HomeMy WebLinkAbout25. 18-138 MARCH 13, 2018 18-138 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AGREEMENT WITH OSHKOSH SATURDAY
FARMERS MARKET INC. (OSFMI)
INITIATED BY: CITY ADMINISTRATION
WHEREAS, The City of Oshkosh has had a long and successful relationship with
the Oshkosh Saturday Farmers Market, Inc. (OSFMI); and
WHEREAS, concerns have been expressed by OSFMI in their request for a waiver
of special event Extraordinary Services costs; and
WHEREAS, the parties have reached a tentative agreement to resolve these
concerns and it is appropriate for the Common Council to approve this agreement.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the attached Agreement is approved and the proper City officials are
authorized and directed to enter into an appropriate agreement for these purposes, the
execution copy being deemed approved by their respective signatures, and said City
officials are further authorized and directed to take those steps necessary to implement
the terms and conditions of the agreement.
City
o�
Oshkosh
Date: March 9, 2018
To: Mayor and Members of the Common Council
From: John Fitzpatrick, Assistant City Manager / Director of Administrative Services
Re: Approve Agreement with Oshkosh Saturday Farmers Market, Inc. (OSFMI)
Background
At last week's Council meeting, staff was directed to work with the BID and OSFMI on a
compromise solution to the BID's request to waive fees for extraordinary charges associated
with the Farmers Market. As a result of this direction, staff has developed a solution that we
believe achieves a balance between saving the Farmers Market some costs, while avoiding the
precedent of granting a permanent waiver of fees.
Analysis
The proposed solution is as follows:
1) OSFMI agrees to withdraw the request for a waiver of special event Extraordinary Services
costs.
2) The City of Oshkosh agrees to transfer ownership of 30 used barricades (15 Type I, 12 Type
II, and 3 Type III) to OSFMI prior to the 2018 OSFMI summer season. Barricades will be
transferred and OSFMI will accept the barricades in an "as -is" condition. The City does not
make any representations or warranty as to the condition of the barricades or the suitability
of the barricades for any use. Upon transfer the City shall have no obligation to repair,
maintain, or replace such barricades in the future. OSFMI shall be responsible for the
maintenance, storage, replacement, and delivery and pick-up of barricades for each OSFMI
event.
3) In consideration for the 30 used barricades, OSFMI will permanently dedicate 5 booths
weekly at the summer Saturday Farmers Market for use by the City and/or other
community non-profit groups.
Fiscal Impact
All parties recognized that the barricades were the source of concern for OSFMI's bottom
line. The bulk of the costs for fees were the delivery of the barricades week in and week
out. Without the cost of the barricades, OSFMI's costs will run between $1,200 - $1,500
annually. Police CSOs will still put up the barricades, and that is reflected in the
aforementioned cost. That cost provides a great deal of savings over OSFMI's 2017 bill of
approximately $4,500 and their 2018 estimate of $9,000.
Staff felt it was important that OSFMI provide something of value in return. Even though the
booths are currently available to the city and non -profits at no cost, adding the provision of
booths dedicated to the public and non-profit groups in the future ensures that these booths
will always be available to the community through the Farmers Market.
The cost for replacing the barricades is approximately $3,200. Staff will evaluate how many of
these barricades actually need replacement, as the primary non-public works use was for the
Farmers Market. The city will recoup its $3,200 in costs in a little over 2 years with the value of
the dedicated Farmers' Market booths.
Meanwhile, OSFMI can now make these barricades available for rent to other groups, should
they wish. This may further reduce the demand for future barricade rentals by the city, which
staff sees as a positive.
Recommendation
It is our hope that this solution is what Council was looking for when it referred the issue back
to staff. The willingness of all parties to have an open, shared, and creative mind when
coming up with a solution such as this is very much appreciated.
Included in this packet is the conceptual tentative agreement. Please let me know if you have
any questions and thank you for your trust in staff, as well as
your support & assistance with this process.
Approved:
Mark A. Rohloff
City Manager
Attachment: Tentative Agreement
cc: James Rabe, Director of Public Works
Ray Maurer, Parks Director
AGREEMENT BETWEEN THE CITY OF OSHKOSH AND
OSHKOSH SATURDAY FARMERS MARKET, INCORPORATED (OSFMI)
In consideration of the long standing relationship the City of Oshkosh and the Oshkosh
Saturday Farmers Market, Inc. has had, and in regard to concerns expressed by the
Oshkosh Saturday Farmers Market, Inc. (OSFMI) in their request for a waiver of special
event Extraordinary Services costs, OSFMI and the City of Oshkosh agree to the following:
1) OSFMI agrees to withdraw the request for a waiver of special event Extraordinary
Services costs.
2) The City of Oshkosh agrees to transfer ownership of 30 used barricades (15 Type I,
12 Type II, and 3 Type III) to OSFMI prior to the 2018 OSFMI summer season.
Barricades will be transferred and OSFMI will accept the barricades in an "as -is"
condition. The City does not make any representations or warranty as to the condition
of the barricades or the suitability of the barricades for any use. Upon transfer the
City shall have no obligation to repair, maintain, or replace such barricades in the
future. OSFMI shall be responsible for the maintenance, storage, replacement, and
delivery and pick-up of barricades for each OSFMI Farmers Market event.
3) In consideration for the 30 used barricades, OSFMI will permanently dedicate 5 booths
weekly at the summer Saturday Farmers Market for use by the City and/or other
community non-profit groups.
CITY OF OSHKOSH
Mark A. Rohloff, City Manager
By:
Pamela R. Ubrig, City Clerk
RKET, INCORPORATED (OSFMI)
Dated:
Dated:
Dated:
By: Dated:
Lynn A. Lorenson, City Attorney