the County will not provide any extra consideration to the Donating or Sponsoring party in relation to any County procurement, any regulatory activities of the County, or other County business. No County employee or other County Official is authorized to offer any such extra consideration to a donating party. 7 s:\ATTY\Fundraising and Sponsorship Policy 4. Any Donation or Sponsorship which, if accepted, would obligate the County to enter into a service or procurement agreement should be reviewed under the County's Purchasing Manual. 5. The County will consider Donations of materials with the understanding that such items have a useful life, and that the County assumes no responsibility for replacement or upkeep. Once a Donation is accepted, it becomes County property and the County may maintain, replace or dispose of the item unless the Donation is explicitly restricted. 6. The County cannot guarantee the tax deductibility of a Donation, but may provide the donating party with a letter of acknowledgement and .a statement of the County's intended use. 7. The County shall maintain the highest standard of ethics in Fundraising activities. All Donations or Sponsorships must directly enhance the County'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 County employee. 8. County employees who have primary responsibility for the procurement of services, supplies, materials and equipment or public works should not engage in solicitation of Donations or Sponsorships. 9. County employees may only solicit Donations or Sponsorships pursuant to the individual Department's Donation, Sponsorship, and/or Fundraising programs approved by the County Administrator. County employees working in an enforcement or regulatory County position (i.e. Code Enforcement and Environmental Services) shall not solicit Donations or Sponsorships from the public while they are wearing a County uniform. 10. At any time, a Department, if approved by the County Administrator, or the County Administrator may reject any Donation or Sponsorship offered to the County. 8 s:\ATTY\Fundraising and Sponsorship Policy