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11.2. PRSR 06-08-2016 rc j Request for Action River To Item Number Parks and Recreation Commission 11.2 Agenda Section Meeting Date Prepared by Work Session June 8,2016 Michael Hecker,Parks and Recreation Director Item Description Reviewed by Sponsorship Policy Cal Portner,City Administrator Reviewed by Action Requested Discussion of the Sponsorship Policy draft Background/Discussion The City of Elk River staff has recently been approached by local business interested in sponsorships and naming rights of park facilities. One local business is particularly interested in naming rights to a section of Rivers Edge Commons Park. The Community Center Steering Committee has also began discussion for a sponsorship program for the proposed Community Center. The main intent of the sponsorship policy is to encourage the city to seek sponsors that wish to provide monetary or in-kind support for city facilities and programs. This is a policy with the intent to be used by department director's city wide. A naming policy for the official naming of parks and recreation areas and facilities was approved by the Commission and City Council on November 19,2012. This policy is attached for review since both policies are similar in nature. This policy requires both Commission and City Council reviews. The Parks and Recreation Donation Policy was reviewed and recommended by the Commission two years ago. This policy has not been reviewed by the City Attorney or City Council. It has been used by staff on several occasions for the donation of a bench memorial. This is also attached for Commission review. Once an initial review has been completed by the Parks and Recreation Commission, staff plans to take the Sponsorship Policy to City Council for review and final approval. Financial Impact N/A Attachments • Sponsorship Policy draft • Parks and Faculties Naming Policy • Parks and Recreation Donation Policy riteI f S w1 City of - El River CITY OF ELK RIVER SPONSORSHIP POLICY GENERAL POLICY STATEMENT The City of Elk River shall seek sponsors that further its mission by providing monetary or in-kind support for city programs or services.The city recognizes that public trust and perception of its impartiality may be damaged by sponsorships that are aesthetically displeasing,politically oriented,or offensive to segments of its citizenry.When the city loses the public's trust,its ability to govern efficiently and effectively is impaired.Therefore,the city permits certain sponsorship of certain city property, facilities,events,activities,programs and services (collectively`facilities and services') in limited circumstances.The city maintains its sponsorship program as a nonpublic forum and exercises sole discretion over who is eligible to become a sponsor according to the terms of this policy. Whenever possible,sponsorships shall be linked to specific activities,events,programs,or publications. The city will neither seek nor accept sponsors that manufacture products or take positions inconsistent with local,state,or federal law or with city policies,positions, or resolutions. The acceptance of a sponsorship offer or the establishment of a sponsorship agreement does not constitute an endorsement by the City of Elk River of the sponsor's organization,products or services. II. PURPOSE AND INTENT The purpose of this Policy and its related practices and guidelines is to define the conditions upon which sponsorship messages may be placed upon property or in publications of the city and to establish definitive guidelines for the acceptance and placement of such messages. It is the intent of the Elk River City Council to preserve its full rights and discretion to restrict access to city properties and or in city publications and to reject or refuse placement of any or all sponsorship messages.To the extent that any such messages are accepted,the city reserves the right of full editorial control over the placement,content,appearance,and wording and to determine and prohibit types of sponsorship messages which are deemed inappropriate for,or inconsistent with,city business or the services provided to its residents. The objectives include: • Ensure an open and fair public process for soliciting and considering sponsorship opportunities; • Provide the city with full and final decision making authority on any sponsorship opportunity,thus protecting its integrity and the integrity of its facilities and services; • Allow eligible outside entities interested in sponsorship opportunities (`potential sponsors') to easily view and understand the various sponsorship opportunities available; ■ Help potential sponsors,city staff and the public to better understand the procedures for sponsorship. III. DEFINITION OF SPONSORSHIP City sponsorship is financial or in-kind support from an outside person or entity,including other governmental or quasi-governmental organizations (collectively`outside entity') to associate outside entity's name,logo,products or services with a city facility or service. Sponsorship is a business relationship in which the city and the outside entity exchange goods, services and/or financial remuneration for the public display of an agreed-upon sponsorship recognition message. IV. AUTHORITY LEVELS TO SOLICIT AND APPROVE SPONSORSHIPS The City of Elk River possesses sole and final decision-making authority for determining the appropriateness of a sponsorship. Unless a sponsorship opportunity requires City Council approval,the city shall act through its City Administrator or desigree(s).The city has and reserves the right to refuse any offer of sponsorship. All offers of sponsorship will be reviewed in accordance with this policy. Each department director,in consultation with the City Administrator,shall be responsible for determining the facilities and services for which his or her department is responsible that are suitable for sponsorship (`eligible facilities and services').', S onsorshi in olvtn namin ri hts for an c fac"ili recreation area,park or athletic p p g g g Y ' ''° tY� field,or design ted pot<on tk ereof,shall be required to meet any defined department policy regarding naming rights in addition to criteria defined in this sponsorship policy. Additionally,when sponsorship.involves naming rights,there may be other levels of approval required if so defined by department policy; such approvals must be met in addition to the:leels of approval defined in" Section V below. r�n The City Administrator may adopt a standard procedure by which sponsorships are sought, considered,and approved. The City Administrator may contract with an independent contractor for services related to solicitation and consideration of sponsorships. Unless other provisions are made in a standard procedure or contract with an outside independent contractor,eae department director should receive all offers of sponsorship for eligible facilities and services of his`or her department,determine that the offer is complete and properly executed,and shall determine the level, defined below, of each offer and the corresponding approval process. Each department director should also determine, for offers that might involve exclusivity,whether there are active or potential sponsorships in the same category and identify such other sponsorships. City of Elk River Sponsorship Policy Page I2 V. LEVELS OF SPONSORSHIP Level 1 -Council Approval Required: Offers of sponsorship that are for terms of more than five years,or are projected to generate substantial revenue,or that involve naming rights for any city facility, shall require the approval of the City Council. Level 2 -Administrator Approval Permitted: Offers of sponsorship that are for terms of up to five years,and are projected to generate substantial revenue,may be approved by the City Administrator. This approval includes the authority to approve sponsorships for naming rights of designated portions of city facilities,such as naming rights for a specific athletic field or a specific room within a city facility,provided such naming right otherwise meets the requirements of this Level 2 authority.All sponsorship agreements within Level 2 shall be approved by the administrator. The administrator may refer any proposed offer of sponsorship or sponsorship agreement within the administrator's authority level to the City Council for approval. Level 3 -Department Director Approval Permitted: Offers of sponsorship that are for terms of up to three years,are project4to generate $90,000 or less and do not involve any naming rights may be approved*the department director responsible for the particular facility or service,who may also execute the sponsorship agreement.A director may refer proposals of sponsorship or sponsorship agreement within his/her authority level to the administrator for approval. Level 4-Departmental Staff Approval Permitted: A department director may delegate the authority to approve offers of sponsorship and to execute sponsorship agreements for sponsorships that are within the director's authority and are for terms of one year or less and projected to generate less than$5,000 per year to an appropriate staff member. All such approvals shall be in consultation with the director. VI `;PUBLIC ACCESS TO SPONSORSHIP OPPORTUNITIES Publtcxaccess to information about sponsorship opportunities is important: 1. `to create an open and fair process and to protect against disputes related to sponsorships that are category exclusive; 2. to market available sponsorship opportunities in an open and efficient manner allowing both the potential sponsor and the city to negotiate efficiently. Unless other provisions are made by standard procedure,each department with sponsorship opportunities should endeavor to make information about potential sponsorship opportunities available through the city's website and other appropriate means. VII. CRITERIA FOR REVIEW OF SPONSORS AND OFFERS OF SPONSORSHIP Sponsorships of city facilities and services are maintained as a nonpublic forum.Although the city recognizes and confirms that entering into a sponsorship agreement is not an endorsement of that sponsor or its services or products, sponsorships do imply some affiliation between the city and the sponsor.Therefore,no potential sponsor and no offer of City of Elk River Sponsorship Policy Page I 3 sponsorship will be approved that might compromise the public trust or the public's perception of the city's ability to actin the public interest,or that the city deems might have • • a negative impact on its mission,image or values. The city also intends to preserve its right and discretion to exercise full editorial control over the placement,content,appearance,and wording of all sponsorship recognition messages.The city may make distinctions on the appropriateness of sponsors on the basis of the sponsorship recognition message but not on the potential sponsor's viewpoint. Sponsorships and outside entities that the city deems to be unsuitable for the specific audience or contrary to the community standards of appropriateness for the facility or service are prohibited,including the following subject matters: ■ Promotion of the sale or consumption of tobacco products or depiction of the use of tobacco products; • Commentary,advocacy or promotion of issues,candidates,campaigns or organization of a social,political,religious or rhetoric nature; ■ Depiction in any form of nudity ors m1 nudity,profanity,obscenity or lewdness or characterizations which suggest, depictor promote any such element or sexually oriented products,activities or materials; ":; ■ Promotion in any form of illegal drugs,illegal drug use illegal drug paraphernalia or characterizations which surest or depict the motion or glorification f any such projects,activities or matels; ■ Use of language or descriptive rata which when' ken in form and context is deemed to be unsuitable for or contrary to comm ty standards of appropriateness for governmental use for family publ c tions; ■ Use of wo language,representations car descriptive material of any kind having more than one$ aning or cotation,one.of which would otherwise be prohibited under this policy; lm ■ Inclusion of materials,deftons,promotions or offerings which are the type prohibited by,or by ttheir nature would violate,any postal restrictions or regulations or any federal, state or loc law,rule or regulation Every sponsorship shall also be evaluated by taking into consideration the personalities and characteristics of t .verage attendee of each facility or service proposed for sponsorship and the xriission,values,and image of the City. The following criteria shall also be considered in evaluating every offer: ■ The extent and prominence of the sponsorship recognition message; ■ The aesthetic characteristics of the sponsorship recognition message; ■ The importance of the sponsorship to the mission,values and image of the city; ■ The level of support proposed to be provided by the sponsor; ■ The cooperation necessary and degree of support from other city departments to implement the sponsorship; • The value of the resources that is provided to the city in fulfilling its overall mission; • Factors that might affect or undermine public trust or public confidence in the city's impartiality or interfere with the efficient delivery of services or operations,including, but not limited to,the existence of, or possibility for, conflicts of interest between the sponsor and city officers,employees,or city affiliates;the potential for the sponsorship City of Elk River Sponsorship Policy Page I 4 to tarnish the city's reputation or standing, or the potential to otherwise impair the ability to govern,or distract the city and its officers and employees from its mission. VIII. POTENTIALLY ACCEPTABLE RECOGNITION MESSAGE FORMATS Generally used forms of branding and advertising including,but not limited to,those set forth below,are generally consistent with this policy: • Park and building naming rights,as approved by department policy and City Council; • Field and portions of building naming rights,in accordance with this policy; • Signage including: o Fencing fabric and/or fence signage o Light pole and building banners o Certain interior walls • Scoreboards; • Advertising boards at Ice Arena; • PA audio and visual messages; • Inclusion on printed materials of the city; • Inclusion on city-maintained facility web pages; • Inclusion on bulletin boards; • Inclusion on information kiosks; • Inclusion on pavers or other similar permanent fixtures; • TV Shows; • Inclusion in or on a facility or service marketing and promotional materials,items,and messages (including electronic messages,new media and other forms of communication that may arise in the future). IX. PERMISSABLE RECOGNITION MESSAGES Sponsorship recognition messages may identify the sponsor or product,including the use of sponsor or product logos and marks,but should not promote or endorse the sponsor or its products or services.Except as otherwise permitted herein,statements that advocate, contain price information or an indication of associated savings or value,request a response, or contain comparative or qualitative descriptions of products, services, or organizations will not be accepted. Other proposed forms of sponsorship recognition messages,other signage and other visible advertising will be considered on a case by case basis,consistent with this policy. X. FACILITIES AND SERVICES FOR WHICH SPONSORSHIP IS PROHIBITED Naming of facilities already named must be reviewed and approved by the department head, if there is an applicable department policy regarding naming of city-owned property and by City Council. City of Elk River Sponsorship Policy Page 5 XI. OTHER POTENTIALLY ACCEPTABLE SPONSOR OPPORTUNITIES Potential sponsor opportunities that are more interactive than the permissible recognition messages described above may also be permissible for certain facilities or services under this policy. These include,but are not limited to: ■ Give away items,coupons,or other sponsor related marketing materials; • Event booth space; • Contests, drawings or other activities that request a response. XII. SPONSORSHIP AGREEMENT Upon approval of an offer of sponsorship,the sponsor and city shall enter into a sponsorship agreement.A standard procedure should set forth a standard form and other matters related to sponsorship, such as a rate chart,payment terms,`sponsorship activation' checklist and schedule. The city will not make any statements thatcl,irectly or indirectly advocate or endorse a sponsor,their products,or services. No materials or communications,including,but giftlimited to print,video,internet, broadcast,or display items developed to promote of communicate the sponsorship using City's name,marks,or logo,may be issued without written approval from the City Administrator or designee(s). XIII. APPEAL PR, CESS A Level 3 or Level 4offer of sponsorship that is denied by a department director,or their designee, may be appealed to the Administrator.A Level 2 offer of sponsorship that is denied the Administrator or their designee,may be appealed to the City Council.The City Council's decision shallfinal City of Elk River Sponsorship Policy Page I6 Parks & Facilities Naming Policy Purpose: The purpose of this policy is to establish a systematic and consistent approach for the official naming of parks and recreation areas and facilities. Objectives: • Ensure that parks,recreational areas and facilities are easily identified&located. • Ensure that given names to parks,recreational area and facilities are consistent with the values and character of the area or neighborhood served. • Encourage public participation in the naming,renaming and dedication of parks,recreation areas and facilities. • Encourages the dedication of lands, facilities,donations or sponsorship agreements by individuals and/or groups., Definition: Parks,recreation areas and facilities—includes all property assets under the City's ownership and the Parks and Recreation Department control including buildings, structures,open spaces,public parks, natural areas,wetlands,environmental habitat and land. Naming Criteria Priorities to be considered in naming all city facilities,including parks and recreation facilities (in order of importance) shall be as follows: A. Historic Names. Names of historic events,groups,organizations,or persons at the local, regional, or national level of major significance with special consideration given to Elk River's own history. B. Places and Feature Names. 1. Recognizable area or neighborhood. Names that aid in locating a facility are acceptable. If the facility is located on a park or school site, the facility need not share the name of the park or school site. 2. Assumed Names. Assumed names should be used only if the area has been known by that assumed name for an extended period of time. For example, the parcel of land known for decades as `Bailey Point,"located near downtown at the south end of Morton Avenue at the confluence of the Mississippi and Elk Rivers. 3. Natural Features. Natural features, such as rivers,creeks and terrain. 4. Horticultural Features. Horticultural features characteristic of a particular area. C. Individual, Groups or Organizations. The following criteria will be used in evaluating the use of names of persons (whether living or deceased),groups and organizations. 1. General Criteria. Names of persons,groups or organizations having a longstanding affiliation with the City of ten (10) or more years of significant community service,involvement or contributions beyond the ordinary interest level whose efforts have: a. Enhanced the quality of life and well-being of city residents; b. Contributed to the preservation of the city's history or culture; c. Made exemplary or meritorious contributions to the city or its residents; or d. Contributed to the acquisition,development,or conveyance of land, buildings, structures or other amenities to the city or community. 2. Deceased Persons. To be considered for a naming opportunity,the individual must have been deceased for at least two (2) years. Such individuals may include: a. Historic persons. b. National and/or local heroes. Those who have given outstanding service to mankind or who have worked over and above any ordinary interest level. An Elk River area resident,who has attained local,state or national recognition for parks and recreation work or work in the areas of public safety or public health,as appropriate to the facility,would be highly acceptable. 3. Living Persons. Facilities may be named after living persons only after a study has been completed relative to the individual's background and qualifications pursuant to the criteria in this policy. 4. Groups and Organizations. Facilities may be named after groups or organizations pursuant to the criteria set forth in this policy or groups and organizations that wish to pursue a sponsorship agreement with the City of Elk River at a city owned asset under control of the Parks and Recreation department.: 2 FACT_i?P`7'ION: The exception to this policy in its entirety is a sponsorship agreement entered into between the city and a group or organization for a section within a city owned property asset under control of the Parks and Recreation department, such as a concession stand,ice sheet,ballfield, Rivers Edge Commons upper plaza,multi-purpose room, etc. Procedure: A. Naming of Parks. Recreation Areas and Facilities 1. A request for naming of a park,recreation area or facility shall be submitted in writing to the Parks and Recreation Commission,through the Parks and Recreation Department. 2. Those submitting a naming request should show how the proposed name is consistent with the criteria stated in this policy. When naming after a person or persons,the application will describe the contributions to the city. Written documentation of approval by next of kin to be honored (if available/possible) is required as part of the proposal. City staff will review the proposal for adherence to the stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to the Parks and Recreation Commission. If the request is incomplete, staff will contact the applicant,in writing,and provide them with the opportunity to resubmit a revised request. 3. The Parks and Recreation Commission will offer the opportunity for public input on the proposed naming. A notice requesting a public meeting for naming of a park,recreation area or facility shall be posted and published in the city's official newspaper at least 10 days prior to the meeting. 4. The Parks and Recreation Commission shall forward their recommendation to City Council for final decision. 5. The Parks and Recreation Commission can initiate the naming process whenever deemed necessary and/or in the best interest of the city. 6. In the absence of any naming requests,the Parks Recreation and Commission shall adhere to criteria stated in this policy in recommendation of name. B. Renaming of Parks. Recreation Areas and Facilities Renaming of parks,recreation areas and facilities carries with it a much greater burden of process compared to initial naming. Tradition and continuity of name and community identification are important community values. Each application must meet the criteria in this policy,but meeting all criteria does not ensure renaming. 3 1. A request for renaming of a park,recreational area or facility shall be submitted in writing to the Parks and Recreation Commission,through the Parks and Recreation Depaihnent. 2. The request shall include the proposed name change,the purpose of the change, and how the proposed name change is consistent with the criteria established. When renaming after a person or persons,the application will describe the contributions to the city. Written documentation approval by next of kin to be honored (if available/possible) is required as part of the proposal. City staff will review the proposal for adherence to the stated criteria and authentication of statements relative to contributions in the case of an individual before forwarding to the Parks and Recreation Commission. If the request is incomplete, staff will contact the applicant,in writing,and provide them with the opportunity to resubmit a revised request. 3. The recognized Neighborhood Association will be notified of the proposal when the Parks and Recreation Department receive a complete application. 4. The Parks and Recreation Commission will offer the opportunity for public input on the proposed naming. A notice requesting a public meeting for naming of a park,recreation area or facility shall be posted and published in the city's official newspaper at least 10 days prior to the meeting. 5. The Parks and Recreation Commission shall forward their recommendation to City Council for final decision. 4 Parks and Recreation Donation Policy Standards Purpose: The purpose of this policy is to establish guidelines,standards,and procedures for the installation and care of park and recreation donations (donations)whether cash or physical property. This relates to,but not limited to: • Land • Park benches • Trees • Picnic tables • Plaques • Bicycle racks • Monuments/sculptures • Drinking fountains • Interpretive Signage • Flags • Sports equipment • Lighting • Cash • Program Scholarships Flowers (annuals or perennials), shrubs,and bushes shall not be considered approved donations. Quality. The city and the community have an interest in ensuring that donations are high quality as related to style,appearance, durability,and ease of maintenance. Approval:All donations will be reviewed by city staff against this policy for compliance before forwarding the request to the Parks and Recreation Commission for recommendation and the City Council for action.All donations must be approved by the City Council as per State Statute. Cost. The donor shall cover the full cost(vendor price plus 15%) for the purchase and installation of the donation. Any additional costs by the city will be reviewed by the Parks and Recreation Commission prior to City Council action. Ownership: Donations become the property of the City of Elk River. Installation: The city will be the responsible party to install or oversee the installation of donations. Maintenance: The city will maintain the approved donations only for the expected life cycle of the donations. Volunteering for maintenance is encouraged and volunteers may maintain donations but need to be approved through the city volunteer program. Replacement The city will not be responsible for replacing any donation if it is stolen, vandalized,destroyed,or it has exceeded its life cycle period. Decorations: Donations may not be decorated with portraits,ornaments, flags, figurines,or other decorations. Criteria for acceptance Park Plan: Donations must follow the approved park plan. If a plan does not exist,the donor must propose the placement of the donations under these conditions: 1. Provides a legitimate benefit, 2. Does not interfere with current or future use of the park facility,and 3. Does not require the relocation of other equipment or infrastructure to accommodate the donation. Hardscape Donations Installation: The installation of hardscape items such as,but not limited to,benches,signs, plaques, decks,and monuments may occur any time,weather permitting. Landscaping Donations Tree Selection: Tree species will be made from an approved list of trees provided and appropriately selected for the proposed location. The size will be based on the city ordinance landscaping section. For trees not based on the ordinance,the tree size will be reviewed by the Parks and Recreation Commission prior to City Council action. Tree Care: The city will be responsible for the care of the tree(s). Flowers: The planting,watering,weeding,mulching,and care of the bulbs and flowers will be the sole responsibility of the person(s) planting the flowers. If bulbs or flowers are planted with a tree,they need to be planted in the mulch at the base of the tree. All bulbs and flowers must be approved before planting. If not properly maintained,the city can remove the plantings at any time. Donation Plaques Material: If a standalone plaque is desired as part of a donation,it must be bronze and purchased through the City of Elk River,using an approved vendor to ensure the highest quality,life,and durability. For plaques that are attached to a donation,the plaque must be supplied by the vendor supplying the donation and shall be approved by the city. Content The city must approve all text and graphics on plaques associated with a donation. Site: The size of the memorial plaques shall be approved by city staff. Tree donation plaques will be a maximum 6 x 9 inches in size and mounted in concrete flush to the ground at the base of the tree donation. Memorial Statutes, Fountains, Plazas, Observation Decks, Gardens, etc. To the extent that projects of this nature are consistent with park planning processes,they may be considered on a case-by-case basis. They need to be recommended by the Parks and Recreation Commission. Final action will need to be by the City Council. Donors may contact the Parks and Recreation Director to discuss their ideas. All costs associated with the construction and installation of such memorials will be the responsibility of the donor. The expected life cycle of the type of donation will need to be agreed upon by the donor and the city. Tax Deduction Donations to the city are typically tax deductible. Please consult with your tax advisor.