00-City Council Packet 12.10.2024

Common Council November 12, 2024 Page 1 CITY OF OCONTO FALLS COMMON COUNCIL MEETING Council Chambers – Municipal Building 500 N. Chestnut Avenue - Oconto Falls, WI. 54154 NOVEMBER 12, 2024 – 6:00 pm MINUTES 1. Meeting called to order at 6:00pm by Mayor Clint Braun 2. Pledge of Allegiance 3. Roll Cal l Present: Aldermen: Marty Coopman, Jeff M cDonald, Ashley Bahrke , Mathew McDermid and Devin Wirtz Also Present: Mayor Clint Braun, Administrator Peter Wills, Deputy Clerk Jenny Friedman, Street Superintendent Wally Remic, Library Director Rachel Pascoe, Warren Bluhm with Time Herald, Utility Manager Greg Kuhn, Deputy Treasure Eve Wallace, Michelle Tester , Dan Ramer MSA, Mike Fischer with JF Ahern , Joe Murry with Ehlers, Jared Kreiling and Keith Lefebvre Absent: Tim Holman 4. Approval of Minutes -Common Council 10.08.2024, 10.23.2024 MOTION: McDermid/Wirtz Motion to approve the minutes as presented for the Common Council 10.08.2024,10.23.2024. Voice Vote: All present voting aye - MOTION CARRIED 5. Treasurer’s Report-September MOTION: McDermid/McDonald Motion to approve the Treasure’s report for September as presented and placed on file as presented. Voice Vote: All present voting aye - MOTION CARRIED 6. Bills Payable – October MOTION: Bahrke/Wirtz Motion to approve the Bills Payable as presented for October and place on file. Voice Vote: All present voting aye - MOTION CARRIED 7. Reports: Written reports submitted ✓ Administrator Report ✓ Police Department Report ✓ Municipal Court Report ✓ Fire Department Report ✓ Street Department Report Common Council November 12, 2024 Page 2 ✓ Building Inspector Report ✓ Library Report MOTION: McDermid/Wirtz Motion to place reports as presented on file. Voice Vote: All present voting aye - MOTION CARRIED 8. OPPORTUNITY FOR CITIZENS TO ADDRESS THE COUNCIL - Citizen in-put will be limited to 3 minutes. Mayor Braun wanted to extend a thank you to Mr. Heisel and his students for the good work done with the Street Department on the masonry work in the city. Alderman Wirtz thanked the election team for the good work put into the General Election. DISCUSSION AND POSSIBLE ACTION ON ANY OR ALL OF THE FOLLOWING: 9. Committee Reports Board of Review N/A Emergency Management Committee Report-N/A Finance Committee 10.08.24 Joint Review Board N/A Library Board- 10.02.2024, 11.01.2024 Main Street Committee Report 10.16.24 Park & Recreation Committee Report-N/A Personnel Committee Report N/A Planning Commission Report N/A Ordinance Commission N/A Utility Commission Report 10.21.24 MOTION: Bahrke/McDermid Motion to place reports on file. Voice Vote: All present voting aye - MOTION CARRIED Old Business: 10. WI DOA NEIGHBORHOOD INVESTMENT GRANT- FIRE STATION PROJECT UPDATE A. Grant Wrap-up Status Fire Chief Magnin is finalizing up payments and reports. B. Timeline for emptying 98 Jackson St Station The Fire Station on 98 Jackson St still has to be cleaned out. Some of the items left will need to be placed up for surplus and some donated. The Fires Station at 98 Jackson Street will need to be all cleaned out by December 10,2024. B. Utility Proposal for 98 Jackson Street Station This is on the agenda for the next utility meeting. Common Council November 12, 2024 Page 3 11. City of Oconto Falls Sale of $2,020,000 General Obligation Promissory Notes, Series 2024A a. Preliminary Official Statement $2,020,000 General Obligation Promissory Notes, Series 2024A b. Notice of Sale $2,020,000 General Obligation Promissory Notes, Series 2024A c. Bid approval the Sale of Approximately $2,200,000 General Obligation Promissory Notes, Series 2024A The city received a total of four BIDS. The lowest BID was 3.95% from BAIRD. MOTION: McDermid/Coopman Motion to accept the BID awarding $2,200,000 General Obligation Promissory Notes, Series 2024A to BAIRD at a TIC of 3.9482%. Voice Vote: All present voting aye - MOTION CARRIED d. CONTINUING DISCLOSURE CERTIFICATE $2,020,000 General Obligation Promissory Notes, Series 2024A, dated December 5, 2024 e. 24-014 Resolution Authorizing the Issuance and Sale of $2,020,000 General Obligation Promissory Notes, Series 2024A MOTION: Coopman/McDermid Motion to approve 24-014 Resolution Authorizing the Issuance and Sale of $2,020,000 General Obligation Promissory Notes, Series 2024A. Voice Vote: Coopman-yes, McDermid -yes, Wirtz -yes, Bahrke -yes, McDonald - Abstained, Homan-absent- MOTION CARRIED 12. City Hall Boiler & HVAC Proposals The City Hall boiler is at its end of life and is need of repair or replacement. The City Administrator has been working with Automated Comfort Controls, Energy Control & Design and JF Ahern to get estimates for City Hall. a. (ACC) Automated Comfort Controls i. Preventative ii. Boiler Quotes Automated Comfort Controls (ACC) is the current provider for the City of Oconto Falls heating and cooling system. The Boiler Package cost was $52,357.00 and Air Conditioner Price $82,015.00. The Annual Maintenance Cost would be $3,114.72 for the maintenance agreement ACC will provide system checkout and maintenance of all system components listed on the proposed maintenance agreement. The maintenance agreement covers equipment such as: Boilers, Pumps, Condensing unit, Air handling unit, Vav boxes, Filter changes, HVAC Controls b. Energy Control & Design i. Preventive Maintenance Agreement ii. Boiler Quotes Energy Control & Design had a boiler package price of $80,000 to replace and rebuild current boiler. The air conditioner price was estimated at $80,000 for a Daikin Rooftop Unit Split System Condensing Unit and Air Handler. Annual Maintenance Cost was Common Council November 12, 2024 Page 4 $4,555 for his proposal includes service on the following equipment: • Thermal Solution boiler. • 3 Taco hot water circulating pumps. • 1 - Trane air-handling unit. • 1 Trane air-conditioning unit. • 1 Carnes humidifier. • 6 Roof mounted exhaust fans • 19 Tuttle-Bailey VAV boxes. • 4 Hot water unit heaters. • 3 Hot water cab heaters. • 1Delta building automation control system. c. JF Ahern i. Preventative ii. Boiler Quotes JF Ahern Boiler Package Price was estimated $79,770. The Air Conditioner price was estimated at $99,920.00. JF Ahern did not have an estimate for Annual Maintenance Cost at the time of the council meeting. The City Administrator Peter Wills is to work with JF Ahern to get the cost of the Annual Maintenance then present it to council in December so that a final decision can be made. 13. 2025 Proposed Budget A. Public Hearing on Budget held November 12, 2024 at 5:00pm B. Approval of 2025 General Fund Budget Public Hearing was held on November 12, 2024 at 5:00pm and there were no citizen concerns at that time. The changes that were made to the 2025 proposed budget were the following; Fire Department: • Wages increased by $4,300 • FICA increased by $176 • Uniforms decreased by $2,000 • Elec/Wtr/Swr decreased by $2,000 • Natural Gas $2,000 less Debt Service • Reduce 2024 GO Bond debt service by $11,000 The above changes adjust the levy to $1,573,294. MOTION: McDermid/ McDonald Motion to approve the 2025 General Fund Budget as amended. Roll Call: Coopman-yes, McDermid-yes, Wirtz-yes, Bahrke-yes, McDonald-yes, Homan- absent- MOTION CARRIED Common Council November 12, 2024 Page 5 14. Columbia Street Project Management (RFP) Request for Proposal. Re: Admin Wills/Utility Manager Kuhn, MSA Dan Rammer, A. MSA Construction Project Management Columbia Street Project Proposal. B. Construction Project Management Columbia Street Project (RFP) Request for Proposal Dan Rammer with MSA presented the Construction Project Management Columbia Street Project (RFP) Request for Proposal. Dan Rammer with MSA went through how the project could be billed and the expectations of working with the city. RESCINDED PRIOR MOTION McDermid/Wirtz Motion to send Columbia Street Project management to an RFP. Voice Vote: All present voting aye - MOTION CARRIED MOTION: McDonald/Bahrke Motion to have City Administrator and Utility Manager work with MSA to have a Construction Project Management for Columbia Street Project with the lumpsum for administration, time and materials at the amount of $240,000. Voice Vote: All present voting aye - MOTION CARRIED NEW BUSINESS 15. Planning Commission Items a. Allen Perucco Request to purchase adjacent parcel from City Allen Perucco has maintained small section of city land since he purchased his property in 1982 adjacent to this city land. He has asked if he can purchase the land from the city A certified survey would need to be done. Allen Perucco would pay for the cost of the survey and the closing of the transition of the deed. MOTION: Bahrke/Wirtz Motion to approve Allen Perucco request to purchase adjacent parcel from city with paying closing cost and cost of survey. Voice Vote: All present voting aye - MOTION CARRIED b. McDermid Park Proposal to expand designated size The small section of City land that is next to McDermid Park has been looked at for development of houses. This was found to be too small of an area for houses. The next choice for the city property is to designate this land into part of McDermid Park. This would enhance the green space for the City. MOTION: Wirtz/ McDonald Motion to move the McDermid Park proposal to expand designated size and area and have City Administrator survey and write Ordinance to designate as park.. Voice Vote: Coopman-yes, Wirtz -yes, Bahrke -yes, McDonald -yes McDermid- Abstained, Homan-absent- MOTION CARRIED c. Multifamily Proposal For 20 acres of Industrial Park Common Council November 12, 2024 Page 6 A possibly interested investor has questioned about placing a multifamily building in the Industrial Park. Concerns that were brought up, the amount of added traffic from residential people, giving up industrial area, limited access, complaints from residential people of industrial traffic of all hours. Questions that were asked • How long has that area been vacant? Since 2001 • Could this be a TIF area again? Yes • What size is the lot left? 15.5 acers • What is the assets value for the NEW CAP project compared to this multifamily. NEW CAP project is nontaxable. NO ACTION TAKEN 16. 2025 Utility Commission Budget a. Resolution 24-015: 2025 Utility Commission Budget Resolution Utility Manager Kuhn presented the 2025 Utility Commission Budget. MOTION: Bahrke/McDonald Motion to approve Resolution 24-015:2025 Utility Commission Budget Resolution. Voice Vote: All present voting aye - MOTION CARRIED 17. One year Operators License- Amy Rakow, Ashley Smith, MOTION: McDermid/McDonald Motin to approve the one-year operator’s license for Amy Rakow and Ashley Smith. Voice Vote: All present voting aye - MOTION CARRIED 18. The Committee may go into closed session regarding legal consultation under Wis. Stat. § 19.85(g). Conferring with legal counsel who is giving written or oral advice about strategy to be adopted in litigation in which the governmental body is or is likely to be involved. Re: Legal Action MOTION: Wirtz/Bahrke Motion to go into closed session at 8:12pm regarding legal consultation under Wis. Stat. § 19.85(g). Conferring with legal counsel who is giving written or oral advice about strategy to be adopted in litigation in which the governmental body is or is likely to be involved. Voice Vote: All present voting aye - MOTION CARRIED Those remaining in closed session Wirtz, Bahrke, Coopman, McDonald, McDermid, City Administrator Peter Wills, Deputy Clerk Jenny Friedman. 19. The Committee will return to open session and may take action on matters discussed in closed session Common Council November 12, 2024 Page 7 MOTION: Wirtz/McDonald Motion at 8:22pm to return into open session and may take action on matters discussed in closed session. Voice Vote: All present voting aye - MOTION CARRIED NO DISCUSSION 20. Adjournment Mayor Clint Braun asked if there was any further business before the meeting is adjourned. Having no further business, he declared the meeting adjourned at 8:23pm. ____________________________ City Administrator Peter Wills COMMON COUNCIL PUBLIC HEARING – November 12, 2024 Page 1 CITY OF OCONTO FALLS COMMON COUNCIL PUBLIC HEARING Council Chambers – Municipal Building 500 N. Chestnut Avenue - Oconto Falls, WI 54154 MONDAY NOVEMBER 12, 2024 – 5:00 PM MINUTES Meeting called to order at 5:00 pm by Mayor Clint Braun Pledge of Allegiance Roll Call Present: Mayor Clint Braun, Aldermen: Devin Wirtz, Ashley Bahrke, Marty Coopman, Mathew McDermid and Jeff McDonald Also Present: Administrator Peter Wills, Deputy Treasurer Eve Wallace, Fire Chief Tim Magnin, Police Chief Brad Magnin, Street Superintendent Wally Remic, Utility Manager Greg Kuhn, Warren Bluhm Times Herald, Michelle Tester, Dan Ramer, Absent: Tim Holman DISCUSSION AND POSSIBLE ACTION ON ANY OR ALL OF THE FOLLOWING: 5:00 PM Public Hearing: Public Hearing 2025 Proposed Budget At 5:00 pm Mayor Braun opened the floor for 2025 Proposed Budget. There were no citizens in audience with concerns. Second call at 5:05 pm Mayor Braun asked if there were any concerns and comments on the 2025 Proposed Budget. There were no concerns. Third call at 5:10 pm Mayor Braun asked if there was any concerns and comments on the 2025 Proposed Budget. There were no concerns. Changes to the proposed 2025 budget that that were made by council: Fire Department • Wages increased by $4,300 • FICA increased by $176 • Uniforms decreased by $2,000 • Elec/Wtr/Swr decreased by $2,000 • Natural Gas $2,000 less The above changes adjust the levy to $1,584,294. MOTION: McDermid/Wirtz Motion to recommend the 2025 General Fund Budget to Common Council. Voice Vote: All present voting aye - MOTION CARRIED COMMON COUNCIL PUBLIC HEARING – November 12, 2024 Page 2 Adjournment Mayor Braun asked if there was any further business before the meeting is adjourned. Having no further business, he declared the meeting adjourned at 5:59pm. ________________________________ City Administrator Peter Wills 1 To: Mayor & City Council From: Peter A. Wills, City Administrator Date: Dec 2024 Re: Administrator’s Report Projects/Grants: Columbia St Reconstruction Project CDBG-PF Grant Contract Wisconsin Department of Administration has sent the (CDBG-PF) Community Development Block Grant Public Facilities Grant Contract for $1 Million in funding the Columbia Street reconstruction project for Water, Sewer, Stormwater and road reconstruction. The Grant contract agreement is on the agenda. 2025 General Fund Budget : Budget passed November 12, Council meeting. The budget included $2 Million in bonding that funded Columbia Street project, public works equipment and street repair, playground set and park improvements. The tax rate will increase at 2.2%. 2024 Year End Review New Fire Station Construction completed June 2024. Ahead of schedule Encompass Child Care opened in remodeled former Kemper building, City assistance with WEDC CDI Grant $250k Columbia Street Design & $1 Million CDBG Grant Approved City Hall- upgraded Server, Phone system accounting system City Outdoor Recreation Plan updated with Oconto County New Playground Equipment for Memorial Field, Replace fence at Softball field at Memorial field and upgrade bathrooms at westside beach Five Year Capital planning for Street Projects & Equipment purchases CITY OF OCONTO FALLS 500 NORTH CHESTNUT PO BOX 70 OCONTO FALLS, WI 54154-0070 PHONE: 920-846-4505 FAX: 920-846-4516 2 Ordinance Updates: Hunting Ordinance updated; Nuisance Ordinance revised Slum & Blight designation former Mobil Gas Station Oconto Falls Main Street accepted into WEDC Connecting Communities Program CITY OF OCONTO FALLS STREET DEPT. REPORT November 2024 * Parks Removed the docks from the East Side, West Side and Dam Boat Launch Winterized the restrooms at the parks *Streets Continued leaf collection through Nov 27. 88 loads of leaves were collected throughout the pickup season Cleaned storm sewer drain on Grant Street Continued GIS Mapping of storm sewers and catch basins and manhole locations Patched the open repair areas from the summer maintenance work Took down street banners and put up holiday decorations *Building Maintenance Completed monthly fire extinguisher inspections of the street department buildings and vehicles. *Street Dept Equipment Installed new trailer hitch on Tender 1311 Made emergency repairs on the leaf unit, ordered parts and will complete the repairs before it is put away *Personnel Started International Society of Arborist training (Jim) Street Superintendent Wally Remic Oconto Falls Communify Library 251 North Main Street Oconto Falls, Wt 54154 920-846-2673 Monthly Report December 2024 Regular Programs: . Playgroup - Mondays at 10:30 AM . Storytime - Tuesdays at 10:30 AM . Craft and book visits to Meadowlands (3'd Tuesday of the month) . Sewing classes with Lori Harrison (January/February classes will be announced December 16th at 9:00 AM). . "Guess How Many" candy jar in library until after the holidays Upcoming Programs: "The Grinch" Main Street Event, Thursday December Sth: library will be a scavenger hunt stop, host photo booth, take and make craft, voting on pet costume photos, and Chamber will have a table selling Chamber bucks All Arts Day, OFES (April 2025) Possible OFES/Abrams field trips Summer Reading presentations at OFES/Abrams Completed Programs: o Craft Supply Exchange: 45 attendees, at least 6 local teachers/organizations received donated su pplies . Humana senior-friendly technology classes (3): not well attended, but the need for community technology education is clear during day-to-day library operations. More technology programs to be piloted in 2025. fu-U?^"--c a a o Rachel Pascoe, Library Director . :, t i'l l-,, i. t ;:" | ;1t:.: .,,i1;;;, ' Planning Commission November 6, 2024 1 CITY OF OCONTO FALLS PLANNING COMMISSION MEETING Council Chambers – Municipal Building 500 N. Chestnut Avenue Oconto Falls, WI 54154 TUESDAY NOVEMBER 6, 2024 – 5:00 PM MINUTES Chairman Coopman called the meeting to order at 5:00 PM. Roll Call Present: Marty Coopman, William Zietlow, and Chique Tousey-Tabar, Brad Rice, Judy Kostreva Also Present: Mayor Clint Braun, City Administrator Peter Wills, Deputy Clerk Jenny Friedman, Michelle Tester, Wade Jeske, Utility Manager Greg Kuhn and Allen Perucco Absent: Jeff McDonald DISCUSSION AND POSSIBLE RECOMMENDATION/ACTION ON THE FOLLOWING: 3. Approval of Minutes – Planning Commission Meeting 08-19-2024. MOTION: Kostreva/ Tousey-Tabar Motion to approve the minutes for Planning Commission Meeting 08-19-2024. Voice Vote: All present voting aye - MOTION CARRIED Old Business None New Business 4. McDermid Park designation proposal for City property on Van Buren Street The small section of City land that is next to McDermid Park has been looked at for development of houses. This was found to be too small of an area for houses. The next choice for the city property is to designate this land into part of McDermid Park. This would enhance the green space for the City. Questions that were asked • Will the city continue to maintain the area? -YES • What would McDermid’s add to the park? – They have some signs and benches that would be placed at the park. • Is this still being look at for any development? -No, it was not suitable for housing once it was looked at further. • Is there concern about citizens going into the pond or doing things they should not with the pond? – There is always a small liability. There could be some signs Planning Commission November 6, 2024 2 placed up to help such as no swimming. • When did McDermid’s want this to become a park? – Over twenty years ago. MOTION: Rice/ Zietlow Motion to recommend McDermid Park designation expansion to council. Voice Vote: All present voting aye - MOTION CARRIED 5. Allen Perucco,113 Jackson St request to purchase strip of property adjacent to McDermid Park Allen Perucco has maintained small section of city land since he purchased his property in 1982 adjacent to this city land. He has asked if he can purchase the land from the city. A certified survey would need to be done. Allen Perucco would pay for the cost of the survey and the closing of the transition of the deed. MOTION: Rice/Zietlow Motion to recommend Allen Perucco,113 Jackson St request to purchase strip of property adjacent to McDermid Park to Council and Allen Perucco to pay cost of survey and closing cost of sale. Voice Vote: All present voting aye - MOTION CARRIED 6. Oconto Falls Municipal Utility Annexation Petition Doc# 768590 0.406 Acres Part of Parcel# 40-30300010322 Driveway for Utility Substation A. Accept the Annexation Petition of Doc# 768590 0.406 Acres Part of Parcel# 40- 30300010322 Driveway for Utility Substation B. Set Public Hearing for Annexation of Doc# 768590 0.406 Acres Part of Parcel# 40-30300010322 Driveway for Utility Substation December 3, 5:00pm This is the driveway for the new Utility Substation going in. Questions that were asked; • Once this is annexed would this be re surveyed for on parcel? -Yes, that is the goal. • Is there a current road by the power station? - Yes • Was Fiber placed there already? - Yes MOTION: Tousey-Tabar/Rice Motion to accept the Annexation Petition of Doc# 768590 0.406 Acres Part of Parcel# 40-30300010322 Driveway for Utility Substation. Voice Vote: All present voting aye - MOTION CARRIED MOTION: Rice/ Kostreva Motion to Set Public Hearing for Annexation of Doc# 768590 0.406 Acres Part of Parcel# 40-30300010322 Driveway for Utility Substation December 3, 5:00pm. Voice Vote: All present voting aye - MOTION CARRIED 7. Residential Housing Proposal For 20 Acres in Industrial Park by Herb Braun Dr & Bob Hammond St. Planning Commission November 6, 2024 3 A possibly interested investor has questioned about placing a multifamily building in the Industrial Park. Concerns that were brought up, the amount of added traffic from residential people, giving up industrial area, limited access, complaints from residential people of industrial traffic of all hours. Questions that were asked; • Has Micoley ever interested in this location? -He has never expressed interest in these spots. • Has a cost feasibility study been done? -At this time no study has been done. • Any restrictions on the old TIF or EAD? - This will have to be looked into yet. • Would property have to be rezoned? – Yes, and there would have to be a public hearing on the rezoning as well. • If this is approved by council will this come back to Planning Commission. – Yes this would have to be seen by Planning Commission and have public hearings on as well. MOTION: Tousey- Tabar/ Kostreva Motion to recommend to council the Residential Housing Proposal For 20 Acres in Industrial Park by Herb Braun Dr & Bob Hammond St. Voice Vote: All present voting aye - MOTION CARRIED Adjournment Having no further discussion, Chairman Coopman declared the meeting adjourned at 6:07 PM. ______________________________ City Administrator Peter Wills A quorum of the Common Council was not in attendance of this meeting Planning Commission Public Hearing December 03,2024 1 CITY OF OCONTO FALLS PLANNING COMMISSION MEETING PUBLIC HEARING Council Chambers – Municipal Building 500 N. Chestnut Avenue Oconto Falls, WI 54154 TUESDAY DECEMBER 03, 2024 – 5:00 PM MINUTES Chairman Coopman called the meeting to order at 5:00 PM. Roll Call Present: Marty Coopman, William Zietlow, Chique Tousey-Tabar, Jeff McDonald and Judy Kostreva Also Present: Mayor Clint Braun, City Administrator Peter Wills, Deputy Clerk Jenny Friedman, Utility Manager Greg Kuhn, Michelle Tester, Aaron Trempe (left at 4:45) Absent: Brad Rice ******PUBLIC HEARING**** *** Public Hearing to consider Oconto Falls Municipal Utility Annexation Petition Doc# 768590 0.406 Acres Part of Parcel# 40-30300010322 Driveway for Utility Substation. Public Hearing Notice was properly posted and published in the Oconto County Times Herald newspaper for two consecutive weeks. Property owners within a 200 ft. radius were also given proper notification **** DISCUSSION AND POSSIBLE RECOMMENDATION/ACTION ON THE FOLLOWING: 3. Consider Oconto Falls Municipal Utility Annexation Petition Doc# 768590 0.406 Acres Part of Parcel# 40-30300010322 Driveway for Utility Substation A. Public comments for consideration-written/verbal At 5:00pm Chairman Coopman opened the floor for public comments for Oconto Falls Municipal Utility Annexation Petition Doc# 768590 0.406 Acres Part of Parcel# 40-30300010322 Driveway for Utility Substation. Deputy Clerk Friedman and City Administrator Wills verified there were no written in or called in concerns prior to the Public Hearing. There were no concerns from the public. Second call for public input was asked at 5:05pm by Chairman Coopman. Chairman Coopman asked if there were any more concerns and comments on Consider Falls Municipal Utility Annexation Petition Doc# 768590 0.406 Acres Part of Parcel# 40- Planning Commission Public Hearing December 03,2024 2 30300010322 Driveway for Utility Substation. There were no other citizens concerns. Third call for public input was asked at 5:06 pm by Chairman Coopman. Chairman Coopman asked if there were any more concerns and comments on Consider Falls Municipal Utility Annexation Petition Doc# 768590 0.406 Acres Part of Parcel# 40- 30300010322 Driveway for Utility Substation. There were no other citizens concerns. A. Committee Recommendation to City Council MOTION: ZIETLOW / KOSTREVA Motion to approve the Falls Municipal Utility Annexation Petition Doc# 768590 0.406 Acres Part of Parcel# 40-30300010322 Driveway for Utility Substation. and send to Common Council on December 10,2024. Voice Vote: All present voting aye - MOTION CARRIED Adjournment Having no further discussion, Chairman Coopman declared the meeting adjourned at 5:08 PM. ______________________________ City Administrator Peter Wills A quorum of the Common Council was not in attendance of this meeting Contract PF 24-17 Rev 09/2024 Page 1 AGREEMENT BETWEEN THE STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION AND CITY OF OCONTO FALLS THIS SUBAWARD AGREEMENT (“Agreement”) is made and entered into for the period of 07/26/24 through 12/31/26 (“Performance Period”), by and between the Department of Administration (“Department”), State of Wisconsin (“State”), whose principal business address is 101 East Wilson Street, P.O. Box 7970, Madison, WI 53707-7970 and the City of Oconto Falls ("Grantee"), whose service address is 500 North Chestnut Avenue, Oconto Falls, WI 54154-1111. WHEREAS, on behalf of the State, the Department administers the Community Development Block Grant Program ("Program") to provide funds for eligible activities; and WHEREAS, it is the intention of the parties to this Agreement that all activities described herein shall be for their mutual benefit; and WHEREAS, the State has approved a subaward to the Grantee in the amount of $1,000,000 for eligible activities herein described (“Project”); and WHEREAS, the terms and conditions herein shall survive the Performance Period and shall continue in full force and effect until the Grantee has completed and is in compliance with all the requirements of this Agreement; and WHEREAS, this Agreement is mutually exclusive and is distinguished from all previous agreements between the Grantee and the Department and contains the entire understanding between the parties as to the matters covered herein; NOW, THEREFORE, in consideration of the mutual promises and dependent documents, the parties hereto agree as set forth in Articles 1 – 41 and Attachments A – G which are annexed and made a part hereof. Attachment A – Scope of Work Attachment D – Method of Payment Attachment B – Budget Attachment E – Reporting Requirements Attachment C - Source of Funds Attachment F – Program Rules IN WITNESS WHEREOF, the Department and Grantee have executed this Agreement as of the date this Agreement is signed by the Department. CITY OF OCONTO FALLS STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DIVISION OF ENERGY, HOUSING & COMMUNITY RESOURCES BY: BY: Honorable Clinton Braun Paul Hammer TITLE: Mayor ______ TITLE: Deputy Secretary ____________ DATE: DATE: UEI Number: LR1MG8ZJSAM9 Contract PF 24-17 Rev 09/2024 Page 2 GENERAL TERMS AND CONDITIONS ARTICLE 1. AGREEMENT ADMINISTRATION The Department employee responsible for the administration of this Agreement shall be the Division Administrator or their designee, who shall represent the Department’s interest in review of quality, quantity, rate of progress, timeliness of services, and related considerations as outlined in this Agreement. The Grantee’s employee responsible for the administration of this Agreement shall be Mayor, who shall represent the Grantee’s interest regarding Agreement performance, financial records, and related considerations. Grantee shall immediately notify the Department of any change of this designee. The person(s) signing this Agreement on behalf of the Grantee certifies and attests that the Grantee’s respective Articles of Organization, Articles of Incorporation, By-Laws, Member’s Agreement, Charter, Partnership Agreement, Corporate or other Resolutions, and/or other related documents give full and complete authority to bind the Grantee, on whose behalf they are executing this Agreement. ARTICLE 2. CONDITIONS OF THE PARTIES’ OBLIGATION This Agreement is contingent upon authorization of Wisconsin and United States laws, and any material amendment to, or repeal of same affecting relevant authority of the State of Wisconsin in regard to Program shall serve to revise or terminate this Agreement, except as further agreed by the parties hereto. Nothing contained in this Agreement shall be construed to supersede the lawful power or duties of either party. The Grantee shall notify the Department in writing within ten (10) days of change in the Grantee’s address. All notices, demands or requests under this Agreement shall be in writing. ARTICLE 3. LEGAL RELATIONS AND INDEMNIFICATION The Grantee shall at all times comply with and observe all applicable federal and state laws, published circulars, ordinances, federal and state administrative regulations, guidance, and findings that are in effect during the Performance Period of this Agreement and which in any manner affect the Grantee's work or conduct. In carrying out any provisions of this Agreement or in exercising any power or authority contracted to the Grantee thereby, there shall be no personal liability upon the State it being understood that in such matters the Department acts as an agent and representative of the State. Grantee shall be deemed an independent contractor for all purposes as to this Agreement and the employees of Grantee or any of its contractors, subcontractors, lessees and the employees thereof, shall not in any manner be deemed to be employees, agents, servants, joint venturers, or partners of DOA and/or the State of Wisconsin. The Grantee shall indemnify and hold harmless the State and all of its officers, agents and employees from all suits, actions or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the Grantee, or of any of its agents or subrecipients, in performing work under this Agreement. The Grantee shall indemnify and hold harmless the State and all of its officers, agents and employees from all suits, actions or claims of any character brought for or on account of any obligations arising out of agreements between Grantee and subrecipient(s) to perform services or otherwise supply products or services. The Grantee shall also hold the State harmless for any audit disallowance related to the allocation of administrative costs under this Agreement, irrespective of whether the audit is ordered by federal or state agencies or by the courts. Grantee assumes full responsibility and holds the Department harmless for any and all payments made, or any other actions taken by the Department in reliance upon the above representation. Further, Grantee agrees to indemnify the Department against any and all claims, demands, losses, costs, damages, or expenses suffered or incurred by the Department resulting from or arising out of any such payment or other action, including reasonable attorneys’ fees Contract PF 24-17 Rev 09/2024 Page 3 and legal expense, including, but not limited to, any demand by the federal granting agency for repayment or recoupment of funds. If an audit is required by federal law and if the Grantee is also the recipient of State funds under the same or a separate contract program, then the State funded programs shall also be included in the scope of the federally required audit. Nothing in this Agreement shall be deemed a waiver of the State of Wisconsin’s sovereign immunity. ARTICLE 4. SCOPE OF WORK The eligible activities under this Agreement are summarized in the Attachments. In the event of a conflict between the summary in Attachments and the application and/or other supporting documents previously submitted to the State by the Grantee, the Attachments shall control. The Grantee shall supply or provide for all the necessary personnel, equipment, and materials (except as may be otherwise provided herein) to accomplish the tasks set forth within the attached Scope of Work and Budget. Changes to the Scope of Work shall be by written agreement of both the Department and the Grantee. ARTICLE 5. SUBLET OR ASSIGNMENT OF AGREEMENT The Grantee, its agents, or subrecipients shall not sublet or assign all or any part of the work under this Agreement without prior written approval of the Department. The Department reserves the right to reject any subrecipient after notification. The Grantee shall provide the Department with a copy of any executed subcontract or accepted subrecipient bid that relates to activities in furtherance of this Agreement. ARTICLE 6. DISCLOSURE: STATE PUBLIC OFFICIALS AND EMPLOYEES If a State public official as defined by s. 19.42, Wis. Stats., or an organization in which a State public official holds at least a 10% interest is a party to this Agreement, this Agreement is voidable by the State unless timely, appropriate disclosure is made to the State of Wisconsin Ethics Commission, 101 East Wilson Street., Room 127, Madison, WI 53703. The Grantee shall not engage the services of any person or persons now employed by the State, including any department, commission or board thereof, to provide services relating to this Agreement without the prior written consent of the Department and the employer of such person or persons. The Grantee, its agents and employees shall observe all relevant provisions of the Ethics Code for Public Officials under Wis. Stat. Secs. 19.41 et seq. and 19.59 et seq. ARTICLE 7. CONFLICT OF INTEREST No person who is an employee, agent, consultant, or officer of the Grantee, or an elected or appointed official, and who exercises or has exercised any functions or responsibilities with respect to activities supported by and described in this Agreement, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any agreement, subcontract, or agreement with respect thereto or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure. Receipt of earnings from the Grantee by employees of the Grantee shall not be considered a conflict of interest, but otherwise employees of the Grantee shall be fully bound by the requirements of this Article. Upon request, the Department can make exceptions to this requirement after full disclosure and where the Department determines, in consultation with federal agencies, if necessary, that such exception is in the best interests of the State and is not contrary to state or federal laws. Contract PF 24-17 Rev 09/2024 Page 4 ARTICLE 8. NONDISCRIMINATION AND AFFIRMATIVE ACTION REQUIREMENTS The Grantee shall not illegally discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in section 51.01(5), Wis. Stats., sexual orientation as defined in s.111.32(13m), Wis. Stats., or national origin. This includes, but is not limited to, employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Grantee shall take affirmative action to ensure equal employment opportunities. The Grantee shall post in conspicuous places, available for employees and applicants for employment, notices required by law. Grantee, if a Wisconsin municipality, is exempt from submitting a written affirmative action plan to DOA. For record keeping purposes Grantee shall submit a Request for Exemption from Submitting an Affirmative Action Plan to DOA’s Division of Enterprise Operations, P.O. Box 7867, Madison, WI 53707-7867 or via email at DOADEOSBOPPrograms@wisconsin.gov. Grantee is encouraged to contact this office at (608) 266-2605 for technical assistance on Equal Opportunity requirements. Grants estimated to be over fifty thousand dollars ($50,000) require the submission of a written affirmative action plan by the Grantee. An exemption occurs from this requirement if the Grantee has a workforce of less than fifty (50). Within fifteen (15) working days after this Agreement is executed, the Grantee shall submit the Affirmative Action Plan/exemption statement to the Department of Administration, Division of Enterprise Operations, P.O. Box 7857, Madison, WI 53707-7867 unless compliance eligibility is current. No extensions of this deadline shall be granted. Grantee is encouraged to contact this office at (608) 266-2605 for technical assistance on Equal Opportunity requirements. Failure to comply with the conditions of this clause may result in the declaration of Grantee ineligibility, the termination of this Agreement, or the withholding of funds. ARTICLE 9. SMALL BUSINESS, WOMEN-OWNED AND MINORITY-OWNED BUSINESSES The Grantee shall make positive efforts to utilize small business, local business, woman-owned and minority- owned business sources of supplies and services. Such efforts should allow these sources the maximum feasible opportunity to compete for contracts or subcontracts to be performed utilizing state or federal funds. ARTICLE 10. TERMINATION OF AGREEMENT The Department reserves the right to terminate this Agreement in whole or in part without penalty to the Department effective upon mailing of notice of cancellation for failure of the Grantee to comply with the terms and conditions of this Agreement. The Department reserves the right to pursue any and all available remedies under the law due to such failure. Notwithstanding and in addition to the right to terminate the Agreement for cause described above, the Department may terminate this Agreement at any time with or without cause by delivering written notice to the Grantee by Certified Mail, Return Receipt Requested, not less than thirty (30) days prior to the effective date of termination. Date of receipt as indicated on the Return Receipt shall be the effective date of notice of termination. Upon termination, the State’s liability to Grantee shall be limited to the actual costs incurred by Grantee in carrying out the Project as of the date of termination plus any termination expenses having prior written approval of the State. However, in the event that the Project is ineligible for funding under applicable federal rules, the State shall have no liability to the Grantee whatsoever. The Grantee may terminate this Agreement with or without cause by delivering written notice to the Department by Certified Mail, Return Receipt Requested, not less than thirty (30) days prior to effective date of termination. Contract PF 24-17 Rev 09/2024 Page 5 Date of receipt, as indicated on the Return Receipt, shall be the effective date of notice of termination. Upon receipt of termination notice, the Grantee shall make available to the Department Program records, equipment, and any other programmatic materials. In the event the Agreement is terminated by either party, for any reason whatsoever, the Grantee shall refund to the Department within forty-five (45) days of the effective date of notice of termination any payment made by the Department to the Grantee that exceeds actual approved costs incurred in carrying out the Project as of the date of termination. ARTICLE 11. FAILURE TO PERFORM The Department reserves the right to suspend payment of funds if required reports are not provided to the Department on a timely basis or if performance of contracted activities is not evidenced. The Department further reserves the right to suspend payment of funds under this Agreement if there are deficiencies related to the required reports or if performance of contracted activities is not evidenced within other agreements between the Department and the Grantee in whole or in part. The Grantee’s management and financial capability including, but not limited to, audit results and performance may be taken into consideration in any or all future determinations by the Department and may be a factor in a decision to withhold payment and may be cause for termination of this Agreement. ARTICLE 12. PUBLICATIONS AND SOFTWARE DEVELOPMENT The Grantee may publish materials produced under this Agreement subject to the following conditions: a) All materials produced under this Agreement shall become the property of the Department of Administration and may be copyrighted in its name. The Grantee reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, otherwise use, and to authorize others to use such materials for government purposes. b) The following notation shall be carried on all articles, reports, publications, or other documents resulting from this Agreement: "This (article, report, publication or document) is funded (in whole or in part) by the Wisconsin Department of Administration, Division of Energy, Housing & Community Resources under the terms and conditions of (insert agreement name and details).” ARTICLE 13. AMENDMENT Except as provided in this Article, this Agreement may be amended by mutual consent of the parties hereto. Amendments shall be documented in writing and signed by each party. Upon written request of the Grantee and at the sole discretion of the Division of Energy, Housing & Community Resources (“DEHCR”), an adjustment to the use of funds may be interchanged among eligible grant budget items without execution of an amendment; however, the total grant award amount shall not be exceeded. No other terms or conditions of the Agreement may be adjusted absent an amendment, and all other terms and condition shall remain the same and in full effect if an adjustment is made. ARTICLE 14. SEVERABILITY Any provision of this Agreement held or determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable shall be deemed separate, distinct, independent, and shall be ineffective to the extent of such holding or determination without invalidating the remaining provisions of this Agreement or affecting the legality, validity, or enforceability of such other provisions of this Agreement. Contract PF 24-17 Rev 09/2024 Page 6 ARTICLE 15. WAIVER Failure or delay on the part of either party to exercise any right, power, privilege, or remedy hereunder shall not constitute a waiver thereof. A waiver of any default shall not operate as a waiver of any other default or of the same type of default on a future occasion. ARTICLE 16. FORCE MAJEURE Either party's performance of any part of this Agreement shall be excused to the extent that it is hindered, delayed, or otherwise made impractical by reason of flood, riot, fire, explosion, war, pandemics, epidemics, stay-at-home orders, acts, or omissions of the other party or any other cause, whether similar or dissimilar to those listed, beyond the reasonable control of that party. If any such event occurs, the non-performing party shall make reasonable efforts to notify the other party of the nature of such condition and the extent of the delay and shall make reasonable, good faith efforts to resume performance as soon as possible. ARTICLE 17. CHOICE OF LAW AND VENUE In the event of a dispute, this Agreement shall be interpreted in accordance with the laws of the State of Wisconsin, to the extent that there is no conflict with federal law or applicable Program requirements. The venue for any dispute shall be Dane County, Wisconsin. ARTICLE 18. STANDARDS OF PERFORMANCE The Grantee shall perform the Project and activities as set forth in its application for this grant and described herein in accordance with those standards established by statute, administrative rule, the Department, and any applicable professional standards. ARTICLE 19. EXTRA WORK If applicable, and if the Department desires to have the Grantee perform work or render services other than provided for by the expressed intent of this Agreement, such work shall be considered extra work, subject to written amendment to this Agreement setting forth the nature and scope thereof and the compensation therefor as determined by mutual agreement between the Department and the Grantee. Work under such amendment shall not proceed unless and until so authorized by the Department. Any such continuance of service that would cause compensation to exceed the total amount of this Agreement shall be contingent upon the above provision and the appropriation of necessary funds by the Wisconsin Legislature or the receipt of funds from the federal government. ARTICLE 20. SURVIVAL OF REQUIREMENTS Unless otherwise authorized in writing by the Department, the terms and conditions of this Agreement shall survive the Performance Period and shall continue in full force and effect until the Grantee has completed and is in compliance with all the requirements of this Agreement. FISCAL TERMS AND CONDITIONS ARTICLE 21. AVAILABILITY OF FUNDS Funds have been appropriated by the Wisconsin Legislature or received from the federal government for the services covered under this Agreement. Contract PF 24-17 Rev 09/2024 Page 7 Continuation of this Agreement beyond the limits of funds available shall be contingent upon appropriation of the necessary funds or receipt of funds from the federal government. The Department reserves the right to terminate this Agreement in whole or in part without penalty due to non-appropriation of necessary funds by the Wisconsin Legislature or federal government. ARTICLE 22. ALLOWABLE COSTS 2 CFR Part 200 Subpart E shall be complied with by the Grantee with respect to specific items and their cost allowability. ARTICLE 23. REIMBURSEMENT OF FUNDS The Grantee shall return to the Department or other appropriate governmental agency or entity any funds paid to the Grantee in excess of the allowable costs of services provided under this Agreement. If the Grantee fails to return excess funds, the Department may deduct the appropriate amount from subsequent payments due to the Grantee from the Department. The Department also reserves the right to recover such funds by any other legal means including litigation if necessary. The Grantee shall be responsible for reimbursement to the Department for any disbursed funds the Department determines have been misused or misappropriated. The Department may also require reimbursement of funds if the Department determines that any provision of this Agreement has been violated. Any reimbursement of funds required by the Department, with or without termination, shall be due within forty-five (45) days after giving written notice to the Grantee. ARTICLE 24. LIMITED USE OF PROGRAM FUNDS This Agreement is a mutually exclusive agreement. The Grantee shall not apply funds authorized pursuant to other agreements under this Program toward the activities for which funding is authorized by this Agreement, nor shall funding authorized by this Agreement be used toward the activities authorized pursuant to other agreements under the Program. Grant funds shall not be used to supplant existing funding otherwise budgeted or planned for projects outside of this Program whether under local, state or federal law, without the consent of the Department. The word "funds" as used in this Article does not include program income. ARTICLE 25. FINANCIAL MANAGEMENT The Grantee agrees to maintain a financial management system that complies with the rules and regulations required by the Program funding source described in the Attachments and with standards established by the State to assure funds are spent in accordance with law and to assure that accounting records for funds received under this Agreement are sufficiently segregated from other agreements, programs, and/or projects. The minimum acceptable financial records for the Project consist of: 1) Documentation of employee time; 2) Documentation of all equipment, materials, supplies and travel expenses; 3) Inventory records and supporting documentation for allowable equipment purchased to carry out the Project scope; 4) Documentation and justification of methodology used in any in-kind contributions; 5) Rationale supporting allocation of space charges; 6) Rationale and documentation of any indirect costs (submitted with initial invoice); 7) Documentation of Agreement services and materials; and 8) Any other records which support charges to Project funds. ARTICLE 26. METHOD OF PAYMENT Payments are to be used exclusively for eligible costs incurred during the Performance Period of this Agreement. Payments under this Agreement shall be made according to the schedule within Attachment (Method of Payment). Invoices shall reflect eligible costs incurred by approved budget line item, as identified in Attachment B (Budget). Contract PF 24-17 Rev 09/2024 Page 8 Final Payment/Close-Out Requests for final payment of any and all funds awarded by this Agreement shall be received by the Department by the end of the Performance Period or upon termination of this Agreement unless otherwise specifically provided for in Attachment D. The State of Wisconsin is not responsible for payment of any request received outside of the aforementioned timeframe, unless a valid amendment of this Agreement is executed. ARTICLE 27. LIMITATION ON COSTS The Department's contribution to the total cost, both direct and indirect, of performing the tasks under this Agreement shall not exceed the total amount for eligible costs, as identified in the Attachments. Changes to this Agreement that do not affect the total amount for eligible costs may be made by written amendment of both the Department and the Grantee. ARTICLE 28. ELIGIBLE COSTS 1. No eligible costs subject to reimbursement by this Agreement may be incurred prior to the execution of this Agreement unless previously approved in writing by the Department. 2. Costs only as identified in the Budget, described in the Scope of Work, as included in the Attachments/Program guides are allowed. 3. All methods of charging expenses against this Agreement shall be submitted for review and approval by the Department. ADMINISTRATIVE TERMS AND CONDITIONS ARTICLE 29. SINGLE AUDIT REQUIREMENT The Grantee shall have a certified annual audit performed utilizing Generally Accepted Accounting Principles and Generally Accepted Auditing Standards. Federal Funded Awards: Governmental and Non-profit Grantees, or their assignees, that expend federal funds during their fiscal year shall comply with 2 CFR Part 200 Subpart F, and the State Single Audit Guidelines issued by the Department. Audit reports are due to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditor’s report(s), or nine (9) months after the end of the audit period. State Funded Awards: NOTE: If an audit is required under 2 CFR Part 200 Subpart F as described above, then this section does not apply as State Funded Awards will already be included in that audit. Governmental and Non-profit Grantees, or their assignees, which received state funds during their fiscal year, shall comply with the requirements set forth in the State Single Audit Guidelines issued by the Department. Audit reports are due to the Department within the earlier of thirty (30) calendar days after receipt of the auditor’s report(s), or nine (9) months after the end of the audit period. Please review the Department of Administration’s Single Audit Compliance Supplement for details on submission of the reporting package. https://doa.wi.gov/Pages/StateFinances/State-Single-Audit-Guidelines.aspx Contract PF 24-17 Rev 09/2024 Page 9 ARTICLE 30. RECORDS AND REPORTS The Grantee shall submit all required reports to the Department in a complete and timely manner per the schedule set forth in the Attachments and comply with all other applicable regulations. Records pertaining to the performance of this Agreement are subject to disclosure pursuant to and consistent with Wis. Stats. Chapter 19. ARTICLE 31. BONDING AND INSURANCE Unless authorized otherwise by the Department, the Grantee shall provide either insurance, fidelity, or surety bonds in amounts sufficient, in the opinion of the Department, to safeguard Agreement funds and activities undertaken with Agreement funds and program income expended under this Agreement. The Grantee shall establish and maintain in a state or federally insured financial institution an account for the purpose of receiving and disbursing all funds pertaining to this Agreement. ARTICLE 32. EXAMINATION OF RECORDS The Department, any of its authorized representatives, and the U.S. Government shall have access to and the right at any time to examine, audit, excerpt, transcribe, and copy on the Grantee's premises any directly pertinent records and computer files of the Grantee involving transactions relating to this Agreement. Similarly, the Department shall have access at any time to examine, audit, test, and analyze any and all physical projects subject to this Agreement. If the material is held in an automated format, the Grantee shall provide copies of these materials in the automated format or such computer file as may be requested by the Department. Such material shall be retained until such time as the Department notifies otherwise. This provision shall also apply in the event of cancellation or termination of this Agreement. The Grantee shall notify the Department in writing of any planned conversion or destruction of these materials at least ninety (90) days prior to such action. Any charges for copies provided by the Grantee of books, documents, papers, records, computer files or computer printouts shall not exceed the actual cost thereof to the Grantee and shall be reimbursed by the Department. SPECIAL TERMS AND CONDITIONS ARTICLE 33. COMPETITIVE PROCUREMENT PRACTICES The Grantee shall utilize State of Wisconsin competitive procurement practices for products and services purchased as a result of this Agreement. Where state and local procurement practices differ, state rules, standards, policies and practices shall take precedence. ARTICLE 34. REASONABLE COSTS The Grantee shall ensure the unit costs for products and services procured as a result of this Agreement are reasonable, allocable and allowable. ARTICLE 35. AUDITS Grantee shall perform an “Agreed upon Procedures Audit” on request. This audit shall consist of procedures and questions agreed upon by the Department and the auditor and shall extend beyond the scope of that provided for under the Wisconsin State Single Audit Guideline requirements. Contract PF 24-17 Rev 09/2024 Page 10 ARTICLE 36. CONFIDENTIAL, PROPRIETARY, AND PERSONALLY IDENTIFIABLE INFORMATION The Grantee shall not use Confidential, Proprietary, or Personally Identifiable Information (“Confidential Information”) for any purpose other than the limited purposes set forth in this Agreement, and all related and necessary actions taken in fulfillment of the obligations thereunder. The Grantee shall hold all Confidential Information in confidence and shall not disclose such Confidential Information to any persons other than those directors, officers, employees, and agents who have a business-related need to have access to such Confidential Information in furtherance of the limited purposes of this Agreement and who have been apprised of, and agree to maintain, the confidential nature of such information in accordance with the terms of this Agreement. Grantee shall require all such representatives to read and sign a non-disclosure statement and shall be responsible for the breach of this Agreement by any said representatives. Grantee shall institute and maintain such security procedures as are commercially reasonable to maintain the confidentiality of the Confidential Information while in its possession or control including transportation, whether physically or electronically. Definitions “Confidential Information” means all tangible and intangible information and materials, including all proprietary and Personally Identifiable Information, being disclosed in connection with this Agreement, in any form or medium (and without regard to whether the information is owned by the State or by a third party), that satisfy at least one of the following criteria: (i) Personally Identifiable Information; (ii) non-public information related to the State’s employees, customers, technology (including data bases, data processing and communications networking systems), schematics, specifications, and all information or materials derived there from or based thereon; or (iii) information expressly designated as confidential in writing by the State. “Personally Identifiable Information” means an individual’s last name and the individual’s first name or first initial, in combination with and linked to any of the following elements, if the element is not publicly available information and is not encrypted, redacted, or altered in any manner that renders the element unreadable: (a) the individual’s Social Security number; (b) the individual’s driver’s license number or state identification number; (c) the number of the individual’s financial account, including a credit or debit card account number, or any security code, access code, or password that would permit access to the individual’s financial account; (d) the individual’s DNA profile; or (e) the individual’s unique biometric data, including fingerprint, voice print, retina or iris image, or any other unique physical representation, and any other information protected by state or federal law. ARTICLE 37. LOBBYING Program funds may not be used to influence federal contracting or financial transactions. ARTICLE 38. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION The Grantee certifies that to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding the Grantee’s applications for these funds been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statement, or receiving stolen property; Contract PF 24-17 Rev 09/2024 Page 11 (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b); and (d) Have not within a three-year period preceding the Grantee’s application for these funds had one or more public transactions (federal, state, or local) terminated for cause or default. ARTICLE 39. EQUIPMENT ACCOUNTABILITY Title to equipment purchased with funds provided under this Agreement shall vest in the Grantee’s name, unless otherwise specified by the Attachments. Disposition of any equipment shall be in accordance with applicable property disposal procedures. ARTICLE 40. PATENT INFRINGEMENT If the Grantee is selling or providing for use articles to the State of Wisconsin, the Grantee guarantees the articles were manufactured or produced in accordance with applicable federal labor laws. Further, the Grantee guarantees that the sale or use of the articles described herein shall not infringe any United States patent. The Grantee covenants that it shall, at its own expense, defend every suit brought against the State of Wisconsin (provided that such Grantee is promptly notified of such suit, and all papers therein are delivered to it) for any alleged infringement of any patent by reason of the sale or use of such articles and agrees to pay all costs, damages, and profits recoverable in any such suit. ARTICLE 41. TRAINING – WORKSHOPS – SEMINARS – EXHIBIT SPACE If Grantee uses any portion of the funds provided under this Agreement to support training, workshops, seminars, exhibit space, etc., the Department shall receive complimentary registrations and/or exhibit/booth space, if requested. Contract PF 24-17 Rev 09/2024 Page 12 ATTACHMENT A SCOPE OF WORK In the event of conflict between the application and/or other supporting documents previously submitted to the Department by the Grantee with respect to the contents of this attachment, provisions within this attachment shall take precedence. 1. Scope of Work: Columbia Street (from South Chestnut Avenue to North Farm Road) utilities & roadway reconstruction with improvements, including: • Replacement of aging sanitary sewer & water system infrastructure (including sanitary sewer, manholes, watermains, fire hydrants, water valves, appurtenances, and associated sewer laterals & water services where applicable); • Replacement of aging storm water system components (storm sewers & storm inlets); along with • Reconstruction of the disturbed roadway, including concrete curbs & gutters; • Construction of sidewalk along south side of the roadway; along with • Construction of a new lift station near the 300 block of Columbia Street. Completion of engineering & grant administration work necessary for the project. 2. Timetable: Due Date Activity Prior to Construction and Acquisition • Execute Grant Agreement. • Establish record keeping system. • Establish financial management system. • Procure engineering and administrative services, if contracting with third-party firm(s) for these services. • Enter into the grant administration contract, if contracting with a third- party for grant administration. Submit executed contract to DEHCR CDBG Project Representative. • Complete Environmental Report and obtain official approval from DEHCR Environmental Desk. Submit copy of approval from DEHCR Environmental Desk to DEHCR CDBG Project Representative. • Submit “Notice of Acquisition/Relocation to DEHCR” form if any acquisition (including easements) and/or relocation will be required for the CDBG Project. • Complete acquisition and relocation requirements for property purchase, easement(s), etc., if applicable to Project. • Obtain federal Davis-Bacon wage decision(s) for the construction contract(s) to insert in the bid packet(s) if federal labor standards are applicable to Project. • Complete Record of Wage Decision Selection Form prior to bidding if federal labor standards are applicable to project and submit to DEHCR CDBG Project Representative for review. Contract PF 24-17 Rev 09/2024 Page 13 Due Date Activity Prior to Construction and Acquisition (continued) • Prepare and solicit construction and/or demolition related bids. Check for wage decision updates prior to the bid opening date in accordance with the guidance in the Program Implementation Manual. If there are any changes update the bid packet(s) and inform known potential bidders of the update(s). • Enter updated wage decision(s) information in effect at the time of bid opening, or on the contract award date if the contract award occurs more than 90 days after bid opening, on Notice of Contractor Award form. • Submit Notice of Contractor Award form(s) for each prime contract awarded to DEHCR CDBG Project Representative. • Submit detailed bid tabulation summary to DEHCR CDBG Project Representative. • Submit copy of the advertisement for bids with the publisher’s affidavit to DEHCR CDBG Project Representative. • Obtain all necessary permits. • Submit Force Account Affidavit form to DEHCR if local government employees will be conducting any construction work on the project. • Hold pre-construction meeting (pre-construction meeting is optional but strongly recommended). Submit meeting minutes/notes to DEHCR CDBG Project Representative if a pre-construction meeting was held. • Ensure required Project sign and labor standards documents are posted at the Project site in accordance with the requirements set forth in the Program Implementation Handbook (prior to or within the first week of starting construction). January 15, 2025 • Submit Single Audit Statement for CY2024 to DEHCR CDBG Project Representative. Arrange for Single Audit if required (Single Audit Report will be due to Federal Audit Clearinghouse [FAC] within 30 days of Single Audit being completed or September 30, 2025, whichever date is earlier). March 25, 2025 • Submit Semi-Annual CDBG Project Data Report for the reporting period of October 1, 2024, through March 31, 2025 (reporting Project activities from the Award Date through March 31, 2025), unless notified by DEHCR CDBG Project Representative of another submission date. April 15, 2025 • Submit Semi-Annual Summary Narrative Report and supporting documentation for the reporting period of October 1, 2024, through March 31, 2025 (reporting Project activities from the Award Date through March 31, 2025). Reporting must follow the guidance provided in the Program Implementation Handbook. July 1, 2025 • Begin Construction. September 25, 2025 • Submit Semi-Annual CDBG Project Data Report for the reporting period of April 1, 2025, through September 30, 2025, unless notified by DEHCR CDBG Project Representative of another submission date. Contract PF 24-17 Rev 09/2024 Page 14 Due Date Activity September 30, 2025 • Complete the Fair Housing Actions described in the Attachments of the Grant Agreement. • Complete Single Audit and submit Single Audit Report for CY2024 to Federal Audit Clearinghouse [FAC] if the Grantee was required to complete a Single Audit for CY2024 (submit within 30 days of Single Audit completion or September 30, 2025, whichever date is earlier). Submit record of submission from the FAC website to DEHCR CDBG Project Representative. Reporting must follow the guidance provided in the Program Implementation Handbook. October 15, 2025 • Submit Semi-Annual Summary Narrative Report and supporting documentation to DEHCR CDBG Project Representative for the reporting period of April 1, 2025, through September 30, 2025. Reporting must follow the guidance provided in the Program Implementation Handbook. • Report Fair Housing Actions completed (in the Fair Housing section of the Semi-Annual Summary Narrative Report) and submit supporting documentation to DEHCR CDBG Project Representative in accordance with the guidance and requirements specified in the Program Implementation Handbook and this Agreement. January 15, 2026 • Submit Single Audit Statement for CY2025 to DEHCR CDBG Project Representative. Arrange for Single Audit if required (Single Audit Report will be due to Federal Audit Clearinghouse [FAC] within 30 days of Single Audit being completed or September 30, 2026, whichever date is earlier). March 25, 2026 • Submit Semi-Annual CDBG Project Data Report for the reporting period of October 1, 2025, through March 31, 2026, unless notified by DEHCR CDBG Project Representative of another submission date. March 31, 2026 • Give proper notice for and conduct second Citizen Participation Public Hearing to report Project progress to, and receive input from, local community regarding the CDBG Project in accordance with the guidance and requirements specified in the Program Implementation Handbook, the Grantee’s Citizen Participation Plan, and this Agreement. The second hearing must be held AFTER construction has started and DURING the Construction Period. Contract PF 24-17 Rev 09/2024 Page 15 Due Date Activity April 15, 2026 • Submit Semi-Annual Summary Narrative Report and supporting documentation for the reporting period of October 1, 2025, through March 31, 2026. Reporting must follow the guidance provided in the Program Implementation Handbook. • Report status of second Citizen Participation Public Hearing completion (in the 2nd Citizen Participation Public Hearing section of the Semi- Annual Summary Narrative Report) and submit second Public Hearing documents, including the hearing notice (with the publisher’s affidavit of publication and/or clerk certification of notice posting(s), as applicable in accordance with the Grantee’s Citizen Participation Plan), 2nd Citizen Participation Public Hearing Certification form, hearing minutes, and attendance list (if all attendees are not listed in the hearing minutes) to DEHCR CDBG Project Representative. September 25, 2026 • Submit Semi-Annual CDBG Project Data Report for the reporting period of April 1, 2026, through September 30, 2026, unless notified by DEHCR CDBG Project Representative of another submission date. September 30, 2026 • Complete Single Audit and submit Single Audit Report for CY2025 to Federal Audit Clearinghouse [FAC] if the Grantee was required to complete a Single Audit for CY2025 (submit within 30 days of Single Audit completion or September 30, 2026, whichever date is earlier). Submit record of submission from the FAC website to DEHCR CDBG Project Representative. Reporting must follow the guidance provided in the Program Implementation Handbook. October 15, 2026 • Submit Semi-Annual Summary Narrative Report and supporting documentation to DEHCR CDBG Project Representative for the reporting period of April 1, 2026, through September 30, 2026. Reporting must follow the guidance provided in the Program Implementation Handbook. October 31, 2026 • Complete all Construction Activities. • End of Construction Period. No construction expenses incurred after this date. December 31, 2026 • Submit Final CDBG Payment Request and supporting documents. • Submit Project Completion Report and supporting documents, including the Final Summary Narrative and supporting documents for the period of October 1, 2026, through December 31, 2026 (with Project Completion Report). Reporting must follow the guidance provided in the Program Implementation Handbook. • Submit Semi-Annual CDBG Project Data Report for the reporting period of October 1, 2026, through March 31, 2027 (reporting project activities October 1, 2026, through December 31, 2026) (with Project Completion Report). • Submit Final Labor Standards Compliance Report (LSCR) for each prime contractor (with Project Completion Report). Contract PF 24-17 Rev 09/2024 Page 16 Due Date Activity January 15, 2027 • Submit Single Audit Statement for CY2026 to DEHCR CDBG Project Representative. Arrange for Single Audit if required (Single Audit Report will be due to Federal Audit Clearinghouse [FAC] within 30 days of Single Audit being completed or September 30, 2027, whichever date is earlier). Within 60 Days of Receipt of Final CDBG Payment • Submit Financial Certification of Completion and supporting documentation (as listed in the Financial Certification). September 30, 2027 • Complete Single Audit and submit Single Audit Report for CY2026 to Federal Audit Clearinghouse [FAC] if the Grantee was required to complete a Single Audit for CY2026 (submit within 30 days of Single Audit completion or September 30, 2027, whichever date is earlier). Submit record of submission from the FAC website to DEHCR CDBG Project Representative. Reporting must follow the guidance provided in the Program Implementation Handbook. Contract PF 24-17 Rev 09/2024 Page 17 ATTACHMENT B BUDGET In the event of conflict between the application and/or other supporting documents previously submitted to the Department by the Grantee with respect to the contents of this attachment, provisions within this attachment shall take precedence. Project CDBG-PF Award Amount Grantee Match Amount Total Columbia Street Infrastructure Improvements & Lift Station Construction $ 1,000,000 $ 1,759,150 $ 2,759,150 Grantee Match: The Grantee must contribute a minimum match amount that meets the 2:1 ratio requirement (maximum $2 CDBG for every $1 Grantee Match) to receive the full CDBG Award Amount. Engineering/Architectural Costs: No CDBG funds will be used for engineering/architectural costs. All engineering/architectural costs will be borne by the Grantee. Administrative Costs: No CDBG funds will be used for administration costs. All administration costs will be borne by the Grantee. Contract PF 24-17 Rev 09/2024 Page 18 ATTACHMENT C SOURCE OF FUNDS Program Name: The United States Government, through the Housing and Community Development Act (HCDA) of 1974, as amended, has established the Community Development Block Grant (CDBG) Program and has allowed each state to elect to administer CDBG funds for its non-entitlement areas, subject to certain conditions. CFDA #: The CFDA Number for the CDBG Program is 14.228. Federal Award Identification Number (FAIN): B-24-DC-55-0001 Federal Award Date: 9/19/2024 Total Amount of the Federal Award: $27,168,342.00 Amount of Federal Funds Obligated by this Award: (Budget Amount) Funding Source: The funds awarded under this Agreement have been encumbered and are subject to continued availability of funding from the U.S. Department of Housing and Urban Development. The contact information for the federal awarding official is: Garry Werra Director U.S. Department of Housing and Urban Development Office of Community Planning and Development 310 West Wisconsin Avenue, Suite 950W Milwaukee, WI 53203-2289 Phone: 414-935-6644 garry.m.werra@hud.gov Fax: 414-935-6779 The contact information for the pass-thru agency official is: David Pawlisch, Division Administrator Department of Administration Division of Energy, Housing & Community Resources 101 E. Wilson Street Madison, WI 53707 Phone: 608-261-7538 David.Pawlisch@wisconsin.gov Contract PF 24-17 Rev 09/2024 Page 19 ATTACHMENT D METHOD OF PAYMENT CDBG Funds: CDBG funds awarded through this Agreement shall be released upon submission of required reporting. Request for final payment of any and all funds awarded by this Agreement, including Project and administrative funds, must be received by the Department as set forth in the Timetable in Attachment A. If the cost of making payments to eligible CDBG grantees under this and other outstanding CDBG agreements exceeds the total amount appropriated by HUD, the Department, in its sole discretion, may: 1. Prorate and reduce the amount payable to the Grantee hereunder; 2. Terminate this Agreement under Articles 10 and 21 of this Agreement. 10% of the total grant award, up to a maximum of $25,000.00, will be withheld from disbursement until the Grantee successfully completes the Project and submits Project Completion documentation. The Department must approve the Project Completion report for the Project to be considered complete. Upon receipt by the Department of all CDBG Program required working documents, Grantee may request CDBG funds under this Agreement. The Grantee must comply with the payment request requirements in the Program Implementation Handbook. The Department is not responsible for Grantee's disbursement of funds to contractors, sub -grantees and/or other creditors. Project Funds: Project funds will be disbursed pursuant to the Budget described in Attachment B. The Grantee is responsible for requesting all payments as described in the Financial Management chapter of the Department’s Program Implementation Handbook. Administrative Funds: CDBG administrative funds are to be disbursed pursuant to the Budget described in Attachment B and according to the procedures in the Department’s Program Implementation Handbook. Matching Funds: The Grantee shall provide sufficient funds to ensure that the Grantee match requirement is met, as established in the Budget for the work described in the Scope of Work in Attachment A. Costs in excess of the amounts established in the Budget will be the responsibility of the Grantee. Funds spent on activities outside the Scope of Work or funds spent in violation of the standards established in this Agreement cannot be claimed as Grantee match. It shall be considered an event of default if the Department determines the Grantee has not satisfied the Grantee match funds requirement. The Department may require repayment in an amount determined by the Department in order to bring the Grantee into compliance with the Grantee match requirement. Contract PF 24-17 Rev 09/2024 Page 20 ATTACHMENT E REPORTING REQUIREMENTS The Grantee agrees to follow the reporting procedures of the Department as specified in the most recently published Program Implementation Handbook and 24 CFR Part 570, and any subsequent revisions including but not limited to: Reporting: The reporting shall be in the format as described in the Program Implementation Handbook. Semi-Annual Reporting: Semi-Annual Summary Narrative Reports for the reporting periods of April 1st through September 30th and October 1st through March 31 st shall be submitted during the Performance Period and are due per the Timetable in Attachment A. Single Audit Reporting: The Grantee shall submit a Single Audit Statement letter advising the Department of whether or not a Single Audit will be performed. The Single Audit Statement letter shall be submitted each calendar year during the Performance Period and thereafter until this Agreement has been closed out, and is due per the Timetable in Attachment A. If a Single Audit is required for a calendar year, then the Single Audit Report shall be submitted in accordance with the Timetable in Attachment A. Section 3 Reporting: The Section 3 program requires that recipients of certain HUD financial assistance, to the greatest extent feasible, provide job training, employment, and contracting opportunities for low- or very low-income residents and for low- or very low-income businesses in connection with projects and activities in their communities. The Section 3 data reporting shall be submitted in accordance with the Timetable in Attachment A if applicable to the Project in accordance with the Program Implementation Handbook. Labor Standards Reporting: The U.S. Department of Labor (USDOL) requires federal agencies administering programs subject to the Davis - Bacon and Related Act (DBRA) and the Contract Work Hours and Safety Standards Act (CWHSSA) to furnish a Semi-annual Labor Standards Enforcement reporting form , even if the number of hours worked for the reporting period are equal to zero. The Labor Standards data reporting shall be submitted in accordance with the Timetable in Attachment A, if applicable to the Project in accordance with the Program Implementation Handbook. Equal Opportunity Reporting: Grantee shall submit the following reports concerning equal opportunity reporting compliance: • Minority Business Enterprise/Women Business Enterprise (MBE/WBE) reporting; and • Fair Housing Actions reporting. These reporting requirements shall be submitted in accordance with the Timetable in Attachment A. CDBG Jobs Project Employee Self-Certification Report: For CDBG projects that require job creation and/or retention by a business, reporting of jobs created and/or retained by the business is required. If applicable, the CDBG Jobs Project Employee Self-Certification Report and supporting documents shall be submitted in accordance with the Timetable in Attachment A. Client Income Certification Report: For CDBG projects that require client income certifications for clients receiving services, a Client Income Certification Report is required. If applicable, the Client Income Certification Report and supporting documents shall be submitted in accordance with the Timetable in Attachment A. Contract PF 24-17 Rev 09/2024 Page 21 Project Completion Report: The Project Completion Report and supporting documents must be submitted no later than sixty (60) days (i.e., approximately 2 months) after the Construction End Date as listed in the Timetable in Attachment A. The report shall be in the format designated by the Department in the Program Implementation Handbook and include a summary of Program performance compared to Program goals and use of Program Income. Financial Certification of Completion: The Financial Certification of Completion and supporting documents must be submitted no later than sixty (60) days after the Grantee receives the final CDBG payment, in the format designated by the Department in the Program Implementation Handbook. Additional Reports and Information: The Department reserves the right to amend and require additional information or reports as needed. Contract PF 24-17 Rev 09/2024 Page 22 ATTACHMENT F PROGRAM RULES The Grantee shall comply with the Program Rules as follows: 1. DEPARTMENT POLICIES AND PROCEDURES The Grantee agrees to follow policies and procedures of the Department including, but not limited to, the most recently published Program Implementation Handbook and 24 CFR Part 570, and any subsequent applicable amendments or changes to either. The Grantee understands the Department has discretion to establish and revise the policies and procedures necessary to administer the CDBG Program. In the event of a conflict between Department policies and procedures and 24 CFR Part 570, the Department, in its discretion, shall determine which Department policies and procedures or parts of Department policies and procedures apply. 2. FAIR HOUSING The Grantee shall comply with Title VIII of the Federal Civil Rights Act of 1968 (as amended), and s. 106.50, Wis. Stats., and any subsequent relevant laws or amendments. The Grantee will accomplish the following three (3) Fair Housing activities, as specified in the Grantee’s CDBG application and response to the pre -agreement letter, to further Fair Housing throughout the distribution area according to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. • Enact, strengthen, or advertise a local fair housing law; • Have the local governing body or Chief Elected Official (CEO) publicly endorse the principle of fair housing and of adherence to the fair housing law in the form of a proclamation, resolution, or similar publicized statement of importance; and • Display a fair housing poster or provide fair housing information at an appropriate public place. These activities must be completed no later than the due date as listed in the Timetable in Attachment A. Failure to complete these activities may result in suspension of funds until these activities are completed. 3. AMENDMENT The Grantee understands that the Department will not entertain a request for an amendment within thirty (30) days of the end of this Agreement. 4. ADMINISTRATIVE STAFF The Grantee shall maintain a staff sufficient to administer this Agreement and the activities and requirements arising therefrom. All records pertaining to this Agreement shall be kept at the Grantee’s official place of business or at the office of the Grantee’s administrator of this Agreement during the Performance Period. However, at c ompletion of the Project all records shall be in the possession of the Grantee and maintained at the Grantee’s official place of business. All subcontracts for the administration of this Agreement must be submitted to the Department for review prior to execution. 5. MONITORING The Grantee will be monitored at least once during the Performance Period of this Agreement. Grantees may be monitored on -site at the Grantee’s office or the Grantee will be asked to submit their files to the Department for a desk monitoring session. Contract PF 24-17 Rev 09/2024 Page 23 6. ENVIRONMENTAL PROTECTION The Grantee’s chief executive officer or equivalent shall assume the status of a responsible federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of federal law, as specified in 24 CFR Part 58. The Grantee hereby consents to the jurisdiction of the federal courts for the purpose of enforcement of their responsibilities under NEPA and 24 CFR Part 58. The Grantee shall comply with the terms in the Environmental Review section of the Program Implementation Handbook. 7. BUILD AMERICA, BUY AMERICA ACT The Grantee must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC § 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee’s Project. Pursuant to the U.S. Department of Housing and Urban Development’s (HUD’s) notice, “Public Interest Phased Implementation Waiver for FY2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates are subject to BABA requirements, unless excepted by a waiver. 8. LABOR STANDARDS The Grantee shall comply with and assure compliance of all Project contractors and subcontractors with the Davis-Bacon Act, 40 U.S.C. § 276a-276a-5 as amended, the Contract Work Hours and Safety Standards Act, 40 U.S.C. Chapter 37, and other applicable Federal laws and regulations pertaining to labor standards, and the Labor Standards section of the Program Implementation Handbook. 9. ACQUISITION/RELOCATION The Grantee shall: • Comply with Ch. 32, Wis. Stats., and related administrative rules issued by the Wisconsin Department of Administration. • Comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the Wisconsin Department of Transportation Implementing Instructions related to 49 CFR Part 24. • Comply with the requirements in the Acquisition and Relocation section of the Program Implementation Handbook. • Comply with the Acquisition and Relocation related requirements of Section 104(d) and Section 106(d) of the HCDA (42 USC § 5304(d)). 10. ACQUISITION AND DISPOSITION OF PROPERTY AND EQUIPMENT The Grantee shall comply with the Procurement Policy section of the Program Implementation Handbook and account for any tangible personal property acquired with CDBG funds. All proceeds derived from the disposition of real property acquired with CDBG funds shall be treated as Program Income as described within this Agreement. 11. LOBBYING The Grantee shall comply with Section 319 of Public Law 101-102 and 24 CFR Part 87. The Grantee shall maintain a file containing signed copies of 24 CFR 87, Appendix A, ‘Certification Regarding Lobbying’, and 24 CFR 87, Appendix B, ‘Disclosure of Lobbying Activities’ for all contracts, if applicable. 12. RECORD KEEPING The Grantee must maintain all documentation relative to the Project and program requirements specified in this Agreement, Program Implementation Handbook, Code of Federal Regulations, Wisconsin Statutes, and other pertinent requirements. In general, record s are to be retained indefinitely until notified by the DOA that the records may be disposed of, unless there is litigation, claims, negotiations, or other actions involving the records, which started before the notification has been received from DOA. In such cases, the records must be retained until completion of the action and resolution of all issues which arise from it or until receipt of DOA disposal notification, whichever is longer. Contract PF 24-17 Rev 09/2024 Page 24 Representatives of the State of Wisconsin, HUD, the Comptroller General of the United States, or of other authorized governmental agencies have the right of access to any pertinent records of a subrecipient to make audits, examinations, excerpts, and transcripts. 13. PROGRAM INCOME “Program Income” means gross income received by the Grantee directly generated from the use of the Agreement award including, but not limited to, the following: (a) repayments of funds that had been previously provided to eligible beneficiaries; (b) interest earned on any or all Agreement funds obtained from the Department; (c) proceeds derived after the Agreement close-out from the disposition of real property acquired with any or all funds provided under this Agreement or interest earned on Program Income pending its disposition. The Grantee shall record all Program Income which shall be used in accordance with the rules and regulations of the Program funding source. If at any time changes in the use of Program Income are considered, the Grantee shall submit a plan detailing the proposed uses of Program Income to the Department for approval. Should the Grantee decide following Agreement close out to discontinue using Program Income for such purposes, the Grantee shall return the Program Income balance and any additional Program Income accrued to the State by January 31 of the following year. 14. FAILURE TO PERFORM The Department shall require repayment for failure to perform, including, but not limited to, any failure to meet any HUD requirement. Ordinance 24-011 Page 1 CITY OF OCONTO FALLS ORDINANCE 24-011 ANNEXATION OF UTILITY SUBSTATION DRIVEWAY FROM THE TOWN OF STILES AN ORDINANCE ANNEXING CERTAIN LANDS OWNED BY OCONTO FALLS MUNICIPAL UTILITIES, OCONTO COUNTY, TO THE CITY OF OCONTO FALLS, WISCONSIN. The Common Council of the City of Oconto Falls, Wisconsin does ordain as follows: SECTION I. Territory Attached. That a Petition for Direct Annexation Pursuant to State Statute 66.0217(2). By Petition (Petition) is acknowledged by the City Clerk on or about the 1st Day of October 2024, the Oconto Falls Municipal Utilities requests annexation of the real property described on the legal description and map attached and hereto, and incorporated herein; which property is in the Town of Stiles contiguous to the City of Oconto Falls, Oconto Falls Municipal Utilities; Parcel "A" ,Part of Parcel 040- 3030010322, A parcel of land located in part of the fractional North half of the Southwest quarter of Section 30, Township 28 North, Range 20 East, Town of Stiles, Oconto County, Wisconsin, described as follows: Commencing at the West quarter corner of said Section 30; Thence South 00 degrees 48 minutes 51 seconds West along the West line of said Section 30, a distance of 1336.97 ft. to the South sixteenth corner; Thence South 89 degrees 56 minutes 39 seconds East along the sixteenth line, a distance of 33.00 ft. to a 1" iron pipe on the East right of way line of County Road I and the POINT OF BEGINNING; Thence North 00 degrees 48 minutes 51 seconds East along said right of way line, a distance of 55.30 ft. to a 1" iron pipe; Thence South 89 degrees 56 minutes 38 seconds East, a distance of 319.83 ft. to a 1" iron pipe on the West line of lands described on Document Number 757285 of the Oconto County Registry; Thence South 00 degrees 54 minutes 30 seconds West along said West line, a distance of 55.30 ft. to a 1" iron pipe on the South line of the said fractional North half of the Southwest quarter; Thence North 89 degrees 56 minutes 39 seconds West along the sixteenth line, a distance of 319.74 ft. to the POINT OF BEGINNING. Said parcel contains 0.406 acres of land more or less. Section II. Effect of Annexation. From and after the adoption of this Ordinance, the territory described in Section I shall be detached from the Town of Stiles, Oconto County, Wisconsin and made part of the City of Oconto Falls for any and all purposes provided by law and all persons coming and residing within such territories shall be subject to all ordinances, rules and regulations governing the City of Oconto Falls. Ordinance 24-011 Page 2 Section III. Required Filings. The City Clerk shall file immediately with the Department of Administration a certified copy of the Ordinance, with a Copy of the Petition and Plat of Survey (Exhibit A) and the (Exhibit B) legal description and the City Clerk shall send one copy to each company that provides any utility service in the area that is attached. The City Clerk shall also record the Ordinance with the Register of Deeds and file a signed copy of the Ordinance with the Clerk of any affected school district. The Clerk’s certificate shall include reference to the population of the territory being attached as set forth in the Petition, which population is zero (0) persons. Section IV. Municipal Boundary Review. The Petition for Annexation is located in Oconto County, that has a population under 50,000 and therefore a municipal boundary review is not required by the Wisconsin Department of Administration. Oconto County’s population is 38,965 as of April 1, 2020 census data. Section V. Severability. If Any provision of this Ordinance is invalid or unconstitutional, or if application of this Ordinance to any person or circumstance is invalid or unconstitutional, such unconstitutionality shall not affect other provisions or obligations of this Ordinance which can be given effect without the invalid or unconstitutional provision or application. Section VI. Effective Date. This Ordinance shall be effective upon passage as required by law and the Zoning Administrator is hereby directed to make necessary changes to the Zoning Maps, the annexed parcel shall be Zoned Multifamily Residence (R-2) forthwith. The City Clerk is hereby directed to make necessary changes to the Election Map to include the parcel in the City newly created Ward 6, District 1 forthwith and file the changes with the Wisconsin Election Commission. City Council Hereby Adopts City of Oconto Falls Ordinance 24-011, Oconto Falls Municipal Utilities Substation Driveway as described in Section I. On this 10th Day of December, 2024. STATE OF WISCONSIN, COUNTY OF OCONTO OFFERED BY COUNCIL PERSON: SECONDED BY COUNCIL PERSON: AYES: NAYS: ABSENT: 1 Attest _______________________ Attest _________________________ Mayor Clint Braun City Administrator Peter A. Wills Date of Publication: Friday, December 20, 2024 Attest ____________________ Oconto County Times Herald Deputy Clerk, Jenny Friedman ADOPTED: 10th Day of December, 2024. APPROVED: 10th Day of December, 2024 Ordinance 24-011 Page 3 Seal Clerk Certification IN WITNESS WHEREOF, I certify this is a true and accurate copy of Ordinance No. 24-011 adopted by the Common Council on December 10, 2024. Attest _______________________ Attest ___________________________ Mayor Clint Braun City Administrator Peter A. Wills Date of Publication: Friday, December 20, 2024 Attest ___________________________ Oconto County Times Herald Deputy Clerk, Jenny Friedman Ordinance 24-011 Page 4 EXHIBIT A Ordinance 24-011 Page 5 Ordinance 24-011 Page 6 SEPTEMBER 10, 2024 RESOLUTION 24-012 PURPOSE: RESOLUTION DETERMINING PROJECT SITE TO BE BLIGHTED AND DECLARING INTENT TO REDEVELOP SITE; CONFIRMING BOUNDARIES OF A REDEVELOPMENT AREA WHEREAS, Section 66.1333 of the Wisconsin Statutes, as amended (the "Act"), states that it is the policy of this state to protect and promote the health, safety, morals, and general welfare of the people of the state in which substandard, deteriorated, slum and blighted areas exist by the elimination and prevention of such areas through the utilization of all means appropriate for that purpose, thereby encouraging well planned, integrated, stable, safe and healthful neighborhoods, the provision of healthful homes, a decent living environment and adequate places for employment of the people of this state and its communities in such areas; and WHEREAS, the City of O conto Falls , Wisconsin (the " City") is authorized by Section 66.1333 of the Wisconsin Statutes, as amended (the "Act") to prepare redevelopment plans and urban renewal plans and undertake and carry out redevelopment and urban renewal projects within the corporate limits of the City, including but not limited to: (a) to acquire property necessary or incidental to a redevelopment area and to lease, sell or otherwise transfer such property to a public body or private party for use in accordance with a redevelopment plan and to assist private acquisition, expansion, improvement and development of blighted property for the purpose of eliminating its status as blighted property; (b) to enter into contracts determined to be necessary to effectuate the purposes of the Act; and (c) to authorize borrowing finance its activities; and WHEREAS, the City and the City of Oconto Falls Planning Commission have been provided with a blight report (the "Blight Report"}, attached hereto as Exhibit A, with respect to a project site located at 782 N Main Street in the City of Oconto Falls, Wisconsin (the "Property"); and WHEREAS, it has been proposed that the City undertake programs and projects for redevelopment, blight prevention and elimination, rehabilitation and conservation, and urban renewal, in and with respect to a project in a certain area within the City, which area is set forth in Exhibit A hereto an d known as the Redevelopment Area, all as authorized by and pursuant to the Act; and WHEREAS, the Planning Commission has made a preliminary determination at its August 19, 2024 meeting, that the Property is a blighted property in need of rehabilitation and blight elimination in accordance with Section 66.1333 of the Wisconsin Statutes; and WHEREAS, the Planning Commission held a public hearing in accordance with Section 66.1333(5)(c)(2) on August 19,2024 5: 30pm at City Council Chambers to determine if the Property is blighted and has submitted its findings to the City Council; and WHEREAS, the City intends to borrow to finance the Project; and WHEREAS, the City Council of the City makes a determination that the Property is blighted and approves the Project, this City Council has been asked to make a preliminary determination as to the status of the Property as blighted property and approve borrowing by the City. WHEREAS, Section 6(b} of the Act provides that for the exercise of the powers granted the Authority and for the acquisition and disposition of real property within the Redevelopment Area, it is required, among other actions, that the Authority (i} designate the boundaries of the Redevelopment Area, (ii} submit the boundaries to the Common Council of the City (the "Common Council"}, and (iii) approve the Redevelopment Plan only after a public hearing conducted by the Planning Commission and a finding by the Planning Commission that the proposed Redevelopment Plan is feasible and in conformity with the general plan of the City; and WHEREAS, Section 6(b} of the Act also provides that for the exercise of the p o w e r s granted the Authority, it is required, among other actions, that the Common Council, by resolution approved by at least two-thirds vote of the Common Council, (i} declare the Redevelopment Area to be a blighted area in need of a b l i g h t elimination, slum clearance and u r b a n renewal project, and (ii} approve the Redevelopment Plan; and WHEREAS, on August 19, 2024 the Authority conducted a duly noticed public hearing (the "Public Hearing") at w h i c h all interested parties were afforded a full opportunity to express their views on the Redevelopment Area to determine if the Redevelopment Area is a "blighted area" within the meaning of the Act; and WHEREAS, the City Planning Commission Approved Redevelopment Area Boundaries at August 19,2024 the Planning Commission (i} approved and designated the boundaries of the R e d e v e l o p m e n t Area as described in Exhibit A, (ii} found that the Redevelopment is feasible and in conformity with the general plan of the City, and (iii} adopted and approved the Redevelopment set forth in and WHEREAS, the Common Council has heretofore considered the facts and circumstances of the Redevelopment Area, consideration having been given, among other items, to the following matters: (i} the definitions of "blighted area" and "redevelopment and urban renewal project" contained in Sections (2m}(b} and (2m)(d} of the Act, (ii} the past and present conditions of the properties in the Redevelopment Area, (iii} the Redevelopment Plan, and (iv} reports and recommendations by the Authority, various engineers, consultants, advisors and counsel retained by the City and the Authority NOW, THEREFORE, BE IT RESOLVED by the City Council: 1. Findings and Determinations . Based on the information provided in the Blight Report, it is preliminarily determined that conditions of blight exist on the Property and that the Project will promote the elimination of the blighted conditions on the Property. 2. The Common Council hereby finds, determines, and confirms that the Redevelopment Area: a) is an area which by reason of (i) unsanitary or unsafe conditions, (ii) deterioration of site or other improvements, and (iii) the existence of conditions which endanger life or property, substantially impairs and arrests the sound growth of the City and constitutes an economic and social liability, and is a menace to the public health, safety, morals and welfare in its present condition and use, b) is an area which is predominantly open and which because of deterioration of structures or of site improvements substantially impairs and arrests the sound growth of the community, and, c) as a consequence of the foregoing, is a blighted area in need of a blight elimination, slum clearance and urban renewal project, within the meaning of the Act and as described in Section 6(b)l. of the Act. Section 3. The Common Council hereby adopts and approves the Redevelopment Plan in the form set forth in Exhibit B and hereby confirms the finding by the Authority that the Redevelopment Plan is feasible and in conformity with the general plan of the City. Section 4. This Resolution shall take effect immediately upon its adoption. Effective Date: Conformity. This resolution shall be effective immediately upon its passage and approval. To the extent that any prior resolutions of the City are inconsistent with the provisions hereof, this resolution shall control and such prior resolutions shall be deemed amended to such extent as may be necessary to bring them in conformity with this resolution. Adopted and approved this 10th day of September, 2024. Clint Braun, Mayor ___________________________________ Peter Wills, City Administrator/Clerk 2 EXHIBIT A Boundaries of Redevelopment Area CERTIFICATION BY CITY CLERK I, Jenny Friedman, hereby certify that I am the duly qualified and Deputy City Clerk of the City of Oconto Falls, Wisconsin (the "City''), and as such I have in my possession, or have access to, the complete corporate records of the City and of its governing body; that I have carefully compared the transcript attached hereto with the aforesaid records; and that said transcript attached hereto is a true, correct and complete copy of all the records in relation to the adoption of Resolution No. 24-012 entitled: "RESOLUTION DETERMINING PROJECT SITE TO BE BLIGHTED AND RESOLUTION DETERMINING PROJECT SITE TO BE BLIGHTED AND DECLARING INTENT TO REDEVELOP SITE; CONFIRMING BOUNDARIES OF A REDEVELOPMENT AREA I hereby further certify as follows: 1. Said Resolution was considered for adoption by the City Council at a meeting held at City Hall, 500 N Chestnut Ave , Oconto Falls Wisconsin, at 6:00p.m. on September 10, 2024. Said meeting was a regular meeting of the City Council and was held in open session. 2. Said Resolution was on the agenda for said meeting and public notice thereof was given not less than twenty-four (24) hours prior to the commencement of said meeting in compliance with Section 19.84 of the Wisconsin Statutes, including, without limitation, by posting on the bulletin board in the City Hall, by notice to those news media who have filed a written request for notice of meetings, and by notice to the official newspaper of the City. 3. Said meeting was called to order by Mayor Clint Braun, who chaired the meeting. Upon roll, I noted and recorded that the following alderpersons were present: and that the following alderpersons were absent: 3 WHD/6873342. l I noted and recorded that a quorum was present. Various matters and business were taken up during the course of the meeting without intervention of any closed session. One of the matters taken up was said Resolution, which was introduced, and its adoption was moved by and seconded by _ Following discussion and after all alderpersons who desired to do so had expressed their views for or against said Resolution, the question was called, and upon roll being called and the continued presence of a quorum being noted, the recorded vote was as follows: AYE: NAY: ABSTAINED: Whereupon the meeting chairperson declared said Resolution adopted, and I so recorded it. IN WITNESS WHEREOF, I have signed my name hereto as of this 10th day of September, 2024. CITY OF OCONTO FALLS, WISCONSIN [SEAL] By: _ Jenny Friedman, Deputy City Clerk 4 EXHIBIT B BLIGHT REPORT OF PROPERTY LOCATED AT 782 N MAIN STREET IN THE CITY OF OCONTO FALLS (the "Property") Statutory Definitions of "Blight" Section 66.1333(2m)(bm) of the Wisconsin Statutes provides a definition of "blight" and cites certain examples of conditions of blight. Both the broad statutory definition and the blight finding which have been made by municipalities throughout the State are much broader than the classic dictionary definition of blight. Essentially the Statute provides three (3) separate routes to identify blight: 1. Property which by reason of dilapidation, deterioration, age or obsolescence, inadequate provisions of ventilation, light, air or sanitation, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime, and is detrimental to the public health, safety, morals or welfare; or 2. Property which by reason of faulty lot layout in relation to size, adequacy, accessibility of usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair market value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a village, retards the provisions of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use; or 3. Property which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements or otherwise, substantially impairs or arrests the sound growth of the community. Narrative Description of Blight Conditions at the Property The City of Oconto Falls represents that the following conditions of blight currently exist and must be corrected with completion of property improvement or replacement resulting in fully occupied property and enhanced assessed values on the city tax rolls located at 782 N Main Street, in the City of Oconto Falls, Wisconsin (the "Project"): 5 Based on inspection of the property by the Fire Chief inspected thus far, the Fire Chief proposes the following two recommendations. A. Wis. Stats. 66.133 Blighted Area and Blighted Property Determination Recommendation: (1) Blighted Area: 782 N Main Street properties should be determined to be blighted based on the condition of physical deterioration of buildings on both of the properties. Based on these factors, the City Council should make a blighted area determination in accordance with Wis. Stats. 66.1333. Specifically, that this area has a predominance of buildings, which by reason of sanitation, and the existence of conditions that are conducive to ill health, are detrimental to the public health and welfare of the community. As previously described, the majority of, and certainly more than 25 percent, of all the buildings on the two parcels are in a state of physical deterioration. Therefore, this test is satisfied. (2) Abandonment of Properties; Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings; Former Hardees, 782 N Main Street. Last building permit issued 2019, has remained unoccupied or repaired during that time. (3) Significant declines in property values or abnormally low property values relative to other areas in the community; 782 N Main Street – The assessed value was significantly decreased following the building status changed to non-occupied in 2019. The building has remained in non- occupied condition since 2019. The building, parking lot and signs have been in deteriorating condition since 2019. (4) Known or suspected environmental contamination 782 N Main Street property has not been occupied since 2019. Condition of property, unsecured openings to the elements and rodents. Attached to this letter is photos of the properties deteriorating conditions of the afore mentioned properties. Therefore, this test is satisfied. 6 B-1 782 N Main St-Former Hardees G:\CITY\PROJECTS\Current Developments\782 N Main -Former Hardees B-2 782 N Main Street-Former Hardees B-3 Page 1 of 1 ** Sales Quotation ** 1. Camion Brine Equipment A. 250 Gallon T series Camion Brine Sprayer B. Electric 12V high flow system C. Standard controls D. 12 nozzle, double bar boom high volume spray bar E. 22” Folding boom mount F. Baffle Balls G. 100’ Hose reel and spray gun H. Storm Commander GPS flow controller I. Installed and complete Total: $19,835.00 Deposit Required: $4,959.00 Estimated Chassis Arrival Date: Estimated Equipment Arrival Date: 6 Weeks from Deposit All Sales Tax and FET Tax will be added Submitted by: Sam Stein Quote firm 30 days Terms: Net 30 Unless previously arranged, for quotes in excess of $5,000.00 Casper’s requests 25% payment upon approval / purchase order. By signing below, I agree that I have read, understood, and will comply with the terms of this quote. Quote accepted by: ___________________________________________ Title: ___________________________ Date Accepted: _____________________ PO# ______________________ Thank You for the opportunity to submit our quote for your consideration Appleton Milwaukee 700 Randolph Drive 12655 W. Silver Spring Rd Appleton, WI 54913 Butler, WI 53007 Phone: (920) 687-1111 Phone: (262) 544-5404 Fax: (920) 687-1122 Fax: (800) 261-0383 Account: City of Oconto Falls Date: 11-13-2024 / OPP# 4987-1 Name: Wally Remic Email: Address: 500 N. Chestnut Phone: (920) 846-4513 Oconto Falls WI, 54154 Note: Page 1 of 1 ** Sales Quotation ** 1. Camion THV0600 Storage Tank A. 6,500 actual gallons each B. 1.9 specific gravity tank C. High Density Gray Polyethylene with U.V. inhibitors D. Two Stainless Steel Bolted bungs for leak free install E. Bungs offset 45 degrees from each other F. 16” manway with vented cover G. Molded horizontal ribs to prevent deforming over time H. Size: 110”D X 179”H I. Weight 1,430 LBS J. Bulkheads only no fittings K. Visual sight gauge tube L. 10 year warranty M. Flat bottom dome top N. Tie down points O. 3” male pipe to 3” camlock ball valve P. 3” cap Q. 3” to 2” reducer bushing R. 2” male pipe to male camlock ball valve S. 2” female cap T. Furnish only Total: $12,100.00 Deposit Required: $3,025.00 Estimated Chassis Arrival Date: N/A Estimated Equipment Arrival Date: 8 Weeks from Deposit All Sales Tax and FET Tax will be added Submitted by: Sam Stein Quote firm 30 days Terms: Net 30 Unless previously arranged, for quotes in excess of $5,000.00 Casper’s requests 25% payment upon approval / purchase order. By signing below, I agree that I have read, understood, and will comply with the terms of this quote. Quote accepted by: ___________________________________________ Title: ___________________________ Date Accepted: _____________________ PO# ______________________ Thank You for the opportunity to submit our quote for your consideration Appleton Milwaukee 700 Randolph Drive 12655 W. Silver Spring Rd Appleton, WI 54913 Butler, WI 53007 Phone: (920) 687-1111 Phone: (262) 544-5404 Fax: (920) 687-1122 Fax: (800) 261-0383 Account: City of Oconto Falls Date: 11-13-2024 / OPP# 4987-1 #2 Name: Wally Remic Email: Address: 500 N. Chestnut Phone: (920) 846-4513 Oconto Falls WI, 54154 Note: