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SAN LEANDRO ADMINISTRATIVE CODE TITLE I CITY COUNCIL (1) Donors who wish to give a gift that is not specific to a given department will be re- ferred to the City Manager. (2) In the event the donated item does not have an obvious use by the department to which it has been presented, notice will be circulated to each department director to determine if it can be used elsewhere. The donor will be notified within two weeks as to whether the City is interested in the given item. (3) If the item obviously has no use to the City or would be more effectively used else- where, the donor will be informed immediately and referred to an appropriate agency by the City Manager. (4) Proof of Ownership. If there is question as to the legal owner of the donated item, proof of ownership may be requested. (5) Donors shall be encouraged not to place unrealistic restrictions on donated items that may impede the City's flexibility in determining usefulness. (d) Conditions for Accepting/Rejecting Donations. Staff shall work with the donor to assure that restrictions are reasonable and do not leave the donor with unrealistic expectations re- garding permanency of life of the donation. For example, if a tree is donated it may not be replaced if it dies or becomes diseased or damaged. It is the policy of the City not to accept property that will impose a significant maintenance or operations expense on the City. As applicable, the following are criteria which may be applied in determining if a donation is appropriate for acceptance: (1) The use of item(s)must be consistent with existing City policy. (2) Restrictions placed upon the use and/or disposition of the item must be practical to accept. (3) Required accounting of the item(s)must not be excessively burdensome. (4) Maintenance must not be excessive and/or maintenance support must be available. (5) Does use of the item(s) require the purchase of additional item(s)to be useful? (6) Acceptance of the item must not present a conflict of interest for the City or its em- ployees. Regardless of the value of the donation, if the donor is a person or entity doing business with the City, a contractor or potential contractor, or there is reason to believe there may be a conflict of interest, the City Manager will determine if the gift should be accepted, rejected or submitted to the City Council for approval. Department Responsible for Revision: City Manager Chapter 19 06/20/2005 Page 2