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HomeMy WebLinkAbout17- Donor and Partner Recognition Statement - Bozeman Sports Park Foundation - Bozeman Sports Park DonorsBozeman 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. PARTNER AND DONOR RECOGNITION STATEMENT Page 1 of 10 Bozeman Sports Park 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 PARTNER AND DONOR RECOGNITION STATEMENT Page 2 of 10 Bozeman Sports Park 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. PARTNER AND DONOR RECOGNITION STATEMENT Page 3 of 10 Bozeman Sports Park 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 By: Title: Aor l p— , Date: �i. 113 1 1-7 PARTNER AND DONOR RECOGNITION STATEMENT Bozeman Sports Park CITY OOFBOZEM� AN By: &i.& / t IJv-,- 7(�.� ` � Title: orr v �4vlo q ei Date: _ Z — 13 -17 Page 4 of 10 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 corporation' 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 11— 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. ' The Bozeman Sports Parks Foundation, Inc. is in the process of applying for tax-exempt status under the Internal Revenue Code. PARTNER AND DONOR RECOGNITION STATEMENT Page 5 of 10 Bozeman Sports Park 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; PARTNER AND DONOR RECOGNITION STATEMENT Page 6 of 10 Bozeman Sports Park f 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. PARTNER AND DONOR RECOGNITION STATEMENT Page 7 of 10 Bozeman Sports Park 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. PARTNER AND DONOR RECOGNITION STATEMENT Page 8 of 10 Bozeman Sports Park EXHIBIT B DRAFT SIGNAGE STANDARDS Sample Field Signage Donor Recognition PARTNER AND DONOR RECOGNITION STATEMENT Page 9 of 10 Bozeman Sports Park m 0 rD Ln -0 0 z m z 0 z 0 m 0 G) z Z� 0 z rD O 0 O S;PORTS COMPLEX V,�k,t�wding Kt.,.,f=. pur-:t li