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Home My WebLink About44. 19-268 APRIL 23, 2019 19-268 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: ACCEPT DONATIONS AND APPROVE AGREEMENT WITH OSHKOSH AREA COMMUNITY FOUNDATION / CR MEYER FOR EAGLE EXHIBIT AT MENOMINEE PARK ZOO INITIATED BY: PARKS DEPARTMENT WHEREAS, an Eagle Exhibit has been identified in the existing Menominee Park Zoo Master Plan; and WHEREAS, various donations have been made by the community for the construction of an Eagle Exhibit at Menominee Park Zoo; and WHEREAS, the Oshkosh Area Community Foundation has coordinated the effort to raise money for the construction of the Eagle Exhibit and has established funds for the payment of design services and construction costs, including the donation of all labor costs through an agreement between the Foundation and CR Meyer for the construction of an Eagle Exhibit; and WHEREAS, it is appropriate for the Common Council to acknowledge and accept such donations and all future contributions to this project; and WHEREAS, the necessary funding level has been reached to go forward with the project from a combination of budgeted funds and donated funds; and WHEREAS, §62.15 of the Wisconsin Statutes allows municipalities to accept the donation of materials and/or labor for public construction as an exception to the requirements of the public statute; and WHEREAS, the Oshkosh Area Community Foundation is donating all labor for the public construction; and WHEREAS, the gift of the Eagle Exhibit is consistent with the following guidelines established by the City of Oshkosh Gifts and Donations policy, in that this donation: APRIL 23, 2019 19-268 RESOLUTION CONT'D ➢ is consistent with the mission, policies and master plans governing the City of Oshkosh and the Parks Department ➢ helps to promote conservation, preservation and protection of the natural environment ➢ provides a new or different experience for the public ➢ is suitable for the purpose proposed ➢ is compatible with the proposed location ➢ is harmonious in quality, scale and character with existing improvements and features in the area ➢ is a traditional park or municipal entity ➢ is suitable to the environmental conditions of public display ➢ is suitable to the technical requirements or design standards for installation of improvements in public places ➢ complies with all applicable codes including building codes WHEREAS, the City of Oshkosh Gifts and Donation Policy allows the City to take on future maintenance costs related to a gift under consideration of: ➢ 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; and ➢ Ease of maintenance and repair NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that, on behalf of the residents of this community, the City acknowledges with deep gratitude and appreciation the generous donations of all contributors to the Eagle Exhibit project at the Menominee Park Zoo and that the proper City officials are authorized and directed to take all appropriate actions to accept and utilize these donations and acknowledge these philanthropic activities. BE IT FURTHER RESOLVED that an Agreement with the Oshkosh Area Community Foundation and CR Meyer for design and construction of an Eagle Exhibit at the Menominee Park Zoo is hereby approved and the proper City officials are authorized to execute and deliver the Agreement in substantially the same form as attached hereto, and with any changes in the final copy being deemed approved upon their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. APRIL 23, 2019 19-268 RESOLUTION CONT'D BE IT FURTHER RESOLVED that the appropriate City staff is hereby authorized and directed to transfer One Hundred, Ninety-Five Thousand and 00/100 dollars ($195,000) from Account Number 0255-0610-7216-11421 Parks Revenue Facilities Fund — Capital Construction to the Oshkosh Area Community Foundation ($150,000 of which are funds previously donated to the city for zoo exhibits/improvements and $45,000 are private donations recently received by the city for the exhibit) for the purpose of paying for materials for the Eagle Exhibit pursuant to the Agreement approved by the Common Council. The Foundation has secured additional funds to complete the estimated total funding necessary of$228,500. BE IT FURTHER RESOLVED that upon completion of the Eagle Exhibit in substantial conformity with the plans and specifications approved by the City, as determined by the City Manager at his discretion, the appropriate City officials are hereby authorized to acknowledge and accept the completed project on behalf of the City without further action by the Common Council. TO: Honorable Mayor and Members of the Common Council FROM: Ray Maurer, Parks Director DATE: April 17, 2019 RE: Accept Donations and Approve Agreement with Oshkosh Area Community Foundation and CR Meyer for Eagle Exhibit at Menominee Park Zoo BACKGROUND Since 2015, Parks Department staff has been working with the Oshkosh Zoological Society and the Oshkosh Area Community Foundation on plans and fund raising for an eagle exhibit at Menominee Park Zoo. An eagle exhibit is included in the existing Menominee Park Zoo Master Plan. Fundraising and planning continued and in 2018 and 2019, the City of Oshkosh included $75,000 each year in the Parks Revenue Facilities budget to contribute toward the eagle exhibit for a total of $150,000 which are funds previously donated to the City for zoo exhibits/improvements. The Oshkosh Zoological Society and the Oshkosh Area Community Foundation have secured the necessary funding for the project which includes the 2018 and 2019 budgeted funds from the Parks Revenue Facilities and other donations received for the eagle exhibit. In addition, City staff has been working with the Oshkosh Area Community Foundation on an agreement for the construction of the eagle exhibit. Similar to the process that was followed when the River Otter Exhibit was constructed, the Foundation has established a fund for this project and will contract with CR Meyer to design and construct the exhibit and donate it to the city upon completion. ANALYSIS The Oshkosh Area Community Foundation, working with Parks Department staff and the Oshkosh Zoological Society, has been coordinating a project since 2015. Similar to when the River Otter Exhibit was constructed, the Foundation and city staff have drafted an agreement with a firm, CR Meyer, that the Foundation believes is a good value and will construct a great exhibit. The agreement allows the Foundation to take advantage of an exemption to state bidding requirements by having the materials or labor donated for the project and it also satisfies the city's statutory requirements for a Public Construction project. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us As this resolution approves the agreement between the parties and officially accepts the donations, city staff has reviewed the Criteria for Evaluating Gift and Donations from the Gifts and Donations Policy. We believe this donation meets the following criteria: • Consistency with the mission, policies and master plans governing the City of Oshkosh and/or the particular department or division • 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 gift/donation provides a new or different experience for the public • 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 gift/donation is a traditional park or municipal amenity • 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 the proposed gift/donation complies with all applicable codes including building codes and ADA requirements FISCAL IMPACT The fiscal impact of accepting this donation would be the future maintenance and animal care associated with the exhibit. These costs would be absorbed by the Parks Revenue Facilities operating budget. The city contribution of $195,000 to the fund established at the Foundation will come from the 2018/2019 budgeted funds specified earlier in this memo ($150,000) and $45,000 in donations recently received by the city and designated for the exhibit for a total of $195,000. The Foundation has secured additional funds to complete the estimated total funding necessary of $228,500. RECOMMENDATION Staff recommends the Common Council accept the donations and approve the agreement. Respectfully Submitted, Ray Maurer Parks Director Approved: Mark A. Rohloff City Manager