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Parks, Recreation & Forestry Advisory Board

Regular Meeting

Spearfish, SD · August 18, 2022

AgendaMinutes

Minutes

Parks, Recreation, & Forestry Advisory Board – MINUTES Thursday, August 18th, 2022, City Council Chambers 7:30 A.M. The meeting was held in the Council Chambers and is available on Zoom: https://us02web.zoom.us/rec/share/lxr7PHEd7IsglcEUqs6bCYLNSJYLbVcFOwWePpppKV- qd_w6wkBGY2KQJFvMozQG.tdnBXbGbNb4L86HP CALL TO ORDER 7:31 A.M. ROLL CALL In attendance were Dardis, Reth, Weigel, Neilson, Holden, Clark, and Caldwell. Also in attendance were City Administrator McFarland, P&R Director Ehnes, SRAC Facility Superintendent Rauterkus, Parks Maintenance Superintendent McDonald, City Attorney McDonald, and Administrative Assistant Heiting. Absent Coburn, Running, and Griffith. DECLARATION OF ANY POTENTIAL CONFLICTS OF INTEREST No conflicts of interest were declared. APPROVAL OF AGENDA Caldwell moved, Weigel seconded, and all voted to approve the agenda. APPROVAL OF MINUTES Caldwell moved, Reth seconded, and all voted to approve the minutes of the June 16th, 2022, meeting. PUBLIC COMMENT Public comment was opened at 7:33, with no public comment received. ITEMS FROM VISITORS (Policy Note: Visitors are limited to 5 minutes of presentation followed by questions)  Discuss the potential to renovate the rocket ship playground feature at Evans Park. o Lynn Ensor who is a resident of Spearfish and resides close to Evans Park is concerned about the proposed removal of the current playground equipment located at Evan’s Park. Mrs. Ensor expressed that she understands that it no longer meets the current safety guidelines, but due to the age and history of the rocket ship she would like to see the equipment brought to current safety standards instead of being demolished. o Mrs. Ensor has spent many hours researching the history of the rocket ship and has been able to contact experts from all around the United States. During her research, she was able to present playground renovations from different areas that have been renovated and are on display. o Neilson questioned how much money was placed in the budget for a new playground. Ehnes explained that $350,00.00 has been requested in the budget to replace the equipment at Evan’s Park as well as Heritage Park. o Weigel questioned if Mrs. Ensor has researched any restoration grants that would assist in the restoration of the playground. Mrs. Ensor stated that she has done some Next Meeting – September 15th, 2022, 7:30 A.M. Council Chambers Parks, Recreation, & Forestry Advisory Board – MINUTES Thursday, August 18th, 2022, City Council Chambers 7:30 A.M. research, and there is a lot of funding available to help assist with the cost if the City chooses to restore and add to current equipment. o Reth stated that she is in favor of saving the rocket ship but would like to know what the cost of the renovation would be. Mrs. Ensor stated she would be willing to contact professionals for assistance in determining recommended renovations and an estimated cost. o Dardis requested that Mrs. Ensor return during the September meeting to review the cost and provide more information. Ehnes explained that he will need to contact the insurance company and verify that insurance will continue to insure the property once the renovation is completed. o Clark questioned if the pipes are splitting due to water being retained and freezing during the winter months. Mrs. Ensor stated that could be possible, and a more in- depth analysis will be made during the restoration process, and everything will be inspected for any defects and repaired at that time. OLD BUSINESS Board Items  Question and answer session on August staff update. o Caldwell questioned when the Art Walk Project is scheduled to be completed. Ehnes explained that to start the Art Walk Project, the Rec Path would need to be completed. Currently, construction is in progress and is on schedule to be completed this fall or early next Spring. Matthews Opera House will oversee completing the Art Walk Project. o Neilson questioned any changes with the drainage at the Sportsplex. Ehnes stated that he spoke with the project manager, Assistant Public Works Director Adam McMahon, and the recent DANR inspection went well. o Neilson questioned if a bike path would be installed during construction on Colorado Blvd. Ehnes explained that there have been multiple discussions on future planning but no official plan. NEW BUSINESS Director Items  Recommend approval of an MOU with the Northern Hills Hockey Association for use of the Madison Ice Rink. o Mark Kazmer and Garrett Petrik discussed their goal of bringing the sport of hockey to Spearfish. The hockey association has a long-term goal to be able to have an indoor facility. Due to not having an existing facility, creating a program to help obtain the financial funds to build an indoor facility is not possible at this time. The short-term Next Meeting – September 15th, 2022, 7:30 A.M. Council Chambers Parks, Recreation, & Forestry Advisory Board – MINUTES Thursday, August 18th, 2022, City Council Chambers 7:30 A.M. goal is to obtain space for an outdoor rink and start building the program. Petrik explained that currently, they have some ice time reserved in Rapid City so that they can introduce the sport to the children and start developing and creating awareness of the program. The hockey board has spent time inventorying equipment to loan out to the youth, as well as transportation for those children that need it. Board members are currently getting coach certified to coach local kids. o Petrik stated that due to difficulties securing land, the association is requesting time to use the outdoor rink located in the campground to assist in allowing the children to have some hometown playtime versus having to consistently travel while building the program up. Kazmer stated that he understands that insurance is needed, and he has been in contact with the association’s insurance agent, and they can obtain proper insurance. o Neilson questioned if it would be taking away time from the general public. Ehnes stated that yes it would take time away, as it is used frequently. Ehnes stated that the MOU states that the time slot would be from 8:00 AM-10:00 AM every Saturday. The hockey association would be responsible for upkeep and snow removal during the morning hours. o Neilson moved, Holden seconded, and all voted to recommend the approval of the MOU. FYI ITEMS  Skate Park Committee is in the final stages of formulating its recommendation to the board. o Ehnes discussed the progress that has been made thus far and the process forward. o The recommendation will be coming forward in September for board consideration.  The last day of water park operations will be September 5th.  Dog Days at the water park will be on September 6th from 5:00 PM-8:00 PM  The gym will be closed from August 15th-21st for resurfacing.  Disc Golf State Championships will be held at the disc golf course from August 20th-21st. o McDonald explained there will be a state tournament of approximately 100 participants attending. The parks department has partnered with the disc golf association in providing woodchips and mowing. o The gates on south Canyon St. are currently closed to the campground. Beginning Friday morning the north gate will be closed, and the South gate will be open. The signs will be displayed on gates to allow guests to be informed. o Neilson questioned the Leading Ladies Marathon that will be held on Sunday. Ehnes explained that it has been reviewed and plans have been placed to avoid conflict with the disc golf tournament. Next Meeting – September 15th, 2022, 7:30 A.M. Council Chambers Parks, Recreation, & Forestry Advisory Board – MINUTES Thursday, August 18th, 2022, City Council Chambers 7:30 A.M. o City Administrator McFarland informed the board that there is currently a drilling company that is wanting to drill in the hills for gold. Attorney McDonald stated that there is an opportunity for public comment on the project. ADJOURNMENT Reth moved, Holden seconded, and all voted to adjourn at 8:48 AM Next Meeting – September 15th, 2022, 7:30 A.M. Council Chambers

Agenda

Parks, Recreation, & Forestry Advisory Board – AGENDA Thursday, August 18th , 2022 City Council Chambers 7:30 A.M. City Spearfish is inviting you to a scheduled Zoom meeting. Topic: Parks, Recreation, & Forestry Advisory Board Time: Aug 18, 2022 07:30 AM Mountain Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/89439152666 Meeting ID: 894 3915 2666 One tap mobile +16694449171,,89439152666# US +16699009128,,89439152666# US (San Jose) Dial by your location +1 669 444 9171 US +1 669 900 9128 US (San Jose) +1 253 215 8782 US (Tacoma) +1 346 248 7799 US (Houston) +1 646 558 8656 US (New York) +1 646 931 3860 US +1 301 715 8592 US (Washington DC) +1 312 626 6799 US (Chicago) +1 386 347 5053 US +1 564 217 2000 US Meeting ID: 894 3915 2666 Find your local number: https://us02web.zoom.us/u/kepLcxyRqX CALL TO ORDER ROLL CALL DECLARATION OF ANY POTENTIAL CONFLICTS OF INTEREST APPROVAL OF AGENDA APPROVAL OF MINUTES PUBLIC COMMENT Next Meeting – September 15th , 2022, 7:30 A.M. Council Chambers Parks, Recreation, & Forestry Advisory Board – AGENDA Thursday, August 18th , 2022 City Council Chambers 7:30 A.M. ITEMS FROM VISITORS (Policy Note: Visitors are limited to 5 minutes of presentation followed by questions) • Discuss the potential to renovate the rocket ship playground feature at Evans Park. OLD BUSINESS Board Items • Question and answer session on August staff update. NEW BUSINESS Director Items • Recommend approval of an MOU with the Northern Hills Hockey Association for use of the Madison Ice Rink. FYI ITEMS • Skate Park Committee is in the final stages of formulating their recommendation to the board. Recommendation will be coming forward in September for board consideration. • Last day of water park operations will be September 5th. • Dog Days at the water park will be September 6th. • Gym will be closed from August 15th-21st for resurfacing. • Disc Golf State Championships will be held at the disc golf course August 20th-21st. ADJOURNMENT Next Meeting – September 15th , 2022, 7:30 A.M. Council Chambers Parks, Recreation, & Forestry Advisory Board – MINUTES Thursday, June 16th, 2022 Council Chambers 7:30 A.M. The meeting was held in the Council Chambers and is available on Zoom: Topic: June Park, Rec, and Forestry Advisory Board Meeting Date: Jun 16, 2022, 07:28 AM Mountain Time (US and Canada) Meeting Recording: https://us02web.zoom.us/rec/share/iGqmyvfLq8qIWihrVbPXSggv7_9VbodSLmHxACnchLNLWwhuz2 Q6tP-ejFvHKc_b.fI4nPzIieIb8UovN CALL TO ORDER AT 7:30 A.M. ROLL CALL In attendance were, Caldwell, Coburn, Dardis, Griffith, Holden, Neilson, Reth, Running, Weigel, and Clark. P & R Director Ehnes, SRAC Facility Superintendent Rauterkus, Parks Maintenance Superintendent McDonald, City attorney McDonald, and Administrative Assistant Heiting. DECLARATION OF ANY POTENTIAL CONFLICTS OF INTEREST No Conflicts of interest were declared. APPROVAL OF AGENDA Caldwell moved, Dardis seconded, and all voted to approve the agenda as presented. APPROVAL OF MINUTES Coburn moved, Reth seconded, and all voted to approve the minutes of the May 19th, 2022, meeting. PUBLIC COMMENT Public comment was opened at 7:32 AM and no comments were received. ITEMS FROM VISITORS (Policy Note: Visitors are limited to 5 minutes of presentation followed by questions) • Parks and Forestry o Josh Larson who is a Community Forester with the state of South Dakota Agriculture Department was present to present the City of Spearfish with a Growth Award. Josh explained that the City of Spearfish has been part of the Tree City USA program for 38 years. o Superintendent McDonald explained that while discussing the Emerald Ash born plan it is important to be able to track tree inventory, as well as understand the composition of the different trees within our urban canopy. The tree inventory is vital to be able to identify and plan. Using computer software, the GPS allows “in the field” ability to track all trees that are planted, document newly planted trees, as well as the Next Meeting – July 21st, 2022 7:30 A.M. Council Chambers Parks, Recreation, & Forestry Advisory Board – MINUTES Thursday, June 16th, 2022 Council Chambers 7:30 A.M. ability to document any defects, and specify why trees were removed. The City of Spearfish received a grant to hire an intern to dedicate the time to perform the tree inventory and have the ability to identify trees and document the urban forest. o The new urban forest growth award sign will be placed on Colorado Blvd at the intersection of spearfish Canyon, Exit 12, and North Avenue. OLD BUSINESS Board Items • Question and answer session on the June Staff update o Caldwell questioned moving the sportsplex MOU forward one year and the ability to use BHSU facilities one more year for adult softball.  Ehnes explained that the sportsplex progress will affect the ability to play on the field due to the turf grass seed not being planted.  Griffith questioned if the field would be available to play on next fall, Ehnes explained due to the low success rate with fall seeding, the fields would need to be seeded next spring and the fields will not be available for play next year.  Clark questioned what would happen to the soil without seeding, Ehnes explained that there are different options available. Option 1 would be a cover crop would be planted. Option 2, leave it alone and let the weeds cover the dirt, 3rd option would be laying certified compost over the soil. Ehnes explained that it would be best at this time to place a cover crop of wheat, oats, and rye, as this would allow for a root system to form helping prevent erosion before next year’s spring seeding. o Ehnes explained that the skate park committee has met and toured the potential locations for the skate park. Locations that were toured were the sandlot located behind Jorgensen Park, Spartan Park, Nevada Trail Head, and Winterville. Ehnes explained now that there have been some locations narrowed down, he would like to come back in October with funding, non-profit status, and location, with the intent to start applying for grants this fall. o Caldwell questioned the location of McLaughlin Sawmill, Ehnes stated that due to the location being a distance out of town, as well as being zoned as heavy industrial this location would not be a good fit. TOUR Several members of the board, as well as some staff members, toured the construction site of the new complex. Next Meeting – July 21st, 2022 7:30 A.M. Council Chambers Parks, Recreation, & Forestry Advisory Board – MINUTES Thursday, June 16th, 2022 Council Chambers 7:30 A.M. ADJOURNMENT Wiegel moved, Coburn seconded and all voted to adjourn at 8:45 AM. Next Meeting – July 21st, 2022 7:30 A.M. Council Chambers August Park, Rec, and Forestry Advisory Board Update Director Update: Exit 8 Rec Path Expansion: Construction of phase 1 of the rec path is going well. They have installed a retaining wall and have laid a good majority of the path. This project is on schedule and should be completed this fall. Phase 2 bid opening was held on July 20th. The low bid came in over 30% higher than the engineer’s estimate. Due to that cost, the City Council along with the SDDOT rejected the bid. This project will be rebid next year. I recently submitted the letter of intent for phase 3 of the rec path to the South Dakota Department of Transportation. The cost estimate for that phase is expected to be over $800,000 and includes the work on the Exit 8 underpass. We are requesting $600,000 in grants for this phase. The grant application is due October 1st. Sports Complex The sports complex is starting to take shape. The contractor is now working on vertical construction (fences, lights, buildings, etc.) Asphalting of the parking lots is complete and much of the structural infrastructure is now being worked on. The contractor has laid down the topsoil in preparation for fall seeding. The maintenance building construction is set to begin in September with completion set for January. I have been working with our Assistant Public Works Director Adam McMahon and our consultant to get a bid package for Phase 2 put together. Phase 2 of the sports complex will include a playground, small restroom, wayfinding, shade structures, and an additional picnic shelter. This bid package went out last week and the bid opening will be August 29th. The completion of phase 2 is set for October of 2023. We anticipate the complex will be open for play in the spring of 2024. Bandshell The bandshell preliminary design has been completed and an initial cost estimate of $648,065.29. I have met with Zach Eixenberger with Spread the Tunes to discuss the path forward. This project will be a partnership between STT and the City, and I plan on applying for grant funds to help fund the project. Zach presented last month to the PRF Board and presented to the City Council. He would like it to be put in the 2023 budget. After working through the budgeting process, it was decided to leave this out of the 2023 budget due to the large number of capital projects already taking place in the department in 2023. I will apply for grants next year and place it in the 2024 budget. August Park, Rec, and Forestry Advisory Board Update Skate Park The progress on the skate park is going well. At our July meeting, we invited Mike Stahl, the former City Administrator in Lead and currently the head of that project. He gave us some great insight into the process he used as well as some possible funding opportunities that we may be able to go after. Former PRF Board member Nancy Hall has agreed to help write grants for us. Kara and Diana will be heading up the fundraising portion of the project and I will work with the skating community to design an RFP that meets their needs. We will be meeting in August with a representative from the American Ramp Company. He will be giving us insight into the design process as well as tips for location selection. The committee hopes to have its recommendation formulated to present to the full board no later than the September meeting. AARP Grant We received word that we were awarded just over $15,000 from AARP to complete a wayfinding and traffic calming project on the rec path from the City Park to Salem Park. We will have until November 30th to complete the project which will include new, updated signage, mapping kiosk, upgraded crosswalks, and safer crossings on Grant St. and Nash St. Due to the success of that grant, another organization in town would like to fund the rest of the project from Salem Park north through Evans Park and from City Park out to Exit 14. Hockey MOU I have been working with several members of the Northern Hills Hockey Association to come up with a plan to try and get organized hockey in Spearfish. Some long-term plans are being worked on, but in the short term, I will be writing an MOU that will give them a small amount of time on the City’s ice rink down in the campground. That MOU will be presented to the board at our August or September meeting. Budgets I am through with my initial budget preparations for 2023 and presented my requests to City Council on August 10th. Thanks to the help of the budgeting committee, the capital improvement side of the budget was fairly easy to manage. Because of the work that has been done with the CIP plan, the parks, and rec master plan, and some staff planning that I have done, I feel the department is in a good position moving forward As of now, the department is requesting $2.4 million in capital improvement projects, most of that being Phase 2 and 3 of the rec path. Additionally, I will be requesting $1.6 Million for phase 2 of the Sky Ridge SportsPlex. Our operational budget has gone up considerably with the addition of new staff positions along with large increases in utilities and August Park, Rec, and Forestry Advisory Board Update expenses to care for Sky Ridge. Overall, the City’s budget continues to be healthy with increased revenues in the form of record sales tax and healthy fund balances. Other Projects I have a few other projects that I am working on. I am finalizing a design to replace the water system in the campground. We lose thousands of gallons of water each month to leaks in the current system. The design should be done soon and we will construct this in the future when the Public Works department replaces the main water line running down Canyon St. I am also working on a design for the construction of a new office and store for the campground. Parks Maintenance Superintendent Update 1. Festival in the Park a. Went very smoothly, thanks to our full-time and seasonal Parks staff and the volunteers from Lions Club and Kiwanis Club b. With the help of BHSU Sustainability program, we recycled i. 770 pounds of cardboard ii. Over 50 pounds of aluminum cans 2. AARP Rec Path wayfaring project a. All materials have been ordered and have shipped or will ship soon b. Getting quotes from local contractors for the concrete portion of the project c. Hoping to have a volunteer workday in either late August or September 3. Lookout Mountain summit sign a. Parks staff placed a marker at the summit of Lookout Mountain, similar to the sign on top of Crow Peak 4. Pickleball resurfacing a. We will continue to fix it as time and weather allow 5. Sandstone irrigation project August Park, Rec, and Forestry Advisory Board Update a. Fixing broken irrigation line under Rec Path along entrance road while the road is torn up for construction 6. Lookout trail maintenance a. Parks staff have been string trimming along every trail on Lookout Mountain b. Almost completely done 7. Branch pickup north of Jorgensen along Spearfish Creek a. Downed branches from the October snowstorm were piled up by Ainsworth Benning during an Adopt-A-Park clean-up event and then chipped/hauled out by Parks staff 8. Disc Golf projects a. Spearfish is hosting the SD State Championships during the weekend of 8/20 b. Parks staff have been working with the Spearfish Disc Golf Association to complete a variety of maintenance tasks in preparation 9. Rusty Wallace ride a. Spearfish City Park hosted the ride during Rally b. Parks staff worked with organizers from the Buffalo Chip to coordinate logistics Rec Center Facility Superintendent Update Memberships: • Our membership on 8-11-22 was 2,045. This is a decrease of 23 members from the last report. • We have 124 24-hour memberships. This number is not included in the above number since you must have an active regular membership to be eligible for the 24-hour membership. This is an increase of 7 memberships since the last report. August Park, Rec, and Forestry Advisory Board Update Indoor Day Passes: • Between July 14th and August 11th, we sold 349 adult day passes, 334 youth day passes, and 16 walking day passes. Averaging 24.5 per day, this is an increase of 5 per day since the last report. Waterpark: • Memberships and day pass sales: o We have sold 1455 waterpark memberships. 5 new memberships since the last report. o Between July 14th and August 11th we sold 10,484 waterpark day passes. This is an average of 362 per day. This is an increase of 54 passes per day since the last report. o We have had 10,864 membership scans for the average daily use of 375 members. This is an increase of 232 per day since the last report. o 20 members used the waterpark every day from July 14th to August 11th. We had one member scan 41 times in 29 days. They use both the morning lap swim and the open swim times. • Concessions: o Our top-selling item continues to be nachos. Since the last report, we have sold 1290 nachos averaging 45 nachos a day. This is an increase of 9 nachos a day. o Other top sellers since the last report include 1,082 Laffy Taffy Ropes, 1,168 Gummy Burgers, 730 Flavored Waters, 556 cups of Nacho Cheese, and 536 Ice Cream Sandwiches. • Point of Sale Totals: o Since July 14th we have sold 30,421 point-of-sale items. This includes all-day passes, concessions, and merchandise. These sales totaled $150,992.40. o Waterpark season to date we sold 65,008 point-of-sale items, totaling $319,977.15. • End of Season: o The last day of the season is Monday, September 5th. August Park, Rec, and Forestry Advisory Board Update o As lifeguard staff leave for the season we will be adjusting our capacity depending on the number of lifeguards each day. o All swim lessons are complete. • Waterpark hours: o Morning fitness swim 6:30 am-8:30 pm. Monday through Friday. o Member-only Swim 11:00 am-noon each day. o Open swim noon -7:00 pm each day. Rockwall: • We are working with Will Buckman who designed and built the wall to start some climbing classes this fall. • We have a family that has been volunteering on and off all summer to clean the holds and reset the routes. Staffing: • We hired Leighton Blanchard as our full-time Customer Service Assistant. • We hired Lorna Tisdall as our part-time Fitness Instructor. • We hired Kaylee Cormier as one of the two part-time Recreation Assistants. We are still in the interview process to hire the second Recreation Assistant. • We have a part-time Customer Service Assistant position and a part-time Maintenance position that will open in the next few weeks. • We are starting to lose seasonal staff. We will be looking at reduced capacities at the pool for the remainder of the season. We will set the capacity each day depending on the number of lifeguards for the day. We are also looking at having food trucks help with our concession needs late in the season as we lose Customer Service staff. Programming • Summer Rec program: August Park, Rec, and Forestry Advisory Board Update o Registration is still available. o Currently, there are 109 people registered. We are limited to 40 per day. o Activities are at Jorgenson Park and the Rec Center. o Field trips are on Wednesdays. o The last day of Summer Rec is Friday the 19th of August. • Youth football: o Registration is open. We offer 3rd / 4th-grade flag, and 5th / 6th-grade tackle football. The flag program is $25 per person, and the tackle program is $50 per person. Our season runs from late August through mid-October. • 5 on 5 Adult basketball League: o Registration is open. The season will be from September 22nd through November 15th. Most games are played on Thursdays. o This league is limited to 8 teams. • Date Night Daycare: o We provide daycare from 5:00 pm to 8:00 pm on select nights so parents can plan a date night. o This is limited to 9 kids. o The dates for this event are October 15th, November 12th, December 10th, January 14th, and February 11th. • Skate Nights: o We will offer Skate Night once a month starting in October. o The first several dates are October 7th, November 4th, December 2nd, January 6th, and February 3rd. August Park, Rec, and Forestry Advisory Board Update You Matter Mural: • Taylor Lage installed the next portion of the Mural in early August. The words YOU MATTER were installed on the east wall above the elevated walking track in the gym. This is the last section of this project. SPORTS F IELD M EMORANDUM OF AGREEMENT This memorandum will memorialize the agreement between the City of Spearfish (hereinafter the City”) and Northern Hills Amateur Hockey Association (hereinafter the “Organization”) concerning the use and maintenance of the following City -owned property: Madison Ice Rink (hereinafter referred to as the “Facility”). In exchange for the City making the Facility available for the Organization’s use, th e parties agree to share certain maintenance and other responsibilities as set forth on the attached “Exhibit A” and to otherwise comply with the terms and conditions of this agreement. 1. Term and Renewal. The term of this agreement is for one (1) year, commencing on the ___ day of _______, 2022. Unless terminated as provided for herein, this agreement shall automatically renew each year for an additional one -year term on the same terms and conditions contained herein. 2. Termination. Each party shall have the right to terminate this agreement, for any reason or no reason, by giving thirty (30) days’ written notice to the other party. In the event the Organization fails to comply with any of the terms or conditions of this agreement and fails to correct such violation within a reasonable time following notice thereof, the City may terminate this agreement immediately and without prior notice. 3. Compliance. The Organization agrees to comply with all federal, state, and local laws, regulations, ordinances, guidelines, permits, and requirements concerning its use of the Facility, and the Organization will be solely responsible for obtaining current information on such requirements. 4. Supervision. The Organization represents that its use of the Facility will be supervised by adequately trained personnel and that the Organization will observe, and 1 cause its participants and guests to observe, all safety rules for the Facility and the activity. The Organization acknowledges that the City has no duty to and will not provide supervision of its activities. 5. Release. The Organization hereby expressly waives and releases any and all claims, now known or hereafter discovered, against the City and its officers, directors, and employees on account of any injury, death, or property damage arising out of or attributable to any activity undertaken at the Facility related to the Organization’s use of the Facility. The Organization agrees not to make or bring any such claim against the City and forever releases and discharges the City from liability under such claims. The Organization expressly assumes full responsibility for any and all damages or injuries which may result to any person or property by reason of or in connection with the use of the Facility and agrees to pay the City for all damages caused to the Facility resulting from the Organization’s use of the Facility. 6. Indemnification and Hold Harmless. The Organization agrees to indemnify and hold the City and its officers, agents, and employees harmless from and against any and all actions, suits, damages, liability, or other proceedings that may arise as the result of the Organization’s use of the Facility. However, this section does not require the Organization to be responsible for or to defend against claims or damages arisi ng solely from errors or omissions of the City or its officers, agents, or employees. 7. Insurance. The Organization shall maintain occurrence-based commercial general liability insurance or equivalent form with a limit of not less than $1,000,000 for each occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no less than two times the occurrence limit. Such insurance shall add the City and its employees as additional insureds. The Organization shall provide a certificate of insurance for the required insurance to the City. The required insurance shall not be cancelled without at least 30 days’ prior written notice to the City. 8. Claims, Liens, and Encumbrances. The Organization shall not permit the filing of any claims, liens, or encumbrances on the Facility. 9. Amendment. The terms of this agreement may be modified only in a writing signed by the parties. The City of Spearfish Park and Rec Director or his or her authorized designee, is hereby authorized to modify the terms of Exhibit A on behalf of the City 2 and to modify other provisions of this agreement with the prior approval of the City Attorney. 10. Financial Obligations. It is specifically understood and agreed that this Agreement is binding upon the parties only if each year’s financial obligations are approved and authorized by the Spearfish City Council. If at any time during the term of this Agreement, the Spearfish City Council fails or refuses to approve or authorize the funds due hereunder for the following municipal fiscal year, then this Agreement shall terminate upon the end of the fiscal year for which funds were approved and authorized. Such termination shall be without penalty to either party. (Separate signature page follows) 3 C ITY OF SPEARFISH By: __________________________ (Seal) John Senden, Its Mayor Attest: ______________________________ Michelle DeNeui, Finance Officer NORTHERN H ILLS A MATEUR HOCKEY ASSOCIATION _______________________________ Print Name _______________________________ Signature 4 “EXHIBIT A” TO SPORTS FIELD MEMORANDUM OF AGREEMENT 1. The City of Spearfish owns and operates the property known as the “Madison Ice Rink” located within the following legal description: Pt of NW¼SE¼, Section 15, T6N, R2E, City of Spearfish, Lawrence County, South Dakota. 2. Operation and maintenance agreements between the City and the Organization are set forth below: a. The use of the Facility will be solely for practice. The Organization may only use the Facility on Saturday mornings from 8:00 A.M. to 10:00 A.M. No games, tournaments, or other events will be allowed on the Facility. Any other event the Organization would like to host outside of a regularly scheduled practice must be communicated and approved by the Director of Parks and Recreation or Parks Maintenance Superintendent. b. The City will be responsible for constructing and deconstructing the ice rink structure each year. The City will construct and flood the ice rink only as temperatures permit. The City at its sole discretion has the right to open and close the ice rink depending on weather conditions and rink conditions. c. The City will provide garbage service containers and pay disposal costs to include: 30-gallon garbage containers and garbage can liners for 30-gallon containers. d. The City will provide a portable restroom and contract to clean and empty the restroom on an as-needed basis. e. The City will provide snow removal of the rink and parking area as well as rink maintenance on an as-needed basis Monday-Friday 7:00 A.M.-3:30 P.M. as time and other snow removal priorities allow. Any snow removal or rink maintenance needing to be done after hours or on the weekends will be the sole responsibility of the Organization. Only snow removal equipment approved by the Director of Parks and Recreation or Parks Maintenance Superintendent will be allowed. f. The Organization will provide, maintain, and repair equipment such as sticks, goals, pads, etc. Goals are to be removed from the rink after the Organization is finished using the Facility. Storage of goals and equipment can be coordinated with the City. g. The Organization will be responsible for garbage and litter pickup of the rink, parking areas, 5 and spectator areas after each practice. h. The Organization will be responsible for skimming and repairing the ice following all practices. Coordination can be made with the City to obtain access to water to skim and repair the rink. i. The Organization will be responsible for scheduling all practices with the City’s designated recreation coordinator and arranging and paying for coaches and officials as needed. Schedules of practice must be submitted to the City before the start of the season(s). If a schedule is not submitted before the start of the season, rink access cannot be guaranteed. j. The Organization agrees to have and implement a Code of Conduct to help assure the conduct of all participants in youth sports, especially athletes, parents, and coaches. k. The Organization understands that the facility is substance-free at all times. l. The Organization shall designate one (1) person and one (1) alternate to serve as the contact person. m. The Organization will also be responsible for providing the City with updated copies of the governing board's contact information, budget reports, and current copy of the Organization’s insurance policy. 3. In the event that the Organization does not adhere to the conditions outlined in this MOU, the City will give the Organization 72 hr notice to comply. In the event that the City must cover the Organization’s obligations, the Organization will be billed in accordance with the established fee resolution. If this becomes common practice, the Organization will lose Facility rights. 6

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