Committee of the Whole Meeting Packets

CITY OF COLUMBUS COMMITTEE OF THE WHOLE COUNCIL AGENDA SPECIAL MEETING TUESDAY, DECEMBER 5, 2023 – 6:30 PM 1. Roll Call 2. Notice of Open Meeting 3. Approve Agenda 4. Citizen Comments 5. Committee/Commission Minutes: Library 10/17/23, PFC 8/23/2023, Tourism 10/2/23, Utility Commission 10/19/2023 6. Presentation/Discussion of Financing Options – Edward Maxwell, Ruekert-Mielke 7. Presentation/Discussion on sales study and nominal report for Hwy 73 Project – Terry Weil, TVA- LLC 8. Discuss Request for Proposal for 1400 Park Avenue 9. Discuss 2024 Nutrition Site MOU with Columbia County Health and Human Services 10. Discuss Winter Parking ordinance 11. Adjourn Columbus Public Library Library Board Meeting Tuesday, October 17, 2023 Phyllis Luchsinger Callahan Meeting Room Pete Kaland called the meeting to order at 5:00 p.m. Roll Call: Present in person: Amanda Wakeman, Pete Kaland, Nora Vieau, Sue Salter, Trina Reid, Shirley Berkley, Dana Pike, Merry Anderson. Absent: Deb Haeffner, Jim Schieble Adoption of the Agenda: Dana moved and Sue seconded a motion to approve the Agenda. Motion carried. Disposition of Minutes: Shirley moved and Sue seconded a motion to approve the Minutes. Motion carried. Financial Report: CDAR 2 renews 10/19/23 at 4.75%. SCLS Foundation account reflects loss of $12,120.58. Sue moved and Dana seconded a motion to approve the Financial Report. Motion carried. Approval of Bills: Bills of $6,527.11 submitted. Sue moved and Dana seconded a motion to approve the bills. Motion carried. Director’s Report: Amanda reported on incident of an endangered child who came to the library for help. Child had developed a trusting relationship with a CPL Staff member. City and Dodge County police were notified and were present at the library until closing. Library staff adjusted schedules so Staff could remain with child. Library card sign-up month successful with 50 new cards issued and 100 people participating in raffle. “We Stand On Their Shoulders” display closed at end of September with plan to host one display from Wisconsin Historical Society each year going forward. Adult programs: Craft night 9/25 packed CPL meeting room. Chad Lewis hosted live presentation 10/6 at Community Center. Huma Siddiqui cooking presentation postponed to March due to presenter illness. Mindfulness series will include Badger Talk with Bob McGrath and Magic of Meditation in November. Youth programs: Now hosting two storytimes per week to accommodate growing numbers. Afternoon Pokémon and Lego Clubs and STEAM program continue to be popular. Children’s area hosted Great Pumpkin scavenger hunt and special storytimes for Fire Safety Week. Library will be closed 11/23 and 11/24 for Thanksgiving with some staff present at Library for holiday parade and tree lighting. Buildings: No real issues. DPW did fall cleanup, changed lightbulb and rotated self-checkout. Meetings: September 22-Columbia County Library Directors met with County Finance Committee; budget passed as requested. September 29-annual SCLS visit with Deb Haeffner. October 3-CPL budget presented to City Council with no changes. Amanda attended ILS committee meeting (as a proxy), the ILS Summit at SCLS, the ABC Annual Meeting (in place of Sue), and the Delivery Committee meeting. Catherine, Helen and Amanda will attend the WLA Conference in Middleton October 25-27. Goals: Goal #1—Create new strategic plan. Amanda met with Shawn to go over goals and benchmarks for new plan. Draft in process and will be presented at Board meeting. President’s Report: Pete suggested that staff be commended for viable, exciting programs. Friends of the Library: Working on developing online presence and selling books online via Amazon. Currently evaluating potentially valuable donation. Literacy Council Report: None Correspondence: None Committee Reports: Personnel Committee: Meeting early November to review Director Evaluation document and finalize process. Strategic Planning Committee: Met to review draft. Per query, DPI does not require a strategic plan. Building and Grounds Committee: Possible toilet issue in Annex Trustee Training: Sue presented Wisconsin Public Library Standards. The Standards are a self- evaluation tool and are voluntary however, adhering, or not, may impact funding. Evaluation categories include: Statutory Requirements, System Membership Requirements, Governance, Library Administration, Funding, Staffing, Collections and Resources, Programs and Services, Public Relations, Access and Facility. There are three levels of service with Tier Three the highest level. CPL is Tier Two “an expansion of services beyond the basic.” Unfinished Business: Crosswalk Safety: Included in DPW budget. 2024 Budget Update: County and City budget approved. New Business: Annex/Leases Rent: Discussed possible 25% increase effective early 2024. Rents have not been increased in several years, pre-pandemic. Board will decide at November meeting. Subsequently, Amanda forwarded rental information to Board via email. This will mean an increase in total rents $1,200 annually from $4,560 to $5,760. Amanda asked for background and guidance on December holiday party. Adjournment: Sue moved and Shirley seconded a motion to adjourn. Motion carried. Meeting adjourned at 5:50 p.m.. Next scheduled board meeting—November 21, 2023, at 5:00. Respectfully submitted. Merry Anderson, Secretary  MINUTES of COLUMBUS POLICE AND FIRE COMMISSION August 23, 2023 City of Columbus, City Hall, 2nd Ward Room 105 North Dickason Blvd, Columbus, WI 53925 1) Meeting called to order at 6:00 p.m. by PFC Chair Olson. 2) Roll Call: PFC Members present: L. Olson, Z. Kianovsky, L. O’Donnell, M. Meier. Members absent: R. Rule. (CFD Chief Hazeltine, CPD Chief Weiner, City Council Liaison T. Reid. also in attendance.) 3) Notice of compliance with Open Meeting law—Notice of Meeting and Posted Agenda by Olson. 4) Motion by O’Donnell to approve agenda. Seconded by Meier. Motion carried unanimously. 5) Motion by Meier to approve minutes of meeting of 07/26/2023. Motion seconded by Olson. Motion to approve minutes carried unanimously. 6) Public Comments: None. 7) New Business. CFD Chief Hazelton provided oral quarterly report supplementing written report. CPD Chief Weiner provided oral quarterly report supplementing written report. Motion by Kianovsky to convene in closed session per state statute 19.85(1)(c) to consider employment, promotion, compensation or performance evaluation data of any public employee(s) over which the PFC has jurisdiction or exercises responsibility. Motion seconded by O’Donnell. Motion to go into closed session carried unanimously. Whereupon the PFC convened in closed session at 6:38 p.m. to consider and interview candidate(s) for Columbus Fire Department Lieutenant (of equipment) position and Columbus Police Department Patrol (part-time) position. (One candidate was not interviewed for CFD Lieutenant Position as the application indicated that candidate did not meet a required job qualification as specified in the written job description for the position.) Motion by O’Donnell to reconvene in open session. Seconded by Kianovsky. Motion passed unanimously. Whereupon the PFC reconvened in open session at 8:12 p.m. Motion by O’Donnell to place Jeff Killian on eligibility list for position of CFD Lieutenant. Seconded by Kianovsky. Motion carried 3 – 0, abstention by Meier. 1  MINUTES of COLUMBUS POLICE AND FIRE COMMISSION August 23, 2023 City of Columbus, City Hall, 2nd Ward Room 105 North Dickason Blvd, Columbus, WI 53925 Motion by Meier to place James Kicmol on eligibility list for position of CPD Patrol (Part Time). Seconded by O’Donnell. Motion carried unanimously. PFC then conducted a discussion and review of draft updated City of Columbus Police and Fire Commission By-laws and Rules of Procedure. The draft will be furnished to the CFD Chief and CPD Chief for review, comment, and any other feedback they may provide for PFC’s consideration. No action taken. 8) Motion by Meier to adjourn. Seconded by O’Donnell. Motion to adjourn carried unanimously. PFC adjourned at 8:29 p.m. The next regular meeting of the PFC is scheduled for 6:00 p.m., on Wednesday, November 8, 2023, at the City of Columbus Council Chambers. Special Meetings may be called in the interim as needed. Minutes submitted by Zev Kianovsky, Secretary, Columbus Police and Fire Commission, City of Columbus, Wisconsin. Minutes are drafted for approval. Minutes approved by PFC on ___11/15/2023___________ 2 City of Columbus Tourism Commission Regular Meeting Minutes Monday, October 2, 2023 6:30 PM, Columbus City Hall • Join by Zoom: https://us02web.zoom.us/j/88377273382?pwd=aldBSGE3V1BVV3VGdzZxK2YyVzIyZz09 • Meeting ID: 883 7727 3382, Passcode: 259545, One Tap Mobile: 312 626 6799 1. Call to order at 6:30pm 2. Roll call - Determination of quorum • Hammer, Famularo, Roelke, and Belschner were present. Staff member Bennett was also present. Walker arrived at 6:32pm. 3. Notice of open meeting • Meeting was properly noticed. 4. Approve agenda • Motion to approve agenda by Roelke, second by Hammer. Motion is approved 4-0. 5. Approve minutes • Motion to approve September 11, 2023 minutes as written by Roelke, second by Belschner. Motion is approved 4-0. 6. Comments of citizens present • Katie Sharrow-Nichols, 480 W School St., was present and suggested that the Tourism Commission partner with the Chamber of Commerce on events. 7. Financial Report • Bennett noted that $40 is anticipated from Two Rivers Signs for a pair of stickers for the wayfinding signs. 8. Old Business a. Staff updates on projects • Bennett is still working on the Tourism build within the City website and had no new updates regarding the calendar. • Bennett shared the metrics from the previous quarter from ChargePoint. There were 14 sessions with no new unique drivers. There was $53.80 in revenue earned with ChargePoint sending payment. The Commission discussed promoting the EV charging station with signage on James Street and possibly with a graphic on the freeway signs. Bennett will need to contact the DOT for more information. 105 N Dickason Blvd • Columbus WI 53925-1565 920-623-5900 • www.cityofcolumbuswi.com City of Columbus Tourism Commission Regular Meeting Minutes Monday, October 2, 2023 6:30 PM, Columbus City Hall • Bennett purchased a pair of vinyl stickers for two signs with available space to add Rotary Park. b. Tourism Survey Update • Famularo shared that there were no new responses since last meeting, nor any news regarding implementation of displays. 9. New Business a. Room Tax Funding Request • Nichols presented on behalf of the Columbus Area Chamber of Commerce the room tax funding application for $2,500 for their Wine Walk event that takes place November 25, 2023. Famularo asked when tickets would become available. Nichols informed that they would be available October 7 on Eventbright. Belschner asked where the event was advertised. The event will be advertised on Facebook and using digital and print. Roelke asked if there were non-alcoholic options promoted. Nichols affirmed that there were various non-alcoholic options as part of the event. Hammer asked which line item this request would be funded from. Bennett stated it would come from Special Events. Belschner asked if there’s a survey of participants and if the results can be shared. Nichols plans to develop an anonymous survey for metrics. The Commission suggested talking to an ad representative since Nichols did not have one yet. • Roelke motions to approve $2,500 to the Chamber of Commerce for the Wine Walk on November 25, 2023. Second by Belschner. Roll call vote: Belschner – aye, Walker – abstain, Hammer – aye, Famularo – aye, & Roelke – aye. Motion passes. b. Action Planning • Bennett presented a list of items from the previous meeting and highlighting the Market Study actions. Belschner brought an example and described what a letter to nearby colleges could look like. It should be short, to-the-point and a reply should ask for referral. • The Commission discussed possible festivals in Columbus. A few ideas were floated around with Public Enemies Day, historical fall fest and graveyard tours with Famularo referencing an historical society event, Roelke suggesting craft festivals with Hammer adding the possibility of a flea market with craft and food vendors, and Belschner suggesting a fest highlighting trains. • The Commission liked the idea of a Public Enemies Days – an event commemorating the filming of the movie, Public Enemies from 2009. 105 N Dickason Blvd • Columbus WI 53925-1565 920-623-5900 • www.cityofcolumbuswi.com City of Columbus Tourism Commission Regular Meeting Minutes Monday, October 2, 2023 6:30 PM, Columbus City Hall Roelke suggested it could run from June 19 through the following weekend. Bennett suggested contacting the studio for licensing rights. Belschner added to contact Rod Melotte for photos’ use. Hammer thought Julie Hornbacher may have contacts as well. Hammer will try to contact Universal about name use. 10. Future agenda items • Holiday Train • Digital Ads 11. Adjourned at 7:20 pm Submitted by David Bennett 105 N Dickason Blvd • Columbus WI 53925-1565 920-623-5900 • www.cityofcolumbuswi.com  COLUMBUS UTILITY COMMISSION MEETING OCTOBER 19, 2023 Columbus Utility Commissioner Vice-President Thom called the Columbus Utility Commission meeting to order at 6:30 pm. Commissioners present-roll call: Thom, Andler, Beckman, Curtis, Hammer, Finkler. Excused Rule. Also, present at the meeting was City Administrator Wilson, City Treasurer Larson, Wastewater Treatment Director Anding and Business Manager Kaltenberg. It was reported that the City Clerk, as required by appropriate Wisconsin Statutes, had given proper public notice of the meeting. The Agenda for the meeting was approved on a motion by Curtis, second by Beckman. Motion carried. The Consent Agenda, which consisted of the September 21st Commission Meeting minutes and the Outage Report. The Commission reviewed the August Cash Disbursements Report; checks numbered 23298-23339 and 37 wire and ACH transfers, totaled $1,146,976.66. The Commission reviewed the Accounts Payable Reports totaling $287,399.64 and the Purchase Order Register totaling $274,510.12. Motion by Curtis, second by Finkler to approve the consent agenda with the change of wording in the minutes from tabled to postponed and to approve paying the requests from the AP Report and the Purchase Order Registers. Roll call vote: Curtis aye, Beckman aye, Finkler aye, Thom aye, Hammer aye and Andler aye. Motion carried. Reports were approved and placed on file. UNFINISHED BUSINESS: NEW BUSINESS: 2024 Columbus Utilities Budget Discussion: Business Manager Kaltenberg presented the proposed electric, water and sewer departments 2024 budget. Motion was made by Andler, second by Hammer to approve the final proposed 2024 Utility Budget as presented with ratification from the City Council. Roll call: Hammer aye, Thom aye, Beckman aye, Finkler aye, Andler aye, and Cutis aye. Motion carried. Adjourn to closed session pursuant to Wis. Stats. section 19.85 (1)(f), considering financial, medical, social or personal histories, which if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data; specifically, to discuss delinquent utility accounts to be placed on the tax roll. Motion by Hammer, second by Andler to go into closed session. Roll call vote: Thom aye, Beckman aye, Finkler aye, Hammer aye, Cutis aye and Andler aye, motion carried and the meeting convened to closed session at 6:53 pm. Motion by Hammer, second by Finkler to reconvene to open session. Motion carried. The meeting reconvened to open session at 7:03 pm. Motion by Hammer, second by Beckman, to approve the Eligible Delinquent Utility Accounts to be placed on Tax Roll as presented. Roll call vote, Curtis aye, Hammer aye, Andler aye, Finkler aye, Beckman aye and Thom aye. Motion carried Motion by Finkler, second by Curtis to adjourn at 7:10 pm. Motion carried. **Next Scheduled Meeting – Thursday, November 16th, 6:30 pm at Columbus City Hall** Respectfully Submitted, Brook Andler Columbus Utility Commission Secretary FUNDING METHODS TO CONSIDER Funding Methods Storm Water Utility Fees Impact Fees Grants Transportation Utility Fees Storm Water Utility Fees User-based All developed properties O&M and capital Quantity and quality Referendum Action: rate study and public education Impact Fees New development / redevelopment Capital for storm water, libraries, parks, transportation, police, fire, water, sewer Many restrictions Action: public needs assessment Grants Free $? Find, apply for, administer Stormwater: Municipal Flood Control, UNPS, TRM Water / Wastewater: Safe Drinking Water and Clean Water Fund Program Loans and principal forgiveness Action: Grants research Transportation Utility Fees User-based All developed properties O&M and capital Court challenges Action: funding report and public education Questions?  2023 AGENDA ITEM Committee of the Whole Meeting date: November 21, 2023 Council Meeting date: December 5, 2023 ITEM: Development RFP for 1400 Park Avenue SUBMITTED BY: Lisa Wilson, City Administrator DETAILED DESCRIPTION OF SUBJECT MATTER: At the November 7, 2023 Common Council meeting, it was requested that the Development RFPs that were prepared and solicited earlier this year be brought back to Council for review and discussion. Staff provided copies of the original memo from April 3, 2023; which included the three (3) RFPs prepared for the following properties: • 1149 West James Street • Land at the Intersection of Western Avenue and Tower Drive • 1400 Park Avenue In order to help guide the conversation, staff also provided an updated draft RFP for the 1400 Park Avenue property at the meeting. Based upon the discussion at the November 21st meeting, staff did update the RFP to include some of the visionary requests of Council as it pertains to maintaining the home on the property and potential reuse of building materials from the agricultural buildings. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: 1. Draft RFP for 1400 Park Avenue ACTION REQUESTED OF COUNCIL: Staff is requesting action of the Council.  City of Columbus 105 N Dickason Blvd, Columbus, WI 53925 (920) 623-5900 www.cityofcolumbuswi.com December 6, 2023 Interested Consultants Re: City of Columbus Request for Proposals Seeking Developer Qualifications and Financial Proposals for the Redevelopment of Property located at 1400 Park Avenue To Whom It May Concern: The City of Columbus is seeking developer qualifications and financial proposals for the redevelopment of property located at 1400 Park Avenue. The subject property is a 7.55-acre parcel with a residential home and several outbuildings owned by the City of Columbus located near the State Highway 73/US Highway 151 Interchange within easy driving distance to the City’s historic downtown. SCHEDULE Request for Proposals Issued…………………December 6, 2023 Deadline to Submit Clarifying Questions…….December 15, 2023 at 4:00 PM, Central Standard Time Request for Proposals Closing Date/Time……January 12, 2024 at 3:00 PM, Central Standard Time Anticipated Contract Start Date………………February-March 2024 TABLE OF CONTENTS Section 1 Notice of Request for Proposals………………………………. 2 Section 2 General Proposal Process……………………………………… 3 Section 3 Scope of Work………………………………………………… 7 Section 4 Proposal Contents…………………………………………….. 11 Section 5 Standard Terms and Conditions……………………………… 13 1 SECTION 1 NOTICE OF REQUEST FOR PROPOSALS Notice is hereby given that the City of Columbus will receive Proposals per specifications until 3:00 PM, January 12, 2024 (CST) (“Closing”), to provide developer qualifications and financial proposals for the redevelopment of property located at 1400 Park Avenue. No Proposals will be received or considered after that time. Proposals must be sent electronically via email to the City Administrator, email: cityadministrator@columbuswi.gov . Proposal file size must be limited to 25 MB. Contact Information Qualifying Questions (by email only): City Administrator at cityadministrator@columbuswi.gov The City reserves the right to reject any or all Proposals not in compliance with all prescribed public RFP procedures and requirements and may reject for good cause any or all Proposals upon the finding that it is in the public interest to do so and to waive any and all informalities in the public interest. In the award of the contract, the City will consider the element of time, will accept the Proposal or Proposals which in their estimation will best serve the interests of the City and will reserve the right to award the contract to the contractor who’s Proposal must be best for the public good. A development agreement incorporating the terms of this RFP shall be entered into by successful proposer after award of the project and before the work may commence. The City encourages proposals from minority, women, and small business enterprises. 2 SECTION 2 GENERAL PROPOSAL PROCESS The City reserves the right to reject any or all Proposals received because of this RFP. 2.1 Modification or Withdrawal of Proposal. Any Proposal may be modified or withdrawn at any time prior to the Closing deadline, provided that a written request is received by the City of Columbus, prior to the Closing. The withdrawal of a Proposal will not prejudice the right of a Proposer to submit a new Proposal prior to the closing deadline. 2.2 Requests for Clarification and Requests for Change. Proposers may submit questions regarding the specifications of the RFP. Questions must be received in writing via email at cityadministrator@columbuswi.gov on or before December 15, 2023 at 4:00 p.m. (CST) to the contact information as listed in Section 1 of this RFP. Requests for changes must include the reason for the change and any proposed changes to the requirements. The purpose of this requirement is to allow the City the opportunity to provide clarifications or adjust RFP terms or technical requirements prior to the opening of Proposals. The City will consider all requested changes and, if appropriate, amend the RFP. The City will provide reasonable notice of its decision to all Proposers that have provided an email address to the City of Columbus for this procurement. No oral or written instructions or information concerning this RFP from City officials, employees or agents to prospective Proposers must bind City unless included in an Addendum to the RFP. 2.3 Addenda. If any part of this RFP is changed, an addendum will be provided to Proposers that have provided an address to the City of Columbus for this procurement. It must be the proposer’s responsibility to regularly check the City’s website at https://www.cityofcolumbuswi.com/2437/RFPs for any published Addenda or response to clarifying questions. 2.4 Submission of Proposals. Proposals must be submitted in accordance with this RFP. All Proposals must be legibly written in ink or typed and comply in all regards with the requirements of this RFP. All Proposals must include a cover letter with a signature that affirms the Proposer’s intent to be bound by the Proposal. If a Proposal is submitted by a firm or partnership, the name and address of the firm or partnership must be shown, together with the names and addresses of the members. If the Proposal is submitted by a corporation, it must be signed in the name of such corporation by an official who is authorized to bind the contract. No late Proposals will be accepted. Proposals submitted after the Closing will be considered late and will be returned unopened. Proposals must be submitted via email only. 2.5 Evaluation Criteria If a firm submits a complete proposal by the Request for Proposal deadline, an evaluation of the proposal will be performed, based on a competitive selection process. Each of the major sections of the proposal will be reviewed and evaluated with criteria designed to help judge the quality of the proposal. Evaluation of proposals will not be limited to price alone; but technical merit, expertise, track record references, completeness of proposal documents, and demonstrated successes will be strongly considered in the selection process. The following criteria will be used in reviewing and comparing the proposals: 1. Demonstrated credentials, experience, and reputation of personnel identified to lead, execute, deliver, and manage the project to include key proposed consultants such as the design architect, urban designer, architect-engineer, engineer, landscape architect, constructor, etc., if applicable. 2. Evidence of project specific experience in successful developments, marketing, and economic performance of high quality residential developments. 3  3. Evidence of successful past performance through references of previous clients, specifically local governments. 4. Demonstrated organizational and managerial capability to successfully execute and deliver projects of similar or larger scopes, values, and quality to include an expected execution schedule upon receipt of City approval. 5. Provide evidence of the Developer’s access to the capital resources, both equity and debt, necessary to finance the development of the Project. The following items must be identified: (a) financial statement of the Developer, (b) description of projects currently under development or committed to, including the status, development schedule, financing sources (both equity and debt capital), and (c) identification of other relationships (and contact information) with sources of equity and debt capital in addition to the financing sources on completed and active projects. 6. Demonstrated ability to design, plan, and implement a Project that fits into the context and character of Columbus and the neighborhood where the property is located. The quality of the planning and design of residential communities, specifically single-family and multi-family attached developments; and demonstrated creative design solutions and experience with community design in residential development, will all be considered. 7. Evidence of the quality of residential construction in previous projects, including demonstrated expertise in the supervision of construction activities, project completion on schedule and experience in prevailing wage construction. 8. Evidence of the ability of the Proposer to effectively communicate with the City, to establish clear lines of responsibility within the Development Team on which the City can rely during negotiations, implementation, and completion of the Project. 9. Experience in working with public entities on public/private real estate development projects and the willingness to engage in public outreach efforts to the City and local community. 10. Demonstrated understanding of the background and requirements of the Scope of Work for the project. 2.6 Post-Selection Review and Notice of Intent to Reward Contract. The City will name the apparent successful Proposer in a “Notice of Intent to Award” letter. Identification of the apparent successful Proposer is procedural only and creates no right of the named Proposer to award of the contract. 2.7 Investigation of References. The City reserves the right to investigate all references in addition to those supplied references and investigate past performance of any Proposer with respect to its successful performance of similar services, its compliance with specifications and contractual obligations, its completion or delivery of a project on schedule, its lawful payment of subcontractors and workers, and any other factor relevant to this RFP. The City may postpone the award or the execution of the contract after the announcement of the apparent successful Proposer to complete its investigation. 2.8 RFP Proposal Preparation Costs and Other Costs. Proposer costs of developing the Proposal, cost of attendance at an interview (if requested by the City), or any other costs are entirely the responsibility of the Proposer and will not be reimbursed in any manner by the City. Proposer must not include any such expenses as part of the price proposed in response to this RFP. The City must be held harmless and free from any or all liability, claims, or expenses whatsoever incurred by, or on behalf of, any person or organization responding to this RFP. 2.9 Clarification and Clarity. The City reserves the right to seek clarification of each Proposal, or to make an award without further discussion of Proposals received. Therefore, it is important that each Proposal be submitted initially in the most complete, clear, and favorable manner possible. 2.10 Right to Reject Proposals. The City reserves the right to reject any or all Proposals or to withdraw any item from the award, if such rejection or withdrawal would be in the public interest, as determined by the City. 4 2.11 Cancellation. The City reserves the right to cancel or postpone this RFP at any time or to award no contract. 2.12 Oral Presentations. At the City’s sole option, Proposers may be required to give an oral presentation of their Proposals, a process which would provide an opportunity for the Proposer to clarify or elaborate on the Proposal but will in no material way change Proposer’s original Proposal. If the City requests presentations, the City will schedule the time and location for said presentation. Any costs of participating in such presentations will be borne solely by Proposer and will not be reimbursed by the City. 2.14 Usage. It is the intention of the City to utilize the services of the successful Proposer(s) to provide services as outlined in the below Scope of Work. 2.15 Review for Responsiveness. Upon receipt of all Proposals, the City or designee will determine the responsiveness of all Proposals. If a Proposal is incomplete or non-responsive in significant part or in whole, it will be rejected and will not be submitted to the evaluation committee. The City reserves the right to determine if an inadvertent error is solely clerical or is a minor informality which may be waived, and then to determine if an error is grounds for disqualifying a Proposal. The Proposer’s contact person identified on the Proposal will be notified, identifying the reason(s) the Proposal is non-responsive. One copy of the Proposal will be archived, and all others discarded. 2.16 RFP Incorporated into Development Agreement. This RFP will become part of the Development Agreement between the City and the selected contractor(s). The contractor(s) will be bound to perform according to the terms of this RFP, their Proposal(s), and the terms of a development agreement. 2.17 Communication Blackout Period. Except as called for in this RFP, Proposers may not communicate with members of the Columbus Common Council or other City employees or representatives about the RFP during the procurement process until the apparent successful Proposer is selected, and all protests, if any, have been resolved. Communication in violation of this restriction may result in rejection of a Proposer. Refer to Section 2.2 Requests for Clarification and Requests for Change. 2.18 Prohibition on Commissions and Subcontractors. The City will contract directly with persons/entities capable of performing the requirements of this RFP. Contractors must be represented directly. Participation by brokers or commissioned agents will not be allowed during the Proposal process. 2.19 Ownership of Proposals. All Proposals in response to this RFP are the sole property of the City, and subject to the provisions of public records. 2.20 Clerical Errors in Awards. The City reserves the right to correct inaccurate awards resulting from its clerical errors. 2.21 Rejection of Qualified Proposals. Proposals may be rejected in whole or in part if they attempt to limit or modify any of the terms, conditions, or specifications of the RFP. 2.22 Collusion. By responding, the Proposer states that the Proposal is not made in connection with any competing Proposer submitting a separate response to the RFP and is in all aspects fair and without collusion or fraud. Proposer also certifies that no officer, agent, elected official, or employee of City has a pecuniary interest in this Proposal. 2.23 Proposal Evaluation. Proposals will be evaluated by the City and potentially external representatives. 5 2.25 Nondiscrimination. The successful Proposer agrees that, in performing the work called for by this RFP and in securing and supplying materials, contractor will not discriminate against any person based on race, color, religious creed, political ideas, sex, age, marital status, sexual orientation, gender identity, veteran status, physical or mental handicap, national origin or ancestry, or any other class protected by applicable law. 6 SECTION 3 SCOPE OF WORK 3.1 Project Description and Introduction The City of Columbus is seeking developer qualifications and financial proposals for the redevelopment of property located at 1400 Park Avenue. The subject property is a 7.55-acre parcel with an existing residential home and several agricultural outbuildings owned by the City of Columbus located near the State Highway 73/US Highway 151 Interchange and within short driving distance to the City’s historic downtown. It is anticipated that the City will work with one Developer (or Development Team) to execute a residential project. The City does not intend to enter into any other formal relationship with the Developer other than a possible development agreement, which is related to the subject property only. The City and Developer shall each be responsible for their own resources. The City’s role and intent is to remain the current owner of the site until such time as the Developer acquires the site for development purposes. In addition, the City’s role, through the Common Council, is to act as the final approving body for any development agreement, economic incentives, or entitlement/land use approvals based upon recommendations of the Plan Commission. The Developer selected by the City to execute a residential project based on proposals shall have the rights to purchase and redevelop the subject property. The selected Developer as part of a development agreement may be required to provide certain public structures and/or infrastructure as required to complete the project in conformance with a development agreement and any land use or development approvals granted or recommended for approval by the Plan Commission. The Development Agreement which must be approved by the Common Council and signed by both parties, in which the Developer will agreed to the redevelopment of the site in accordance with City approved plans, pursuant to the terms and conditions of the development agreement. The development agreement will contain provisions governing all aspects of the project, including, but not limited to, due diligence periods, conveyance, development and zoning approvals, developer/City obligations, security requirements, infrastructure improvements, letters of credit, construction schedule, and any requested development incentives. The information contained within this RFP presents the characteristics of the site, its context, and general information related to its potential redevelopment. The information should not be treated as inclusive of all of the data that is available, but shall be considered a reasonable attempt to provide key elements of the existing master plan, codes, and policies related directly or indirectly to the site. This RFP also outlines the roles of interested parties, the minimum submission requirements, and the selection process. 3.2 Project Scope Background The City of Columbus seeks proposals and qualifications from developers for the redevelopment of property comprised of 7.55 acres. The property has several structures to include a residential home and several outbuildings previously associated with an operating farm. The City purchased the property in 2022 for redevelopment purposes, particularly with the wishes of transitioning the property to residential development to meet the housing needs identified within the community. 7  Columbia County Interactive Map – Land Information Department 11/20/2023 Site Data Address 1400 Park Avenue Parcel ID 11211-1188.046 Zoning RD – Rural Development Future Land Use Designation Single-Family Residential City of Columbus GIS & Asset Management site 11/20/2023 The property is currently zoned Rural Development (RD) District. The Rural Development District is a holding zone for areas that may be required for future urban development and allows for new large-lot residential development. As a holding zone these area can be rezoned in accordance with the future land use designation provided for within the City’s Comprehensive Plan, where logical extension of utilities and facilities can be assured. The Future Land Use Designation guides the property for single-family residential development, which is intended to accommodate single-family residential and some duplex development. This land use designation corresponds to the R-1: Low Density Residential District, R-2: Medium Density Residential District, and R-3: High Density Residential District. For more information regarding the zoning district requirements, please view the City website at: https://library.municode.com/wi/columbus/codes/code_of_ordinances?nodeId=MUCO_CH114ZO_ARTI IIDI_DIV2REDI The area surrounding the site is mainly comprised of residentially zoned property. To the north and west, areas are zoned R-2 Medium Density Residential, while to the south properties are mainly zoned R-4 Multi-family Residential. R-1 Low Density Residential is located to the east of the property. As one travels south on Park Avenue, near the intersection with US 151 there is a pocket of Highway 8 Commercial uses which include the Prairie Ridge Clinic and Hospital. If one heads north on Park Avenue, there are pockets of General Commercial uses consisting of small retail and/or office spaces. Community Data Population 5,484 County Median Income $73,786 City Median Household Income $62,833 % Owner-occupied housing 65.2% Median Home Value (city) $170,500 Median Gross Rent (city) $789 Connecting Highway Corridors US 151, State Highway 73, State Highway 89, State Highway 16 Train Station Amtrak – Downtown Columbus Grocery Stores Pick N Save Schools Columbus Public Schools, Discovery Charter School, JEDI Virtual School, Transition House, 4K Program, St. Jerome’s School, Zion Lutheran School Colleges/Universities Madison College, Moraine Park Technical College, Lakeland University, Herzing University, Cardinal Stritch University, University of Wisconsin System Hospitals/Clinics Prairie Ridge Health Clinic, Prairie Ridge Health Hospital, Marshfield Medical Center, SSM Health Dean Medical Group Parks Fireman’s Park, Enerpac Park, Kiwanis Park, Meister Park, Rotary Park, Avalon Park, Butterfly Trails https://www.census.gov/quickfacts/columbuscitywisconsin Scope of Work The City envisions that the site will be used for residential purposes, particularly for affordable or workforce housing. The chosen developer would be responsible for providing sidewalks to serve pedestrians in and around the site in an effort to make connections to the larger surrounding neighborhood. Developers should anticipate the following public improvements: sidewalks, roadways, landscaping, street lighting, storm water improvements, and any necessary water and sewer connections/laterals for the development. Development proposals could include new and existing structures on the site. The City would like to see the existing home incorporated into the site design, if possible. Several of the outbuildings do not appear structurally sound and may require removal. Consideration should be given to the reuse of materials from the agricultural structures as part of the development design. As mentioned, the site’s zoning will need to be addressed to meet the vision of the City for the property. While there are several zoning districts that correspond to the underlying future land use designation, the City will consider a Planned Unit Development to accomplish the development goals noted within this RFP. Goals and Objectives The goal of the City of Columbus is to provide a high quality, fiscally successful residential development aimed to provide affordable or workforce housing for the community, which blends with the surrounding neighborhood and meets the intent of the City long range plans. The development shall meet the following criteria: • Property shall remain taxable. • Buildings must be pre-fabricated or “stick-built”; no single-wide or double-wide manufactured or modular homes are allowed. • The home appearance and architectural features shall be consistent with the surrounding neighborhood. 9 • Employ sustainability, best practices in storm water management, and use of high quality building materials to create an innovative project. 10 SECTION 4 PROPOSAL CONTENTS Submittals should be limited to 8.5 x 11 sheet size and should be submitted electronically to the City Administrator at cityadministrator@columbuswi.gov . Each submittal should follow the requested format and be organized with tabs according to the following major categories. Addenda to submittals will not be considered. Proposers must provide the following information in the proposal, which appears below: 4.1 Cover Letter. The cover letter should include the name, title, address, phone number, email address, and original signature of an individual with authority to negotiate on behalf of and to contractually bind the firm, and who may be contacted during the period of proposal evaluation. 4.2 Development Team Qualifications. The prospective Developer must demonstrate experience with facilitating successful projects of similar scope and quality. The relevant qualifications submissions must be a part of and fit into the response but outside of this requirement the perspective Developer can determine the format. A short project synopsis addressing the scope, budget schedule and reference contact must be provided. The City will look for a minimum level of experience to be demonstrated including but not limited to the following: • Demonstrated experience in, preferably, at least two (2) completed projects of similar size and quality as envisioned for this project. • Demonstrated financial resources and commitments to both acquire and develop the property as provided in financial statements, evidence of equity and debt financing, or other similar demonstrations. • A list of projects led by the Developer over the past five (5) years prior to the due date of this request including project overall size and by type of use (e.g. owner-occupied, rental, single family, row homes, duplexes, apartments, etc.), overall construction cost, major tenants, absorption, current photos of site, and the current occupancy and ownership of these projects. 4.3 Project Understanding and Approach. Describe the plans for accomplishing the required work. Include a work plan and a proposed schedule showing tasks and time frames necessary to complete the scope of services. Include the management approach to the work, location where work will be done, responsibilities for coordination of work with the City, and lines of communication needed to maintain the required development agreement. 4.4 Developer Description. • Legal Name of the proposed development entity. • Proposed form/structure of the proposed development (e.g., Corporation, Partnership, Limited Liability Company, Individual, Joint Venture, Not-for-Profit, etc.). • Date established to include constituent firms/partners/team members if a joint venture is proposed. • Subsidiary status or affiliation with any other/parent entity including the name and address of a relationship to the parent or parent as well identification of its key officers. • Names, addresses, title of position and nature and extent of the interest of the officers. 4.5 Developer Organization and Capacity. • Proposed organizational chart identifying the Developer functions, roles, and responsibilities. • Development team partners, and/or consultants proposed to deliver the project including the relevant experience and a clear description of their roles and responsibilities. • Verification that the development team members presented in this section have contributed to the successful past projects presented by the perspective developer. 11  • Anticipated general and tentative development/construction schedule, if selected. It is recognized that many factors impact any expected schedule; and those factors may be outside of the perspective developer’s direct control. A mutually agreed upon schedule would be part of the development agreement. However, this information will assist the City in assessing a perspective developer’s experience with a project of this type and insight into how the prospective Developer proposes to manage the project process to successful completion. • The number, location, and magnitude of project currently on the prospective developer’s work plan for the next two calendar years. 4.6 Financial Information. The following information relative to each person with an ownership interest in the development entity and the development entity itself: • Audited financial statement or federal income tax forms for the last two (2) years. • References from financial institutions with whom the Developer has dealt as a borrower or as a joint venture partner. • Proposed sources of financing and preliminary evidence of interest from financial institutions or partners if available. • List of pending litigation or other disputes including court case numbers, status, potential of a financial settlement, and impact on your ability to complete the project. • Filings for bankruptcy including dates and circumstances, or foreclosures or returns to lenders via deed in-lieu of foreclosure. 4.7 Summery Statement of Project Funds and Anticipated Development Incentives. Provide information regarding the sources and uses of project funds as well as any incentives requested by the developer of the City for the proposed project. 12 SECTION 5 STANDARD TERMS AND CONDITIONS 5.1 Applicability. These standard terms and conditions apply to Requests for Written Quotes (RFWQ), Bids (RFB), Proposals (RFP), contracts and all other applicable transactions whereby the City acquires goods or services, or both. The terms of this section shall be incorporated into the Development Agreement. By submitting a proposal, the Proposer is agreeing to be bound by these terms and conditions along with any other terms or conditions set forth elsewhere in this RFP. Special provisions for a development agreement may also apply. 5.2 Deviations and Exceptions. Deviations and exceptions from terms, conditions, or specifications must be described fully, on the proposer’s letterhead, signed, and attached to the bid/proposal. In the absence of such statement, the bid/proposal must be accepted as in strict compliance with all terms, conditions, and specifications and the vendor must be bound to the provisions. 5.3 Acceptance-Rejection. The City of Columbus reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, and to accept any part of a bid/proposal as deemed to be in the best interests of the City. Submission of a proposal or a bid constitutes the making of an offer to contract and gives the City an option valid for six (6) months after the date of submission to the City. The City reserves the right to perform background and reference checks on vendors providing goods and/or services to the City. Bids/proposals MUST be date and time stamped by the City of Columbus on or before the date and time that the bid is due. Bids dated and time stamped (via email) after the deadline will be rejected. Actual receipt by the City is necessary. Receipt of a bid by the vendor email system does not constitute receipt of a bid by the City. THERE WILL BE NO EXCEPTIONS TO THIS POLICY. Bids must be submitted electronically on company letterhead and signed by an officer of the company. The subject line of the email must indicate the title of project for which vendor is submitting bid. 5.4 No Waiver of Default. In no event must the making of any payment or acceptance of any service or product constitute or be construed as a waiver by the City of any breach of the covenants of a contract, or a waiver of any default of the successful vendor. The making of any such payment or acceptance of any such service or product by the City while any such default or breach must exist must in no way impair or prejudice the right of the City with respect to recovery of damages or other remedy as a result of such breach or default. 5.5 Entire Agreement. These Standard Terms and Conditions must apply to any contract, agreement, or order awarded as a result of this request. Special requirements of a resulting contract may also apply. The written contract and/or order with referenced parts and attachments must constitute the entire agreement, and no other terms and conditions in any document, acceptance, or acknowledgment must be effective or binding unless expressly agreed to in writing by the City. 5.6 Applicable Law. This contract must be governed by the laws of the State of Wisconsin, and venue for any legal action between the parties must be in the Columbia County Circuit Court. The proposer must at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The City of Columbus also reserves the right to cancel this contract if the City learns the contractor is debarred from a local governmental entity, the State of Wisconsin or federally debarred contractor or a contractor that is presently identified on the list of parties excluded from local or federal procurement and non-procurement contracts. 5.7 Antitrust Compliance. Those parties contracting with the City or submitting bids under this Request for Bid, certify that with respect to all aspects of this bid and any subsequent agreement they have 13 complied and will comply with all Federal and State Anti-Trust and Restraint of Trade laws and regulations. FURTHERMORE, said party agrees to defend and hold harmless the City of Columbus against any claims to the contrary. 5.8 Assignment. No right or duty in whole or in part of the proposer under a contract may be assigned or delegated without the prior written consent of the City of Columbus. 5.9 Subcontracting. If sub-contractors are to be used, this must be clearly explained in the Proposal. Awarded proposer will not be permitted to sublet, sell, transfer, assign or otherwise dispose of the contract or any portion therein, or its right, title, or interest in the contract to any person, vendor(s) or other organization without prior written consent of the City. No subcontract must, under any circumstances, relieve the contractor of liability and obligation under this contract. The awarded contractor must be fully responsible for the acts, errors, and omission of subcontractor(s). 5.10 Nondiscrimination/Affirmative Action. The proposer agrees, in accordance with Sec. 111.321, Wis. Stats. not to discriminate against any person, whether an applicant or recipient of services, an employee, or applicant for employment, on the basis of age, race, ethnicity, religion, color, gender, disability, marital status, sexual orientation, national origin, cultural differences, ancestry, physical appearance, arrest record or conviction record, military participation or membership in the national guard, state defense force or any other reserve component of the military forces of the United States, or political beliefs. The proposer must provide a harassment-free work environment. These provisions must include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, termination, training, including apprenticeships, rates of pay or other forms of compensation. Failure to comply with these Terms and Conditions may result in the vendor being debarred, termination of the contract and/or withholding of payment. 5.11 Safety Requirements. All employer practices, employee practices, materials, equipment, and supplies provided to City of Columbus must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards. The proposer must comply with the City’s worksite rules. Proposer must comply, train, and accept exclusive responsibility for its employees while on City property. 5.12 Indemnification and Insurance. The proposer must bear the full and complete responsibility for all risk of damage of premises, equipment, procedure, or money resulting from any cause whatsoever and must not penalize the City for any losses incurred. Proposer must indemnify, hold harmless, and defend the City of Columbus, its officers, boards, commissions, agents and employees from any and all liability, claims, demands, losses (including, but not limited to, property damage, bodily injury and loss of life), costs, expenses or damages which the City of Columbus, its officers, employees, agents, boards, or commissions may sustain, incur or be required to pay by reason of proposer furnishing goods or services required to be provided pursuant to this contract where such liability is founded upon or grows out of acts or omissions of any agents or employees of the vendor. Nothing contained herein must require vendor to defend or indemnify the City for losses, damages, injuries, or death arising out of the negligence of the City, its agents or employees. The obligations of vendor under this paragraph must survive the expiration or termination of the contract or agreement. To secure proposer’s obligation to hold harmless and indemnify the City, proposer must procure and maintain the following insurance: Worker’s Compensation Insurance as prescribed by the laws of the State of Wisconsin. General Liability: 14  General Aggregate $1,000,000.00 Products-Comp/Op Agg $1,000,000.00 Personal & Adv. Injury $1,000,000.00 Each Occurrence $1,000,000.00 Automobile: (Combined single limit) $1,000,000.00 Professional Liability: $1,000,000.00 Excess Liability: (Umbrella) $1,000,000.00. (Each occurrence and aggregate.) The proposer must add the City of Columbus, its officers, agents and employees as must be named as an additional named insured. Proposer must provide policy, countersigned by an insurer licensed to do business in the State of Wisconsin, covering the period of the agreement/contract indicating that the City of Columbus is an additional named insured on public liability, professional liability and property damage insurance required above. Proposer must provide insurance certificates indicating required coverage, countersigned by an insurer licensed to do business in Wisconsin, covering the period of the agreement/contract. The insurance certificate is required to be presented prior to the issuance of the purchase order or before commencement of the contract. 5.13 Termination for Default. Failure of the awardee to perform any of the provisions of the contract must constitute a breach of contract, in which case, the City may require corrective action within ten calendar days (10) from date of receipt of written notice citing the exact nature of such breach. Failure to take corrective action or failure to provide a written reply within the prescribed 10 days must constitute a default of the contract. If defaulted, the contractor must be liable for liquidated damages, if any, the City of Columbus reserves the right to enforce the performance of this contract in any manner prescribed by law in the event of breach of default of this contract and may contract with another party with or without solicitation of proposals or further negotiations. As a minimum, contractor must be required to pay any difference in the cost of securing the products or services covered by this contract or compensate for any loss to City should it become necessary to contract with another source because of this default, plus reasonable administrative costs, reasonable attorney’s fees, court cost and expenses. 5.14 Termination for Convenience. Upon seven (7) calendar days written notice delivered by first class postpaid United States Mail, to the address indicated in the proposal/bid, to the successful bidder/proposer, the City of Columbus may without cause and without prejudice to any other right to remedy, terminate the agreement for the City of Columbus’s convenience whenever the City determines that such termination is in the best interest of the City. Where the agreement is terminated for convenience of the City of Columbus the notice of termination must state that the contract is being terminated to the convenience of the City of Columbus under the termination clause and the extent of the termination. Upon receipt of such notice, the contractor must promptly discontinue all work at the time and to the extent indicated on the notice of termination. The contractor must also terminate all outstanding sub-contractors and purchase orders to the extent that they relate to the terminated portion of the contract and refrain from placing further orders and subcontracts except, as they may be necessary and complete any continued portions of the work. 5.15 Recordkeeping and Record Retention – Public Works Contracts. The contractor on a public works contract must establish and maintain adequate payroll records for all labor utilized as well as records for all expenditures incurred under the contract. All records must be kept in accordance with generally accepted accounting procedures. All procedures must be kept in accordance with generally accepted accounting procedures. The City of Columbus must have the right to audit, review, examine, copy, and transcribe any such records or documents relating to any contract resulting from this 15 bid/proposal held by the contractor. The vendor will retain all documents applicable to a contract for a period of not less than five (5) years after final payment is made. 5.16 Public Records, General. It is the intention of the City to maintain an open and public process in the solicitation, submission, review, and approval of procurement activities. Bid/proposal openings are public unless otherwise specified. If awarded this contract, Vendor must assist the City of Columbus in complying with any public records request made under Wisconsin Law or Federal Freedom of Information Act. The Parties acknowledge that the City of Columbus is a municipal corporation legally bound to comply with the Wisconsin Public Records Law and Open Meetings Law (see sections 19.32-19.39 & 19.81- 19.98, Wis. Statutes) and that, unless otherwise clearly allowed by law to be an exception to the Public Record Law and confidential, all aspects of this Agreement are subject to open disclosure and are a matter of public record. It is further agreed to that neither party will take any action to obstruct the operation of these laws. To comply with any request under said Public Record Law, the provider/contractor herein must produce copies of all materials gathered or produced or modified pursuant to this contract to the City of Columbus, in their original (i.e., electronic or digital, etc.) format at actual cost of reproduction, without profit. According to Wisconsin case law, even if records are created or maintained by, or in the custody of, the provider as an independent contractor, they, along with the raw data used to create the record, are nevertheless public records that must be made available to the public within a reasonable time and without delay upon request by any person, and in the format in which they were created. Provider/contractor agrees to hold the City of Columbus, its agents, officials and employees harmless and to indemnify them and the City of Columbus for all costs, fees, including all reasonable attorney fees and expense of all kinds, and any judgments, orders, injunctions, writs of mandamus, and damages or expense of whatever kind for which the City of Columbus or its agents , officials or employees may expend or be held liable due to the Provider/contractor ’s failure to comply with the Wisconsin Public Records and Open Meetings laws, or with this agreement. Any Public Record Law request received directly by a contractor related to this contract with the City of Columbus must immediately be reported to the City Administrator and/or City Clerk for the City. 5.17 Public Records, Trade Secrets/Proprietary Information. Any restrictions on the use of data contained within a request must be clearly stated information identified on a document created by the Proposer labeled “Trade Secret, Confidential and Proprietary Information Form” included with the proposal. Proprietary information submitted in response to a request will be handled in accordance with applicable the Wisconsin Public Records Law. If the vendor asserts in the bid/proposal that any of its books and records of its business practices and other matters collectively constitute a trade secret as that term is defined in s. 134.90(1)(c), Wis. Stats., City will not release such records to the public without first notifying the vendor of the request for the records and affording the vendor an opportunity to challenge in a court of competent jurisdiction the requester’s right to access such records. The entire burden of maintaining and defending the trade secret designation must be upon the vendor. The vendor acknowledges and agrees that if the vendor fails to initiate legal action to defend the trade secret designation within 5 business days of written notification of Public Records Request, or be unsuccessful in its defense of that designation, City shall be required to and will release the records. In the event that the City of Columbus becomes involved in an action under the Wisconsin Open Records law, or other applicable law or laws relating in any way to of any trade secret or any information designated as Propriety information on the “Trade Secret, Confidential and Proprietary Information Form” Proposer shall, at is sole cost and expense, fully cooperate with Sauk County in the defense of said action, including but not limited to providing access to the City of Columbus to materials needed, or potentially needed for discovery and defense of the action. In the event that the City of Columbus becomes involved in an action under the Wisconsin Open Records law, or other applicable law or laws relating in any way to a trader secret listed on “Trade Secret, Confidential and Proprietary Information 16 Form”, and such item is determined by a court of competent jurisdiction to be releasable to any person under any such law, then, Proposer shall pay all of the costs of litigation of the City of Columbus, including but not limited to actual attorney’s fees, and also all fines or penalties levied against the City of Columbus or any of its elected officials, employees, or agents for failure to release. 5.18 Public Records, Confidential Information (Not subject to Section 5.30 above). Information supplied by Proposer to the City of Columbus is subject to Subchapter II, Chapter 19 of the Wisconsin Statutes (the Wisconsin Open Records law). For the purposes of this contract the only information supplied by Proposer to the City of Columbus that may be considered confidential information not subject to Section 5.30 above shall include only the information identified on a document created by the Proposer labeled “Trade Secret, Confidential and Proprietary Information Form” included with the proposal. It is expressly agreed by the parties that this contract itself is not a trade secret, and, therefore, need not be held in confidence by the City of Columbus. The parties agree that, Proposer would not enter into this contract, and would not release to the City of Columbus the items listed on the “Trade Secret, Confidential and Proprietary Information Form” as confidential/proprietary without this restriction. Notwithstanding the foregoing, confidential information shall not include information that the receiving party can document was independently developed by them without use of the other party’s confidential information, known prior to disclosure or acquired from a third party free of disclosure obligations. The confidentiality restriction is subject and subordinate to the Wisconsin Open Records Law and other applicable laws relating to public records. Proposer understands and agrees that, because the City of Columbus is party to this contract, provisions of the Wisconsin Open Records Law and other laws relating to public records may apply to records kept by Proposer. Proposer agrees to fully comply with such laws, and to cooperate with the City of Columbus in its compliance with such laws. Cooperation shall include, but not be limited to, the provision of records, or copies of records to City or others upon the request of the city. Compliance and cooperation of Proposer shall be at its sole cost and expense. In the event that the City of Columbus becomes involved in an action under the Wisconsin Open Records law, or other applicable law or laws relating in any way to the confidentiality of any item listed on “Trade Secret, Confidential and Proprietary Information Form” Proposer shall, at its sole cost and expense, fully cooperate with the City of Columbus in the defense of said action, including but not limited to providing access to the City of Columbus to materials needed, or potentially needed for discovery and defense of the action. In the event that the City of Columbus becomes involved in an action under the Wisconsin Open Records law, or other applicable law or laws relating in any way to the confidentiality of any item listed on “Trade Secret, Confidential and Proprietary Information Form”, and such item is determined by a court of competent jurisdiction to be releasable to any person under any such law, then, Proposer shall pay all of the costs of litigation of the City of Columbus, including but not limited to actual attorney’s fees, and also all fines or penalties levied against the City of Columbus or any of its supervisors, employees or agents for failure to release. Proposer asserts, and City understands that, without this pledge of confidentiality, Proposer would not provide the confidential information to City and would not enter into this contract with City. 5.19 Patent, Copyright and Trademark Infringement. The contractor guarantees goods sold to the City were manufactured or produced in accordance with applicable federal labor laws, and that the sale or use of the articles described herein do not infringe any patent, copyright, software, or trademark. The contractor covenants that it will, at its own expense, defend and hold harmless the City from every suit which must be brought against the City of Columbus (provided that such contractor is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent, copyright, software or trademark by reason of the sale or use of such articles, and agrees that it will pay all costs, damages, and profits, reasonable expenses, reasonable attorney fees in defense of such actions, recoverable in any such suit. 5.20 Licensure, Certification, and Statutory Requirements. Contractor is responsible to comply with all statutory rules and regulations. All federal, state, and local laws, rules, and regulations governing the goods or service described in the specification will apply and will be deemed incorporated into the 17 contract. These requirements must be at contractor’s expense. When required any and all permits and inspections must be included in the bid price and must not be an additional cost to the City. 5.21 Promotional Releases. Contractor agrees not to refer to award of this contract in commercial advertising in such a manner as to state or imply that the services provided are endorsed or preferred by the City of Columbus. 5.22 Force Majeure. Neither party must be in default under this Agreement if nonperformance of any condition is due to reasons beyond the reasonable control of the party, and nonperformance is not due to a party’s negligence. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the United States government in either its sovereign or contractual capacity, fires, floods, pandemics, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather. City of Columbus City Administrator 105 N Dickason Blvd Columbus, WI 53925 E-mail: cityadministrator@columbuswi.gov 18  2023 AGENDA ITEM COMMITTEE OF THE WHOLE DATE: December 5, 2023 COUNCIL DATE: December 5, 2023 DETAILED DESCRIPTION OF SUBJECT MATTER: Memorandum of Understanding (MOU) with Columbia County Health & Human Services – Nutrition Site 2024 Each year, the City of Columbus receives an MOU from the Columbia County Health & Human Services Department to use the Columbus Senior Center as a meal site / distribution point for meals to those in need. One change to the MOU was to update the name of the site to Columbus Community Center. There is no cost to the City for this service. NUMBER OF ATTACHMENT PAGE(S) IS FUNDING REQUIRED? _________YES __X_______NO FUNDING SOURCE: ___________________________ DEPARTMENT: ___________________________ ACCOUNT NUMBER: ___________________________ MOTION REQUESTED OF COUNCIL: o Discuss & forward the 2024 MOU with Columbia County Health & Human Services for the Nutrition site  COLUMBIA COUNTY HEALTH AND HUMAN SERVICES ( ) County Copy AGING & DISABILITY RESOURCE CENTER ( ) Provider Copy 2024 Memorandum of Understanding MOU #2024-0 MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN COLUMBUS COMMUNITY CENTER (“Center”) AND THE SENIOR NUTRITION PROGRAM (“Program”) OF COLUMBIA COUNTY FOR JANUARY 1, 2024 THROUGH DECEMBER 31, 2024. The following MOU shall govern the use of the facilities of the Center by the Senior Nutrition Program, to-wit: 1. The Center agrees to permit the use of the Community Center Building and facilities located at 125 North Dickason Blvd in the City of Columbus for the conduct of a Senior Nutrition Program. These facilities include the kitchen and the non-exclusive use of the dining room area with table and chairs along with the restrooms. These facilities will be made available to the Program between the hours of 9:00 am and 1:00 pm for the serving of an 11:30 meal Monday through Friday of each week. The Program agrees to have a paid or volunteer Site Manager present during the serving of all meals. During the Program’s use of the building and facilities the Center shall have the ability to use the same building and facilities provided the Center’s use of the building and facilities does not interfere with the Program’s use of the same facilities. 2. The Center will provide the Program with working appliances, electricity, heat, hot water, pest control, snow/ice removal and adequate restroom facilities. The parking lot of the Center is a public parking lot and is available to the program for use. 3. The Program agrees to clean the kitchen and adjoining facilities after each use, including, but not limited to: wiping down all counter tops, cupboards, and tables daily prior to leaving the facility, disposing of all garbage and placing all trash from the Program in securely tied plastic bags and removing them from the building site. 4. The Center will ensure that the area used for Meal Sites will be clean, with no garbage sitting out during the Senior Nutrition Meal times. If the space used by the Program is also used by other parties, the Program equipment should not be used including the steam table, coffee maker, silverware, etc. except upon written agreement between the Program and the other party. 5. The Program does not wish to cause any unreasonable or unnecessary loss or financial burden to the Center, and therefore agrees to compensate the Center for Center owned equipment lost, broken, or damaged due to the negligence of agents of the Program, exclusive of maintenance or repairs resulting from ordinary use. 6. This MOU may be terminated by either party by providing a forty-five (45) day advance written notice. Any change or alteration to said MOU must be in writing and approved by both Parties. 7. This MOU is effective January 1, 2024 through December 31, 2024. The Program agrees to pay a consideration of $40 per week, not to exceed $2,080.00 annually. 8. This MOU binds each Party to secure and maintain policies of fire and extended coverage and liability insurance in amounts adequate to insure their interests in all properties located at the described location (please attach a copy of said policies). 9. The Parties agree that any additional equipment installation or deviation from routine room use by the Program will be done only with written consent of the Center Director or Administrator. 10. If previously planned painting, remodeling, or repair work will be done by the City during the Program hours, the City shall provide the Program with at least a 72 hour notice. If such preplanned work will prevent the use of the Center Building, the City shall provide the Program with at least a seven (7) day notice to allow for other arrangements to be made. Notification in the case of emergency repairs shall be provided as soon as possible.  COLUMBIA COUNTY HEALTH AND HUMAN SERVICES ( ) County Copy AGING & DISABILITY RESOURCE CENTER ( ) Provider Copy 2024 Memorandum of Understanding MOU #2024-0 MEMORANDUM OF UNDERSTANDING (“MOU”) BETWEEN COLUMBUS COMMUNITY CENTER (“Center”) AND THE SENIOR NUTRITION PROGRAM (“Program”) OF COLUMBIA COUNTY FOR JANUARY 1, 2024 THROUGH DECEMBER 31, 2024. The following MOU shall govern the use of the facilities of the Center by the Senior Nutrition Program, to-wit: 11. To avoid conflict with Center observance of holidays, the Program will observe and when necessary close the meal site on those days holidays are observed by the Center after receiving a holiday / closure list by the Center. 12. The Program will maintain for its sole use a phone to serve the Senior Nutrition Program. 13. When area schools are cancelled due to weather, meal sites will also be closed and no meals will be provided that day. 14. The Center will provide the Program with adequate secure space for a locked file cabinet that only Program staff have access to and adequate space for storage of equipment and supplies. 15. The Program will be in charge of ordering meals to ensure that there will be no over-ordering of meals and ensure that the meals ordered from the caterer match the reservation sheet counts. 16. The Program staff and the Center staff will actively coordinate to invite diners to participate in scheduled programs. Activities promoted to diners should most often be those that are free of any charges and would not interrupt diners while they are actually eating their lunches. 17. The first Monday of each month no congregate meals will be served and only home delivered meals will occur. The kitchen will still be available for use by the Program for the preparation of home delivered meals. Furthermore, the City may have up to seven additional non-consecutive days each year where no congregate meals will be served and only home delivered meals will be prepared. The City shall provide at least 30 days advance notice when no congregate meals are able to be served. 18. When the Center building is in use for voting, the Program is allowed to use the kitchen for preparation of delivered meals. No congregate meals will be served that day. PARTIES TO THE MEMORANDUM OF UNDERSTANDING: By: ________________________ Provider's Authorized Representative Date Title: By: ________________________ Heather Gove Date Columbia County Health and Human Services Director By: ________________________ Douglas Richmond Date Columbia County HHS Board Chair Person  2023 AGENDA ITEM Committee of the Whole Meeting date: December 5, 2023 Council Meeting date: December 5, 2023 ITEMS: Consider and take action concerning Ordinance #785-23: An Ordinance to Repeal and Recreate Sec. 98-79 Winter Parking Regulations SUBMITTED BY: Lisa Wilson, City Administrator DETAILED DESCRIPTION OF SUBJECT MATTER: In meeting with Public Works to prepare for the upcoming snow season, some issues were presented with the current winter parking regulations. In order to address those issues as well as to clean up some inconsistencies with the ordinance language, amendments have been proposed. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: 1. Ordinance #785-23: An Ordinance to Repeal and Recreate Sec. 98-79 Winter Parking Regulations ACTION REQUESTED OF COUNCIL: Staff is requesting action on the Ordinance Amendment.  CITY OF COLUMBUS ORDINANCE #785-23 AN ORDINANCE TO AMEND CHAPTER 98, ARTICLE III, SECTION 98-79 WINTER PARKING REGULATIONS The Common Council of the City of Columbus, Columbia County, Wisconsin do hereby ordain as follows: 1. Section 98-79 Winter Parking Regulations is hereby amended follows: (a) Declaration of snow emergency. A snow emergency is declared when a snowfall is predicted by the National Weather Service to reach a depth of three inches or more during any period of 24 hours or less. A snow emergency will be considered to exist whether or not the director of public worksPublic Works Superintendent or designee has declared a snow emergency under this ordinance. The director of public worksPublic Works Superintendent, or designee, is hereby authorized to declare a snow emergency watch in advance of the conditions established in this ordinance by reason of forecasted heavy snow or blizzard, and all provisions of this ordinance are to become effective immediately upon the declaration of a snow emergency watch and shall remain in effect for a period of 48 hours or until such time as snow removal operations have been declared completed by the director of public worksPublic Works Superintendent or his designee. This section shall apply from November 15 through April 15 inclusive. (c) It shall be unlawful to park any vehicle on any public street or alley in the city at any time after a snow emergency is declared and until after the snow emergency is lifted. This provision applies to all parking spaces within the corporate limits of the city, except for eight designated angle parking spots on Dickason Blvd. to accommodate Amtrak overflow parking from November 15 through January April 15. Permits for overflow parking will be issued by Amtrak agent with notification of year, make and model, color and license plate identification of the vehicle to the city police and city public works department. (d) For all parking lots owned by the city, beginning at midnight of November 30 15 of each year through midnight of March 31April 15 of each year, alternate side parking rules shall apply in that on odd days vehicles are to be parked in odd rows and on even days vehicles are to be parked in even rows. The date after midnight shall determine if parking should be in odd or even rows. The Water Street lot shall have no overnight parking allowed. The city shall install signage in all municipal parking lots indicating odd rows and even rows and the terms and conditions of this section. (f) The city shall erect display snow emergency notification signage at all entryways to the city from November 15 thru April 15. and activate or display them when a snow emergency is declared and shall deactivate or remove the signs when the snow emergency is lifted. The city shall erect signage at all municipal parking lots notifying the public of parking regulations during a snow emergency. Further, on or before November 1 of each year, the public works directorPublic Works Superintendent or designee shall publish notice of winter parking regulations in the official city newspaper, and on the city website and other social medial accounts.  (g) Pursuant to the provisions of Wis. Stats., § 66.325, the director of public worksPublic Works Superintendent or designee is authorized to order the erection of temporary "No Parking" signs at any time during the existence of any emergency which impairs or prevents the full or safe use of any highway, street, alley or municipal parking lot. 2. Severability. If any portion of this Ordinance or its application on any person or circumstances is held invalid, the validity of this Ordinance as a whole or any other provision herein or its application shall not be affected. 3. Effective Date. This Ordinance shall take effect immediately upon its passage and publication. Adopted this ______ day of _______________, 2023. CITY OF COLUMBUS By: __________________________ Joseph Hammer, Mayor By: __________________________ Patricia Goebel, City Clerk  CITY OF COLUMBUS ORDINANCE #785-23 AN ORDINANCE TO AMEND CHAPTER 98, ARTICLE III, SECTION 98-79 WINTER PARKING REGULATIONS The Common Council of the City of Columbus, Columbia County, Wisconsin do hereby ordain as follows: 1. Section 98-79 Winter Parking Regulations is hereby amended follows: (a) Declaration of snow emergency. A snow emergency is declared when a snowfall is predicted by the National Weather Service to reach a depth of three inches or more during any period of 24 hours or less. A snow emergency will be considered to exist whether or not the Public Works Superintendent or designee has declared a snow emergency under this ordinance. The Public Works Superintendent, or designee, is hereby authorized to declare a snow emergency watch in advance of the conditions established in this ordinance by reason of forecasted heavy snow or blizzard, and all provisions of this ordinance are to become effective immediately upon the declaration of a snow emergency watch and shall remain in effect for a period of 48 hours or until such time as snow removal operations have been declared completed by the Public Works Superintendent or designee. This section shall apply from November 15 through April 15 inclusive. (c) It shall be unlawful to park any vehicle on any public street or alley in the city at any time after a snow emergency is declared and until after the snow emergency is lifted. This provision applies to all parking spaces within the corporate limits of the city, except for eight designated angle parking spots on Dickason Blvd. to accommodate Amtrak overflow parking from November 15 through April 15. Permits for overflow parking will be issued by Amtrak agent with notification of year, make and model, color and license plate identification of the vehicle to the city police and city public works department. (d) For all parking lots owned by the city, beginning at midnight of November 15 of each year through midnight of April 15 of each year, alternate side parking rules shall apply in that on odd days vehicles are to be parked in odd rows and on even days vehicles are to be parked in even rows. The date after midnight shall determine if parking should be in odd or even rows. The city shall install signage in all municipal parking lots indicating odd rows and even rows and the terms and conditions of this section. (f) The city shall display snow emergency notification signage at all entryways to the city from November 15 thru April 15. The city shall erect signage at all municipal parking lots notifying the public of parking regulations during a snow emergency. Further, on or before November 1 of each year, the Public Works Superintendent or designee shall publish notice of winter parking regulations in the official city newspaper, and on the city website and other social medial accounts. (g) Pursuant to the provisions of Wis. Stats., § 66.325, the Public Works Superintendent or designee is authorized to order the erection of temporary "No Parking" signs at any time during the existence of any emergency which impairs or prevents the full or safe use of any highway, street, alley or municipal parking lot. 2. Severability. If any portion of this Ordinance or its application on any person or circumstances is held invalid, the validity of this Ordinance as a whole or any other provision herein or its application shall not be affected. 3. Effective Date. This Ordinance shall take effect immediately upon its passage and publication. Adopted this ______ day of _______________, 2023. CITY OF COLUMBUS By: __________________________ Joseph Hammer, Mayor By: __________________________ Patricia Goebel, City Clerk  CITY OF COLUMBUS Parking Ordinance Changes 2023 SAFETY • Signs are seven feet at the bottom and nine feet tall including the lights. • A ladder is needed to place them. The ground is uneven on the road and in the ditches due to the snow, the ground being frozen, and natural ground. • Once they are displayed, you need to flip the switch. • There are nine signs placed at the City Limits. This takes over an hour to displayed, activated and then an hour to be closed. • This takes the crew member away from plowing, preparing and helping with the snow event. • These signs are displayed when it is already snowing due to the changes in the weather pattern. • Information provided on these signs is too much to read when trying to drive. • Signs are not always effective when people are traveling into town. • Signs are solar powered, so if it is cloudy for days they may not work properly. • Two inches of snow is when the whole team is out plowing.