OAR 736-002-0015: Working with Donor Organizations

Authority and Purpose (1) Oregon Laws 2013, chapter 299, section 2 authorizes the director of the Oregon State Parks and Recreation Department to enter into agreements with private, nonprofit organizations by which the organizations shall solicit gifts, grants and donations for the benefit of the department or donate goods and services to the department. (2) The purpose of these rules is to provide procedures for soliciting and accepting proposals, reaching agreements, depositing funds, evaluating agreements and renewing or dissolving agreements. Definitions (3) As used in these rules and forms to be prepared by the Oregon Parks and Recreation Department, the following definitions apply: (a) “Agreement” means a written agreement entered into between a donor organization and the department for the purposes identified in Oregon Laws 2013, chapter 299, section 2, subsection 1. (b) "Department" means the Oregon Parks and Recreation Department or its staff. (c) "Director" means the director of the Oregon Parks and Recreation Department. (d) “Donation” means gifts, grants, cash donations, goods or services. (e) "Donor proposal" means a written proposal submitted by a donor organization in a format as required by the department, and which requests to enter into an agreement with the department according to Oregon Laws 2013, ch. 299, section 2, subsection 1. (f) "Donor organization" or "donor" means a federally tax exempt nonprofit organization registered with the Oregon Secretary of State. Donor Organization Eligibility (4) To be eligible to submit a donor proposal, a private nonprofit organization must: (a) Meet the definition of a donor organization under subsection (3)(e); and (b) Have an organizational mission that is consistent with the department’s mission and strategic priorities. Soliciting and Accepting Donor Proposals (5) The department may request donor proposals as needed or on a biennial basis by posting a notice on the department’s website and on the electronic procurement system the department uses to advertise contracting opportunities. The department may use additional notification means when necessary. (6) To submit an unsolicited donor proposal, eligible donor organizations may contact the director’s office at any time to obtain information on the process for submitting such a proposal, including required forms. (7) The department’s goal is to respond to proposals submitted under sections (5) and (6) within 30 days of receipt. If the department has not responded within such time, the applicant organization may contact the director’s office and inquire about the proposal status. Failure to receive a response from the department shall not be interpreted as department acceptance of a proposal. Evaluating Donor Proposals (8) When evaluating a donor proposal, the department shall consider the following: (a) Whether the proposal furthers the department’s strategic priorities; (b) Whether the proposal will produce financial or public service benefits to the department in excess of the department’s cost to fulfill the agreements; (c) Whether the proposal demonstrates that the donor organization has the ability to successfully carry out the proposed agreement terms; (d) Whether the department can successfully meet its obligations as specified or anticipated by the proposal; and (e) Other factors the department deems appropriate. (9) The department has sole discretion to accept or deny donor proposals. The department will communicate its decisions to applicants in writing. Acceptance of a donor proposal only means that the department will attempt to reach an agreement with the donor organization as provided in sections (10) to (13), and does not otherwise create an obligation on the department. Reaching Agreement (10) The department has 90 days from the date it accepts a donor proposal to negotiate the terms and conditions of an agreement with the selected donor organization. If an agreement is not reached in 90 days, the department may extend the negotiation period at its discretion or may rescind the acceptance. (11) Each agreement must contain provisions that address the following: (a) The agreement scope, dates or general timeframe, and projects to be completed by the donor or the process by which individual projects will be agreed upon and implemented; (b) What the donor organization will provide to the department, the anticipated value and schedule of donations, the manner in which they will be provided, the ownership of each item, if applicable, the records to be kept by the donor organization, and the detail and timing of required reporting concerning the cost of department resources or services made available to donor organizations and the corresponding donations given to the department; (c) What the department will provide to the donor organization, the schedule and cost for any state resources or services anticipated to be provided, and the manner in which the organization will request and the department will provide resources or services. (d) Compliance with the terms of relevant statutes, administrative rules and department requirements, including use of the state seal and the department shield; (e) Representation of the donor organization’s relationship with the department and the requirement that the donor organization must report any political lobbying activities related to the agreement to the department within seven calendar days of undertaking the activity; (f) Provisions for amending, renewing, and terminating the donor agreement; and (g) The right of the department to refuse any donations. (12) All agreements must be in writing and approved by the director or designee in accordance with the department’s authority delegation policy. (13) At least 30 days prior to the director signing an agreement, the department must: (a) Post a notice on the department’s website and on the electronic procurement system the department uses to advertise contracting opportunities announcing the proposed agreement with information about its purpose, content, and a link to its online location. (b) Submit a copy of an executive summary of the content of the proposed agreement to every member of the Legislative Assembly by electronic mail that includes a link to the online location of the proposed agreement; and (c) Submit a copy of the proposed agreement to the Legislative Administrator. Management of Funds (14) The department must deposit all funds received from agreements in subaccounts of the State Parks and Recreation Department Fund as established by ORS 390.134. Monitoring and Evaluating Agreements (15) The department must monitor agreements while in progress to determine whether they are properly executed and remain beneficial to the department. (16) Within the 60 day period prior to the expiration of an agreement, the department must determine whether: (a) The agreement delivered the benefits outlined; (b) The donor organization complied with the agreement terms and conditions; (c) The benefits received provided significant value to the department relative to the costs of the state resources or services expended to secure the benefits; (d) The department was able to fulfill its obligations under the terms of the agreement; and (e) The department would consider new agreements with the same donor organization in the future. Ending or Renewing Agreements (17) During the course of an agreement, each party may terminate the agreement at any time without cause by providing 30 days written notice to the other party. (18) Prior to the expiration of an agreement, the department may consider two options based on the results of the agreement evaluation in section (16): (a) Allow the agreement to expire; or (b) Renew the agreement by extending or altering the existing agreement scope, conditions and terms, subject to the notice requirements in section (13).