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HomeMy WebLinkAbout03/06/2007, C3 - ACCEPTANCE OF DONATION FROM SPORTS AUTHORITY FOR RENOVATIONS TO STOCKTON FIELD council 7 j acenoa Repout CITY O F SAN LUIS O B I S P O FROM: Betsy Kiser, Director of Parks &Recreation Prepared By: Linda Fitzgerald, Recreation Manager SUBJECT: ACCEPTANCE OF DONATION FROM SPORTS AUTHORITY FOR RENOVATIONS TO STOCKTON FIELD CAO RECOMMENDATION Accept the donation of$22,500 from the Sports Authority to cover the cost of a new scoreboard and backstop at Stockton Field and authorize the Mayor to sign the agreement. DISCUSSION As a part of a major city goal to expand use of sports facilities in the community, Stockton Field, in Sinsheimer Park, is being converted from a softball field to a baseball field this spring. San Luis Obispo Cal Ripken/Babe Ruth Baseball has taken the lead to accomplish the work as a volunteer project. To date, the outfield fence has been replaced, irrigation lines were moved, warning tracks along the fence line have been added, and the infield has been expanded and re- graded. The Sports Authority, a new business coming into San Luis Obispo, approached the City with a request to support a community project that could be completed before their April grand opening. A number of project ideas were provided to Sports Authority and ultimately, its management team selected projects associated with the conversion of Stockton Field. Working with City staff and Cal Ripken/Babe Ruth Baseball, Sports Authority elected to add an electronic scoreboard and replace the backstop. In return, Sports Authority has requested that their name be added to the scoreboard and the backstop in recognition of their donation. The City's Donation Policy requires any donation exceeding $5,000 in value to be accepted through a written agreement consistent with the guidelines and approved by City Council (see Attachment 1 —Donation Policy and Attachment 2—Donor Agreement). FISCAL IMPACT There is no fiscal impact anticipated as this is a donation to the City. ALTERNATIVES Denial of the donation from Sports Authority would place the burden back onto Cal Ripken/Babe Ruth Baseball to complete the work on the backstop and likely would result in the facility not having a scoreboard until such time.that funds to purchase one would be available. Council Agenda Report—Donation from Sports Authority Page 2 ATTACHMENTS 1. Donation Policy 2. Donor Agreement and Letter of Intent from Sports Authority C3 -z CMocuments and Settings\sstanwycU-ocal Settings\Temponuy Internet Files\OLK25\CAR-Sporn Authority Donation.doc • *ATTACHMENT ' Section 760 DONATION POLICY RESOLUTION NO.$965(1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CITY DONATION ACCEPTANCE POLICY WHEREAS, individuals, community groups, and businesses may wish to make donations to the City in either cash or in-kind contributions that enhance projects, facilities, and programs; and WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to fund all such needed projects; and WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to enhance City programs and/or facilities to provide a higher level of service to the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following policy concerning the acceptance of donations: 1. The donation must have a purpose consistent with City goals and objectives 2. The City may decline any donation without comment or cause. 3. The donation will not be in conflict with any provision of the law. 4. The donation will be aesthetically acceptable to the City. S. The donation will not add to the City's workload unless it provides a net benefit to the City. 6. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted 7. The donation places no restriction on the City,unless agreed to by the City Council. 8. The donation shall become property of the City. 9. All donations will receive recognition appropriate to the level and nage of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking, or naming. Any naming of Parks and Recreation facilities shall be consistent with City policy on the naming of such facilities as set forth in Resolution 8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising shall be avoided. 10.Donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council. In-ldnd capital donations will be subject to normal City review,permitting,inspection,and insurance requirements. Upon motion of Council Member Marx seconded by Council Member Ewan, and on the 745-1 e 3 -v • • ATTACHTAEK '^ Donation Policy Resolution No. 8965 (1999 Series) Page 2 following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7th day of September, 1999. Mayor Alien Settle ATTEST: r 1 Lee Price,City Clerk APPROVED AS TO FORM: le 7P '01=PK CjY Attorney 745-2 3 - y • 0 ATT ?EK� . e q; 4 ,, 04*0 DONOR AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day of by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as"City", and TSA STORES, INC.,hereinafter referred to as"Donor". WITNESSETH: WHEREAS, Sports Authority desires to donate $22,500 to go towards purchase and installation of a new scoreboard and backstop at Stockton Field,located in Sinsheimer Park,(hereinafter referred to as"Donation"); and WHEREAS, acceptance of the Donation is consistent with City Policy as set forth in Resolution No. 8965 (1999 Series). NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained,the parties hereto agree as follows: I. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of the Donation. 2. DONOR'S OBLIGATION: Donor shall perform as follows: • Provide funding towards the purchase and installation of a scoreboard and backstop at Stockton Field .. • Donor agrees with City to provide funds as set forth in Exhibit A attached hereto and incorporated into this agreement. 3. CITY OBLIGATION: City shall perform as follows: • Coordinate with San Luis Obispo Cal Ripken/Babe Ruth Baseball to purchase and install the scoreboard and backstop 4. USE OF FUNDS: City shall use the Donation and all proceeds for use towards the purchase and installation of the scoreboard and backstop. In the event that such use becomes impossible or impractical for any reason, then City shall consult with Donor with a view to agreeing on an alternative use of the Donation; provided, however, that Donor shall in no event have any rights with respect to the Donation or proceeds thereof which would prevent City from freely and effectively employing the Donation in furtherance of its exempt purposes within the meaning of Section 1.507-2(a)(8) of the income tax regulations. Under no circumstance shall the Donation or any part of it revert to Donor. The Donor acknowledges and understands that upon acceptance of the Donation by City, e's —� C.Won onems and Saimp l+xmnu.rrlLot'n(SellingslT+npornn'haemel FdesIOLK251 Uwan ugrenncur-spores amGorin•.dm ATTI'AC H N1 ANT Iia,Asa.,.cr.z PASt Z the Donation shall become the property of City. The City retains the right to use the donation in its sole discretion as the interest of the public welfare, health and safety may require. 5. RECOGNITION: The Donor shall be recognized in the following manner: a) City shall also install a sign at Stockton Field containing such name of Donor on the scoreboard and backstop and shall use its best efforts to insure that the Sports Authority is referred to by such name. b) Dedication of scoreboard and backstop: At such time as the renovation is completed, City shall hold a ceremony at which Donor and members of the organization shall receive appropriate recognition. 6. TAX STATUS OF CITY: City hereby confirms that City is an organization described in Section 501( c)(3) and 170(b)(1)(A)(v) of the Internal Revenue Code, to which contribution are deductible for Federal income tax purposes to the extent provided in Section 170 and all other applicable section of the Code. Donor acknowledges and understands that he/she should consult with his or her tax consultant as to the deductibility of the Donation for Federal income tax purposes. 7. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding upon the parties hereto. 8. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shalt be effective only upon approval by the City Administrative Officer of the City. 9. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Donor TSA Stores, Inc. 1050 W. Hampden Ave. Englewood,CO 80110 q ACHNIEN 10. AUTHORITY TO EXECUTE AGREEMENT. Both City and Donor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO, A Municipal Corporation By: Audrey Hooper,City Clerk Mayor, David F. Romero APPROVED AS TO FORM: DONOR—TSA STORES, INC.: By. a2ow�ZII,City Attorney Heceivea: 2/ 6/07 10:53AM; 7204752969 -� SLO Parks & Recreataon; Page 2 02/06/2007 11:28 7204752969 O SPORTS AUTHORITY • PAGE 02 r ` SFORIN AUTHORITY Betsy Kiser 1.341 Nipomo St. San Luis Obispo,CA 93401 Dear Ms. Kiser, This letter is to inform the City of San Luis Obispo of Sports Authority's intention to donate money to the city. Sports Authority would like to donate$22,500 to the city of San Luis Obispo to help cover the cost of a new scoreboard and back stop for Stockton Field. We will work with Betsy Kiser and Linda Fitzgerald of the City of San Luis Obispo and with Dan Sutton of the Babe Ruth and Cal Ripken Baseball to make this a reality for the upcoming Spring 07 season. Betsy and Dan have informed us that suitable scoreboard would cost about$15,000 and a new backstop would cost about$7,500. These two amounts add up to our donation. With Betsy and Dan's assistance,a fixed Sports Authority sign would be positioned appropriately on the scoreboard and backstop at Stockton Field. We would like our request to donate be approved during February 07. This will allow enough time to buy the items and install them before the end of April 07. Regards, l Kent Miller Group Manager of Media and PR .� -'