The donation agreement is an agreement between the donor and the District government verifying that the donation is being donated freely without the donor expecting any special treatment by the government. The agreement also confirms that all parties have read and understand the Rules of Conduct Governing Donations to the District Government (see appendix). The Donation Agreement is required for each donation made to the District government.
The agreement contains language with the description, purpose, use and value of the donation. It also includes the following declaration:
- The donation is consistent with the applicant agency’s authorized functions and purposes (as supported in the OAG legal sufficiency review);
- The donor is not aware of any transactions or litigation pending before an agency or the District government involving the donor that may create a conflict of interest;
- The District of Columbia government acknowledges that systems are in place for the donation to be accepted by the government and the use of the donation may be properly tracked as required by section 115 of the District of Columbia Appropriations Act, 2003; and,
- The applicant agrees to use the donation for the particular purpose authorized by the legal sufficiency review.
The Donation Agreement must be signed by the Donor, an authorized representative for the recipient agency, and the Director of OPGS or the Director’s designee. Note that the recipient agency is responsible for obtaining the donor’s signature. In addition, note that that OPGS is the last party to sign and execute the agreement, without the Director of OPGS’ signature or the Director’s designee’s signature, the Donation Agreement is not executed. Once all three parties sign the agreement, the applicant may accept the requested donation from the Donor. In cases where the applicant has authority to solicit and accept multiple donations for an event, each donor must sign an agreement. The donation agreement template is pictured below:
Donation Agreement Template