Loading...
HomeMy WebLinkAbout20- BSF cash in lieu DocuSign Envelope ID: B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC GRANT AGREEMENT BRIDGER SKI FOUNDATION THIS AGREEMENT is made and entered into this 15 day of December, 2020 by and between the City of Bozeman, Montana, a self-governing municipal corporation located at 121 N. Rouse Ave., Bozeman MT 59771 ("City") as GRANTOR and Bridger Ski Foundation, a nonprofit Montana corporation with a mailing address of P.O. Box 1243, Bozeman MT ("BSF") as GRANTEE. BSF and the City may also hereafter be referred to as "Parties". WHEREAS, on October 17, 2005 the Bozeman City Commission adopted Resolution No. 3866 establishing policies for the granting of funds from the City of Bozeman to a requesting entity; and WHEREAS, on May 18, 2020 the City Commission approved a license agreement between the Parties for construction, maintenance and operation of improvements on property owned by the City, recorded with the Gallatin County Clerk and Recorder as document number 2687829 ("License"); and WHEREAS, Section 38.420.030.E., BMC establishes criteria for the use of cash-in-lieu of parkland (CILP); and WHEREAS, the Parks and Recreation Department has established requirements and procedures for submittal and review of CILP applications; and WHEREAS, GRANTEE submitted a proposal to the City Commission for a grant of$150,000 for reimbursement of certain expenses for constructing and installing snowmaking equipment at Sunset Hills Cemetery Open Space (the "Project"); and WHEREAS, on October 27, 2020, the Commission approved the grant request. THE PARTIES AGREE: 1. The Grant. The City will grant and release to GRANTEE a sum of up to one hundred fifty thousand dollars ($150,000) from its Park Land Trust Fund (the "Grant") pursuant to the payment terms in Section 4. 2. Use of Grant Funds. Grant funds in the amount of up to one hundred fifty thousand dollars ($150,000) will be used by GRANTEE for the sole purpose of reimbursing Project expenses incurred by GRANTEE, as described in the proposal submitted by GRANTEE to the City Commission, attached hereto as Exhibit A and by this reference incorporated herein. FY 2021 Grant Agreement—Bridger Ski Foundation Page 1 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC 3. Term. The term of this Agreement will commence on the Effective Date and expire on June 30, 2021 unless earlier terminated as provided herein. 4. Payment of Grant Funds a. Payment of Grant funds is contingent on GRANTEE'S compliance with the approved site plan, application 19214. b. GRANTEE may request the Grant funds as reimbursement of City approved Project expenses paid by GRANTEE. A request for Grant funds must be submitted in writing with proof of expenses paid. Acceptable forms of proof of payment shall be as determined in the sole discretion of the City's Director of Finance. c. GRANTEE may not request the Grant funds as reimbursement for funds provided by another entity or fundraised through its own programs d. Any funds from the Grant not requested during the fiscal year ending June 30, 2021 will remain in the City's Park Land Trust Fund and will be available for other appropriation. e. The City will have no obligation to pay any Grant funds unless at the time of the reimbursement request (i) all of GRANTEE's representations as set forth in Section 5 are true and correct, and (ii) GRANTEE is not in breach of any term of this Agreement. If any of the above conditions are not satisfied in the determination of the City, the City shall have no obligation to pay any Grant funds and the City's determination to refrain from paying, or its inability to pay, any Grant funds shall not be or result in a default of this Agreement. 5. Grantee's Representations a. GRANTEE has familiarized itself with the nature and extent of this Agreement and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect GRANTEE's performance under this Agreement. b. GRANTEE represents and warrants to City that they have the experience and ability to perform its obligations under this Agreement; that they will perform said obligations in a professional, competent and timely manner and with diligence and skill; that they have the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and FY 2021 Grant Agreement—Bridger Ski Foundation Page 2 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC municipal laws. The City will not determine or exercise control as to general procedures or formats necessary for GRANTEE to meet this warranty. c. GRANTEE represents and warrants to City that the Grant funds are necessary to accomplish the financial requirements of the Project. 6. Reports/Accountability/Public Information. If Grant funds are paid to GRANTEE, GRANTEE will provide to the City a formal written report that includes, at a minimum, the proof of expenses paid. GRANTEE agree to develop and/or provide such other documentation as requested by the City demonstrating GRANTEE' compliance with the requirements of this Agreement. GRANTEE must allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that monies provided to GRANTEE pursuant to this Agreement were used in compliance with this Agreement and all applicable provisions of federal, state, and local law. GRANTEE will retain such records for seven years after receipt of final payment under this Agreement unless permission to destroy them is granted by the City. GRANTEE shall not issue any statements, releases or information for public dissemination without prior approval of the City. 7. Independent Contractor Status. The parties agree that GRANTEE, its agents, employees, contractors, or subcontractors, are independent contractors for purposes of this Agreement and are not to be considered employees or agents of the City for any purpose. GRANTEE and its agents, employees, contractors, or subcontractors, are not subject to the terms and provisions of the City's personnel policies handbook and may not be considered a City employee for workers' compensation or any other purpose. GRANTEE, its agents, employees, contractors, or subcontractors, are not authorized to represent the City or otherwise bind the City in any way. 8. Default and Termination. If GRANTEE fails to comply with any condition of this Agreement at the time or in the manner provided for, the City may terminate this Agreement if the default is not cured within fifteen (15) days after written notice is provided to GRANTEE. The notice will set forth the items to be cured. If this Agreement is terminated pursuant to this Section, GRANTEE will repay to the City any Grant funds already delivered to GRANTEE for the Project. 9. Limitation on GRANTEE's Damages;Time for Asserting Claim a. In the event of a claim for damages by GRANTEE under this Agreement, GRANTEE's damages shall be limited to contract damages and GRANTEE hereby expressly waives any right to claim or recover consequential, special, punitive, FY 2021 Grant Agreement—Bridger Ski Foundation Page 3 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event GRANTEE wants to assert a claim for damages of any kind or nature, GRANTEE must first provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ninety (90) days of the facts and circumstances giving rise to the claim. In the event GRANTEE fails to provide such notice, GRANTEE shall waive all rights to assert such claim. 10. Representatives a. City's Representative. The City's Representative for the purpose of this Agreement shall be Addi Jadin, Parks Planning and Development Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to the City's Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City's Representative is not available, GRANTEE may direct its communication or submission to other designated City personnel or agents and may receive approvals or authorization from such persons. b. GRANTEE' Representative. GRANTEE's Representative for the purpose of this Agreement shall be Evan Weiss, Executive Director or such other individual as GRANTEE shall designate in writing. Whenever direction to or communication with GRANTEE is required by this Agreement, such direction or communication shall be directed to GRANTEE's Representative; provided, however, that in exigent circumstances when GRANTEE's Representative is not available, City may direct its direction or communication to other designated GRANTEE personnel or agents. 11. Permits and Compliance With Laws. GRANTEE will obtain, in a timely manner, all required permits, licenses and approvals, and will meet all requirements of all local, state and federal laws, rules and regulations which must be obtained or met in connection with construction of the Project. 12. Indemnity/Waiver of Claims/Insurance. To the fullest extent permitted by law, GRANTEE agrees to defend, indemnify and hold the City and its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) harmless against all third party claims, demands, suits, damages, losses, and expenses, FY 2021 Grant Agreement—Bridger Ski Foundation Page 4 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC including reasonable defense attorney fees, which arise out of, relate to or result from GRANTEE's (i) negligence, or (ii) willful or reckless misconduct. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s). GRANTEE's indemnification obligations under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnitee described herein be required to bring an action against GRANTEE to assert its right to defense or indemnification under this Agreement or under GRANTEE's applicable insurance policies required below the indemnitee shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines GRANTEE was obligated to defend the claim(s) or was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City's performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. GRANTEE also waive any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except "responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent" as per 28-2-702, MCA. These obligations shall survive termination of this Agreement. In addition to and independent from the above, GRANTEE shall at GRANTEE's expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by GRANTEE in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by GRANTEE in this Section unless and to the extent coverage for such liability is not reasonably available. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the FY 2021 Grant Agreement—Bridger Ski Foundation Page 5 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC City without limit and without regard to the cause therefore and which is acceptable to the City and GRANTEE shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows: • Workers' Compensation—statutory; • Employers' Liability- $1,000,000 per occurrence; $2,000,000 annual aggregate; • Commercial General Liability- $1,000,000 per occurrence; $2,000,000 annual aggregate • Property Coverage— in an amount sufficient to provide replacement cost of buildings and other improvements and personal property BSF installs or stores pursuant to the License The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on the Commercial General Liability policy. The insurance and required endorsements must be in a form suitable to City and shall include no less than a thirty (30) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to delivery of Grant funds to GRANTEE. GRANTEE shall notify City within two (2) business days of GRANTEE's receipt of notice that any required insurance coverage will be terminated or GRANTEE's decision to terminate any required insurance coverage for any reason. 13. Nondiscrimination and Equal Pay. GRANTEE agree that all hiring by GRANTEE of persons performing this Grant Agreement shall be on the basis of merit and qualifications. GRANTEE will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. GRANTEE will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. GRANTEE represent it is, and for the term of this Agreement will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). GRANTEE must report to the City any violations of the Montana Equal Pay Act that Contractor has been found guilty of within 60 days of such finding for violations occurring during the term of this Agreement. FY 2021 Grant Agreement—Bridger Ski Foundation Page 6 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC GRANTEE shall require these nondiscrimination terms of its subcontractors providing services under this Grant Agreement. 14. Public Meetings and Access to Public Records a. Meetings of GRANTEE's Board of Directors that pertain to the receipt or expenditure of Grant funds from the City are subject to the open meeting requirements of Montana law, including those set forth in Title 7, Chapter 1, Part 41, MCA and Title 2, Chapter 3, MCA. To ensure compliance, GRANTEE will provide agendas for Board meetings that pertain to the receipt or expenditure of Grant funds covered by this Agreement to the City Clerk's office no later than 72 working hours prior to meeting for notice on the City's official posting board and any other sites deemed reasonable by the Clerk's office. In addition, meeting minutes will be kept by GRANTEE and provided to the City Clerk's office no later than 90 days after the meeting. These minutes shall be posted and made available to the public by the City Clerk's office except for those minutes taken during a closed meeting in accordance with 2-3-203, MCA. Minutes taken during a closed meeting shall also be provided to the City Clerk's office but shall be handled in accordance with the City Clerk's regular executive session protocol and kept private in a secured cabinet. b. In accordance with 7-1-4144, MCA and subject to any applicable legal obligation to protect and preserve individual confidential or private information, upon reasonable request and at reasonable times during normal business hours, GRANTEE shall make such records available for inspection and copying by members of the public. GRANTEE may charge for such copying in accordance with the policies of the City, which GRANTEE hereby adopt for such purposes. c. To determine whether a meeting or part of a meeting may be closed to the public and to determine whether information contained in GRANTEE' documents is protected by law from disclosure, GRANTEE may seek a determination of the City Attorney at no cost to GRANTEE. Such request and determination shall not create an attorney-client relationship between GRANTEE and the City. 15. Attorney's Fees and Costs. In the event it becomes necessary for a Party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing party shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in- house counsel to include City Attorney. 16. Integration and Modification. This document contains the entire agreement between the Parties and no statements, promises or inducements made by either party or agents FY 2021 Grant Agreement—Bridger Ski Foundation Page 7 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC of either party not contained in this written Agreement may be considered valid or binding. This Agreement may not be modified except by written agreement signed by both parties. 17. Dispute Resolution a. Any claim, controversy, or dispute between the Parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the Parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the Parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 18. No Assignment. GRANTEE may not subcontract or assign GRANTEE's rights, including the right to Grant payments, or any other rights or duties arising hereunder, without the prior written consent of City. 19. No Third Party Beneficiary. The terms and provisions of this Agreement are intended solely for the benefit of each Party and their respective successors and assigns. It is not the Parties' intent to confer third party beneficiary rights upon any other person or entity. 20. Choice of Law. This Agreement shall be governed and construed in accordance with the laws of the State of Montana without regard to conflict of law provisions. The Parties agree to submit to the personal and exclusive jurisdiction of the courts located within Gallatin County, Montana. 21. Non-Waiver. A waiver by either party of any default or breach by the other Party of any terms or conditions of this Agreement does not limit the other party's right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 22. Severability. If any portion of this Agreement is held to be void or unenforceable, the balance of the Agreement shall continue in effect. 23. Counterparts. This Agreement may be executed in counterparts, which together constitute one instrument. FY 2021 Grant Agreement—Bridger Ski Foundation Page 8 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year indicated below. DocuSigned by: DocuSigned by: Aff�l lU f U U " 12/20/2020 -)ate: 251607FDSA824A6._ Jeff Mihelich, City Man GRANTOR City of Bozeman 5DocuSigne/Id1111by: `�V�AV, Wt 'SS Date: 12/18/2020 FA0A36AD43AF46F... GRANTEE Bozeman Ski Foundation Approved as to form: DocuSigned by: SAS Date: 12/18/2020 876992AC9ACA44B_. Greg Sullivan, City Attorney City of Bozeman FY 2021 Grant Agreement—Bridger Ski Foundation Page 9 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC Exhibit A Grant Request DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC Cash-in-lieu of Parkland Funds June 2020 Bridger Ski Foundation "Sunset Hills Snowmaking and Winter Trail Enhancements" An 46 i I Sunset Hills is BSF's most popular in-town venue. More than 550 kids participate in our after-school programs. Overview The Bridger Ski Foundation was established in 1936. BSF's mission is to inspire a lifelong love of skiing, athletic excellence, and personal growth, and to improve the health and well-being of our community by maintaining and grooming over 70 kilometers of winter recreation trails. An estimated 70,000 users enjoy the BSF-groomed trails every winter. Since BSF began grooming trails in the late 1960s, winter trail use has increased an estimated 5,000%. This boom in the popularity of our community winter trails, lack of consistent snow, and pressure on area trails and open spac-e has put a strain on BSF's capacity to meet the growing demand for a reliable winter recreation opportunity that is safe, affordable, accessible and fun. The 8- kilometer Sunset Hills area is the centerpiece of BSF's 70-kilometer groomed community trail system. It is conveniently located in the heart of downtown Bozeman, and an important anchor for winter recreation in Southwest Montana. BSF is applying for a $150,000 Park Improvement Grant to help cover the cost of constructing and installing a reliable state-of-the-art snowmaking system that will guarantee snow at Sunset Hills from early December through late March, ensure uninterrupted access throughout the winter even during low-snow years, address growing demand, and enhance the livability of our community. Bozeman is the fastest growing city of its size in the country and has been for the past three years. Bozeman is also an active community. Parks, trails, and trailheads all over the valley are becoming increasingly congested. This project will guarantee snow at our most popular in-town community Nordic trail so that everyone in our community can get out and recreate in the winter. Sunset Hills is also the primary location for BSF's learn-to-ski and higher level after- school and weekend programs and training venue for the MSU ski team, Montana Endurance 1 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC Academy, and Bridger Biathlon Club. Snowmaking at Sunset Hills will give these programs certainty and reduce congestion at other parks and trailheads. This project will not only enhance the livability, but also benefit the physical and mental health, of our community. Despite the fact that we live in a state with an abundance of national forests and public lands, most people in our community cannot afford the time, nor do they have the resources it takes, to enjoy them. Sunset Hills is centrally located so it is easy for people to get to before and after work and school, during lunch breaks and on weekends and there is plenty of parking in the lot at Highland Boulevard and Ellis Street. There are no lines, so it is not crowded, and it is safe with good lighting. BSF does not charge a mandatory trail fee, so anyone who would like to use the trails is free to do so. In addition to being well planned (see attached Community Nordic Trail Feasibility Study), the Sunset Hills Project will be a buffer against unpredictable weather patterns, allow us to open the Nordic trails earlier, provide reliable conditions throughout the winter, and keep the trails open longer. It will ensure that our growing community can ski, sled, and recreate for free every day of the week, get outside and be healthy, guarantee that kids have easy access to healthy after-school learn-to-ski programs, and that open space at Sunset Hills is utilized year- round. Given the current situation with COVID-19, many people will choose not to take risks or be uncomfortable travelling out of state for the next couple years if not longer. They will stay closer to home. As such there will be a greater demand on area trails and greater need for reliable, convenient and family-friendly alternatives like Sunset Hills. There is no other park project like this in Bozeman. This project is consistent with the goals of Bozeman's PROST plan: "To enhance the quality of life of the City's citizens through the provision of high-quality parks, recreation facilities and programs, trails, and open spaces." This project serves everyone in our community and supports our City's slogan, "Bozeman: The Most Livable Place." Describe existing conditions in park BSF has been responsible for maintaining and grooming the trails at Sunset Hills since the 1960s. We have invested hundreds of thousands of dollars into equipment, staff, improving and maintaining the trails, getting them ready in the fall, grooming them in the winter, and transitioning them at the end of the spring for summer and fall activities. We have experts on staff who are dedicated to trail development and maintenance. The BSF Nordic trails committee is made up of BSF staff, Board members, parents, and community and business representatives who help set strategic planning for the winter trails and consider use and management matters that arise from the trails program. This project is well-planned and was identified as a key economic development project by the 2014 Community Trails Feasibility Study (CTFS), a professionally conducted community master plan that BSF commissioned with funding from the LOR Foundation. BSF hired the SE Group to conduct this study which evaluated existing and potential winter trail offerings, and ways that winter trails can enhance community livability and benefit our local and state economy. One 2 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC component of the CTFS, a 47-question survey that garnered 670 responses, revealed an overwhelming preference for reliable snow and more frequent grooming at Sunset Hills rather than adding more groomed trails to the system. Based on the findings of the CTFS, the SE Group recommended focusing on winter trail enhancements and the construction of snowmaking at Sunset Hills. L-hadle3 4i Trail,Sunday _Janua�r�r 8;2012 In December 2007 the kids really did try to ski on the grass 2012 was another low snow year. Skiing at Sunset Hills at Sunset Hills they were so desperate. (flea Lindley)lasted just 17 days that winter. More than 30 places in North America use snowmaking to provide guaranteed access to winter recreation. In ALL cases, snowmaking has proven to be a reliable and popular community amenity. Snowmaking at Sunset Hills is entirely feasible and, as noted in the CTFS, more reliable and affordable than ever before. BSF already has some snowmaking infrastructure in place, including a well that supplies water at Sunset Hills. BSF made snow from 2005-2010. The old system became outdated and no longer functions. This project is an upgrade to the old system. While our primary motivation for this project is to enhance the livability, health and well-being of our community, we recognize the economic benefits of snowmaking at Sunset Hills will also positively contribute to the financial health and well-being of our local economy. With snowmaking at Sunset Hills, BSF will also be able to host more regional and national- caliber ski races. One two-day regional race at Sunset Hills could generate roughly $200,000 in non-resident revenue. The economic benefit and tourism draw of senior national races is even higher. The US National Championships and National Super Tour organizers have expressed interest in staging races in Bozeman if they have the certainty of snowmaking. Proposed improvements BSF is proposing to install a state-of-art snowmaking system at Sunset Hills that will guarantee winter recreation opportunities and meet the needs and demands of our community for reliable, consistent, safe and affordable in-town winter recreation and be a safeguard during low snow years. BSF is listed as one of the entities partnering with the City on trails development and maintenance. There is a long-standing relationship in place (PROST page 88). BSF is also listed as a potential partner for trail development (PROST page 159). This project will develop and enhance the trails at Sunset Hills so that our community can use and enjoy them year-round. 3 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC There is no in-town park with guaranteed winter recreation in the City at this time. This project will be a game changer for Bozeman and everyone in our community. One of Bozeman's most desirable community characteristics is "access to outdoor amenities and recreation." This project will significantly contribute to the quality of life in our community in numerous ways that the PROST plan envisioned: Objective 1: Engaging Citizens in Their Community.This project will • Create a sense of community and • Provide places for people to connect and interact in a shared environment. Objective 2: Improving Public Health. This project will • Provide people with contact with nature, known to confer certain health benefits and enhance well-being. • Engage children in health-promoting physical activity. • Increase fitness and reduce obesity by providing physical activity opportunities. Objective 3: Helping children learn. This project will • Engage children in informal, experiential learning through play and shared experiences with peers, laying the foundation for effective formal education. Objective 4: Creating Safer Neighborhoods. This project will • Provide access to nature adjacent to residential area to relieve stress, reducing aggression. • Offer gathering places where neighbors form social ties that produce stronger, safer neighborhoods. Objective 5: Revitalizing Community. This project will •Attract investment through revitalization, including park and recreation improvements. Objective 9: Promoting Tourism. This project will • Provide sites for special events and festivals that attract tourists. • Provide sites for sports tournaments, which can be major sources of tourism and economic benefits, especially for smaller cities. Objective 10: Implementing Smart Growth. This project will • Strengthen the urban core. Projected outcome A $150,000 Park Improvement Grant to put in a snowmaking system at Sunset Hills will allow BSF to meet the needs and demands of our community for reliable, consistent, safe and affordable in-town winter recreation and be a safeguard during low snow years. The anticipated increase in use and income associated with our ability to offer guaranteed snow at Sunset Hills will be measured with electronic counters at trail access points, the number of youth and adults participating in our programs, voluntary trail pass sales, and the number of community events and races that are hosted at Sunset Hills. Our goal is to see an overall increase in trail use of 50%, an increase in the number of school children involved in BSF's after school and weekend programs of 20%, and the number of adults participating in our programs to increase by 25%within the next five years. 4 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC � r r Thousands of kids have learned to ski at Sunset Hills. Thousands of adults enjoy Sunset Hills too during lunch, after work,and on weekends. With guaranteed snow at Sunset Hills we will be able to host more fun community events, as well as national and international races right in town. The economic benefit of this will be significant. For example, the Nordic Ski Association of Anchorage, which has snowmaking at their in-town trails, has hosted 25 national ski events that have generated approximately $5.5 million. BSF was established in 1936 and has been grooming public ski trails for more than 50 years. We have the experience to achieve project success. This project supports the Bozeman PROST Plan, aligns with the BSF mission and business model, and is shovel ready. A$150,000 Park Improvement Grant will be a capstone grant for this project. We anticipate completion by December 2020. Proposed time frame for completion This project is shovel ready. The timeline for the implementation and installation of the Sunset Hills snowmaking system is as follows: o Fall 2017 through February 2020— Finalization of the engineering, construction, City approval and permitting process, and installation related logistics of the proposed snowmaking system. o March— May 2020—Order all equipment needed and listed for the project. o June 2020—Complete fundraising. o June—July 2020— Delivery of all equipment. o May— November 2020—Construction and installation of snowmaking system, underground piping, cisterns, and pump house. o November 2020—Construction completed, and expenses paid. o Mid-December 2020—Snowmaking begins, and Sunset Hills opens to the public. BSF is responsible for ongoing maintenance, management and funding at Sunset Hills. The estimated annual cost to maintain and operate the new 8-kilometer snowmaking system is approximately $5,000 a year for the first two years, and $10,000 a year thereafter. We are confident that we can cover this cost with an anticipated 25% increase in voluntary trail pass sales due to improved conditions and awareness that BSF is responsible for providing the snowmaking at Sunset Hills. The BSF board of directors will allocate funding for Sunset Hills each year based on the indicated anticipated costs, and in future years on historic and anticipated costs, at their annual organizational planning and budget meeting in April. 5 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC Cash in Lieu of Parkland Funds Grant Application June 2020 Bridger Ski Foundation ATTACHMENT I Please also see attached • Site map showing the park and the location of the proposed improvements. • North arrow orientation and details of the proposed site improvements. • Describe in detail the recreational needs to be met by the proposed improvements (activities, passive uses, baseball, playground, tennis, picnic areas, etc.) This project serves the community at large. Sunset Hills is a special use park, similar to the Westlake BMX and the new Sports Park, that will be enjoyed by everyone in our community. Sunset Hills is centrally located across the street from Bozeman Health and the east side softball fields, adjacent to Lindley Park and Peet's Hill, a few blocks from Bogert Park and about a mile from Beall Park. Sunset Hills is heavily used year-round. The City Rec Department uses Sunset Hills and the Lindley Rec Center year-round for various classes and activities. Area bike clubs, Bozeman Youth Cycling, and Team Rockford use the trails at Sunset Hills for summer and fall clinics and fall cyclocross events. Bozeman High School, MSU, and the Bozeman Track Club use Sunset Hills for cross country, running, and sports training. Individuals, friends, and families enjoy the trails at Sunset Hills during the spring, summer, and fall to bike, run, hike, walk, stroll, dog walk, and recreate. During the winter, Sunset Hills is the most popular and heavily used in-town community Nordic ski venue. Because of its central location, it is easy for people to get to before and after work and school, during lunch breaks and on weekends and there is plenty of parking in the lot at Highland Boulevard and Ellis Street. There are no lines, so it is not crowded, and it is safe with good lighting. BSF does not charge a mandatory trail fee, so anyone who would like to use the trails is free to do so. The Sunset Hills winter trails have been a central part of the BSF partnership with the City of Bozeman and since the late 1960s. They are also the primary location for BSF's learn-to-ski and higher level after-school and weekend programs and an important training venue for the MSU ski team, Montana Endurance Academy, and Bridger Biathlon Club. Snowmaking at Sunset Hills will give these programs certainty and reduce congestion at other parks and trailheads. BSF also has a strong adult and master's program, a learn-to-ski program for the YMCA, and an exceptional elite team that has developed many world-class skiers and Olympians. Our programs run, on average, 25 to 30 hours a week. Multiplied by our number of participants, we have a total engagement of 4,000 to 5,000 hours a week, 45 weeks a year. Bozeman is the fastest growing city of its size in the country. Bozeman is also an active community. Parks, trails, and trailheads all over the valley are becoming increasingly congested. This project will draw more people to Sunset Hills and relieve pressure at other parks and trails. 1 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC The Bridger Ski Foundation has, for over 50 years, given our community a place to recreate for free in the winter and helped thousands of youth develop fortitude, discipline, camaraderie, and skills through sports that they can enjoy for the rest of their lives. During the winter we offer recreational, educational, and competitive ski programs. Summer and fall programs include mountain biking, hiking, running and organized games/sports. Studies show that physically active children and adults are healthier, happier, and less likely to suffer from anxiety and depression, thus less likely to incur health care related expenses. Additional research shows a positive relationship between neighborhood open space and physical activity and that people in communities with access to abundant open spaces generally enjoy better health. • Describe in detail the level of community and neighborhood support for this project: The Bridger Ski Foundation has raised $708,115 for this project. The total cost of this project is $979,000. This project is shovel ready. Contractors are in place and ready to begin construction. They are donating in-kind services and providing most work at cost. BSF has secured a loan to cover the balance of funding needed for this project ($271,000). BSF has received donations from individuals ($259,459), foundations ($304,000) businesses ($32,000) and in-kind ($112,656). A $150,000 Park Improvement Grant will be greatly leveraged with the existing funds that have been raised ($708,000). BSF intends to raise the balance of funding needed $121,000 with a public fund raiser, events, and the greater intermountain ski community. Over the years, in addition to building a strong base of financial support, the Bridger Ski Foundation has developed solid partnerships that anchor the long-term success of this project. The Bozeman and Belgrade Chambers of Commerce, Yellowstone Country Montana tourism region, the Convention and Visitors Bureau, and Bozeman Yellowstone International Airport have reviewed and endorsed this project. BSF also has strong and long-standing partnerships with the following organizations and their support is critical to the success of this project: BSF has an MOU/long-term use agreement with the City of Bozeman to make snow and groom the public trails at Sunset Hills for all to enjoy. The City provides in-kind support for equipment storage during the winter season, snow plowing, and pre3eason trails mowing. BSF maintains and is solely responsible for the cost of grooming the Sunset Hills trails. Bozeman Health donates the use of their land at Highland Glen. Highland Glen is adjacent to and allows BSF to extend its groomed winter trail system an additional 7.5 kilometers from Sunset Hills. Bozeman Health's support is in-kind. BSF works closely with the Gallatin Valley Land Trust (GVLT) to develop year-round community trails, improve trailhead and road access, and support outdoor recreation. GVLT also allows BSF to replace the summertime information on their trailhead kiosks at Sunset Hills with winter information, trail maps, facts, and mileages so when users arrive they have an instant lay of the land. GVLT's support is in-kind. 2 DocuSign Envelope ID:B1472DF0-FAC5-4529-AB4A-F9BF6F8B95AC BSF also partners with the U.S. Forest Service, Bridger Creek Golf Course, Montana State University, Sacajawea Middle School, Friends of Hyalite, Eagle Mount, Big Sky Wind Drinkers running club, Bozeman Women's Activity Group, and the Bridger Biathlon Club. These partners donate in-kind time and resources to help us maintain our winter recreation resources. Local businesses including Barnard Construction, Bangtail Bike and Ski, C&H Engineering, First Security Bank, Gallatin Tree Care, Kenyon Noble, Liberty Electric, Martel Construction, Quantum Composers, REI, Roundhouse Sports, Sime Construction, Simkins Hallin, and Williams Plumbing have made significant cash and inAdnd donations to this project. Gallatin County recognizes winter grooming and trail efforts as a key recreation benefit for residents and visitors. The County Roads Department provides plowing services. C&H Engineering has donated trail engineering, mapping, and design services at no charge because it recognizes the community and economic benefit of this project. • Estimated number of users of the proposed park improvement or facility related to this project: 30,000 estimated user visits. 3,000 estimated users. 84,349 BSF on-line grooming report visits. 3