HomeMy WebLinkAbout01-23-17 CC Mtg - C3. Recognition Statement for Sports ParkDonor and Partner Recognition Statement – Bozeman Sports Park
Bozeman City Commission – January 23, 2017
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Carolyn Poissant – TOP Design and Development Manager
Mitch Overton – Director of Parks and Recreation
SUBJECT: Donor and Partner Recognition Statement for Bozeman Sports Park
MEETING DATE: January 23, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve the Donor Recognition Statement for the Bozeman Sports
Park and authorize the City Manager to sign the Statement
BACKGROUND: Resolution No. 4521 approved the allocation of Trails, Open Space and
Parks (“TOP”) bond funding in an amount not to exceed $7,500,000 for the acquisition of park
land and development of the Bozeman Sports Park (“Sports Park Project”) and called for the
City to enter into a binding agreement with the Bozeman Sports Parks Foundation
(“Foundation”) for the required $976,100 cash and / or in-kind match for the TOP project. The
Agreement with the Foundation was approved by the Commission on February 23, 2015, and
amended on July 11, 2016, extending the deadline for the Foundation to make its financial
contribution available to the City until June 30, 2017.
The Foundation has conducted a donor feasibility analysis and has made significant progress in
identifying potential major contributors to the Sports Park Project. To date, the Foundation has
contributed in-kind services for conceptual design and a topographic survey. The Foundation has
also notified the City of verbal commitments from two local businesses to contribute up to
$205,000 in cash and in-kind donations, and they are currently soliciting larger grants and
donations from area foundations that would likely exceed the required match.
In order to facilitate the solicitation of such grants and donations, the attached Donor
Recognition Statement (Attachment A) memorializes an understanding between the City and The
Bozeman Sports Park Foundation regarding various aspects of donor and partner recognition
pertaining to the Sports Park project, including:
1. Recognition of the Foundation and the City
2. Logos
3. Accepting Naming Gifts
4. Changed Circumstances, Re-naming, and Removing Names
5. Standards
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Donor and Partner Recognition Statement – Bozeman Sports Park
Bozeman City Commission – January 23, 2017
6. Donor Recognition Levels
7. Application and Modification
The Recreation and Parks Advisory Board approved (with a vote of 9 in favor, 1 against) the
Donor and Partner Recognition Statement for the Bozeman Sports Park at their regular meeting
on January 12, 2017, with the following motion, as amended: “Having considered all information
presented to date, I hereby recommend that the Commission approve the Donor and Partner Recognition
Statement for the Bozeman Sports Park, provided herein as Attachment A, with an added provision to
address renewal levels and longevity.” The discussion surrounding the amendment focused on requiring
donors to pay an additional amount after a given time period, or removing a name to allow other
donations to be sought. Staff explained that we are in the early development phase of the park and it does
not seem appropriate to put too many additional requirements on initial gifts to the Sports Park
Foundation. There are provisions in the Statement for the removal of a donor name:
4. Changed Circumstances, Re-Naming, Removing Names
Once named in recognition of a donor, features of the Sports Park will retain that name
indefinitely unless and until such time as there is a substantial change in circumstances, such as
the removal of the named feature from the Sports Park. In such cases, the donor will receive
appropriate continued name recognition in connection with another comparable feature of the
Sports Park, as jointly determined by BSPF and the City, in the spirit of the donor’s original gift.
BSPF will make every reasonable effort to notify donors in these instances.
BSPF and the City reserve the right to refuse requests by a donor to change the name of or on a
Sports Park feature once the name is in place. For any name change requests by a donor to be
undertaken, the donor must pay all costs related to executing the requested name change.
Naming opportunities shall be limited to the name of individuals or entities that exemplify the
attributes of integrity and character consistent with the highest values of BSPF and the City. The
City and BSPF may jointly agree to remove a donor’s or honoree’s name at any time if these
values are not met.
Staff has revised the Statement (Attachment A) to add the following in order to address the Recreation
and Parks Advisory Board’s concerns:
Added under 3. Accepting Naming Gifts:
Recognition of donors not approved for naming of a facility or feature, i.e., where the donation
does not cover a significant enough portion of the cost, will be recognized in an appropriate
fashion, e.g. on a plaque with a list of other donors.
Added under 6. Donor Recognition Features:
• Sports Park (naming must be approved by City Commission)
Phase I of construction of the Sports Park Project will begin this spring. Approval of the Donor
and Partner Recognition Statement will help recognize and confirm donations and grants
obtained by the Foundation, which will allow additional sitework and field construction to occur
in a timely fashion.
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Donor and Partner Recognition Statement – Bozeman Sports Park
Bozeman City Commission – January 23, 2017
UNRESOLVED ISSUES: None.
ALTERNATIVES: As Directed by Commission.
FISCAL EFFECTS: Approval of the Donor and Partner Recognition Statement provides
additional procedural support for the Foundation’s fundraising efforts to meet the terms of the
Agreement with the City.
ATTACHMENTS: Attachment A - Donor and Partner Recognition Statement for the Bozeman
Sports Park
Report compiled on: January 13, 2017
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Attachment A
Bozeman Sports Park
Donor and Partner Recognition Statement
The Bozeman Sports Park (“Sports Park”) is an is an 80-acre, multi-use, field sports complex and
community park located in northwestern Bozeman and is designed to meet the current and
future needs of the residents of Bozeman (“City”) and the greater Gallatin Valley. The Sports
Park is being developed jointly by the Bozeman Sports Parks Foundation (“BSPF”) and the City
of Bozeman (“City”). The Sports Park will be owned by the City and, as such, is subject to the
rules, regulations, policies, and processes of the City.
BSPF is an independent nonprofit organization that is exempt from taxation under Section
501(c)(3) of the Internal Revenue Code and is a publicly supported charity. BSPF seeks and
secures private philanthropic support of the design, construction and operation of the Sports
Park. BSPF has undertaken a fundraising campaign (“Campaign”), inclusive of providing
professional services to manage said Campaign, to secure privately-raised funds to supplement
the City’s Trails, Open Space and Park bond monies.
BSPF and the City (collectively, the “Parties”) have entered into an Agreement, dated February
23, 2015, that defines the public-private partnership between the City and BSPF and outlines
the current and future responsibilities of each party.
The Parties agree that donor recognition at the Sports Park is intended to reflect the
comprehensive and invested community input that has created the Sports Park. BSPF and the
City will be positioned as the key partners in the Sports Park, with other financial supporters of
the Sports Park receiving appropriate recognition as described in this Statement.
This statement summarizes the guidelines and procedures that BSPF and the City have agreed
to for recognizing donors at the Sports Park.
1. Recognition
The following types of recognition shall be included in the Sports Park:
• BSPF and the City – BSPF and the City shall be recognized for their roles as the co-
lead developers of the Sports Park, including mention in appropriate print materials
and on-site signage. BPSF’s logo or logotype will be included with the City’s logo on
all appropriate recognition, information, and/or interpretation signage at the Sports
Park.
• Individual Recognition – Individuals and entities may be individually recognized on
several key features within the Sports Park as set forth in Section 7 herein.
• Joint Recognition – Donors whose contributions do not qualify for individual
recognition level may be recognized in a joint recognition feature located within the
Sports Park and consistent with the master plan.
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2. Logos
No corporate logos, brands, insignias, or direct advertising text may be used as part of
any name association or naming opportunity feature at the Sports Park except for BSPF and the
City as provided above. At the joint discretion of the City and BSPF, the financial or other
support of non-corporate organizations and entities may be acknowledged with logos or
logotype on select information, such as brochures, signage, and associated materials at the
Sports Park.
3. Accepting Naming Gifts
All gifts solicited and received by BSPF for the Sports Park that are eligible for a naming
opportunity at the Sports Park must meet the requirements of BSPF’s Gift Acceptance Policy, a
copy of which is attached to this Statement (Attachment A) and hereby incorporated by this
reference, as well as the provisions of this Statement. Any gift offered to and accepted by BPSF
which qualifies for, and is explicitly identified as being made in anticipation of a naming
opportunity must be approved by the City and memorialized in a written agreement signed by
the donor and BSPF. Recognition of donors not approved for naming of a facility or feature, i.e.,
where the donation does not cover a significant enough portion of the cost, will be recognized
in an appropriate fashion, e.g. on a plaque with a list of other donors.
4. Changed Circumstances, Re-Naming, Removing Names
Once named in recognition of a donor, features of the Sports Park will retain that name
indefinitely unless and until such time as there is a substantial change in circumstances, such as
the removal of the named feature from the Sports Park. In such cases, the donor will receive
appropriate continued name recognition in connection with another comparable feature of the
Sports Park, as jointly determined by BSPF and the City, in the spirit of the donor’s original gift.
BSPF will make every reasonable effort to notify donors in these instances.
BSPF and the City reserve the right to refuse requests by a donor to change the name of
or on a Sports Park feature once the name is in place. For any name change requests by a donor
to be undertaken, the donor must pay all costs related to executing the requested name
change.
Naming opportunities shall be limited to the name of individuals or entities that
exemplify the attributes of integrity and character consistent with the highest values of BSPF
and the City. The City and BSPF may jointly agree to remove a donor’s or honoree’s name at any
time if these values are not met.
5. Standards
The form of donor recognition shall be of similar style, design, form and materials to
those depicted in Attachment B, which are included as a general suggestion only and is not
intended to be binding on the Parties. BSPF shall provide the City with original artwork and
fabrication specifications for all donor recognition features for City approval.
The standards for donor recognition for design, materials, placement, and installation
shall be consistent with the Sports Park master plan and shall: (i) be consistent with other
signage and the design of the Sports Park in general; (ii) complement the surroundings of the
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Sports Park and the design, prevailing purpose and use of the Sports Park, as well as community
appeal; (iii) ensure that donor recognition signage is placed in a prominent location near the
applicable structure or feature; (iv) and ensure that donor recognition features do not interfere
with the use, enjoyment, or aesthetics of the Sports Park. Materials used in donor recognition
features shall be of high quality, vandalism resistant, and able to withstand harsh
environments.
The selected name of any structure or feature shall appear in all officially-produced
maps or representations of the Sports Park, in press releases, public announcements, or other
publicity that refer to the applicable named structure or feature. The City will maintain all such
signage and will replace or repair signage damaged or destroyed by vandalism or through
natural causes such as floods, fires, or other weather-related damage provided that all
specifications and materials for such signage have been provided by BSPF and such
replacement is feasible and within city budget allowances. Donor recognition features shall be
designed and installed along with the construction of the Sports Park and shall be paid for with
funds being provided by BSPF for the design and construction of the Sports Park. All donor
recognition features shall be the property of the City, and the maintenance, upkeep, and
replacement of such features shall be the responsibility of the City, as indicated above.
6. Donor Recognition Features
The following list represents the expected donor recognition features at the Sports Park.
This list reflects only known features at the time of this Statement and is subject to change by
mutual agreement of BSPF and the City. The Parties reserve the right to add additional features,
or modify those offered, consistent with the master plan.
• Sports Park (naming must be approved by City Commission)
• Entrance plaza
• Concessions and restroom buildings
• Individual fields
• Championship field
• Central playground
• Peripheral play structures / play elements
• Scoreboards
• Paved pathways
• Central picnic pavilion
• Individual shade/picnic structures
• Dog park
• Boulder climbing feature
• Splash pad / interactive water feature
• Additional park features of the Sports Park master plan
7. Donor Recognition Levels
Specific donor recognition features shall be available. Donors who make significant
contributions to the project will be provided with donor recognition choices by BSPF according
to the order in which gifts were received or pledged.
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8. Application & Modification
This Statement shall apply only to the Sports Park and is in no way intended to be, nor
shall it be construed to be, controlling upon any other City-owned property, park, place or
amenity. This Statement may be amended in whole or in part only through the written
agreement of BSPF and the City. For all actions requiring City consent, approval or concurrence
under this Statement, such consent, approval or concurrence may be given by the Director of
the City of Bozeman Department of Parks and Recreation.
By signing below, BSPF and the City acknowledge and confirm that this Statement reflects their
joint understanding and agreement with regard to the handling of donor recognition of
features at the Sports Park.
BOZEMAN SPORTS PARKS FOUNDATION CITY OF BOZEMAN
By: By:
Title: Title:
Date: Date:
Approved as to form:
City Attorney
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EXHIBIT A
BOZEMAN SPORTS PARKS FOUNDATION, INC.
Gift Acceptance Policy
(for information purposes only – not a city policy)
ARTICLE I – INTENT & PURPOSE
Section 1.0 – Intent. The Bozeman Sports Parks Foundation, Inc. (“Foundation”), a nonprofit
corporation1
organized under the laws of the State of Montana encourages the solicitation and
acceptance of charitable gifts and other contributions to the Foundation to further its ability to
fulfill its mission. In addition, the Foundation intends to recognize every donor to the extent of
the individual donor’s wishes, the provisions of this policy, and applicable laws and regulations.
Section 1.1 – Purpose. The following policies and guidelines govern acceptance of gifts made in
support of the Foundation and to establish criteria, guidelines, and procedures for publicly
recognizing donors.
ARTICLE II – GIFT ACCEPTANCE, ACKNOWLEDGMENT
Section 2.0 – Types of Gifts. The following gifts are acceptable, subject to the described criteria:
2.0.1 Cash, checks, and cash equivalent – Cash is acceptable in any form. Checks shall
be made payable to one or more fiscal sponsor (if any) and shall be delivered to
Bozeman Sports Parks Foundation, Inc., PO Box 1123, Bozeman, MT 59771 for
acknowledgement and record-keeping purposes. Delivery will then be made to the
applicable fiscal sponsor (if any) for proper receipting.
2.0.2 Securities – The Foundation, through its fiscal sponsor (if any), may accept
publicly traded securities. As a general rule, all marketable securities will be sold upon
receipt unless otherwise directed by the Board. The Foundation will consider gifts of
closely held securities and shall review said gifts prior to acceptance to ensure there are
no restrictions/hindrances to sale and that said sale will not generate undesirable tax
consequences for the Foundation, or its fiscal sponsor (if any).
2.0.3 Life insurance policies – Life insurance policies may be accepted if acceptance
does not create a liability for the Foundation, or its fiscal sponsor (if any), and the policy
can be converted into cash. Prior to transferring the life insurance policy, the
Foundation must be the named beneficiary of the policy.
1 The Bozeman Sports Parks Foundation, Inc. is in the process of applying for tax-exempt status under the Internal
Revenue Code.
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2.0.4 Gifts in kind – Gifts of tangible personal property, business property or
inventory, services, and other forms of in-kind contributions may be accepted by the
Foundation, or the fiscal sponsor (if any), if the gift asset or service furthers the
Foundation’s mission or programs. All gifts in kind require the following: (1) review and
approval by the board prior to acceptance; (2) an independent appraisal (if necessary);
(3) a defined use for the gifted asset or a plan to sell the asset within 6 months of
receipt; (4) and a clear calculation of the costs associated with accepting and owning the
property during the holding period. Gifts in kind must not subject the Foundation to a
financial obligation or other liability.
2.0.5 Bargain sales – The Foundation may enter into a bargain sale arrangement if the
sale furthers the Foundation’s mission and programs. All bargain sales require review
and approval by the Board, an independent appraisal, a defined use for the property or
a plan to sell the property within 6 months of receipt, and a clear calculation of the costs
associated with owning the property during the holding period. The Foundation should
not approve bargain sales that result in the Foundation assuming a debt obligation.
2.0.6 Bequests – The Foundation shall encourage its supporters to name the
Foundation, or its fiscal sponsor (if any), as a beneficiary of a gift under an individual’s
will or living trust.
2.0.7 Beneficiary designations – The Foundation shall encourage its supporters to
name the Foundation, or its fiscal sponsor (if any), as beneficiary or contingent
beneficiary of life insurance policies, retirement accounts, bank and savings accounts,
investment accounts, and any other similar account.
Section 2.1 – Gift Acceptance Authority. The Foundation’s Board of Directors shall have
authority to accept or decline any gift offered. Gifts may be accepted or declined for any
reason, or no reason at all, in the sole discretion of the Board. However, gifts shall be declined if
they create a conflict of interest, are contrary to or in conflict with the Foundation’s stated
purpose or mission, or otherwise undermine the Foundation’s ability to fulfill its purpose. Gifts
that must be accepted by a fiscal sponsor shall be subject to the policies of the fiscal sponsor.
Section 2.2 – Valuation of Gifts. The Foundation shall bear the responsibility for valuing gifts for
purposes of the Foundation’s financial reporting requirements. Gift values shall be determined
based upon the date of the gift.
Section 2.3 – Use of Professional Advisor, Legal Counsel. The Foundation may utilize one or
more professional advisor and/or legal counsel in matters relating to this policy when
appropriate. Review by counsel is recommended for:
• Real estate gifts;
• Closely held stock transfers that are subject to buy-sell agreements;
• Gifts that name the Foundation as Trustee;
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• Gifts that involve a contract to which the Foundation is a party;
• Gifts that require the Foundation to assume an obligation;
• Transactions with the appearance of conflict of interest; and
• Any other gift or transaction that, in the discretion of the Board, warrants professional
and/or legal counsel.
Section 2.4 – Costs of Gifts; Responsibility and Allocation.
2.4.1 Transfer, Holding Costs. Whenever possible, costs associated with the transfer
of the gift and the Foundation’s ownership/holding of the gift should be the
responsibility of the donor.
2.4.2 Appraisals, Legal Fees. It shall be the responsibility of the donor to secure an
appraisal (if necessary) and independent legal counsel for all gifts made to the
Foundation. The donor shall be responsible for any fees related to the appraisal and
legal counsel described in this section.
Section 2.5 – Gift Acknowledgment, Reporting. The Foundation shall bear responsibility for
properly acknowledging, recording, and reporting all gifts made to or in support of the
Foundation. In doing so, the Foundation shall adhere to all applicable IRS regulations, as well as
the standards set forth in IRS Publication 561 (Determining the Value of Donated Property) and
IRS Publication 526 (Charitable Contributions), as amended.
Section 2.6 – Reporting Responsibility, Generally. The Foundation shall bear responsibility for
properly acknowledging, recording, and reporting of gifts made to or in support of the
Foundation.
ARTICLE III – DONOR RECOGNITION
Section 3.0 – Recognition, Generally. All donors to or in support of the Foundation shall be
recognized in a manner appropriate to the purpose of the gift and level of support.
Section 3.1 – Recognition At/On Public Property. Recognition of donors on public property
shall follow the procedures and protocols approved by the City of Bozeman.
Section 3.2 – Donor Lists, Donor Rolls. In addition to any other public recognition, the
Foundation shall recognize all donors in an annual list of donors. The format for said list (i.e.
alphabetical, gift value, etc.) shall be in the discretion of the Board.
Section 3.3 – Confidentiality. Donors may request in writing that their name remain
confidential and such requests shall be honored to the fullest extent of the law or as is practical.
Gifts from donors wishing to remain confidential shall be listed as “Anonymous” in donor lists,
donor rolls, and in other forms of public recognition.
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ARTICLE V – APPLICATION, MODIFICATION
Section 5.0 – Application of Policy. This policy shall apply to all gifts received by the Foundation
or received by another organization in support of the Foundation.
Section 5.1 – Modification, Amendment. This policy may be amended in whole or in part upon
the affirmative vote of a majority of the voting members of the Board.
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EXHIBIT B
DRAFT SIGNAGE STANDARDS
Sample Field Signage
Donor Recognition
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