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HomeMy WebLinkAboutResolution 5288 Updating the Fee Schedule for Parks and Recreation Facility Use and Programs1 RESOLUTION 5288 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, UPDATING THE FEE SCHEDULE FOR PARKS AND RECREATION FACILITY USE AND PROGRAMS. WHEREAS, Resolution 4861 established or amended fee schedules for Park and Recreation Department facility use and programs, and WHEREAS, the City Commission approved Resolution 4861 on April 16, 2018 which included a noticed public hearing, held during the April 16, 2018 City Commission Action Item Agenda; and WHEREAS, the adopted fee schedule for parks and recreation facility use and programs included an annual review by the Recreation and Parks Advisory Board and for any recommended amendments to be presented to the City Commission on subsequent Commission Consent Calendars and; WHEREAS, the Recreation and Parks Advisory Board reviewed the Parks and Recreation Fee Schedule for Facility Use and Programs at their March 11, 2021 and April 8, 2021 meetings and; WHEREAS, The Recreation and Parks Advisory Board voted unanimously at their April 8, 2021 meeting to recommend that the City Commission adopt the Parks and Recreation Policy and Fee Schedule for Facility Use and Programs fee updates, and WHEREAS, public notice was provided in conformance with Montana Code Annotated 7-1-4127 regarding this resolution to address updating the Parks and Recreation Fee Schedule for Facility Use and Programs; and WHEREAS, the Bozeman City Commission conducted such public hearing on updating the Parks and Recreation Fee Schedule for Facility Use and Programs, in accordance with Montana Code Annotated 7-6-4013, on June 15, 2021, and DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 2 WHEREAS, The Parks and Recreation Department Director has submitted a recommendation for an update of Parks and Recreation Fee Schedules, and WHEREAS, The City Commission finds value in the update, and the Recreation and Parks Advisory Board annual review and recommendation of the Parks and Recreation Fee Schedule for Facility Use and Programs; NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That the Policy and Fee Schedule, attached hereto as Exhibit “A”, be updated for parks and recreation facility use and programs; Section 2 The updated Policy and Fee Schedule for Facility Use Programs shall be effective July 1, 2021 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 15th day of June 2021. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ________________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E POLICY AND FEE SCHEDULE FOR FACILITY USE AND PROGRAMS FY21 UPDATES 4/1/21 DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 1 Table of Contents Section 1: Park Reservation Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 2 Section 1.1: Park Pavilion Reservation Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3 Section 1.2: Community Garden Plot Reservation Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . Page 4 Section 1.3: Park Open Space and Trails Reservation Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 Section 1.4: Park Facilities Reservation Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 4 Section 1.5: User Group & Special Event Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 6 Section 2: Recreation Facilities Reservation Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 9 Section 2.1: Recreation Facilities-Extended Term Reservations Policies . . . . . . . . . . . . . . . . . . . Page 11 Section 3: Aquatic Facility Reservation Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 12 Section 4: Alcohol Policies & Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 15 Section 5: Vending Policies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 16 Section 6: Recreation and Aquatic Program Scholarship and Refund Policy & Fees. . . . . . . . . . Page 16 Section 7: Non-city of Bozeman Resident Fee Policy for Facilities and Programs . . . . . . . . . . . . Page 17 DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 2 The purpose of this document is to outline reservation policies and fees for Parks and Recreation facility use and programs in a format that is straightforward, easily updateable and available to the public. The Parks and Recreation Advisory Board will review the schedule annually, and fee changes will be recommended to the City Commission for approval. A. Reservation Types: 1. Park Pavilion Reservations 2. Community Garden Plot Reservations 3. User Group Agreements 4. Special Event Permits B. Priorities for use of Park Facilities: 1. City of Bozeman Parks and Recreation Department Programs 2. Long term user groups in good standing 3. Schools and nonprofit groups 4. General public C. General Park Facilities Reservation Requirements: 1. Request for use applications are due to the Parks and Recreation Director or designee for review one month prior to the event start date. 2. Fees are due at the time reservations are made. 3. Each group in the priority list is served on a first come, first served basis. 4. Good standing status is required to make a reservation. 5. A reservation entitles the user to exclusive use of an assigned area during reserved hours. All park policies must be abided by and the park must remain open to the general public unless otherwise approved by the Parks and Recreation Director. 6. Any costs due to damages caused by renter or any person(s) within their party are the responsibility of the renter. This includes but is not limited to damage or destruction caused by abuse or misuse of the facility, garbage left at the site, or equipment which was moved that is not replaced to its original location, such as picnic tables, bases on ball fields, bleachers, etc. 7. Reservations are final with completion of the reservation form or agreement, the Recreation Manager or designee has approved the form or agreement and entered it into the reservation system, and the deposit and fees are received. 8. Any request for fee reduction must be submitted 60 days prior to the event and must be approved by the Parks and Recreation Director or designee. 9. The use of public parks or facilities for personal or business profit is prohibited without first obtaining the applicable agreement (Per BMC Sec. 26.02.070). 10. All reservation and usage requirements stated in this document apply unless otherwise approved by the Director of Parks and Recreation. Section 1: Park Reservation Policies DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 3 Eighteen pavilions in the city park system are available to rent April 1-September 30 and are offered in the following time blocks: 8:00am-3:00pm, 3:30pm-10:00pm, or a full day from 8:00am-10:00pm. Pavilions may be reserved six months in advance in the same calendar year. Between October 1 and March 31, pavilions are used on a first come, first served basis. Each pavilion available to rent has a capacity. See chart below. Reservation requests that exceed the capacity will be considered under a user group agreement (Section 1.5). A Public Assembly Permit is required for any park reservation with a group size of 75 or more people. There is no nonprofit discount available for pavilion reservations. A. Pavilion Reservation Policies: Section 26.02.030 of the City of Bozeman Municipal Code must be referred to for more details regarding park prohibitions. A section of the code is included in all park pavilion applications that must be signed by renters. B. Pavilion Reservation Fees: Tier IV Reservation Fee Up to 200 person capacity $200.00 - Resident 1/2 Day $280.00 - Non Resident 1/2 Day $320.00 - Resident Full Day $448.00 - Non Resident Full Day Tier III Reservation Fee Up to 100 person capacity $100.00 - Resident 1/2 Day $140.00 - Non Resident 1/2 Day $160.00 - Resident Full Day $224.00 - Non Resident Full Day Tier II Reservation Fee Up to 50 person capacity $50.00 - Resident 1/2 Day $70.00 - Non Resident 1/2 Day $80.00 - Resident Full Day $112.00 - Non Resident Full Day Tier - Capacity Name Tier - Capacity Name Tier IV - 200 Anderson Pavilion at Bogert Park Tier I - 15 Kirk Park Pavilion North Tier III - 100 Bozeman Pond Pavilion - 15 Kirk Park Pavilion South Tier II - 50 Glen Lake Rotary Park Pavilion - 20 Norton Ranch Park Pavilion - 50 Lindley Park Pavilion - 20 Oak Springs Park Pavilion -50 Rotary Centennial Pavilion - 20 Reunion Pavilion* - 50 Shane Lalani Pavilion* - 20 Sandan Park Pavilion Tier I - 20 Beall Park Pavilion - 20 The Lakes at Valley West-East Pavilion - 20 Creekwood Park Pavilion - 20 The Lakes at Valley West-West Pavilion - 20 Davis Pavilion* - 20 Valley West Park Pavilion - 20 Dumke Pavilion* *Located in Story Mill Community Park Section 1.1: Park Pavilion Reservation Policies & Fees DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 4 Tier I Reservation Fee Up to 20 person capacity $25.00 - Resident 1/2 Day $35.00 - Non Resident 1/2 Day $40.00 - Resident Full Day $56.00 - Non Resident Full Day D. Refund Policy When a reservation is cancelled more than 15 days prior to the reservation date, a $25 processing fee will be held from the paid fees. If the cancellation or change occurs 14 days or less, no refund will be issued. Community garden plots are available to rent for a fee in three locations: 25 plots at Bozeman City Hall, 21 plots in Westlake Park, and 42 plots in Langhor Park. Garden plot agreements are renewed every year for gardeners in good standing. If not in good standing, an agreement will be terminated and deposit held. A. Responsibilities of the gardener: 1. Use only organic fertilizers, pesticides, and herbicides. 2. Bear all liability incurred, including but not limited to, the use or misuse of pesticides, herbicides, or other chemicals. 3. Remove all silage from the site by sundown on the last Sunday in October, or deposit will be forfeited. 4. Do not exceed the boundaries of the garden plot assigned. 5. Do not use motor vehicles in the park. B. Garden Plot Fees Garden Fee per plot annually Deposit Langhor $60.00 $60.00 Westlake $50.00 $50.00 City Hall $40.00 $40.00 Some open space and trails in city parks may be available to rent through a User Group Agreement (Section 1.5). A. Field Requirements and Reservation Information 1. The Bozeman Parks and Recreation Department makes every effort to have fields ready for play at the beginning of each season, weather dependent. The Bozeman Parks and Recreation Department reserves the right to change the starting date of field availability. During the month of March, turf is often wet and not actively growing, and therefore susceptible to damage from use. Fields may not be available to reserve until April 1, weather and turf conditions dependent. During any month, especially April and May, it is important that use be cancelled when fields are too wet and may be damaged by play. Should damage result from use, repair costs will be deducted from the security deposit. If repair costs exceed the security deposit, the organization will be invoiced the difference. The organization will also be Section 1.3: Park Open Space and Trails Reservation Policies Section 1.2: Community Garden Plot Reservation Policies & Fees Section 1.4: Park Facilities Reservation Policies DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 5 required to reinstate the amount necessary to bring the security deposit to the required amount during seasonal play. 2. Misuse resulting in damage will result in the organizations loss of field use and will affect its ability to reserve fields in the future. 3. The Parks and Recreation Director or Designee shall approve all field preparation vehicles and equipment prior to use. (Section 1.5) 4. Regulation soccer goals must be secured to the ground for safety, using a weight system approved by the Parks and Recreation Director or Designee. B. Banners and Signs at Sports Facilities Any signage intended to be affixed to fencing, structures, or to be staked in the ground must be approved by the Parks and Recreation Director or Designee. Signs may not block the view of the public or cause a distraction. All signage must be removed upon conclusion of the reservation. (per BMC Sec. 38.28.160.) C. Accident Reporting In the event of an accident or emergency, the organization/reservation holder is required to complete a Bozeman Parks and Recreation Department accident report and submit to the Department within 24 hours of the incident. D. Refunds-Sports Facilities For a full refund, cancellations must be submitted to the Parks and Recreation Department a minimum of 15 working days prior to the start of the reservation. Working days are considered Monday-Friday, 8:00am- 5:00pm. Holidays are not considered working days. Security Deposits will be refunded if: 1. No damage has occurred to the facility or equipment 2. All fees were paid in full as stated in the user group agreement 3. All user group agreement requirements were met 4. If damage did occur, the deposit fee will not be released until the damages are fixed by the organization and final inspection and approval by the Parks and Recreation Director or designee is complete. 5. If damages have not been corrected or contracted to be corrected within 14 days of the event, the full deposit will be forfeited. E. Field Preparation Field preparation and infield maintenance on all baseball and softball fields is the responsibility of the renter. This includes weed pulling, dragging, base placement and striping. Only water based paint approved by the Parks and Cemetery Superintendent is allowed on all fields. Chalk is prohibited. Field and Court Types: A. Athletic Fields-Diamond The following are available to rent: 1. Christie Fields 2. Kirk Fields 3. North Grand Fields 4. Softball Complex 5. West Babcock Fields B. Non Programmed Park Space In order to support the demand for field space for a variety of organized field sports, certain non- programmed park areas may be reserved for practices. The field areas are not meant to have official DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 6 league games or sports events. Non-programmed park space may also be reserved for camps and fitness classes through a user group agreement. C. Tennis and Pickeball Courts Reservations for general public, single court use are not accepted. Use is on a first come, first served basis. A 1 hour of play for singles and 1.5 hours for doubles rule is in place on all tennis and pickleball courts when others are waiting. Court reservations are only available for special events and camps. The following courts are available to rent for special events and camps: 1. Southside Tennis Courts (3 available) 2. Southside Pickleball Courts (6 available) 3. Bogert Pickleball Courts (7 available) D. Sand Volleyball and Outdoor Basketball Courts Reservations for general public, single court use are not accepted. Use is on a first come, first served basis. Court reservations are only available for special events and camps. The following sand volleyball courts are available: 1. Bozeman Pond 2. East Gallatin Recreation Area The following outdoor basketball courts are available: 1. Beall 2. Bogert 3. Bozeman Pond 4. Valley Unit Groups and individuals requesting use of a public park for the purpose of implementing fee or non-fee based programs or events are required to obtain a user group agreement or special event permit. The director may enter into agreements with various park user groups, with the fee for such agreements established by the director. (Per BMC Sec. 26.02.040.6) a. Admission fees may be charged for events held in conjunction with a park user group agreement or special event permit if approved by the director and listed in the agreement or permit. b. Articles, food, beverages or service may be sold for events held in conjunction with a park user group agreement or special event permit, if so noted in the agreement or permit. Types: A. User Group Agreement These agreements are available for providers to implement their programs for an agreed upon duration of time. Examples include youth and adult athletic groups, camps, and outdoor fitness classes. User Group Agreements can be submitted up to six months B. Special Event Permit A one-time (one day) event that requires exclusive use of a park, field, or facility will be subject to the Special Event Permit. Examples include a race, concert, wedding, or festival will be subject to the Special Event Permit. Special Event Permits can be submitted up to 12 months in advance. Any “pay to participate” event, tournaments, and/or clinics and camps will be subject to the Special Event Permit, and all obligations and responsibilities that go with it. Special Event Permits do not grant exclusive use of the park without written approval from the Parks and Recreation Director or designee. An admission fee to a permitted event cannot be charged without written approval from the director. Exclusions to this policy include special events covered in an existing user group agreement. No refunds are issued if a special event permit is cancelled. Section 1.5: User Group & Special Event Policies & Fees DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 7 Fees [A 3% increase may be added annually due to inflation.] A. User Group: a. Assessed according to the facility type (Section 1.4) or as established by the Director in the User Group Agreement. b. Diamond Athletic Field fees, non-programmed park space and court use fees: $15 per hour per field, space or court d. Deposit determined per contract e. Requires a $25 processing fee B. Special Event: a. See Pavilion Reservation Fee chart (Section 1.1) on page 3 of this document for fee information. b. When an event exceeds 200 people, the fee is $1 per person. c. No deposit required d. A 50% discount applies to non-profit groups for park use fees. e. Requires a $25 processing fee f. Public Assembly Permit, if applicable Required Information: A. User Group: a. A User Group application is required along with a $25 processing fee. Please allow 2 weeks for review. Upon approval of a User Group Agreement, the following must be provided by the group: 1. Signed Park User Group Agreement 2. Public assembly permit application (if over 75 people) 3. Pre-season walk-though meeting with Parks and Recreation Department staff 4. Portable toilets when applicable, along with rental receipt 5. Security deposit (refundable) when applicable 6. Key deposit (refundable) when applicable 7. Park use fee 8. Liability Insurance and endorsement statement (if group size is 75 or more people) I. Group shall maintain $1,500,000 liability insurance, $750,000 per occurrence, additionally insuring the City of Bozeman, its officers, and agents as well as the group against loss and liability for damages including, but not limited to, personal injury, death, or property damage arising out of, or in connection with the use of the facility and/or park. II. The insurance must be in place and the group shall provide proof of insurance satisfactory to the City of Bozeman prior to the commencement of the use covered by this agreement or the use will not commence as scheduled. 9. Alcohol waiver, if applicable A Special Event Permit application is required. Please allow 2 weeks for review. B. Special Event: a. A Special Event Permit application is required along with a $25 processing fee. Please allow 2 weeks for review. Upon approval of a Special Event Permit, the following must be provided by the group: 1. Signed Special Event Permit 2. Public assembly permit application (if over 75 people) 3. Portable toilets when applicable, along with rental receipt 4. Security deposit (refundable) when applicable 5. Park use fee 6. Liability Insurance and endorsement statement (if group size is 75 or more people) DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 8 I. Group shall maintain $1,500,000 liability insurance, $750,000 per occurrence, additionally insuring the City of Bozeman, its officers, and agents as well as the group against loss and liability for damages including, but not limited to, personal injury, death, or property damage arising out of, or in connection with the use of the facility and/or park. II. The insurance must be in place and the group shall provide proof of insurance satisfactory to the City of Bozeman prior to the commencement of the use covered by this agreement or the use will not commence as scheduled. 7. Alcohol waiver, if applicable 8. Proof of nonprofit status, if applicable 9. A run map, if applicable 10. Approval of a Waiver to Sell Goods, if applicable 11. Approval of any tens, canopies, shade structures prior to assembly, if applicable Park Use Policies: A. Condition of Premises It is expressly understood and agreed upon that renter agrees to maintain and leave all facilities clean, safe, and in a sanitary condition. Failure to do so will result in the renter paying all costs incurred by the City of Bozeman to return the premises to its original condition at a rate of $50 per hour. The City may apply any security deposit received from the user group toward such costs. B. Reservations There shall be no SUBLICENSING of fields, parks or facilities. Sublicensing of a field, park or facility shall be cause for forfeiture of any security deposit and termination of the user group agreement or special event permit. Periods not identified as exclusive in the user group agreement or special event permit will be open to the public or may be reserved by another user group. C. Contacts The renter will be responsible for designating an individual who will be the sole contact for the group. A backup contact shall also be provided. They will be responsible for the initial walk-through, final walk- through, keys checked out, and any assessment charged to the user group pursuant to the agreement or permit. In addition, the renter will provide a list of numbers and email addresses of all officers. D. Schedule The renter shall submit, through their appointed designee, a schedule of events the renter plans to hold on the premises during the term of the agreement or permit. E. Field Preparation It is the sole responsibility of the renter to prepare the fields for game play and practice. On all turf areas, approved athletic field water based paint will be applied. Chalk is prohibited. Maintenance and care of the infield/skinned area is the responsibility of the user group. The Parks and Recreation Director or designee shall approve all field preparation vehicles and equipment prior to use. F. Field Lights The field lights (if applicable) are the sole responsibility of the renter. This includes maintenance and paying the utility bill. The City of Bozeman will contact the user group designee with the amount owed upon receiving the utility bill. It is the renter’s responsibility to pay the bill before the due date. G. Restrooms/Litter Renters will be responsible for policing grounds, dugouts, and fields for litter and equipment left out, on, or near the fields. This includes but is not limited to infield drags, painting machines, hoses, and tarps. The garbage collected will be deposited into the trash receptacles located throughout the park. If there are no garbage receptacles it is up to the user group to provide them. Tarps shall be placed in proper areas. Other equipment shall be returned to buildings or dugouts. DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 9 H. Snow Removal Snow removal by user groups is not allowed on any fields. If snow is plowed off, there will be a charge for damage to irrigation heads, turf, fencing, and other related items. I. Rain Games shall be postponed in the event of wet, saturated turf. Excessive wear due to play on wet fields will be the responsibility of the user group. Renovation and mitigation will be charged to the renter. J. Improvements Any changes, modifications, or improvements to the park shall require a plan and must be approved by the Parks and Recreation Director or designee prior to work being done. At a minimum the plan shall include: schedule of work, timeline, design details, notice of start and completion. City staff shall be consulted regarding guidelines on planning a project and any pre-conferences before the commencement of a project. K. Inflatable Structures Renter agrees to indemnify, protect, defend, save and hold harmless the City, its officers, employees, agents, and volunteers from and against any and all liability, claims, suits, and causes of action for death or injury to persons, or damage to property, resulting from intentional or negligent acts, errors, or omissions of renter arising out of the setup, use or operation of inflatable bounce houses or other similar inflatable apparatus (the “Inflatable Structure”), or resulting from any violation of any federal, state, or municipal law or ordinance, the extent caused, in whole or in part, by the willful misconduct, negligent acts, or omissions of renter, which occurs related to the setup, use or operation of the Inflatable Structure. L. Park Prohibitions Section 26.02.030 of the City of Bozeman Municipal Code must be referred to for more details regarding park prohibitions. The Recreation Division manages four community buildings that are home to Parks and Recreation Department programs and are available to the public to rent for private events. Facilities may be reserved 1 year in advance. A. Recreation facilities available to reserve: Name and Location Building Capacity Beall Park Recreation Center, 415 N. Bozeman Ave. 74 people Lindley Center, 1102 E. Curtiss Ave. 150 people Story Mansion, 811 S. Willson Ave. 83 people (with tables and chairs) 181 people (chairs only) 230 people (no tables and chairs) Story Mill Community Center - Gymnasium, 600 Bridger Dr. 140 people (with tables and chairs) 470 people (no tables or chairs) B. Recreation Facility Reservation Policies: 1. You must be 18 years of age or older to reserve a recreation facility. You must be at a minimum 21 years of age to have alcohol at your event (see #5 below). 2. The time block you’ve paid for is the only time you may be in the building, including your guests, your caterer and rental companies. All rental equipment must be picked up before your reservation end time listed above. An additional reservation time may be needed. Section 2: Recreation Facilities Reservation Policies & Fees DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 10 3. A) A cleaning/damage deposit is required for all facility reservations. Once the cleaning and damage facility check has been completed after your event by our staff, we will process your refund. Any damage to the facility, loss of key, or failure to clean the facility to the standards set by the Parks and Recreation Department will result in a deduction of the cleaning/damage deposit. If the cost of cleaning and/or damage exceeds the deposit amount, the renter will be sent an itemized statement for the remaining cost of cleaning/damage repair. The statement must be paid within 30 days of the date of issue. B) Anyone who rents an indoor recreation facility (regardless of group size) will be required to hire a professional, licensed, insured cleaner to clean the building immediately following their event and provide proof of the hire. Proof of hire must be submitted BEFORE your reservation takes place. The cleaner has to be done no later than two hours after your reservation time ends. 4. All items must be removed from the facility by the end of the reservation time listed on the agreement. After returning the key, the deposit (or remainder thereof) will be mailed to the renter by the City of Bozeman Finance Department within three weeks. 5. Public drinking or display or exhibition of open alcoholic beverages (open containers) is prohibited in public parks and recreational facilities. (per BMC 4.04.030) A waiver of this requirement may be granted. (per BMC 4.04.050) A separate application and fee are required. 6. A ‘safety supervisor’ is required for events with 75 or more adults (minimum 18 years of age) where alcohol is served. 7. Selling of goods, alcoholic beverages, or charging admission to attend a function is prohibited without approval of the Parks and Recreation Director. (per BMC 26.02.070) 8. Smoking is prohibited in all recreation facilities. If there is evidence of smoking in the facility, all of the deposit will be withheld. 9. The renter is responsible for the conduct and actions of the individuals attending the function. Attendees shall not mark, deface, or remove any tables, chairs, benches, refrigerators, railings, equipment, signs, or other city property. 10. Recreation facilities are located in residential areas. Strobe lights, loud noise, indoors or outdoors, are prohibited. Music may be played inside the facility with the volume adjusted so it cannot be heard outside and shall end by 10:00pm. If we receive a complaint from the neighbors after 10:00pm or police are called, renter will lose their deposit. BMC Noise Ordinance applies to all rental facilities. 11. Animals are not permitted in the recreation facilities except service animals authorized under the Americans with Disabilities Act. 12. Vehicles shall park in designated parking areas only. 13. Roller blade or skateboard use is prohibited inside facilities and on porches. 14. Overnight stay and camping is prohibited. 15. Renter is responsible for shoveling sidewalks and stairs. A shovel and ice remover are provided. 16. All functions in Recreation facilities must end by 11:00pm. Renter is responsible to clean the facility immediately after the function according to the clean-up list and remove all personal effects. Cleaning must be completed by 6pm or 1am, depending on reservation time. 17. Renter shall pick up all glass and litter in and around the facility and deposit in the dumpster. 18. Renter shall report all damages to the Parks and Recreation Department. All non-reported damage or violations of these policies may result in the loss of privilege to rent this facility. 19. No tape, staples, nails or tacks on the walls or ceiling. Nothing adhered to walls or doors. DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 11 20. The entire deposit will be forfeited if excessive cleaning is required or unsanitary conditions exist (i.e., vomit) upon inspection. 21. Any police officer shall have full authority to void facility rental permits should the activity hereby approved become disruptive or abusive to disrupt the peace of the area or involve any violations of park or building rules and regulations. Violation of rules, regulations, or laws may result in denial of future reservation requests. 22. It will take 2-3 weeks for your deposit to be returned to you via a check in the mail. C. Facility Rental Refund Policy When a reservation is cancelled or a change is requested (i.e. date or location) more than 15 days prior to the reservation date, a $25 processing fee will be held from the paid deposit. If the cancellation or change occurs 14 days or less, the full deposit will be held back. D. Recreation Facilities Rental Fees: Beall Park Recreation Center Story Mansion Deposit Amount $200 Deposit Amount $500 Friday HALF DAY (5pm-11pm) Monday-Thursday (9am-4pm or 5pm-11pm) City of Bozeman Resident $130 City of Bozeman Resident $250/half day Non-city of Bozeman Resident $156 Non-city of Bozeman Resident $300/half day Saturday or Sunday (9am-4pm or 5pm-11pm) Monday-Thursday FULL DAY (9am-11pm) City of Bozeman Resident $130/half day City of Bozeman Resident $500 Non-city of Bozeman Resident $156/half day Non-city of Bozeman Resident $600 Saturday or Sunday FULL DAY (9am-11pm) Friday-Sunday (9am-4pm or 5pm-11pm) City of Bozeman Resident $260 City of Bozeman Resident $500/half day Non-city of Bozeman Resident $312 Non-city of Bozeman Resident $600/half day Lindley Center Friday-Sunday FULL DAY (9am-11pm) Deposit Amount $200 City of Bozeman Resident $1,000 Monday-Thursday (9am-4pm or 5pm-11pm) Non-city of Bozeman Resident $1,200 City of Bozeman Resident $65/half day Non-city of Bozeman Resident $78/half day Monday-Thursday FULL DAY (9am-11pm) City of Bozeman Resident $130 Non-city of Bozeman Resident $156 Friday-Sunday (9am-4pm or 5pm-11pm) Story Mill Community Center Gym City of Bozeman Resident $130/half day City of Bozeman Resident $35 per hour Non-city of Bozeman Resident $156/half day Non-city Bozeman Resident $50 per hour *Deposit amount equals rent amount and a three Friday-Sunday FULL DAY (9am-11pm) hour minimum is required for gym reservations City of Bozeman Resident $260 Non-city of Bozeman Resident $312 DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 12 E. For all City-sponsored functions, there will be no deposit, processing fee, or reservation fee. Hiring of a janitorial service will be required. F. Non-Profit rates are 50% off, require tax documentation, and apply to Beall, Lindley Center, and Story Mansion fees only. Extended term facility reservations are available for individuals or organizations interested in implementing a fee or non-fee based program over an extended period, not to exceed three months. Reservations must be made at least 30 days prior to the reservation date. Upon approval by the Parks and Recreation Director or designee the following must be provided: 1. Facility reservation application and fees 2. Cleaning/Damage deposit as determined per contract 3. Fee as determined per contract 4. Liability Insurance and endorsement statement 1) Group shall maintain $1,500,000 liability insurance, $750,000 per occurrence, additionally insuring the City of Bozeman, its officers, and agents as well as the group against loss and liability for damages including, but not limited to, personal injury, death, or property damage arising out of, or in connection with the use of the facility and/or park. 2) The insurance must be in place and the group shall provide proof of insurance satisfactory to the City of Bozeman prior to the commencement of the use covered by this agreement or the use will not commence as scheduled. 5. Alcohol waiver application, if applicable. (See Section 4: Alcohol Policies for details.) City of Bozeman Aquatic Facilities 1. Bozeman Swim Center, 1211 W. Main Street 2. Bogert Pool, 325 S. Church Ave. The Bozeman Swim Center is a 50 meter, 8-lane indoor aquatic facility which is divided into a 25 yard pool and a 25 meter pool from the end of August to the middle of March utilizing a removable bulkhead. Bogert Pool is an outdoor pool and has two swimming areas: a 25-yard pool ranging from 3.5 feet to 9 feet and a shallow pool with depths from 1 foot to 3 feet. Children age 13 and under require supervision from an adult who is at least 18 years old at all times per Montana Health Code. A. Aquatic Facilities available to rent 1. Bozeman Swim Center a. Entire Pool b. 50 meter lanes c. 20 yard lanes d. 25 meter lanes e. 25 yard lanes B. Priority for use of aquatic facilities 1. City of Bozeman Parks and Recreation Department Programs 2. Long-term User Groups in good standing 3. Schools and Nonprofit Groups Section 2.1: Recreation Facilities-Extended Term Reservations Policies Section 3: Aquatic Facility Reservation Policies & Fees DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 13 4. General Public NOTE: Hours of availability depend on the type of event and the number of people in the group. All group rentals must be approved by the Parks and Recreation Director or designee. C. Aquatic Facility Rental Policies 1. Groups (teams) shall put in and take out the lane lines. 2. All swimmers must exit the water by contracted times. 3. Swimmers must wait to put in lane lines until a coach is on deck. 4. Swimmers are not allowed in the water until a coach and lifeguards are on deck. 5. Liability Insurance and endorsement statement is required, naming the City of Bozeman, Its Officers and Agents as additionally insured for $1,500,000 and $750,000 per occurrence. 6. Groups need to abide by all pool rules and etiquette. D. Pool Rules: MT HEALTH CODE ARM 37.115.1402 1. The main drains must be clearly visible and sharply defined from any point on the side of the pool. Anything else requires the management to close the pool. 2. Take a cleansing shower before using the pool. 3. Please do not use the pool if you have had diarrhea or any other disease transmittable by the water in the past two weeks. 4. Swimmers who are not toilet trained must wear a swim diaper with waterproof pants and elastic openings for the legs and waist. 5. Do not change diapers near or on the deck. 6. Do not bring food, drink, gum or tobacco into the pool or onto the deck area. 7. No animals in the pool or deck area except as required under the American with Disabilities Act. 8. Offensive or unsanitary behavior is prohibited. 9. Non-swimmers and children under the age of 13 shall not use the pool without a responsible adult in attendance. Adults must be 18 or older. E. City of Bozeman Pool Rules 1. Don’t flip the float mats 2. Don’t step onto the mats from the side of the pool 3. No hitting with the noodles (people or the water) 4. Lifeguards may ask kids to take swim test/put on a lifejacket 5. Jump in feet first, no spins or backward jumps 6. Diving allowed only in the deep end (past tall, white guard chair) 7. No flips or back dives 8. Kids may not use the lap swim or water fitness equipment 9. We do not lend out goggles 10. No rough play 11. No food or drinks on the pool deck 12. No glass in the facility 13. No running on the pool deck 14. Groups must provide one adult, 18-years or older, for every 10 kids under 14 15. Patrons must be respectful of lifeguards, fellow patrons, the facility and its rules 16. Patrons may not distract the lifeguards from their surveillance duties 17. Failure to comply with the pool rules and codes may result in suspension from the facility 18. Passes and Punch cards have a 10-day grace period, which during this time, there is a $25 processing fee for reimbursement. No refunds will be issued after ten days. F. Dry Land Practice Guidelines 1. All dry land practice times must be approved by management. DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 14 2. The area directly adjacent to the Swim Center on the west side of the building may be used for dry land practice. 3. Deck space may be used for dry land practice. When deck space is used, exercises that keep swimmers feet in contact with the deck may be performed. Exercises that increase the odds of slipping such as jumping jacks and burpees are prohibited. G. Lap Swimming Etiquette 1. Entering the water Always use a feet-first entry into shallow water. If the lane is crowded, always ease in, using a feet-first entry. You may dive into the pool from the deep end, but only if the pool is completely clear in front of you. 2. Circle Swimming Follow the arrows on the bottom of the pool for proper lap swimming directions. Do not swim on the blue lines. If you are not sure, ask a lifeguard for assistance. 3. Passing The best place to pass someone is at the wall. A light touch of the foot of the person in front of you will indicate to them to stop at the wall and let you pass. If you pass in the middle of the pool, it should be between the backstroke flags, and you should pass in the inside or middle of the lane. Make sure the way is clear. You can also lightly touch the person’s foot to indicate you will be passing them and they should “hug the lane.” 4. Number of People in a Lane Several people (as many as 6 or more) can fit in a lane if proper etiquette is observed and swimmers of like speed are together. 5. Lane Speed The lanes are designated Fast, Medium, and Slow. These terms are relative, so the best way to find the lane that is best for you is to watch those that are swimming. If you are the first one in the lane, abide by the circle swimming rules so others may join you. If you aren’t sure what lane, ask a lifeguard for assistance. Swimming in the same lane with people at your same pace could help you swim better and have a better workout. 6. Stopping/Resting If you are resting on the wall, stay to the right side of the lane to stay away from swimmers coming in. Stopping in the middle of the pool should be avoided. If the lane is crowded and one person stops, all will have to stop. Be aware of the swimmers around you at all times. Do not start if a swimmer is inside the backstroke flags. 7. Water Jogging/Walking Water jogging and walking can take place in lane one, following the direction and rules of circle swimming. 8. The Diplomacy of Shared Space If someone makes a suggestion concerning any of mentioned etiquette topics, try to make adjustments in the spirit of cooperation. If you make a suggestion to another swimmer, try to do it as diplomatically as possible. Lifeguards will intercede only if there is a problem that cannot be resolved or if there appears to be a safety concern. If you are not sure, ask a lifeguard for assistance. H. Private Swim Lesson Policy 1. Lessons must be one on one. Group lessons are prohibited. 2. Instructor and participant must pay the entrance fee. DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 15 3. Private lessons are allowed during recreation swim times in the recreation swim area. A roped off space is not provided. I. Aquatic Fees: 1. Locker rental fees: $10/month, limited lockers available for rent. 2. Swim Meet Fee: $178.32/hour the building is occupied. 3. Coaching certificate: $50 Daily Admission Age Resident Fee Non-Resident Fee Infants age 2 and under FREE FREE Youth (3-18 years) $3.00 $4.00 Adult (19-59 years) $4.00 $5.00 Senior (60+ years) $3.00 $4.00 Family Swim (Fridays) $10.00 per family $10.00 per family Membership Passes Pass Type 1 Month 3 Months 6 Months 12 Months Youth (3-18 years) $30 City/$42 Non $72 City/$101 Non $108 City/$151 Non $161 City/$225 Non Adult (19-59 years) $40 City/$56 Non $96 City/$134 Non $144 City/$201 Non $214 City/$300 Non Senior (60+ years) $30 City/$42 Non $72 City/$101 Non $108 City/$151 Non $161 City/$225 Non Family $192 City/$268 Non $288 City/ $403 Non $428 City/$600 Non Punch Cards Age Resident Fee Non-Resident Fee Youth (3-18 years) $40.00 $50.00 Adult (19-59 years) $50.00 $60.00 Senior (60+ years) $40.00 $50.00 Aquatic Facility Rental Fees 50 Meter Lane $12.73 per lane per hour 25 Meter or Yard Lane $6.37 per lane per hour 20 Yard Lane $4.24 City of Bozeman (Ord. No. 1616, § 1(9.70.040), 7-12-2004) All forms and documents must be submitted at least two weeks in advance. All alcohol waivers must be attached to a reservation, whether it be for a facility, park pavilion, special event, or user group. Alcohol waivers will not be approved without a reservation. A. FOR AN EVENT WITH LESS THAN 75 PEOPLE (Adults age 18 and up) Section 4: Alcohol Policies & Fees DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 16 1. Complete Alcohol Waiver form for under 75 adults B. FOR AN EVENT WITH 75 OR MORE PEOPLE (Adults age 18 and up) 1. Complete Alcohol Waiver form for over 75 adults 2. Responsible Beverage Server Certificate: Someone who has attended the Responsible Beverage Service Training must serve and be responsible for the alcoholic beverages during the duration of the event. A copy of their certification of training must be provided to the Parks and Recreation Department. 3. Certificate of Insurance and Insurance Endorsement Statement: Provide a Certificate that names the "City of Bozeman, its officers, agents, and employees" as additionally insured on a primary non-contributory basis for $1.5 million per occurrence & $750,000 for each claim and host liquor liability of not less than $1 million. Policy must be acceptable by the City of Bozeman. 4. Safety Plan that addresses: a) Identify Safety Plan Supervisor that must be present for duration of event and ensures that plan is adhered to. b) How admission of those who are under the legal age to drink will be handled & consequences when underage drinking occurs. c) How those under the influence of alcohol will be handled – will alternate transportation be offered? d) Action to be taken in the event of a disturbance or medical or other type of emergency any other measures to be taken to maintain a safe environment for those in attendance. C. Alcohol Waiver Fees: Type Fee City of Bozeman Resident $25 per waiver Non-City Resident $35 per waiver Vending of any kind in public parks and in recreation facilities is prohibited without Parks and Recreation Director Approval. With Director Approval, vending is only allowed when attached to a user group agreement, special event, pavilion reservation or facility reservation. A Waiver to Sell Goods form must be submitted a minimum of one month prior to the event. A. Youth Scholarship Program Any child (0-18 years old) who is a resident of the City of Bozeman, who wishes to participate in a Bozeman Parks and Recreation Department program and is in need of financial assistance, may apply for a scholarship. Proof of residency is required. Contracted classes and job training classes (Water Safety Instructor or Lifeguarding) are not included in the scholarship program. Individuals that are eligible for scholarships may apply for 20% to 100% of programs costs for a maximum of $200.00 per year (first come first served until the scholarship funds are exhausted). Current poverty guidelines and a sliding scale are used to determine eligibility. Applications are reviewed by a committee and strict confidentiality is maintained. Section 6: Recreation and Aquatic Program Scholarship and Refund Policy & Fees Section 5: Vending Policies DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E 17 B. Recreation and Aquatic Program and Pass Refund Policies Payment is due at registration and participants must be of the required age on the first day of the program to be eligible to participate. Refunds for program and pass cancellations will not be given unless injury or illness prevents participation. If a participant must be cancelled out of a program, a request must be made 10 working days (Monday-Friday) before the start of the program to receive a Parks and Recreation Department credit. Credits may be used for future programs. If the Parks and Recreation Department cancels a program due to low registration, weather, or any unforeseen reason, a full refund for the cancelled program will be issued. If a swim lesson is cancelled due to weather or unforeseen circumstances, a courtesy swim pass will be issued at the completion of the session. Passes and punch cards have a 10 day grace period, which during this time there is a $25 processing fee for reimbursement. No refunds will be issued after 10 days. C. Recreation and Aquatic Program Fees Determined By: Youth Active Aging (ages 60+) 50% of program costs, city subsidizes 50% 50% of program costs, city subsidizes 50% Adult 100% program cost recovery Fees for facility use and programs for non-city of Bozeman residents may be up to 40% more than the fees for residents residing inside the City of Bozeman limits. City of Bozeman resident’s taxes support the general fund that provides a subsidy for Parks and Recreation Department facilities and programs, therefore resident fees for use are lower. In order to receive city rates, your primary residence must be inside the physical boundaries of the City of Bozeman. Section 7: Non-city of Bozeman Resident Fee Policy for Facilities and Programs DocuSign Envelope ID: D1438A86-2CE4-46DA-801F-1218B32BFB4E