HomeMy WebLinkAbout11-92FEBRUARY 22, 2011 11 -92 RESOLUTION
(CARRIED LOST LAID OVER X WITHDRAWN )
UNTIL 3/8/2011
PURPOSE: APPROVE GIFT POLICY
INITIATED BY: CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached
Gift Policy, is hereby approved and said City officials are authorized and directed to take
those steps necessary to implement the terms and conditions of this policy.
CITY HALL
215 Church Avenue
P.O. Box 1130
C7shkn 54�;;S30 City of Oshkosh
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Of HKC)JH
TO: Honorable Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: February 11, 2011
RE: Gift Policy
BACKGROUND
The City of Oshkosh has been the recipient of many generous gifts and
donations. Many of the City's departments accept gifts and donations and in
some cases, particularly with larger gifts or gifts related to new public structures
or programs, items are brought forward for Council approval. By statute, certain
items, such as gifts of property for a park or gifts involving the location of a statue
or memorial, must be recommended by the Plan Commission and accepted by
Council. However, there is no formal policy governing the acceptance of gifts
and donations outside of the Oshkosh Public Museum and the Oshkosh Public
Library which both have gift policies that have been adopted by their governing
boards.
The City Council had requested staff draft a gift policy for the City of Oshkosh to
establish a standard process for the review of gifts to the City, including review of
the costs related to acceptance, maintenance, and establishment of criteria to
guide that review process. The policy was also intended to establish a process
to ensure review by appropriate boards or commissions for new programs,
acquisitions and/or structures and an opportunity for the public to provide input
on proposed gifts and donations. In addition, the policy provides guidelines for
non - commercial requests to name public property or facilities.
A draft policy was sent to the Council in December, 2010 and reviewed by the
City's Finance Committee and Advisory Parks Board at each of their regular
January business meetings. Based upon the input received, the policy has been
modified and will be brought before the Council for action at the. February 22,
2011 meeting.
0
Gift Policy Memo: 2/11/10: Page 2
ANALYSIS
The proposed policy would apply to all donations and gifts made to the City of
Oshkosh and any of its departments or divisions except for gifts or donations
made directly to the Oshkosh Public Museum and Oshkosh Public Library which
are done pursuant to their respective donation policies. The policy is intended to
apply only to gifts and donations and non - commercial requests to name public
property or facilities and is not intended to apply to any commercial relationships
such as naming rights or commercial sponsorships. The proposed policy is clear
that the City of Oshkosh retains the sole discretion whether to accept or reject
any proposed gift or donation.
The types of gifts and donations that have been received by the City in the past
vary greatly. .Recognizing this, the proposed policy establishes a general
process for the review of proposed gifts and donations and sets forth criteria to
form a basis for that review, but does recognize that individual circumstances
may arise which may justify variation from the strict terms of the policy.
The proposed policy breaks gifts and donations into three subcategories for
review: 1) Monetary Gifts and Gifts of Negotiable Securities; 2) Real Property;
and 3) Non- Monetary Gifts and Donations, except for Real Property.
Monetary Gifts and Gifts of Negotiable Securities
The first category is monetary gifts and gifts of negotiable securities, which may
generate a cash stream or be converted to cash relatively easily. The proposed
policy would allow the City Manager, or Department Heads upon his /her approval,
to accept any monetary gifts to be made for previously approved, established or
budgeted funds or capital campaigns. Similarly, if the gift is one of negotiable
securities, the policy authorizes the City Manager to accept such a donation
when acceptance is in accordance with applicable statutes and rules governing
municipal finance and investments and is either not subject to any conditions or
is in furtherance of an already approved, established, existing or budgeted fund,
item or donation.
For example, if someone donated $200 to support the purchase of flowers for the
city parks, that amount could be accepted by the City Manager or Director of
Parks since it is in support of an already existing program. If someone were to
designate the City as the recipient of their stock portfolio in their Will to be used
in support of the Senior Center's activities, that gift could also be accepted by the
City Manager and/or the Director of Senior Services in support of those programs.
Gift Policy Memo: 2/11/10: Page 3
Likewise, if someone gave an unconditional or undesignated donation to the City,
the City Manager or Department Heads could accept the amount to support
existing programs or services.
If a monetary gift or donation is made specifically for a new public improvement
project, memorial, work of art, tribute or new program, the policy specifies that
the review process will follow the procedures set forth in the policy as if the
donation being made was the actual improvement or program. For example, if
someone were to offer to donate $100,000 conditioned upon the construction of
a fountain within one of the city parks, that gift, although it is a cash gift, would be
reviewed as if it were a gift of the fountain itself.
Real Property
The second category of gifts and donations are gifts or donations of real property.
The proposed policy provides that any proposed gift or donation of real property
must be reviewed by the City Manager, who shall make recommendation to the
appropriate boards or commissions, the Plan Commission and the Common
Council. Gifts of real property must be reviewed for suitability of the intended use
or potential for resale; any conditions which may be placed upon the use of the
property 'by the donor, potential environmental concerns; the financial
implications of removing the property from the tax base; probable maintenance
costs and any other relevant information.
Non - Monetary Gifts and Donations, except for Real Property
The third category of gifts and donations are non- monetary gifts and donations,
except for gifts of real estate which are dealt with separately as described
outlined above. The proposed policy would allow the City Manager, or
Department Heads upon his /her approval, to accept donations of materials or
other items in support of previously approved, established, existing or budgeted
projects or which are typical for use in their department or division. A common
example of this is that the Director of Parks is specifically authorized to accept
donations of typical park amenities such as benches, replacement playground
and sports equipment, flora or fauna. Another typical example might be the
donation of plates, cups and napkins for a luncheon for the Oshkosh Senior
Center.
Gift Policy Memo: 2111/10: Page 4
Process for Approval
1) Unconditioned Gifts or Donations in Support of Already Existing /Budgeted or
Approved Programs or Projects
Under the proposed policy, money or items that are proposed to be donated in
support of existing projects or programs or to support the City or a department in
general without any condition, may be accepted by the City Manager or the
designated Department Head without further approval. In these cases, individual
approvals of donations would appear to add unnecessary time and burden to an
already existing program or project. If an unconditioned gift or donation were to
be used for something other than an existing program or project, it would require
review and approval prior to implementation either through a bid or budget
process, at which time the Council, and any appropriate board or commission,
could review the proposed use of the funds.
The City has had some very successful public /private partnerships. It is
anticipated that this policy will not have a negative affect. on those types of
partnerships. In cases where the City has identified a program or project and is
seeking private assistance, additional approvals for the gifts or donations in
support of the program or project are not necessary under the proposed policy. If
a new program or project is proposed with a public/private partnership element, it
is anticipated that city staff would seek approval for the proposed program or
project and gifts and donations would be approved in connection with the
approval of the underlying program or project.
2) Gifts with Conditions or Gifts of Personal Property, Real Property, Works
of Art, Public Improvement Projects or other items
For gifts with conditions and non- monetary gifts, the proposed policy would
require the completion of a Donation Agreement Form and review by the City
Manager, any appropriate boards or commissions, and the City Council. This
process would include any proposed gifts of public art such as statues, murals,
and paintings; Memorials; Tributes; and Public Improvement Projects. The
proposed policy sets forth criteria to guide the City Manager, Boards,
Commissions and Council in their review of individual proposals. These criteria
include consistency with the City's. plans, policies and mission; proposed
location; suitability; compatibility with surroundings; costs; and other
considerations. As with the special events policy, this list was drafted in an
inclusive manner, identifying many different criteria even though all may not
apply in every case. The Finance Committee and Advisory Parks Board
reviewed the criteria, and based upon their comments, several of the criteria
Gift Policy Memo: 2/11/10: Page 5
which were similar in nature were combined to make the list more readable. The
criteria were not weighted in any manner, or identified in any order of importance.
In addition, some criteria may have more or less application to an individual
proposal. Each proposal would need to be reviewed individually and the various
criteria taken into consideration as may be appropriate at that time.
Works of Art and donations of memorials, tributes or proposals for naming which
are not commercial in nature have additional criteria for review specified. In
conjunction with mural regulations currently being reviewed by the Plan
Commission, this policy anticipates the creation of a Public Arts Advisory
Committee. Works of art, including statues, monuments, memorials, tributes,
sculptures, graphics and signs are proposed to be reviewed by the Public Arts
Advisory Committee with regard to the criteria set forth in the proposed policy
prior to review by the Plan Commission and Common Council. A copy of the
draft ordinance for the Public Arts Advisory Committee is attached to this
memorandum as well.
Donation Agreement Forms
The proposed policy would require the completion of a Donation Agreement
Form, drafts of which are attached, for donations with a value greater than $500
or for any donation of or conditioned upon the completion of a Public
Improvement Project, Memorial, Work of Public Art, Tribute or new program. The
Advisory Parks Board recommended that city staff be required to complete the
forms, however, as a practical matter, it is anticipated that the donation policy
and forms will be made available through the city's website and by other means
and donors may complete the forms on their own if they should so choose. In
addition, the forms contain statements from the donor indicating their
understanding that all right, title or interest in the donated items is being given,
that they are not aware of any encumbrances upon the donated items and similar
representations that staff believes are important for potential donors to be
advised of and clearly sign acknowledgment of. Therefore, staff did not amend
the policy to require completion of the form by city staff. Rather, to address the
concerns that were raised about potentially burdening someone who wished to
donate with completion of a form, the policy was revised to provide that the form
could be completed by the Donor or city staff and that city staff would assist
Donors with completion of the form upon request.
Sample forms for donation of money, personal property, real property and public
improvement projects, tributes, memorials and works of art are included with the
policy. At the suggestion of staff, there is also a draft form for recording in kind
Gift Policy Memo: 2/11/10: Page 6
contributions such as volunteer service, or other materials or services that may
not require approvals under the terms of the policy but which staff believed
should be tracked and acknowledged.
RECOMMENDATION
Staff recommends approval of the policy as proposed.
Approved:
Mark A. Rohloff
City Manager
MONETARY DONATION FORM
DONOR INFORMATION
Name:
Address:
Phone:
Email:
hereby gives to the City of Oshkosh $ for the purpose of
This Donation subject to the following restrictions /conditions (if any):
Will the City be required to expend funds or otherwise participate in the donation or gift?
If so, please identify the City's anticipated participation:
Any funds in excess of the amount required for the above purpose:
O may be used for
O shall be returned to the Donor
O may be applied to any other project or fund deemed appropriate by the City Manager
of the City of Oshkosh
The City of Oshkosh will make reasonable efforts to accommodate the intended purpose
of the donation but reserves the right to utilize, relocate and/or dispose of any item
funded through donated funds as the City of Oshkosh may deem fit.
If this donation is in the amount smaller than $10,000, the City of Oshkosh will not create
a separate Trust Account. For amounts greater than $10,000, the Donor may request
and the City of Oshkosh may establish a separate Trust Account for the donated funds.
Donor
Donor
Recommended:
Department Head
Accepted:
City Manager
Date
Date
Date
Date
PERSONAL PROPERTY DONATION FORM
DONOR INFORMATION
Name:
Address:
Phone:
Email:
hereby gives to the City of Oshkosh
for the purpose of
This Donation subject to the following restrictions /conditions (if any):
Will a Donor Recognition Object be requested as part of this gift/donation? If so,
please include a description of the proposed object:
Will the City be required to expend funds or otherwise participate in the donation
or gift? If so, please identify the City's anticipated participation:
All right, title and interest in the above stated item(s) is hereby given, donated
and transferred to the City of Oshkosh, its successors and assigns forever and
without limiting conditions, except as may be specifically stated herein. It is
understood and agreed that I /we as Donor(s) retain no right, title or interest in the
donated property.
To the best of our knowledge this gift/donation is free and clear of all
encumbrances and restrictions.
The City of Oshkosh will make reasonable efforts to accommodate the intended
purpose of the donation but reserves the right to utilize, relocate and /or dispose
of any item as the City of Oshkosh may deem fit.
If this donation is conditioned or requires the establishment of a new program or
fund, this agreement shall not take effect until the Common Council for the City of
Oshkosh has specifically accepted this donation.
Donor
Donor
Recommended:
Department Head
Accepted:
City Manager
Date
Date
Date
Date
REAL PROPERTY DONATION FORM
DONOR INFORMATION
Name:
Address:
Phone:
Email:
hereby gives to the City of Oshkosh (description of property including address
and type of property i.e. residential, vacant land, land with structures ... )
for the purpose of
This Donation subject to the following restrictions /conditions (if any):
Will the City be required to expend funds or otherwise participate in the donation
or gift? If so, please identify the City's anticipated participation:
Will a Donor Recognition Object be requested as part of this gift/donation? If so,
please include a description of the proposed object:
Donor is aware of the following conditions related to the property: (Please list
any conditions affecting the property including but not limited to, the conditions
which may affect the value of the property, zoning or other restrictions upon the
use of the property, and environmental conditions affecting the property.)
The assessed or appraised value of the property is:
(An appraisal of the property may be requested
acceptance of the proposed donation /gift.)
prior to consideration and
All right, title and interest in the above stated property will be given, donated and
transferred to the City of Oshkosh, its successors and assigns forever and
without limiting conditions, except as may be specifically stated herein. It is
understood and agreed that I /we as Donor(s) retain no right, title or interest in the
donated property.
I /we as Donor(s) of the property have provided all relevant information to the City
of Oshkosh regarding the condition and value of the property.
Donor(s) hereby agrees to execute such documents as shall be necessary to
formally transfer the property upon acceptance of this gift/donation by the City of
Oshkosh.
To the best of our knowledge this gift/donation is free and clear of all
encumbrances and restrictions.
The City of Oshkosh will make reasonable efforts to accommodate the intended
purpose of the donation but reserves the right to utilize, relocate and /or dispose
of any item as the City of Oshkosh may deem fit.
This agreement shall not take effect until the Common Council for the City of
Oshkosh has specifically accepted this donation.
Donor
Donor
Recommended : -
Department Head
Accepted:
City Manager
Date
Date
Date
Date
DONATION FORM FOR PUBLIC IMPROVEMENT PROJECTS,
MEMORIALS, TRIBUTES, WORKS OF ART
(Including Funding Proposals for the above purposes)
DONOR INFORMATION
Name:
Address:
Phone:
Email:
hereby makes a proposal to fund and /or construct a Public Improvement Project,
memorial, tribute, or work of art consisting of
The intended purpose of this donation is
Proposed location
This Donation subject to the following restrictions /conditions (if any):
Will the City be required to expend funds or otherwise participate in the donation
or gift? If so, please identify the City's anticipated participation:
Will a Donor Recognition Object be requested as part of this gift/donation? If so,
please include a description of the proposed object:
Condition, Conservation and Maintenance Requirements:
What type of materials will be used in the proposed Project?
What is the intended lifespan of the Project?
What short and long -term maintenance may be required and what is the
anticipated cost of such maintenance?
The City of Oshkosh will make reasonable efforts to accommodate the intended
purpose of the donation but reserves the right to utilize, relocate and /or dispose
of any item funded through donated funds as the City of Oshkosh may deem fit.
This agreement shall not take effect until the Common Council for the City of
Oshkosh has specifically accepted this donation.
Donor
Donor
Recommended:
Department Head
Accepted:
City Manager
Date
Date
Date
Date
IN KIND CONTRIBUTION RECORDING FORM
DONOR INFORMATION
Name:
Address:
Phone:
Email:
DESCRIPTION OF SERVICES, EQUIPMENT AND /OR MATERIALS PROVIDED,
QUANTITY, HOURS, AND PURPOSE:
STAFF SIGNATURE:
RESOLUTION #11 -92
CITY OF OSHKOSH
GIFTS AND DONATIONS
AND NON - COMMERCIAL NAMING POLICY
The City of Oshkosh has been enriched by the generous donations of individuals
and entities in support of the Oshkosh community. The City of Oshkosh
welcomes and encourages support from private individuals and entities that
support the programs and services that the City provides to the public.
The City will review proposed gifts and memorials for the purpose of assisting the
donors in reaching their intended goals while recognizing the mission, goals,
plans, resources and limitations of the City as a whole. It is intended that this
policy provide a thoughtful review process which considers the intentions of the
donor, is sensitive to the needs and desires of the community, and is sensitive to
the costs associated with proposed gifts and donations, including long -term costs
of maintenance and care.
Purpose
The purpose of the Gifts and Memorials Policy is to provide a foundation
including guidelines and procedures for considering and receiving proposed
donations to the City of Oshkosh and for considering non - commercial requests
for naming public property, structures and facilities.
Definitions
Donation(s) /Gift(s) Any item proposed to be deeded, bequeathed or otherwise
given or donated to th e
endowments; real property;
or portions of structures;
flora; fauna; improvements
tributes; sculptures; murals
or signs.
City of Oshkosh including, but not limited to,
public improvement projects or proposals; structures
money; negotiable securities; materials; equipment;
to facilities or land; statues; monuments; memorials;
and other public works of art; plaques; and graphics
Donor A private individual, for - profit company, non - profit organization, public
agency or any other entity wishing to make a donation or gift to the City of
Oshkosh.
Donor Recognition Object A physical object such as a plaque or sign placed to
acknowledge a donation or gift.
Gift Policy —Page 1
Monument/Memorial An item or object established to preserve the memory of a
deceased person(s) or an event that occurred in the past. Any statue, sculpture,
mural or other structure or landscape feature designed to perpetuate in a
permanent manner the memory of any person, group, event or other significant
element of history.
Park Amenity Typical park improvements that contribute to the traditional use of
park land such as benches, play structures, picnic tables, shelters, sports
facilities, trails, etc.
Public Art: Works of Art including, but not limited to, paintings, prints, sculptures,
and murals.
Public Improvement Proiect/Proposal May include a funded, partially funded or
unfunded capital project(s) request consisting of real property, structures,
portions of structures, materials and/or equipment for construction or renovation
of a structure or landscape feature. Maintenance activities such as weeding or
replanting established gardens is not considered a public improvement project for
purposes of this policy.
Tribute An item, object or gift designed to acknowledge the contributions of a
living person(s) to society. Projects recognizing groups such as persons with
cancer or AIDS are also considered tributes.
Applicability
This policy shall cover all donations and gifts to the City of Oshkosh and any of
its Departments or Divisions except for donations made to the Oshkosh Public
Library and Oshkosh Public Museum which are done pursuant to their Donations
Policies. Non - commercial requests for naming public property, structures and
facilities shall also be considered under this policy. However, this policy is not
intended to cover sponsorships, naming rights or other similar arrangements of a
commercial nature.
The City of Oshkosh retains sole discretion to determine whether to accept or
decline any proposed gift or donation. This policy shall not be construed to
create any right for any individual or organization to make any improvement or
place any items on any public property within the City of Oshkosh regardless of
whether their proposal meets any or all of the criteria laid out herein.
Gift Policy — Page 2
Procedure
As donations and gifts vary greatly, the review process may be tailored according
to the type of gift or donation proposed and the complexity of the proposal.
Those wishing to make a gift or donation are strongly encouraged to contact the
recipient city department(s) or division(s) at the earliest possible time to discuss
the proposed gift and the process for review.
Donation Agreement Form
A Donation Agreement Form may be required to be completed for gifts /donations
as directed by the City Manager and shall be required for gifts with a value of five
hundred dollars ($500.00) or greater. The form may be completed by the Donor
or by the Recipient Department or Division. The Recipient Department/Division
shall work with the Donor to complete the form whenever requested. This form
shall be approved by the City Manager and shall include, as appropriate and
applicable, the intent of the proposal, cost estimates, size, proposed siting,
timeline, site drawing, future maintenance requirements and any other
information the City Manager may deem necessary and /or useful.
Completed Donation Agreement Forms shall be submitted to the City Manager
for review and recommendation to the Council, if required.
Monetary Gifts and Donations l Gifts
and Donations of Negotiable Secur
1) Previously established funds or ca mp aigns. The City Manager and /or
Department Heads, upon approval of the City Manager, are hereby
authorized to accept any monetary gifts or donations to be made for a
previously approved / established / existing / budgeted fund or capital
campaign.
2) Undesignated /Unconditioned Monetary Gifts/ D The City Manager
and/or Department Heads, upon approval of the City Manager, are hereby
authorized to accept any undesignated and /or unconditioned monetary
donations made to the City and shall deposit such money with the Finance
Department. The amounts shall be deposited in the account(s) that most
appropriately matches the intentions of the Donor(s) when identified.
Gift Policy — Page 3
3) Conditioned Donations. In the event that a monetary donation is conditioned
or donated specifically for a new Public Improvement Project, Memorial, Work
of Public Art, Tribute, or new program; the Recipient Department shall assist
the Donor to complete a Donation Agreement form and the Donation shall
follow the procedures set forth in this policy as if the donation were to be
made of the actual program or item proposed to be acquired or constructed.
If the donation is not accepted, the City Finance Director shall return the
donation to the donor. If appropriate, the City Finance Director may establish
a new fund or project within a fund for the donation.
4) Negotiable Securities. The City Manager is hereby authorized to accept
donations of negotiable securities when in his/her professional judgment, in
consultation with the Finance Director and the affected Department Head,
acceptance of the proposed donation is in accordance with the statutes, rules
and regulations governing municipal finances and investment; and, the
proposed donation is not subject to conditions, is for a previously
approved /established /existing /budgeted fund or campaign, or is for a
conditioned donation that has been approved pursuant to this policy.
Negotiable securities may be held or sold at a marketable rate and the
proceeds of such sale used as specified by the donor or as may deemed
appropriate in the best interests of the City.
Gifts of Real Property
The City Manager shall review any proposed donation of real property and make
recommendation to the appropriate boards or commissions and to the Common
Council. Proposed gifts or donations of real property shall be reviewed for
suitability for the intended use or potential for resale; any conditions which may
be placed upon the use of the property by the donor; potential environmental
concerns; probable maintenance costs; and any other relevant information.
Appraisals of the property may be requested from the Donor. All gifts or
donations of real property shall be reviewed by the Plan Commission for
recommendation prior to Common Council action.
Non - Monetary Gifts and Donations
(excluding real estate)
1) The City Manager and/or Department Heads, upon approval of the City
Manager, are hereby authorized to accept donations of materials or other
items made for previously approved /established /existing /budgeted projects or
materials or other items that are typical for use in a city department or division.
Gift Policy — Page 4
2) The Director of Parks is hereby authorized to accept donations of typical park
amenities such as benches, replacement playground equipment and sports
facilities, gifts of trees or other flora and similar items.
3) For other gifts and donations including, but not limited to, substantial gifts
such as Public Art, Memorials, Tributes, and Public Improvement Projects,
the Recipient Department shall assist the Donor in completing a Donation
Agreement form and forward the completed form to the City Manager for
review and recommendation to any appropriate boards or commissions and
to the Common Council. The City Manager, Boards /Commissions and
Common Council shall consider all of the circumstances surrounding the
proposed gift including the criteria as enumerated within this policy and as
may be applicable to the proposed donation. If the donation is approved and
if appropriate, the Finance Director may establish a new fund or project within
a fund for the donation.
Criteria for Evaluating Gifts and Donat
In order to assist potential donors to fulfill their desires to make a gift or donation
to the City of Oshkosh and to ensure that all gifts and donations are consistently,
fairly and thoughtfully reviewed, the City will be guided in its review of proposed
gifts and donations by the following guidelines.
Donat of Memorials/Tributes /Public Improvement Proj and Works of Art:
When reviewing proposed donations of Memorials, Tributes, Public Improvement
Projects and Works of Art, the following criteria shall be considered, as well as
any other criteria which may be relevant on a case by case basis:
• Consistency with the mission, policies and master plans governing the City of
Oshkosh and/or the particular department or division
• Whether the proposed donation /gift provides improvements to an area of the
City which may be deficient in public amenities
• Whether the proposed donation /gift promotes the preservation of historical
and cultural aspects of the community
• Whether the proposed gift/donation has an educational component
• Whether the proposed donation /gift helps to promote conservation,
preservation and protection of the natural environment
• Whether the proposed donation helps to promote preservation of natural
areas and greenspace where such preservation is suitable, is contemplated
by plans, or is otherwise desirable
• Whether the proposed gift/donation provides anew or different experience for
the public
Gift Policy — Page 5
Whether the proposed gift/donation promotes the use of public spaces for a
variety of interests such as special events, sports tournaments, competitions,
and other recreational opportunities, including both active and passive
recreation in a park or other area where such uses are suitable, are
contemplated by plans or are otherwise desirable
• Whether the proposed gift/donation is suitable for the purpose proposed
• Whether the proposed gift/donation is compatible with the proposed location,
if one has been identified, and other users of the public space
• Whether the proposed gift/donation compliments or is harmonious in quality,
scale and character with existing improvements and features in the area
• Whether the proposed public gift/donation is a traditional park or municipal
amenity
• Whether the proposed gift/donation reuses, rehabilitates or restores an
existing park or municipal feature or replaces aging, outdated or unsafe
infrastructure
• Suitability of the gift/donation to the environmental conditions of public display
• Susceptibility of the gift/donation to wear and vandalism
• Suitability of the gift/donation to the technical requirements or design
standards for installation of improvements in public places
• Whether any public safety or security issues are identified and the potential
danger to the public health, safety or welfare associated with the proposed
gift/donation
Whether the proposed gift/donation complies
including building codes and ADA requirements
Whether the gift or donation is restricted in any
those restrictions or contingencies
with all applicable codes
manner and the impact of
• If the gift/donation is real property, the financial implications of removing
property from the City's tax base
Financial implications to the City of Oshkosh based on the cost of
proposed gift/donation or project implementation including installation
ongoing maintenance and the costs of relocation or removal, if necessary.
The level of maintenance and costs of relocation or removal vary
depending on the nature of the proposed gift/donation. In general,
donors will be asked to contribute enough money to cover long
term maintenance costs, relocation and removal, if reasonably
anticipated. These costs shall be estimated and submitted with the
donation form and may be provided through the establishment of a
maintenance fund, endowment or other suitable means.
the
the
and
Gift Policy — Page 6
The City may agree to take on future maintenance costs and shall
consider the following criteria when making such decision.
The community's need or desire for the donation or
improvement;
Whether, and to what extent, the proposed gift/donation
provides new or diverse experiences for community
members and visitors;
The financial capacity of the donor;
Ease of maintenance and repair; and
Whether the annual maintenance cost is so low as to be
negligible.
The City shall also consider that circumstances may arise which
may prevent a donor or previously established maintenance fund
from covering the costs of maintenance and care and that these
costs may ultimately become a City responsibility.
Works of Art –
In addition to the above - listed criteria, if the proposed gift/donation is a Work of
Art, the following criteria shall be considered as well as any other criteria which
may be relevant on a case by case basis:
• Quality of the work based upon a professional assessment of the work,
detailed written proposal, drawing or maquette or photographs
• Suitability of the theme of artwork to a public venue
• Appropriateness of the artwork to the site, in the case where a particular site
has been requested or identified
• Appropriateness of the process for selecting the artist or artwork
• Qualifications of the artist based on documentation of past work and the
artist's professional qualifications
Memorials / Tributes / Namigg—
The City of Oshkosh respects the desire of individuals to commemorate special
events or the lives of loved ones, living and deceased. However, the City also
recognizes that other community members who visit public places may desire not
to be burdened with a constant reminder of mortality, death or traumatic events.
The City also recognizes the important contributions of many individuals to
community life and that it is simply impossible to recognize all of those
contributions. To that end, if the proposed gift/donation is a Memorial or Tribute
or a non - commercial request to name a public space or other item, the City of
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Oshkosh shall consider the following criteria, as may be appropriate to the
particular donation, in addition to those criteria identified above.
• The person memorialized must have been deceased for a minimum of five (5)
years; or an event must have occurred at least five (5) years ago.
• The proposed donation must have timeless qualities and make a statement of
significance for future generations
• The proposed donation must represent a person or event deemed significant
to the City of Oshkosh's history; names of individuals who have made a
significant contribution directly and locally to the City of Oshkosh shall be
preferred over the names of national figures
• The proposed donation must meet the general criteria enumerated in this
policy
• Whether any increased use of the park or public area resulting from the
placement of the memorial or tribute is appropriate to the surrounding context
and uses
• Whether the design of the particular donation is solely representative of the
particular person or event being commemorated or is of a broader community
appeal
• Whether the proposed donation has a functional component
• Whether the individual or group is associated with the particular building, park
or other public facility at issue opportunity to
• When possible, the family should be contacted and allowed an opp y
comment upon the naming of a building, park or facility after an individual
• In and of themselves, contributions of land or money for public facilities shall
not be considered sufficient justification for naming or renaming facilities after
individuals, in tribute or memoriam
Donor Recognition Objects
The City of Oshkosh appreciates the desire of some donors to be recognized
either personally or on behalf of another for their generous donations. If a donor
recognition object is to be included as part of a proposed gift/donation, such
object should be specifically identified and submitted with the Donation
Agreement Form for approval. In general, it is the policy of the City of Oshkosh
to limit donor recognition objects to plaques or other recognition objects which
are small in scale, which do not detract from green space areas and/or which are
part of an approved project involving the use of personalized decorative tiles or
pavers. The City Manager and Department Heads are hereby authorized to
approve Donor Recognition Objects which are proposed in accordance with this
policy.
Gift Policy — Page 8
Items to be ref erred to Boards or Commissions prior to A cceptan ce
Prior to Common Council action for acceptance of any proposed gift or donation
requiring Council approval, the City Manager shall review the proposed gift or
donation and make recommendation to the appropriate advisory boards or
commissions for their review and recommendation. Proposed gifts or donations
shall be reviewed with reference to the criteria set forth in this policy. All gifts or
donations of real property shall be reviewed by the Plan Commission for
recommendation prior to Common Council action.
Any works of Art including but not limited to statues, monuments, memorials,
tributes, sculptures, murals, graphics or signs shall, in addition to any other
appropriate board or commission, be referred to the Public Arts Advisory
Committee and Plan Commission for their review and recommendation.
Additional Requirements
Establishment of Trust Accounts. The City of Oshkosh will not create a separate
Trust Account for donations in an amount smaller than $10,000. For amounts
greater than $10,000, the Donor may request and the City of Oshkosh may
establish a separate Trust Account for the donated funds.
Private Construction If construction of a Public Improvement Project is
coordinated or contracted for by the donor, the donor will be responsible for
complying with all federal, state and local laws which may include competitive
bidding and state wage rate laws. The donor will also bear the cost of all
necessary permits, approvals, project management, design, installation, and
manufacture of the gift/donation unless these costs are specifically accepted or
waived by the City of Oshkosh.
Proof of compliance with the City's insurance requirements for contractors will be
required before work may commence on any Public Improvement Project.
Improvements made in a public place become the property of the City of
Oshkosh and are subject to the laws, policies and procedures of the City of
Oshkosh.
Damaged lost stolen or worn -gifts or dona tions. The City is not obligated to
replace any gift/donation or improvement if it is lost, stolen, damaged or worn.
The City of Oshkosh reserves the right to remove any donated project for safety
reasons, deterioration caused by age, neglect or vandalism, and /or the City's
inability to finance ongoing maintenance or repairs.
Gift Policy — Page 9
Acknowledgement3 & Anonymity. All donations for which the donor does not
request anonymity shall be acknowledged by the City Manager, Finance Director
or appropriate Department Head with a letter of appreciation. For a monetary
gift given in memorial, tribute, bequest, or in recognition of someone, a letter
shall be sent to the person or family of the person being honored.
Because the City of Oshkosh is a municipal entity and subject to the provisions of
the Wisconsin Public Records Law, the City cannot guarantee anonymity of
individual donors but will work with individuals who wish to remain anonymous in
their donations to provide appropriate means for those individuals to make their
gifts /donations while maintaining their privacy.
Appraisals. The City may, at its option, request or require an appraisal of real or
personal property prior to the acceptance of any gift or donation.
Waiver of Terms of this Policy The City Council may waive any of the criteria
specified within this policy upon a finding that it is in the best interests of the City
to do so.
Tax Liability. It is the responsibility of the donor to assign a monetary value to a
gift or donation for tax purposes. Information provided by the City of Oshkosh, its
officials, employees or agents in connection with gifts /donations is intended to be
informational only and is not intended to be a substitute for professional financial
or legal advice or opinions. The City of Oshkosh makes no representations or
guarantees as to the tax implications of any gift or donation made to the City.
Donors are responsible and are advised to obtain their own tax and financial
advice from appropriate professionals.
Reports
Departments shall report gifts /donations made, either through the completion of a
Donation Agreement Form or through other report, to the City Manager.
Annually, after the close of the fiscal year, the Finance Director shall provide a
report to the Council including details of gifts /donations. Trust Funds will be
reported separately on the annual Trust Report.
Gift Policy — Page 10