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V illage of Hobart – www.hobartwi.gov Village Office - 2990 South Pine Tree Road, Hobart, WI Notice is hereby given according to State Statutes that the VILLAGE BOARD of the Village of Hobart will meet on Tuesday December 2nd 2025 at 6:00 P.M. at the Village Office (2990 South Pine Tree Road). NOTICE OF POSTING: Posted this 26th day of November, 2025 at the Hobart Village Office and on the village website. MEETING NOTICE – VILLAGE BOARD (Regular) Date/Time: Tuesday December 2nd 2025 (6:00 P.M.) Location: Hobart Village Office (2990 South Pine Tree Road) Village Board of Trustees: Richard Heidel (President), David Dillenburg, Vanya Koepke, Tammy Zittlow, Melissa Tanke ROUTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call. 2. Certification of the open meeting law agenda requirements and approval of the agenda 3. Pledge of Allegiance 4. PUBLIC HEARINGS 5. CONSENT AGENDA (These items may be approved on a single motion and vote due to their routine nature or previous discussion. Please indicate to the Board President if you would prefer separate discussion and action.) A. Payment of Invoices (Page 3); B. VILLAGE BOARD: Minutes of November 18th 2025 (Regular) (Page 6); C. PLANNING AND ZONING COMMISSION: Minutes of October 6th 2025 (Page 10) 6. ITEMS REMOVED FROM CONSENT AGENDA 7. CITIZENS’ COMMENTS/RESOLUTIONS/PRESENTATIONS (Please limit citizens’ comments to no more than three minutes) 8. VILLAGE ADMINISTRATOR’S REPORT/COMMUNICATIONS 9. COMMITTEE REPORTS AND ACTIONS 10. OLD BUSINESS A. DISCUSSION AND ACTION – Wholesale Water Service Agreement between the City of Green Bay, the Village of Hobart and the Village of Pulaski (Page 12) Under this agreement, Green Bay would sell potable water to Pulaski through the Green Bay Water Utility, via Hobart. The water utility in Hobart would receive $0.50 per thousand gallons sold to Pulaski, resulting in an estimated $50- 60,000 per year in revenue for the utility. 11. NEW BUSINESS A. DISCUSSION AND ACTION – Purchase of two (2) thermal imaging cameras for the Fire Department (Page 60) Staff is requesting approval to purchase two FLIR Thermal Imaging Cameras from Fire Safety USA (Rochester, MN) for $9,988.00. B. DISCUSSION AND ACTION – Purchase of Fire Hose and Fire Hose Rollers for the Fire Department (Page 62) PAGE 1 S taff is requesting the Board approve the purchase of 1,700 feet of fire hose and two (2) fire hose rollers from Conway Shields for $6,795. C. DISCUSSION AND ACTION – Purchase of UTV Trailer for the Fire Department (Page 65) Staff is requesting the purchase of an 8.5’x16’ trailer from Mirsberger Sales and Service (Hilbert, WI) for $11,819.23, and the purchase of a 6x12 trailer from Badger Trailer and Power (Fond du Lac, WI) for $4,995. D. DISCUSSION AND ACTION – Purchase of Snowplow Chassis for the Public Works Department (Page 69) Staff is requesting the purchase of a 2027 Freightliner 114SD Chassis from Truck City of Wisconsin (Kaukauna, WI) for $131,900.00. E. DISCUSSION AND ACTION – Approval of Job Description for Administrative Assistant and Posting of Position (Page 94) This position was approved as part of the 2026 budget process. It serves as a vital support role, acting as the first point of contact for residents and visitors. The role requires a high level of confidentiality, initiative, independent judgment, and attention to detail. Duties are carried out under the general supervision of the Village Clerk, who also conducts performance evaluations. This is a part-time position requiring 20 hours per week during regular office hours. Additional hours may be required to attend official meetings and to assist with election duties and/or tax collection. F. DISCUSSION AND ACTION – 3 Year Service Agreement with Primadata (Page 97) This contract is for the printing and mailing of our utility bills. The new agreement will cost slightly more than the current arrangement we have with Bayside Printing and Primadata, but we anticipate that as more residents go to online billing, the overall cost will decrease. G. DISCUSSION AND ACTION – To Establish a Public Hearing to Consider the Rezoning of parcel HB -554 from R-2-R: Rural Residential District to R-2: Residential District Staff requests that the Public Hearing be held at the January 6 th 2026 Village Board meeting. H. DISCUSSION - Items for future agenda consideration or Committee assignment I. ADJOURN to CLOSED SESSION: 1. Under Wisconsin State Statute 19.85 (1) (g): Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. RE: Tribal Affairs; Potential Litigation J. CONVENE into open session K. ACTION from closed session 12. ADJOURN ____________________________ Aaron Kramer, Village Administrator UPCOMING BOARD MEETINGS Tuesday December 16th 2025 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) Tuesday January 6th 2026 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) Tuesday January 20th 2026 (6:00 PM) – Regular Board Meeting at Village Office (2990 South Pine Tree Road) NOTE: Page numbers refer to the meeting packet. All agenda s and minutes of Village meetings are online: www.hobartwi. gov. Any person wishing to attend, who, because of their disability, requires special accommodation, should contact the Village Clerk’s office at 920-869-1011 with as much advanced notice as possible. Notice is hereby given that action by the Board may be considered and taken on any of the items described or listed in this agenda. There may be Board members attending this meeting by telephone if necessary. PAGE 2 Check Register - Quick Report - Regular 110:01 AM ACCTALL Checks ALL BANK ACCOUNTS Dated From: Thru Account:Thru: 12/02/2025 ______________________________________________________________________________________Check Nbr Check Date Payee Amount From Account:12/02/2025 11/26/2025 Page: 475.5870615 ASHWAUBENON AUTO REPAIR LLC SQUAD 187 SPARK PLUGS/COIL & AIR FILTER 12/02/2025 206.2270616 BAY VERTE MACHINERY INC VOLVO LOADER REPAIR 12/02/2025 11,619.5470617 BROWN COUNTY PORT & RESOURCE RECOVERY REFUSE & RECYCLING OCTOBER 12/02/2025 11,726.6570618 DAVE'S AUTO BODY INC 2020CHEV VIN#68364 & 2023 FORD VIN#74566 12/02/2025 105.0070619 DIVERSIFIED BENEFIT SERVICES INC NOVEMBER 125-FSA ADMINISTRATIVE SERVICES 12/02/2025 602.0970620 EAGLE ENGRAVING INC FIRE DEPARTMENT 12/02/2025 3,085.0070621 FAIR MARKET ASSESSMENTS ASSESSMENT SERVICES 2025 12/02/2025 861.5470622 GAT SUPPLY INC MULTIPLE INVOICES - PLOW MARKERS 12/02/2025 79,838.0970623 GREEN BAY METROPOLITAN SEWERAGE DISTRICT SEWERAGE TREATMENT OCTOBER 12/02/2025 2,762.8170624 HAWKINS INC MULTIPLE INVOICES 12/02/2025 5,885.0070625 JOE DENOBLE SEWER & WATER CONSTRUCTION INC NORTH LEAR LANE RETENTION POND 12/02/2025 6,054.7970626 LEAGUE OF WISCONSIN MUNICIPALITIES MEMBERSHIP DUES 2026 12/02/2025 73,393.2070627 MC EXCAVATING 2025 FOUNDERS TERRACE EXT 2320-25-05 12/02/2025 20.0070628 MICHELLE SEIDL REIMBURSEMENT DISTRICT 7 MEETING 12/02/2025 34.1670629 MULTI MEDIA CHANNELS LLC LEGAL AD ORD 2025-12 12/02/2025 100.7170630 NORTHEAST ASPHALT INC STONE 12/02/2025 331.1070631 PACKER CITY INTERNATIONAL TRUCKS INC TRUCK 302 MAINTENANCE 12/02/2025 92.0070632 PLB ELECTRICAL SERVICES REFUND PERMIT FEE - ERROR -HOWARD PERMIT 12/02/2025 1,373.3470633 PLB ELECTRICAL SERVICES REPLACE DAMAGED WIRES & PVC PIPE 12/02/2025 PAGE 3 Check Register - Quick Report - Regular 210:01 AM ACCTALL Checks ALL BANK ACCOUNTS Dated From: Thru Account:Thru: 12/02/2025 ______________________________________________________________________________________Check Nbr Check Date Payee Amount From Account:12/02/2025 11/26/2025 Page: 461.7370634 RENARD CATERING DISTRIC MEETING CATERING 12/02/2025 15.1870635 TRUCK EQUIPMENT INC TRUCK #302 - ADAPTERS AND CLAMPS 12/02/2025 537.4070636 UNIFORM SHOPPE UNIFORM 12/02/2025 75.0070637 VORPAHL FIRE & SAFETY ONSITE DRY CHEMICAL FIRE EXTINGUISHER 12/02/2025 500.0070638 WI HUMANE SOCIETY ANIMAL IMPOUND SERVICES FOR OCTOBER 2025 12/02/2025 200,156.13Grand Total PAGE 4 Check Register - Quick Report - Regular 310:01 AM ACCTALL Checks ALL BANK ACCOUNTS Dated From: Thru Account:Thru: 12/02/2025 ______________________________________________________________________________________ Amount From Account:12/02/2025 11/26/2025 Page: 25,449.67Total Expenditure from Fund # 001 - General Fund 2,762.81Total Expenditure from Fund # 002 - Water Fund 79,838.09Total Expenditure from Fund # 003 - Sanitary Sewer Fund 7,092.82Total Expenditure from Fund # 007 - Storm Water Fund 73,393.20Total Expenditure from Fund # 008 - TID #1 Fund 11,619.54Total Expenditure from Fund # 014 - Garbage & Recycling Program 200,156.13Total Expenditure from all Funds PAGE 5 Vi llage of Hobart Village Office 2990 S. Pine Tree Rd, Hobart, WI 54155 www.hobartwi.gov - www.buildinhobart.com MEETING MINUTES – VILLAGE BOARD (Regular) Date/Time: Tuesday November 18th 2025 (6:00 P.M.) Location: Hobart Village Office (2990 South Pine Tree Road) RO UTINE ITEMS TO BE ACTED UPON: 1. Call to order/Roll Call. T he meeting was called to order by Rich Heidel at 6:0 1 pm. Dave Dillenburg, Vanya Koepke, Melissa Tanke, Tammy Zittlow, and Rich Heidel were present. 2. Certification of the open meeting law agenda requirements and approval of the agenda - ACTION: To certify the open meeting law agenda requirements and approve the agenda. Note on 7.A. the amount is not $4,784,76 but $4,784.76. MOTION: Koepke SECOND: Z ittlow. VOICE VOTE: 5-0. 3. P ledge of Allegiance - Those present recited the Pledge of Allegiance. 4 . P UBLIC HEARINGS A. PUBLIC HEARING – To consider the FY2026 General Fund, Capital Projects and Debt Service Funds T he proposed budget calls for a tax levy of $3,813,462.58 (an increase of 5.5 percent over the 2025 levy), resulting in a $0.15 increase in the mill rate (3.9 percent). P resident Heidel opened the Public Hearing 6:03 PM. A ppearing before the Board: No one spoke. P resident Heidel closed the Public Hearing 6:19 PM. B . A CTION on aforesaid agenda item – Resolution 2025 -08 ( A RESOLUTION ADOPTING THE 2026 VILLAGE OPERATING BUDGET, THE PROPERTY TAX LEVY, THE 2026 REFUSE AND RECYCLING SPECIAL CHARGES, AND THE 2026 STORMWATER MANAGEMENT UTILITY CHARGES) This resolution will set the general property tax levy in the amount of $3,813,462.58 for Village operations, and an overall levy o f $ 5,392,459.14 including tax increment districts. The resolution also establishes the Refuse and Recycling fee of $216.00 ($18.00 per month) for a 96 -gallon refuse bin and $195.00 ($16.25 per month) for a 65 -gallon refuse bin per residential unit, as well as the 2 026 Storm Water Management Utility Special Charges - $77.00/Equivalent Residential Unit (“ERU”). A CTION: To approve Resolution 2025-08 (A RESOLUTION ADOPTING THE 2026 VILLAGE OPERATING BUDGET, THE PROPERTY TAX LEVY, THE 2026 REFUSE AND RECYCLING SPECIAL CHARGES, AND THE 2026 STORMWATER MANAGEMENT UTILITY CHARGES) with the change in Storm Water Management Utility Special Charges of $77.00/ER U to $73.50/ERU. MOTION: Tanke SECOND: Zittlow. ROLL CALL VOTE: 5-0. 5 . CO NSENT AGENDA (These items may be approved on a single motion and vote due to their routine nature or previous discussion. Please indicate to the Board President if you would prefer separate discussion and action.) A. Payment of Invoices; B. VILLAGE BOARD: Minutes of November 4th 2025 (Regular) and November 11th 2025 (Special) PAGE 6 A CTION: To approve the Consent Agenda as presented including all manual checks. MOTION: Koepke SECOND: Heidel. VOICE VOTE: 5-0. 6. ITEMS REMOVED FROM CONSENT AGENDA – None. 7. CITIZENS’ COMMENTS/RESOLUTIONS/PRESENTATIONS (Please limit citizens’ comments to no more than three minutes) Appearing before the Board: Leroy Schlorf, Jr. 1416 Riverdale Dr. A. DISCUSSION AND ACTION – Resolution 2025-09 (A RESOLUTION AUTHORIZING THE VILLAGE TREASURER TO WRITE OFF OLD UNCOLLECTIBLE ACCOUNTS RECEIVABLE) This resolution will remove $4,784.76 from the Village’s accounting system due to a variety of reasons. ACTION: To approve Resolution 2025- 09 (A RESOLUTION AUTHORIZING THE VILLAGE TREASURER TO WRITE OFF OLD UNCOLLECTIBLE ACCOUNTS RECEIVABLE) as presented. MOTION: Heidel SECOND: Koepke. VOICE VOTE: 5-0. B. DISCUSSION AND ACTION – Swearing in of Hobart-Lawrence Police Officer Brandon Miller. Officer Miller was sworn in by Village Treasurer Bell. C. PRESENTATION – Hobart-Lawrence Police Department Awards Chief Renkas recognized Captain Crocker, Investigator Van Lanen, and Officer Peterson. D. PRESENTATION – Hobart-Lawrence Police Department Career Development Program The program was implemented in late 2024.Chief Renkas recognized Lieutenant Radloff, Master S ergeant Van Lanen, Sergeant Schroeder, Sergeant Treml, Corporal Cambry, Corporal Manning, and Corporal Peterson. ACTION: To take a 15-minute recess at 6:49 PM. MOTION: Heidel SECOND: Koepke. VOICE VOTE: 5-0. The meeting was reconvened at 7:01 PM by Rich Heidel. 8. VILLAGE ADMINISTRATOR’S REPORT/COMMUNICATIONS A. INFORMATIONAL Administrator Kramer presented the following: 1. October 2025 Village Investment Report 2. October 2025 Village Bank Balance Report 3. October 2025 Budget - General Fund, Debt Service, Capital Projects No other committee meetings for November. The Site Review Committee will meet in December. The Parks & Recreation Committee will meet in December. The Planning & Zoning Commission will meet in December. Thanksgiving holiday is coming up; our offices will be closed next Thursday and Friday. The road project on N. Overland is complete. 9. COMMITTEE REPORTS AND ACTIONS The Halo’s meeting was held today by the Village of Hobart. PAGE 7 1 0. OLD BUSINESS – None. 11. NEW BUSINESS A. DISCUSSION AND ACTION – Approval of Memorandum of Understanding with United States Capitol Police This MOU would make the Hobart-Lawrence Police Department eligible for reimbursement of staff time and resources when requested to provide such services at federally related events in Hobart and Lawrence. ACTION: To approve the Memorandum of Understanding with United States Capitol Police as presented. MOTION: Dillenburg SECOND: Tanke. VOICE VOTE: 5-0. B. DISCUSSION AND ACTION - ORDINANCE 2025 -12 (AN ORDINANCE TO AMEND SECTION 4 (PUBLIC NUISANCES AFFECTING PEACE AND SAFETY) OF CHAPTER 207 (NUISANCES) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) The purpose of this Ordinance is to add language to the Nuisance section of the Municipal Code that prohibits projecting or r eflecting objectionable light onto a public roadway or walkway or any neighboring use or property and would prohibit directional lighting from being directly aimed at neighboring properties. ACTION: To approve ORDINANCE 2025-12 (AN ORDINANCE TO AMEND SECTION 4 (PUBLIC NUISANCES AFFECTING PEACE AND SAFETY) OF CHAPTER 207 (NUISANCES) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) as presented. MOTION: Tanke SECOND: Dillenburg. VOICE VOTE: 5-0. C. DISCUSSION AND ACTION – To Establish a Public Hearing on Ordinance 2025 -12 (AN ORDINANCE TO REPEAL AND RECREATE ARTICLE XXXII (TELECOMMUNICATIONS ANTENNAS AND TOWERS) OF CHAPTER 295 (ZONING) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) Staff would request that the Public Hearing be held at the December 16 th Village Board meeting. The Planning and Zoning Commission will review the Ordinance in December and make a recommendation to the Village Board. ACTION: To direct staff to schedule a Public Hearing on Ordinance 2025-13 (AN ORDINANCE TO REPEAL AND RECREATE ARTICLE XXXII (TELECOMMUNICATIONS ANTENNAS AND TOWERS) OF CHAPTER 295 (ZONING) OF THE MUNICIPAL CODE OF THE VILLAGE OF HOBART, BROWN COUNTY, WISCONSIN) to be held during the December 16, 2025 Village Board Meeting. MOTION: Dillenburg SECOND: Tanke. VOICE VOTE: 5-0. D. DISCUSSION - Items for future agenda consideration or Committee assignment Final budget numbers for Storm Water, Water, TIDS, and Sanitary Sewer will be done in December. The Hobart-Lawrence Police Department 5-year Strategic Plan should be presented in December. ACTION: To recess prior to going into closed session (7:21 PM). MOTION: Heidel SECOND: Koepke. VOICE VOTE: 5-0. E. ADJOURN to CLOSED SESSION (7:43 PM): ACTION: To go into closed session 1) Under Wisconsin State Statute 19.85 (1) (c): Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility RE: Personnel (Municipal Court Attorney), 2) Under Wisconsin State Statute 19.85 (1) (e): Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session RE: Sale or Purchase of Property/TID Projects/Development Agreements, and 3) Under Wisconsin State Statute 19.85 (1) (g): Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. RE: Tribal Affairs; Potential Litigation MOTION: Heidel SECOND: Zittlow ROLL CALL VOTE: 5-0. PAGE 8 F. CONVENE into open session (8:45 PM) – MOTION: Dillenburg SECOND: Heidel ROLL CALL VOTE: 5-0. G. ACTION from closed session – ACTION: To approve the contract with Samantha Downey for prosecution services for the Hobart- Lawrence Municipal Court and authorize Village Administrator Aaron Kramer to sign the contract MOTION: Heidel SECOND: Tanke VOICE VOTE: 5-0. 12. ADJOURN (8:47 PM) – MOTION: Zittlow SECOND: Koepke VOICE VOTE: 5-0. PAGE 9 PLANNING AND ZONING COMMISSION MINUTES – OCTOBER 6TH 2025 Village of Hobart Planning & Zoning Commission Minutes Hobart Village Office; 2990 S. Pine Tree Rd, Hobart, WI Monday, October 6, 2025 – 5:30 pm 1. Call to order/Roll Call – The meeting was called to order by Rich Heidel at 5:34 pm. Jeff Ambrosius, Tom Dennee, David Johnson, Bob Ross , Melissa Tanke, and Rich Heidel were present. Excused: John Rather. 2. Certification of the open meeting law agenda requirements and approval of the agenda – ACTION: To certify the open meeting law agenda requirements and approve the agenda. MOTION: Dennee SECOND: Roth. VOICE VOTE: 6-0. 3. Approval of Minutes of the September 8, 2025 meeting – ACTION: To approve the Minutes of the September 8, 2025 meeting as presented. MOTION: Tanke SECOND: Johnson. VOICE VOTE: 6-0. 4. Public Comment on Non-Agenda Items – None. ACTION ITEMS 5. DISCUSSION AND ACTION – Quarry operations renewal at existing quarry located at 361 Orlando Drive Prior the renewal of the Non-Metallic Mining Annual Operation Permit, the Village Planning & Zoning Commission is requesting th at the operators of the existing quarry located at 361 Orlando Dr. be present to have general discussions and provide an update on pas t and current quarry operations. Matt Matuszak, NEA, addressed the commission regarding the renewal of quarry operations. ACTION: To suspend the rules of regular meeting order. MOTION: Heidel SECOND: Tanke. VOICE VOTE: 6-0. Appearing before the Commission: Jeff Goffard, 644 Majestic Oak Ct ACTION: To return to the rules of regular meeting order. MOTION: Heidel SECOND: Dennee. VOICE VOTE: 6-0. Discussion points:  Dust suppression  Backup alarms  Seismic readings in neighboring parcels  Bench size ACTION: To approve renewal of the Non-Metallic Mining Annual Oper ation Permit for the existing quarry located at 361 Orlando Dr ive. MOTION: Dennee SECOND: Johnson. VOICE VOTE: 6-0. 6. DISCUSSION AND ACTION – Certified Survey Map (CSM), 600 block of Centerline Drive (HB-523-7, HB-523-2, and part of HB- 525-2) The property owner of parcels HB-523-7, HB-523-2, and part of HB-525-2, located in the 600 Block of Centerline Dr., is proposing a two lot CSM combining 3 parcels into two parcels of 1.910 and 3.465 acres, with 1 Outlot of 0.669 acres along Centerline Dr. betwee n Founders Terrace and Larsen Orchard Parkway. The existing parcel is currently zoned PDD#1: Centennial Centre at Hobart District and the proposed CSM would create two new lots that maintain compliance with Village Code requirements relating to lot size and lot width PAGE 10 PLANNING AND ZONING COMMISSION MINUTES – OCTOBER 6TH 2025 ACTION: To approve both the preliminary and Final Certified Surv ey Map (CSM), 600 block of Centerline Drive (HB-523-7, HB-523-2 , and part of HB-525-2) should there be no adjustments to the final CSM. MOTION: Ross SECOND: Ambrosius. VOICE VOTE: 6-0. 7. ADJOURN(6:32 pm)– MOTION: Ambrosius SECOND: Johnson. VOICE VOTE: 6-0. Respectfully submitted by Lisa Vanden Heuvel, Village Clerk PAGE 11 ____________________________________________________________________ WHOLESALE WATER SERVICE AGREEMENT BY AND BETWEEN THE CITY OF GREEN BAY, THE VILLAGE OF HOBART AND THE VILLAGE OF PULASKI __________________________________________________________________ Dated: ____________________________ PAGE 12 -i- TABLE OF CONTENTS PREAMBLE ……………………………………………………..…………………. 1 ARTICLE I Definitions Section 1.1 Definitions ………………………………………………………..….. 2 Section 1.2 Use of Phrases; Rule s of Construction ………………………………. 7 ARTICLE II Water Supply Section 2.1 Agreement to Sell …………………………………………………. 7 Section 2.2 Agreement to Purchase ……………………………………………. 7 Section 2.3 Additional Potable Water …………………………………………. 7 Section 2.4 Emergency or Maintenan ce Shut-Off ……………………………. 8 Section 2.5 Curtailment ……………………………………………………….. 8 ARTICLE III Delivery of Water Section 3.1 Points of Delivery ………………………………………………… 8 Section 3.2 Green Bay Facilities Up To Green Bay/Hobart Point of Delivery …………………………………………………………… 9 Section 3.3 Pulaski Facilities From Hobar t/ Pulaski Point of Delivery………… 9 Section 3.4 Pressure …………………………………………………………… 9 ARTICLE IV Measurement of Water Section 4.1 Measurement by Meters …………………………………………. 9 Section 4.2 Ownership of Meters ……………………………………………. 9 Section 4.3 Location of Metering Points …………………………………….. 9 Section 4.4 Ownership of Metering Structures ……………………………… 10 Section 4.5 Records of Mete r Reading ..……………………………………… 10 Section 4.6 Meter Inspection by Pulaski …….………….…………………… 10 Section 4.7 Calibration ..……………………………………………………… 10 Section 4.8 Check Meter ………………………………………………..……. 10 Section 4.9 Meter Malfunctions …..………………………………………… 10 Section 4.10 Adjustment of Charges Due to Meter Malfunction ……………… 11 Section 4.11 Unit of Measurement ……………………………..……………… 12 PAGE 13 -ii- ARTICLE V Construction or Acquisition of Facilities Section 5.1 Interconnection Faci lities Plans ....………………………………… 12 Section 5.2 Construction of Interconnection Facilities ……………………….. 12 Section 5.3 Connection of Pulaski Waterworks System to Green Bay Waterworks System …………………………………………….… 12 Section 5.4 After Connection ……………………………………………….…. 12 ARTICLE VI Capital Projects; Additional Potable Water; Unexpected Investments; Future Capital Projects Section 6.1 Additional Potable Water Volumes ……………………………… 13 Section 6.2 Unanticipated Growth ……………………………………………. 14 Section 6.3 Other Unanticipated Events ……………………………………… 15 Section 6.4 Post-Term Service ……………………………………………….. 15 Section 6.5 Future Capital Projects …………………………………………… 15 ARTICLE VII Prices and Terms of Payment Section 7.1 Measured Consumption …………………………………………. 16 Section 7.2 Cost of Water Generally …………………………………………. 16 Section 7.3 Wholesale Potable Water Rate ……………………………...…… 16 Section 7.4 Rate Application ………………………………………………… 16 Section 7.5 Hobart Water C onveyance Charge ……………………………… 16 Section 7.6 PSC Set Rate Beginning 2046 ……………………………...…... 16 ARTICLE VIII Commencement of Service and Billing Section 8.1 Commencement of Service ……………………………………… 17 Section 8.2 Bills and Due Date ………………………………………………. 17 Section 8.3 Disputed Invoices ……………………………………………..… 18 Section 8.4 Default; Interest on Overdue Payments ……………………….… 18 ARTICLE IX Covenants of Green Bay Section 9.1 Limitation on Service .………………………………………..… 19 Section 9.2 Prudent Utility Practice ..……………………………………..… 19 PAGE 14 -iii- ARTICLE X Covenants of Hobart Section 10.1 Limitations on Service …………………………………….…… 19 Section 10.2 Prudent Utility Practice ………………………………………… 19 ARTICLE XI Covenants of Pulaski Section 11.1 Exclusive Service …….………………………..……………… 19 Section 11.2 Limited Service ………...……………………………………… 20 Section 11.3 Service Area Expansions ……………………………………… 20 Section 11.4 Unexpected Agreement Termination …………………………. 20 Section 11.5 Limited Participation in PSC Proceedings ………………....…. 20 Section 11.6 Pulaski Budget Consideration ……...……………….…….…… 21 Section 11.7 Pulaski to Maintain Its Utility Obligation ………….………..… 21 Section 11.8 Certain Pulaski Actions ……………………………….………. 21 Section 11.9 Agreement to Abide by Rules and Regulations ……………… 22 Section 11.10 Prudent Utility Practice ………………………….…………… 22 ARTICLE XII Defaults; Force Majeure Section 12.1 Green Bay Defaults ……………………………….…………… 22 Section 12.2 Hobart Defaults ……………………………………………… 22 Section 12.3 Pulaski Defaults ……………………………….……………….. 23 Section 12.4 Force Majeure ………………………………………………..… 23 ARTCICLE XIII Risk of Loss and Indemnification Section 13.1 Risk of Loss by Pulaski ………………………….………..…… 24 Section 13.2 Risk of Loss by Green Bay ….……………………………….… 24 Section 13.3 Indemnification by Pulaski …………………………………….. 24 Section 13.4 Indemnificati on by Green Bay .………………………………… 25 Section 13.5 Indemnificati on by Hobart …………..………………………… 25 Section 13.6 Indemnifi cation by Parties..……………………………….….… 25 Section 13.7 Not Employees ……………………………………………….… 25 Section 13.8 Notice and Participation …………………………………….…. 26 Section 13.9 Net Amount ……………………………………………….…… 27 Section 13.10 Assertion of Claims ……………………………………….…… 27 Section 13.11 No Release of Insurers ………………………………………… 27 Section 13.12 Survival of Obligations ………………………………………... 27 Section 13.13 Limitation of Liability ………………………...………………. 27 PAGE 15 -iv- ARTICLE XIV Dispute Resolution Section 14.1 Dispute Resolution …..………………………………………... 28 Section 14.2 Notice of Disput e and Initial Meeting ……………………..….. 28 Section 14.3 Mediation …………………………………………………..…. 28 Section 14.4 Mediation Costs …………………………………………..…... 29 Section 14.5 Attorneys Fees ………………………………………………... 29 ARTICLE XV Notices Section 15.1 Requirement for Notices ..…………………………………… 30 Section 15.2 Notices Deemed Delivered ..……………………………….… 30 Section 15.3 Change of Address ………….…………………………….…. 31 ARTICLE XVI Representations and Warranties; Opinions; Cooperation Section 16.1 Representations a nd Warranties of Pulaski ……….……….… 31 Section 16.2 Representations and Warranties of Green Bay ..………….…. 32 Section 16.3 Representations and Warranties of Hobart ………………….. 33 Section 16.4 Opinions as to Validity ………………..………………….…. 34 Section 16.5 Mutual Cooperation ..……………………………………..…. 34 Section 16.6 Cooperation in Construction …..………………………….…. 34 ARTICLE XVII Governmental Authority Approvals Section 17.1 PSC Approval and Declarat ion of Agreement as Reasonable and Prudent………………………………………..……………..… 35 Section 17.2 Governmental Authority Appr ovals for Green Bay ………….. 35 Section 17.3 Governmental Authority Appr ovals for Hobart ………………. 35 Section 17.4 Governmental Authority A pprovals for Pulaski ……………… 36 Section 17.5 Later Governmental Approvals ………………………….…… 36 ARTICLE XVIII Effective Date; Term of Contract; Termination Section 18.1 Effective Date ………………..………………………………… 36 Section 18.2 Term of Contract …………………………………..…………... 36 Section 18.3 Automatic Renewal of Term …………………………….……. 37 PAGE 16 -v- ARTICLE XIX Miscellaneous Provisions Section 19.1 Governing Law and Venue …………………………………… 37 Section 19.2 Regulatory Bodies ……………………………………………. 37 Section 19.3 Compliance with Laws and Orders …………………………… 37 Section 19.4 Lack of Severability in Abse nce of Written Amendment ..…… 38 Section 19.5 Changes in Laws ……………………………………………… 38 Section 19.6 Entire Agreement ……………………………………………… 38 Section 19.7 Accounting and Audit ………………………………………… 38 Section 19.8 Interpretation ……………………………………………..…… 38 Section 19.9 Headings ……………………………………………………… 38 Section 19.10 Attachments …………………………………………………… 38 Section 19.11 No Third Party Beneficiaries ………………………………….. 37 Section 19.12 Successors ……………………………………………………... 39 Section 19.13 Further Action ………………………………………………… 39 Section 19.14 Amendments ……………………………………………….….. 39 Section 19.15 Time of the Essence …………………………………………… 39 Section 19.16 Execution in C ounterparts ………………………………...…… 39 ATTACHMENT “A” PAGE 17 -1- WHOLESALE WATER SERVICE AGREEMENT BY, BETWEEN AND AMONG THE CITY OF GREEN BAY, THE VILLAGE OF HOBART AND THE VILLAGE OF PULASKI THIS WHOLESALE WATE R SERVICE AGREEMENT is made and entered into this ______ day of ______________, 20___, by, be tween and among the CITY OF GREEN BAY, WISCONSIN (“Green Bay”), a local governmental unit and political subdivision and body public and corporate of the State of Wisconsin, the GREEN BAY WATER UTILITY; the VILLAGE OF HOBART, WISCONSIN a local governmental unit and political subdivision and body public an d corporate of the State of Wisconsin (“Hobart”); and, the VILLAGE OF PULASK I, WISCONSIN (“Pulaski”), a local governmental unit and political subdivision an d body public and corporate of the State of Wisconsin. WHEREAS, Green Bay is the owner of a munici pal waterworks system that treats Lake Michigan water for distribution to its retail customers within the Green Bay City limits; and WHEREAS, Hobart is the owner of a municipal waterworks sy stem that is a wholesale customer of the Green Bay Water Utility; and WHEREAS, Pulaski is the owner of a munici pal waterworks system that uses water withdrawn from its municipal wells for distribution to its retail customers; and WHEREAS, Pulaski desires to purchase wate r from Green Bay at wholesale to satisfy the potable water needs of its customers and to meet safe drinking water standards on a long-term basis; and WHEREAS, Green Bay, through the Green Bay Water Utility, has the capability to provide potable water to Pulaski through an interconnection with Hobart; and WHEREAS, Green Bay is willing to sell potable water to Pulaski through the Green Bay Water Utility at wholesale subject to the terms and conditi ons set forth herein below; and PAGE 18 -2- WHEREAS, Hobart is willing to transport po table water from Green Bay through its waterworks system for delivery to Pulask i subject to the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the foregoi ng recitals and of the mutual covenants and agreements contained herein, the parties agree as follows: ARTICLE I DEFINITIONS Section 1.1 DEFINITIONS. The following words and phrases shall have the following meanings when used in this Cont ract, unless the contex t clearly indicates a different meaning is intended. (a) “Agreement” shall mean this Wholesale Water Purchase Agreement, including all attachments hereto, and any amendments that may be made from time to time by a written instrument executed by both Parties. (b) “Associated Party” shall mean any officer, elected or appointed official, director, trustee, fiduciary, em ployee, agent, affiliate, re presentative, contractor or subcontractor of Green Bay, Hobart or Pulaski. (c) “Capital Project” shall mean any acquisi tion, construction and/or installation of the projects listed in ATTACHMENT “A”, including all future improvements or extensions, acquisition, construction, repair or replacement thereof, related to the Green Bay Waterwor ks System and expected to be necessary from time to time for the Green Bay Water Utility to deliver Potable Water to Pulaski as contemplated by this Agreement from the date service commences hereunder through December 31, 2045. (d) “Capital Project Costs” shall mean, with respect to a Capital Project, all costs of the Capital Project that will be incurred prior to January 1, 2046, including, but not limited to, costs of the acquisition of necessary lands, easements, and rights-of-way over lands and waters; costs in curred with respect to the acquisition, installation, erection, construction, rehabilitation, repair, replacement, retirement or decommissioning of faciliti es; financing costs, includi ng principal and interest payments on any bonds, notes or other evidences of indebtedness issued by Green Bay or the Green Bay Water Utility from time to time; and the costs; and costs of obtaining all necessary Governmental Authority approvals. (e) “DNR” means the Department of Natural Resources of the State of Wisconsin. PAGE 19 -3- (f) “Fiscal Year” shall mean the fiscal year of Green Bay Water Utility, which runs from January 1 through December 31. (g) “Force Majeure” shall mean acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; orders of any kind issued by a Governmental Authority; in surrections; riots; epidemic s; landslides; lightning; earthquakes; fires; hurri canes; storms; floods; was houts; droughts; arrests; restraints of government and people; civil disturbances; failure of facilities or equipment; environmental events impacti ng utility operations; and the orders or applicable regulations of a Governmental Authorit y, any other event or circumstance beyond the reasonable control of, and without the material fault or negligence of, the Party claiming Force Maje ure. With respect to Green Bay and the Green Bay Water Utility, Force Majeure shall include an unexpected loss or curtailment of its Lake Mi chigan water supply due to unexpected withdrawal limitations or other legal c onstraints. Force Majeure does not include lack of profitability or ot her financial considerations that would affect a Pa rty’s ability to pay for services provided hereunder. (h) “Future Capital Project” shall mean any acquisiti on, construction and/or installation of facilities, including all future improvements or extensions, acquisition, construction, repair or replace ment thereof, relate d to the Green Bay Waterworks System and necessary for th e Green Bay Water Utility to deliver Potable Water to the Village pursuant to this Agreement on or after December 31, 2045. (i) “Future Capital Project Costs” shall mean, with respect to a Future Capital Project, all costs of the Future Ca pital Project, that will be incurred after December 31, 2045, including, but not limited to, costs of the acquisition of necessary lands, easements, and rights-of-way over lands and waters; costs incurred with respect to the acquisition, installa tion, erection, construction, rehabilitation, repair, replacement, retirement or d ecommissioning of facilities; costs of investigating, studying, planning, engineering, and designing of facilities; financing costs, including principal and interest payments on any bonds, notes or other evidences of indebtedness issued by Green Bay or the Green Bay Water Utility from time to time; and costs of obtaini ng all necessary Governmental Authority approvals. (j) “Governmental Authority” shall mean any state or federal court, administrative or regulatory agency or commission, or other governmental entity or instrumentality, or any depart ment thereof, having jurisdiction or authority over all or any part of the subject matter of th is Contract. “Governmental Authority” does not include either of the Parties. (k) “Green Bay” shall mean the City of Green Bay, Wisconsin. PAGE 20 -4- (l) “Green Bay Customer” shall mean all Green Bay Retail Customers and all Green Bay Wholesale Customers, includi ng the Town of Scott, the Village of Ashwaubenon, the Village of Hobart and the Village of Wrightstown. (m) “Green Bay Retail Customer” shall mean any person or entity to which the Green Bay Water Utility sells Potable Water at retail, at any time during the term of this Agreement. (n) “Green Bay Water Utility” shall mean the City of Green Bay’s municipal water utility, a departmental unit of the City of Green Bay managed by the Green Bay Water Commission pursuant to Sec. 66.0805, Wis. Stats., which treats and provides Potable Water for sale and distribution to its re tail customers within the corporate municipal boundaries of the City of Green Bay limits and such wholesale customers as it is under contract to provide such service. (o) “Green Bay Waterworks System” shall mean all of the Green Bay Water Utility facilities, including land, easements, rights-of-way over lands and waters, pumping, storage and other facilities, the Green Bay Water Utility wells, mains and pipelines now or in the future acquired by lease, contract, purchase or otherwise or constructed by the Green Bay Water Utility and used for the purposes of providing and transmitting Potable Water to custom ers. “Green Bay Waterworks System” also includes all contract rights and othe r tangible and intangible assets of Green Bay or the Green Bay Water Utility used or useful in connection with or related to such facilities. “Green Bay Waterworks System” shall not include any properties or interest in properties of the Village or any properties or interest in properties of any other municipality. (p) “Green Bay Wholesale Customer” shall mean any entity to which the Green Bay Water Utility sells Potable Wat er at wholesale at any time during the term of this Agreement. (q) “ Green Bay’s Maximum Day Demand” shall mean Green Bay’s estimated maximum day demand for Potable Water of all Green Bay Customers, including the Town of Sco tt, the Village of Ashwaubenon, the Village of Hobart, the Village of Wrightstown and the Village of Pulaski. (r) “ Hobart” shall mean the Village of Hobart, Wisconsin (s) “ Hobart Waterworks System” shall mean all Hobart’s facilities, including land, easements, rights-of-way over lands an d waters, pumping, storage, and other facilities, its wells, mains and pipelines now or in the future acquired or controlled by lease, contract, purchase or otherwise or constructed by it and used for the purposes of providing and transmitting Potable Water within its municipal boundaries. The “Hobart Waterworks System” shall also include all contract rights PAGE 21 -5- and other tangible and intangible assets used or useful in connection with or related to such facilities. (t) “Indemnifiable Cost” shall mean any cost, expense, damage, fine, penalty, liability or other loss, including r easonable legal, accounting, consulting, engineering, investigatory, expert witness and other fees and expenses. (u) “Interconnection Facilities” shall mean all facilities, including mains, pipelines and related infrastructural appur tenances, including those of the Hobart Waterworks System, other municipal utilities, land, easements and right-of-ways between that Point of Delivery where the potable water to be delivered to Pulaski leaves the City of Green Bay and the Green Bay Waterworks System and that Point of Delivery where the potable water from the Green Bay Water Utility reaches the Pulaski Waterworks System. (v) “Metering Points” shall mean the point or points where Potable Water being delivered by the Green Bay Water Utility to Pulaski is measured. A “Metering Point” is one such point. (w) “Parties” shall mean Green Bay and the Green Bay Water Utility, as one municipal corporate entity, Hobart and Pulaski. (x) “Party” means, as the case may be, Gr een Bay or the Green Bay Water Utility, as one municipal corporate entity, Hobart or Pulaski. (y) “Point of Delivery” means the points where the Potable Water to be delivered by the Green Bay Water Utili ty to Pulaski leaves the Green Bay Waterworks System and enters the Interc onnection Facilities between the Green Bay Waterworks System and the Hobart Wa terworks System for transportation and delivery to the Pulaski Waterworks System, and where title and ownership of such Potable Water is transferred from the Green Bay Water Utility to Pulaski. A “Point of Delivery” is one such point. The Points of Delivery that are currently planned are identified in ATTACHMENT “A”, but may change over time as agreed to by the Parties in writing. (z) “Potable Water” means treated, water of a quality meeting or exceeding state and federal water quality standards, including applicable Safe Drinking Water Act requirements. The Green Bay Water Ut ility shall have absolute discretion to determine the extent to which Potable Water exceeds applicable water quality standards. (aa) “Prudent Utility Practice” shall mean any of th e practices, methods and acts which, in the exercise of reasonable judgment in the light of the facts (including, but not limited to, any practices, methods and acts engaged in or approved by a significant portion of the wa ter utility industry prior thereto) known PAGE 22 -6- at the time the decision was made, could have been expected to accomplish the desired result at reasonable cost consistent with reliability, safety and expediency. In applying the standard of Prudent Utility Practice to any matter under this Agreement, equitable consideration shall be given to the circumstances, requirements and obligations of each of the Parties, and there shall be taken into account the fact that Green Bay, Hobart, a nd Pulaski are political subdivisions of the State of Wisconsin with prescribed statutory powers, duties, responsibilities and limitations. Prudent Utility Practice is not intended to be limited to the optimum practice, method or act to th e exclusion of all others, bu t rather is a spectrum of possible practices, methods or acts which could have been expected to accomplish the desired result at reasonable cost consistent with reliability, safety and expediency. Prudent Utility Practice includes due regard for manufacturers’ warranties and the requirements of Governmental Authorities having jurisdiction. (bb) “PSC” shall mean the Public Service Commission of Wisconsin and any Governmental Authority successor thereto. (cc) “Pulaski” shall mean the Village of Pulaski, Wisconsin. (dd) “Pulaski Customer” shall, for purposes of this Agreement, mean all retail and wholesale water customers within the municipal boundari es of Pulaski as they exist on January 1, 2026 a nd those customers outsid e the Pulaski municipal boundaries who are under contract with Pulaski as of January 1, 2026. (ee) “Pulaski-Hobart Main ” shall mean the main pipe located between the Hobart/Pulaski Point of Delivery to the Village of Hobart municipal line as identified in ATTACHMENT “B”. (ff) “Pulaski’s Maximum Daily Water Demand” shall mean estimated maximum day demand for Potable Water necessary to serve the Pulaski Customers through December 31, 2045. (gg) “Pulaski Waterworks System” shall mean all Pulaski’s facilities, including land, easements, rights-of-way over lands and waters, pumping, storage, and other facilities, the Pulaski wells, ma ins and pipelines now or in the future acquired or controlled by lease, contract, purchase or otherwise or constructed by Pulaski and used for the purposes of pr oviding and transmitting Potable Water to Pulaski Customers. The “Pulaski Water works System” shall also include all contract rights and other tang ible and intangible assets of Pulaski used or useful in connection with or related to such faci lities. The “Pulaski Waterworks System” shall not include any properties or interest in properties of Green Bay, Hobart, or any properties or interest in properties of any other municipality but shall include the Pulaski-Hobart Main. PAGE 23 -7- (hh) “ Water Conveyance Charge ” shall mean the fee charged to Pulaski by Hobart for the transmission of Potabl e Water from the Green Bay Waterworks System to the Pulaski Waterworks System through the Hobart Waterworks System. Section 1.2 U SE OF PHRASES; RULES OF CONSTRUCTION. The following provisions shall be applied wherever appropriate herein: (a) “Herein”, “hereby”, “hereunder”, “hereof” and other equivalent words refer to this Agreement as an entirety and not solely to the particular portion of this Agreement in which such word is used. (b) The definitions set forth in Section 1.1 hereof shall be deemed applicable whether the words defined are used in the singular or plural. ARTICLE II WATER SUPPLY Section 2.1 A GREEMENT TO SELL. During the term of this Agreement subject to the terms and conditions set forth herein the Green Bay Water Utility shall make available for delivery and sale to Pulaski, through th e Hobart Waterworks System a volume of Potable Water equal to Pulaski’s Maximu m Day Water Demand. The Green Bay Water Utility’s obligation to deliver Potable Water to Pulaski hereunder shall be limited to a volume of Potable Water not to exceed Pula ski’s Maximum Day Water Demand except as otherwise contemplated by this Agreement. Section 2.2 A GREEMENT TO PURCHASE. Except as set forth in this Article and Section 11.3, Pulaski shall purchase and accept delivery from the Green Bay Water Utility through the Hobart Waterworks System a volu me of Potable Water equal to its actual demand for Potable Water to serve all Pulask i Customers; provided, however, that (i) the volume of Potable Water purchased by Pula ski hereunder shall not exceed Pulaski’s Maximum Day Water Demand as set forth in ATTACHMENT “A”, except as otherwise contemplated in the Agreement, and provided fu rther that (ii) Pulaski shall at all times purchase and accept delivery from the Green Ba y Water Utility of a volume of Potable Water equal to an average daily use per calendar year of Three Hundred Thousand (300,000) Gallons per day as set forth in ATTACHMENT “A”. Section 2.3 A DDITIONAL POTABLE WATER. Notwithstanding the provisions of Section 2.1 and Section 2.2, if Pulaski’s de mand for Potable Water to serve Pulaski Customers exceeds Pulaski’s Maximum Day Water Demand, the Green Bay Water Utility may provide additional Potable Water to Pulask i to the extent that Green Bay has Potable Water reasonably available and subject to all other terms and conditions of this Agreement, including without limitation the requirements of Sections 6.1, 6.2, 6.3 and 11.4. PAGE 24 -8- Section 2.4 E MERGENCY OR MAINTENANCE SHUT-OFF. The Green Bay Water Utility and the Hobart Waterworks System und ertake to use reasonable care and diligence, in accordance with Prudent Utili ty Practice, to provide Pulask i with a constant supply of Potable Water not to exceed Pulaski’s Max imum Day Water Demand during the term of this Agreement. However, the Green Bay Water Utility and/or Hobart reserve the right to temporarily shut off the Potable Water supply in one or more of its mains for emergency or maintenance purposes. Except in the event of a temporary emergency or maintenance shut off or Force Majeure, neither Green Bay nor Hobart shall shut down all Potable Water delivery to Pulaski hereunder. The Green Bay Water Utility and Hobart shall give Pulaski at least seven (7) days advance notice of a ny turn-off under this Section, except that in emergencies it shall give notice which is reas onable under the particular circumstances. During such emergency or maintenance period s, Pulaski may obtain water from another source to the extent that the Green Bay Water U tility is unable to deliver Potable Water as contemplated by this Agreem ent; provided, that Pulaski has installed all necessary backflow protection equipment at every Po int of Delivery, that Pulaski operates and maintains such equipment in accordance with Prudent Utility Practice, and that Pulaski resumes its purchase of Potable Water hereunder as soon as such emergency or maintenance period ends. Section 2.5 C URTAILMENT. If it becomes necessary for the Green Bay Water Utility to limit its delivery of Potable Water to Green Bay Customers or for Hobart to curtail water transmission hereunder, for any reason other than Force Majeure, the Parties will cooperate and use reasonable efforts to ensure that the level of curtailment with respect to Pulaski is proportionate to the level of curtailment with respect to other Green Bay Customers or Hobart Customers. As contemplated by Section 11.10, and among other necessary curtailments, Pulaski shall enforc e any street, lawn or garden sprinkling restrictions as imposed from ti me to time by the Green Bay Water Utility with respect to Green Bay Customers. During such periods of curtailment Pulask i may obtain Potable Water from another source to the extent that the Green Bay Water Utility is unable to deliver Potable Water as contemplated by th is Agreement; provided, that Pulaski has installed all necessary backflow protection equipment at every Point of Delivery, that Pulaski operates and maintains such equi pment in accordance with Prudent Utility Practice, and that Pulaski resumes its purchase of Potable Water hereunder as soon as such curtailment period ends. ARTICLE III DELIVERY OF WATER Section 3.1 P OINTS OF DELIVERY. The Green Bay Water Utility shall deliver Potable Water to Pulaski at the Points of Delivery identified in ATTACHMENT “A”. Title to all Potable Water supplied by the Gr een Bay Water Utility to Pulaski shall pass from the Green Bay Water Utility to Pulaski at the Green Bay/Hobart Points of Delivery, at which point Hobart shall be come responsible for any degradation in the quality of that Potable Water prior to it reaching the Hobart /Pulaski Point of Delivery. Pulaski shall PAGE 25 -9- become solely responsible for any degradation in the quality of the Potable Water and/or any change in such Potable Water affecti ng its compliance with any applicable water quality standards promulgated or established by any Governmental Authority, including without limitation any applicable Safe Drinking Water Act requirements at the Hobart/Pulaski Point of Delivery. Prior to the Green Bay/Hobart Point of Delivery, the Green Bay Water Utility shall be solely responsible for any degradation in the quality of such Potable Water and/or any change in such Potable Water affecting its compliance with any applicable water quality standards prom ulgated or establishe d by any Governmental Authority, including without limitation an y applicable Safe Drinking Water Act requirements Section 3.2 G REEN BAY FACILITIES UP TO THE GREEN BAY/HOBART INTERCONNECT POINT OF DELIVERY. The Green Bay Water Utility shall provide, own, operate, maintain, repair and replace all necessary facilities to deliver Potable Water to the Point of Delivery at Hobart. The Green Ba y Water Utility expres sly represents and warrants that the water provided at the Green Bay/Hobart Point of Delivery shall be Potable Water that is treated and of a quality meeting or exceeding state and federal water quality standards, including applicable Safe Drinking Water Act requirements. Section 3.3 P ULASKI FACILITIES FROM THE HOBART / PULASKI POINT OF DELIVERY. Pulaski shall provide, own, operate, ma intain, repair and replace all facilities including the Pulaski-Hobart Main from the Hobart/ Pulaski Point of Delivery which is located in Hobart to the Pulaski municipal boundaries and within Pulaski needed to take Potable Water from the Point of Delivery to Pulaski Customers. Section 3.4 P RESSURE. Pulaski shall receive its supply of Potable Water at the Points of Delivery at pressures that will vary from time to time consistent with Prudent Utility Practice. ARTICLE IV MEASUREMENT OF WATER Section 4.1 M EASUREMENT BY METERS. The volume of Potable Water sold by the Green Bay Water Utility to Pulaski shall be measured by meters located at approved Metering Points. The meters used shall be jointly selected by the Parties and shall meet the standards of the American Water Works Association. Section 4.2 O WNERSHIP OF METERS. The meters shall be furnished and installed, owned, operated, maintained, repair ed and replaced by the Green Bay Water Utility. Section 4.3 L OCATION OF METERING POINTS. The Parties shall jointly select the locations of the Metering Points. PAGE 26 -10- Section 4.4 O WNERSHIP OF METERING STRUCTURES. The Green Bay Water Utility shall determine whether a structure is necessary to house the meter located at the Metering Points in accordance with the standards of the American Water Works Association and/or are required by Prudent Utility Practice. If metering structures are necessary, Pulaski shall design, c onstruct and install su ch facilities at its expense and in accordance with Prudent Utility Practice. Initial construction plans and specifications shall be submitted to the Green Bay Water Utility for review and approval, which shall not be unreasonably withheld. Thereaft er, Pulaski shall own and main tain the structures deemed necessary to house the meters and related e quipment consistent with Prudent Utility Practices. The Green Bay Water Utility shall have access to the Me tering Structures upon three (3) hours prior notice to Pulaski. Section 4.5 R ECORDS OF METER READINGS. For the purposes of this Agreement, the official record of meter r eadings at the Metering Points shall be kept in an Electronic Billing System maintained by the representative s of the Green Bay Water Utility and kept in the offices of the Green Bay Water Utility. These records shall be available for inspection by Pulaski during normal business hours. Pulaski shall give the Green Bay Water Utility at least 24 hours notice of its intention to inspect the records. Section 4.6 M ETER INSPECTION BY PULASKI. The meters shall be available for inspection and examina tion by designated agents of Pu laski at all reasonable times. Pulaski will have access to the Metering Points after providing 24-hour notice to the Green Bay Water Utility. The Green Bay Water Uti lity may bill Pulaski for any additional costs incurred by Green Bay outside of normal opera tions as a result of providing it with such access pursuant to this Section. Section 4.7 C ALIBRATION. At least once in each Fiscal Year, the Green Bay Water Utility shall calibrate it’s meters measuring the delivery of Potable Water to Pulaski. The Green Bay Water Utility shall give Pulask i notice, not less than two (2) business days prior to the time of the calibration (which shall be conducted during normal business hours), so that Pulaski may have a representative present during the calibration. If a Pulaski representative is not present, the calibration and any nece ssary adjustment may proceed in the absence of such representati ve. If a check meter has been installed as contemplated by Section 4.8, such meter shall be cal ibrated by Pulaski at least once each Fiscal Year. Pulaski shall give the Green Ba y Water Utility notice, not less than two (2) business days prior to the time of the calibra tion (which shall be conducted during normal business hours), so that the Green Bay Water Utility may have a representative present during the calibration. If a Green Bay representa tive is not present, the calibration and any necessary adjustment may proceed in the absence of such representative. Section 4.8 C HECK METER. Pulaski may, at its op tion and its own expense, install, operate and maintain a check meter to check the meter maintained by the Green Bay Water Utility, but the measurement of Potable Water for the purpose of this Agreement shall be solely by the meter maintained by the Green Bay Water Utility under this Agreement, except in the case hereinaf ter specifically provided to the contrary. Any PAGE 27 -11- such check meter shall be of the same make as the meter selected by the Parties pursuant to Section 4.1, and shall be subjec t at all reasonable times to inspection and examination by any designated employee or agent of the Green Bay Water Utility. The reading, calibration and adjustment of such check meter shall be performed only by Pulaski, but the Green Bay Water Utility shall be given notice of any calibra tion and adjustment of the meter; provided, however, that during any period when a check meter is being used under the provisions set forth below fo r measuring the amount of Po table Water delivered, the reading, calibration and adju stment of the check meter shall be performed by the Green Bay Water Utility with proper notification being given to Pulaski. The Green Bay Water Utility shall grant to Pulaski, at no cost, an easement at each respective Metering Point, including any structure at such Metering Point, sufficient to enable Pulaski to install, use, operate and maintain a check meter during the term of this Agreement. Pulaski shall have access to such Metering Point and check me ter for examination and inspection after providing 24-hours notice to the Green Bay Wa ter Utility. The Green Bay Water Utility may bill Pulaski for any additional costs in curred by the Green Bay Water Utility as a result of providing Pulaski with access pursuant to this Section. Section 4.9 M ETER MALFUNCTIONS. If either Party at any time observes a variation of more than two (2.0%) percent between a mete r and a check meter or any evidence of meter malfunction, such Party shall promptly no tify the other Party, and the Parties shall then cooperate to procure an imm ediate calibration test and such adjustment, replacement, or other work necessary to re turn such meter to accuracy. The Party who discovers such variation or malfunction shall give the othe r Party notice not less than seventy-two (72) hours prior to the time of an y test of any meter (which tests shall be conducted, if practical, during normal busine ss hours) so that the other party may conveniently have a representative present. If such representative is not present after the required notification at the time set in such notice, calibration and adjustment may proceed in the absence of the representative. Section 4.10 A DJUSTMENT OF CHARGES DUE TO METER MALFUNCTION. If, upon any inspection or test, any metering equipm ent is found to be out of service or the percentage inaccuracy of any metering equipment is found to be in excess of two percent (2%), registration thereof as well as charges for Potable Water based thereon shall be corrected, by agreement of the Parties based on the best data available, for a period extending back to the time when such inaccuracy began, if such time is ascertainable and, if such time is not ascertainable, then for a period extending back one-half (1/2) of the time elapsed since the last date of calibration, but in no event shall such period extend further back than a period of six (6) months. For su ch purposes, the best data available shall be deemed to be the registration of any meter or check meter if one has been installed and is accurately registering. Otherwise, the amount of Potable Water delivered during such period may be estimated (1) by correcting the error if the percentage of the error is ascertainable by calibration tests or mathematical calculation; or (2) if the error is not ascertainable by calibration tests or mathematical calculation, by estimating the quantity of delivery by reference to deliveries during th e preceding periods under similar conditions PAGE 28 -12- when the meter or meters were registering accu rately. Billing adjustments related to meter malfunctions shall be handled in the same manner prescribed in Section 8.3(c). Section 4.11 U NIT OF MEASUREMENT. The unit of measurement for Potable Water delivered hereunder shall be gallons of water, U.S. Standard Liquid Measure, and all measuring devices shall, unless the Green Bay Water Utility, Hobart and Pulaski otherwise agree, be so calibrated. In the event that it should become necessary or desirable to use other units of measurement, the basis of conve rsion shall be that 7.48 gallons is equivalent to one (1) cubic foot. ARTICLE V CONSTRUCTION OR ACQUISITION OF FACILITIES Section 5.1 I NTERCONNECTION FACILITIES PLANS. As soon as practicable, Pulaski shall submit to the Green Bay Water Utility and Hobart for review and comment a draft of the plans and specifications for the design, construction and operation of the Interconnection Facilities. The Green Bay Water Utility and Hobart shall have a maximum of thirty (30) days to provide comments on the plans and specifications for the Interconnection Facilities. Pulaski shall incorporate such comments into its final plans and specifications to the extent they are reasonable and necessary for Pulaski to construct, maintain and operate the Interconnection Facil ities and the Pulaski Waterworks System in accordance with Prudent Utility Practice. Section 5.2 C ONSTRUCTION INTERCONNECTION FACILITIES. Pulaski shall arrange for the financin g and construction of the Interconne ction Facilities in accordance with the approved plans and specifications theref ore, and in accordance with the approvals contemplated by Section 16.2. Section 5.3 CONNECTION OF PULASKI WATERWORKS SYSTEM TO THE GREEN BAY WATERWORKS SYSTEM. Upon completion of constr uction of the Interconnection Facilities, Green Bay and Hobart shall connect Pulaski’s Waterworks System to the Hobart Waterworks System and the Gr een Bay Waterworks System wh en it may do so consistent with Prudent Utility Practice, and in no event shall such connection occur less than ten (10) days prior to the commencemen t of service hereunder. Pula ski shall reimburse Green Bay and Hobart for the actual costs incurred by the Green Bay Water Utility and Hobart in connecting Pulaski’s Waterworks System to the Interconnection Facilities. Section 5.4 A FTER CONNECTION. The Interconnection Facilities shall at all times be part of the sole a nd exclusive property of Pulaski subject to any maintenance and operational agreements into which the Partie s may subsequently enter. Notwithstanding the ownership of the Pulaski-Hobart Main by Pulaski, in the event Hobart wishes to connect to the Pulaski-Hobart Main, provided Hobart obtains all consents legally required PAGE 29 -13- to make such connection, Pulaski may not condition any consent on, nor will Hobart shall be obligated to reimburse Pulaski for any costs of installation of the Pulaski-Hobart Main. ARTICLE VI CAPITAL PROJECTS; ADDITIONAL POTABLE WATER; UNEXPECTED INVESTMENTS; FUTURE CAPITAL PROJECTS Section 6.1 A DDITIONAL POTABLE WATER VOLUMES. If at any time during the term of this Agreement Pulaski’s demand fo r Portable Water is forecast to exceed Pulaski’s Maximum Day Water Demand set forth in ATTACHMENT “A” on a temporary or long-term basis, Pulaski shall request that the Green Bay Water Utility deliver Potable Water in excess of Pulaski’s Maximum Da y Water Demand, and the Green Bay Water Utility may not unreasonable deny such a requ est; provided, that such request would be reasonably denied by the Green Bay Water Utility if, among other things, such request could reasonably be expected to: (a) Result in additional capital investment costs, or disproportionate increases in operation and maintenance costs or othe r costs to be incurred by the Green Bay Water Utility; or (b) Limit the Green Bay Water Utility’s ability to satisfy, at any time and under any circumstance, the Green Bay Water Utility’s Maximum Day Demand, as projected at the time of such request by Pu laski, without any material increase in capital investment and without any material change in variable operating costs to be incurred by the Green Bay Water Utility; or (c) Affect the Green Bay Water Utility’s ability to operate the Green Bay Waterworks System in accordance with Prudent Utility Practice. (d) Subject to the conditions se t forth at Section 6.1(a) through (c), and to all other terms and conditions of this Agreement, the cost of Potable Water in excess of Pulaski’s Maximum Day Water Dema nd delivered by the Green Bay Water Utility pursuant to this Section 6.1 shall be as established under Article VII. (e) Limit or otherwise materially impact H obart’s ability to satisfy, at any time and under any circumstance, its maximum day potable water de mand, as projected at the time of such request by Pulaski, without any material increase in capital investment and without any material change in variable operating costs; or (f) If upon such a request from Pulaski the conditions of this Section 6.1 are not satisfied, then the Green Bay Water Utility’s decision to provide volumes of Potable Water in excess of Pulaski’s Ma ximum Day Water Demand as set forth in ATTACHMENT “A” shall be at the Green Bay Water Utility’s sole discretion, and PAGE 30 -14- shall be subject to all ot her provisions of this Ag reement, including without limitation Section 6.1 and Section 10.3; pr ovided, however, if the condition in Section 6.1(e) is not satisfied, the consent of Hobart shall be required. Section 6.2 U NANTICIPATED GROWTH. If, during the term of this Agreement, Pulaski shall experience unanticipated growth in its demand for Potable Water: (a) Pulaski shall pay for unexpected growth in its demand for Potable Water in excess of Pulaski’s Maximum Day Water Demand as set forth in ATTACHMENT “A” hereto; provided, that if Pulaski’s de mand for Potable Water is anticipated to exceed Pulaski’s Maximum Day Water Demand Pulaski shall request additional capacity from the Green Bay Wa ter Utility as contemplated by Section 6.1 as soon as practicable. (b) If, as contemplated by Section 6.1, the Green Bay Water Utility reasonably denies a request by Pulaski pursuant to Section 6.1, then Green Bay shall determine the capital investments in the Green Bay Wat erworks System for the facilities that are required prior to January 1, 2046 in or der for the Green Bay Water Utility to serve Pulaski’s unanticipated level of growth in the volume of Potable Water required by Pulaski to serve all Pulaski Customers. As part of its determination, the Green Bay Water Utility shall evalua te whether Pulaski additional demand for Potable Water can be satisfied in a more cost-effective manner by use of Pulaski’s wells. (c) If the Green Bay Water Utility determ ines that capital investment in the Green Bay Waterworks System is necessa ry in order for the Green Bay Water Utility to satisfy Pulaski’s additional de mand for Potable Water then upon written notice to Pulaski, the Green Bay Water Utility shall seek all necessary Governmental Authority approvals with respect to the construction of such facilities; provided, that Pulaski shall be allowed to review and comment on any PSC application before it is submitted by the Green Bay Water Utility. Within thirty (30) days after receiving notice from the Green Bay Water Utility confirming the need for the construction of such facil ities and describing the estimated cost of such facilities, the Green Bay Water Utility and Pulaski shall meet to discuss and negotiate payment arrangements for Pulaski to pay for the costs associated with the construction of such facilities. (d) If the Green Bay Water Utility provides written notice to Pulaski that it cannot or will not provide Potable Water to Pulaski in excess of Pulaski’s Maximum Day Water Demand in order to meet all or any portion of Pulaski’s unanticipated growth in demand for Po table Water, Pulaski may then acquire Potable Water from a source other than th e Green Bay Water Utility in order to satisfy such portion of its demand for Potable Water in excess of Pulaski’s Maximum Day Water Demand. PAGE 31 -15- Section 6.3 O THER UNANTICIPATED EVENTS. Capital investments in the Green Bay Waterworks System required prior to January 1, 2046 for facilities related to unanticipated events affecting both the Green Bay Water Utility and Pulaski such as more stringent water quality standards, shall be paid in cash by Pulaski in the manner contemplated in Section 6.2(c) , provided, however, that Pula ski shall be responsible only for the percentage of such costs that are attributable to the Green Bay Water Utility’s provision of service to Pulaski hereunder. Su ch percentage shall, during each Fiscal Year of the term of this Agreement, be equivale nt to the number of gallons of Potable Water actually delivered by the Green Bay Water U tility to Pulaski hereunder during the most recently completed Fiscal Year, divided by the number of gallons of Potable Water actually delivered by the Green Bay Water Utility to all Green Bay Customers during the most recently completed Fiscal Year. Section 6.4 P OST-TERM SERVICE. Any service provided to Pulaski after December 31, 2045 shall be conditioned upon the continued effectiveness of this Agreement, and upon the Green Bay Water Utili ty’s ability to provide such service consistent with Section 6.5 hereof without jeop ardizing its ability to adequately serve and satisfy the then-projected Green Bay Water Utility’s Maximum Day Water Demand at reasonable, PSC-approved rates and to opera te the Green Bay Waterworks System in accordance with Prudent Utility Practice. Section 6.5 F UTURE CAPITAL PROJECTS. As the need for Future Capital Projects arises from time to time in order for Green Bay to continue its delivery of Potable Water to Pulaski and for Hobart to continue to convey that water to Pulaski as made and provided hereunder after December 31, 2045, the Parties ag ree that the continued effectiveness of this Agreement, and the Green Bay Water Util ity’s continued obligation to provide water service to Pulaski and Hobart’s continued obligation to convey water from Green Bay to Pulaski through the Hobart Water Works System will remain contingent upon the following: (a) PSC approval of Pulaski’s obligation to pay, up-front, for its pro-rata share of all Future Capital Project Costs, and/or the Green Bay Water Utility’s ability to rely upon expected revenue collecte d from Pulaski after December 31, 2045, pursuant to PSC-approved wholesale rates, as a guaranteed sour ce for the ultimate repayment of all Future Capital Project Costs; and (b) PSC approval of Pulaski’s obligation to pay, up front , for its pro-rata share of all Future Capital Project Costs asso ciated with any expansion of Hobart’s Waterworks System to accommodate any increase in Pulaski’s Maximum Day Water Demand as set forth on ATTACHMENT “A” hereto. PAGE 32 -16- ARTICLE VII PRICES AND TERMS OF PAYMENT Section 7.1 M EASURED CONSUMPTION. The Green Bay Water Utility will bill Pulaski based on meter readings as provided for in Article IV. Meter readings for each Metering Point shall be billed separately. Billing hereunder shall be monthly. Section 7.2 C OST OF WATER GENERALLY. Through December 31, 2045, the cost for Potable Water purchased from the Green Ba y Water Utility by Pula ski hereunder shall equal the total metered consumption as de termined by Section 7.1 multiplied by the applicable volume rate in force as determined by Section 7.3. Section 7.3 W HOLESALE POTABLE WATER RATE. Wholesale Water Service shall be furnished to Pulaski by the Green Bay Water Utility at the initial volume rate per thousand gallons as set forth on ATTACHMENT “A”, subject to any intervening PSC rate increases. Any future adjustment or modi fication of the Conveyance Charge shall be subject to prior approval by the PSC. In future rate proceedings before the PSC, the wholesale rate hereunder shall be increased or decreased by the same percentage increase or decrease of the lowest rate approved by the PSC for any Green Bay Retail Customer, as set forth on the Green Bay Water Utility’s General Service - Metered Schedule (MG-1), or any subsequent replacement tariff on file w ith the PSC. The rate established hereunder does not include Water Conveyanc e Charge to be imposed by Hobart for the transmission of Potable Water from Green Bay through that portion of the Interconnection Facilities owned, operated and maintained by Hobart in the manner provided in Section 7.5 hereof. Section 7.4 R ATE APPLICATION. On or before June 1, 2045, the Green Bay Water Utility shall file a rate application with the PSC requesting that the PSC establish wholesale rates, and approve al l non-rate terms, conditions and service standards, for its continued wholesale sales of Potable Water to Pulaski hereunder effective January 1, 2046. Section 7.5 H OBART WATER CONVEYANCE CHARGE. The initial fee to be charged to Pulaski by Hobart for the trans mission of potable water from the Green Bay Water Utility to Pulaski through the Hobart Waterworks System as a Water Conveyance Charge shall be at the initial volume ra te per thousand gallons as set forth on ATTACHMENT “A”. Any future adjustment or modification of the Water Conveyance Charge shall be subject to prior approval by the PSC. Section 7.6 PSC SET RATES AND TERMS BEGINNING IN 2046. For the period beginning January 1, 2046, the applicable wholesal e water rate in eff ect for all sales of Potable Water by the Green Bay Water Utility to Pulaski and all applicable non-rate terms, conditions and standards governing such servi ce, shall be established by the PSC pursuant to PSC regulation utilizing the application of standard rate-mak ing and regulatory principles and procedures. PAGE 33 -17- ARTICLE VIII COMMENCEMENT OF SERVICE AND BILLING Section 8.1 C OMMENCEMENT OF SERVICE. Subject to a ll other terms and conditions set forth herein, the Green Bay Water Utility shall deli ver Potable Water to Pulaski as soon as practicable upon satisfactio n of all of the following contingencies set forth hereinbelow. Hobart’s obligations under this Agreement shall not commence until the condition in this Section 8.1 have been met and the Green Bay Water Utility commences delivery of Potable Water to Pulaski.: (a) The Parties obtain all necessary Gove rnmental Approvals set forth in Sections 17.1 through 17.5. (b) This Agreement remains in full for ce and effect and the Parties have remained in compliance with all terms and conditions of the Agreement. (c) The Green Bay Water Utility has constr ucted all Capital Projects that are required prior to the commencement of service hereunder. (d) Pulaski has constructed or made all improvements to Pulaski’s Waterworks System necessary prior to acceptance of Po table Water delivered by the Green Bay Water Utility as contemplated hereunder. (e) Pulaski has constructed the Interconnection Facilities as contemplated by Section 5.3 hereof. (f) The Green Bay Waterworks System has been connected to Pulaski’s Waterworks System as contemplated by Section 5.3, such that the Green Bay Water Utility is able to deliver Potable Water to Pulaski through Hobart, and Pulaski is able to accept delivery of Potable Water from the Green Bay Water Utility. (g) Once the Parties have obtained all n ecessary Government Approvals set forth in Sections 17.1 through 17.5, the Parties shall use their best efforts to ensure that the Green Bay Water Utility’s deliver y of Potable Water to Pulaski hereunder through Hobart commences upon completion of the interconnection facilities. Section 8.2 B ILLS AND DUE DATE. The Green Bay Water Utility shall bill Pulaski for water service on a monthly basis. Hobart shall separately bill Pulaski for the Water Conveyance Charge on a quarterly basis. Bills shall be sent on or before the 10th day of the first month of the next immediate month following the month in which service is provided. Pulaski shall pay all bills in full within 21 days of receipt. PAGE 34 -18- Section 8.3 D ISPUTED INVOICES. In the event Pulaski shall dispute any monthly invoice from either the Green Ba y Water Utility or Hobart, or both, the following process and procedures shall apply: (a) If Pulaski desires to disp ute all or any part of an invoice for either the Green Bay Water Utility or Hobart, or both, it shall nevertheless pay the full amount of any such payment when due and include w ith such payment written notification to the billing Party that charges are disput ed, the grounds for dispute and the amount in dispute. Except as contemplated by Section 4.11, no adjustment or relief on account of any disputed charges shall be available to Pulaski unless the written notification described herein is provided at the time the bill is paid; provided, however, that if the grounds for such dispute were not timely discovered by Pulaski despite its exercise of Prudent Utility Pract ices, then within fi fteen (15) days of discovering the grounds for a dispute Pulaski may provide bi lling Party with written notification of the dispute along w ith an explanation of the circumstances resulting in delay of discovery. (b) Upon receipt of such dispute notification, representatives of the Parties shall meet within ten (10) business days to reso lve such dispute. The Parties shall, if necessary, continue ef forts to resolve the dispute using the procedure set forth in Article XIII. (c) In the event that it is determined that Pulaski has been over-billed or under- billed, an appropriate credit or debit shall be reflected in the next bill or bills issued by the billing Party, and such credit or debit shall accrue interest at the rate set out in Section 8.4 commencing as of the date on which the disputed bill was originally due. Section 8.4 DEFAULT; INTEREST ON OVERDUE PAYMENTS. If Pulaski fails to make any payment required under this Contract on or before its due date, it shall be in default, and interest on the amount of such payment shall accrue during the period of non- payment at the lower of the following rate from the date such payment becomes due until paid in full with interest as herein specified: (a) The rate authorized by the PSC or (b) One (1%) percent per month compounde d monthly at the then authorized rate. PAGE 35 -19- ARTICLE IX COVENANTS OF GREEN BAY Section 9.1 L IMITATION ON SERVICE. Green Bay and the Green Bay Water Utility disclaim any duty, obligation or responsib ility to provide Potable Water to Pulaski except as expressly provided in this Agreement. Section 9.2 P RUDENT UTILITY PRACTICE. The Green Bay Water Utility shall, at all times during the term of this Agreement, own, operate, maintain, repair and replace all portions of the Green Bay Waterworks System in a manner consistent with Prudent Utility Practice. ARTICLE X COVENANTS OF HOBART Section 10.1 L IMITATION ON SERVICE. Hobart disclaims any duty, obligation or responsibility to transmit Potable Water fro m Green Bay to Pulaski except as expressly provided in this Agreement. Section 10.2 P RUDENT UTILITY PRACTICE. Hobart shall, at all times during the term of this Agreement, own, operate, mainta in, repair and replace all portions of the Hobart Waterworks System related to the tr ansmission of Potable Water from Green Bay to Pulaski hereunder in a manner consistent with Prudent Utility Practice. ARTICLE XI COVENANTS OF PULASKI Section 11.1 E XCLUSIVE SERVICE Except as expressly contemplated by Article II, Section 10.3 or as otherwis e expressly contemplated here in, during the term of this Agreement the Green Bay Water Utility shall be the exclusive source of Potable Water used by Pulaski in order to serve Pulaski Cust omers, as defined in Section 1.1(ee) hereof. During the term of this Agreement, Pulaski may only maintain and operate Pulaski’s wells, and may only use water from Pulaski’s wells, under and upon the following: (a) Use in the minimum amount necessary to keep the wells in an active, non- abandoned status; (b) Use for standby purposes in cluding but not limited to fire protection, emergency services, responses to Force Majeure events, emergency or maintenance shut off as contemplated by Section 2.2, and curtailment as contemplated by Section 2.3; PAGE 36 -20- (c) Use to satisfy an unanticipated level of growth in the volume of Potable Water required by Pulaski, but only if au thorized in writing by the Green Bay Water Utility as contemplated under Section 6.2; (d) Such other use for which the Green Bay Water Utility provides prior express written consent at its discretion. Section 11.2 L IMITED SERVICE. Pulaski acknowledges that Green Bay and the Green Bay Water Utility have absolutely no duty, obligation or respons ibility to provide water to Pulaski except as expressly set forth in this Agreement. Pulaski further acknowledges that Hobart has absolutely no duty to tran smit Potable Water from Green Bay to Pulaski through the Hobart Waterworks Syst em except as expressly set forth in this Agreement. Section 11.3 S ERVICE AREA EXPANSIONS. Pulaski acknowledges that while its demand for Potable Water ma y increase through annexati ons, boundary modifications, extra-territorial water sales agreements or other extensions of water service beyond the limits of its corporate municipal boundaries in effect as of the date of this Agreement and/or beyond the limits of any extra-terr itorial water sales agreements in effect as of the date of this Agreement, any such service area expansion shall not entitle Pulaski to purchase and accept delivery of a volume of Potable Water from the Green Bay Water Utility in excess of Pulaski’s Maximum Day Water Demand without the prior express writ ten consent of the Green Bay Water Utility, which consent shall be subject to, among other things, the process contemplated under Section 6.2. If Pulaski’s se rvice area expansion is the result of an extra-territorial water sales agreement, Pulaski shall not enter into such an expansion without the prior written cons ent of the Green Bay Water U tility and Hobart nor without following the process contemplated by Section 6.2. Section 11.4 U NEXPECTED AGREEMENT TERMINATION. Pulaski acknowledges that after the Green Bay Water Utility obtains the PSC approvals described in Sections 17.1, 17.2 and 17.5, all Capital Project Costs incurred by the Green Bay Water Utility, including additional costs the Green Bay Water Utility may incur as contemplated by Sections 6.2 through 6.4, shall be incurred by the Green Bay Water Utility in reasonable reliance upon Pulaski’s continued satisfaction of all of its duties and obligations hereunder. If, after such PSC approvals are obtained from time to time, this Agreement is terminated for any reason, other than a default by Green Bay or the Gree n Bay Water Utility, at a point in time by which Pulaski has not yet accepted delivery of and paid for a sufficient amount of Potable Water such that the Green Bay Water Utility has fully recovered, in the form of revenue collected hereunder, the total amount of the Capital Projec t Costs and all operating and other costs legally incurred by the Green Bay Wat er Utility to date in connection with the performance of its obligations he reunder, then, within ninety (90) days of such Agreement termination, and without limiting any other rights which Green Bay or the Green Bay Water Utility may have hereunder or at law or equ ity, Pulaski shall pay to the Green Bay Water Utility an amount of cash equal to the difference between such Costs and such Revenue. PAGE 37 -21- Section 11.5 L IMITED PARTICIPATION IN PSC PROCEEDINGS. (a) During the term of this Agreement, Pulaski may commence or participate in PSC proceedings involving th e Green Bay Water Utility or Hobart in order to allege in good faith that either or both the Green Bay Water Utility and/or Hobart has failed to honor its obligations under th is Agreement or to otherwise attempt in good faith to protect its perceived interests. However, Pulaski shall not, in any PSC proceeding: (1) Take or advance any position that is inconsistent with this Agreement; nor (2) Take or advance any position that is inconsistent with, or that would other-wise undermine, contravene or circumvent PSC approvals or rulings obtained by the Parties in connection with this Agreement. (b) Pulaski may participate before the PSC with respect to any dispute over costs attributed by the Green Bay Water Utility to Pulaski as contemplated by Section 6.3(c) and Section 6.4, but only to th e extent that there is a dispute over the amount of costs that Pulaski must reim burse the Green Bay Water Utility as contemplated by those Sections. (c) Pulaski may participate in the PSC proceeding contemplated by Section 16.1 and shall use its best efforts to coope rate in obtaining th e PSC approvals and ruling contemplated therein. Section 11.6 P ULASKI BUDGET CONSIDERATION. During the term of this Agreement, Pulaski covenants that it will include provisions for pa yment of all of its financial obligations to Green Bay and Hobart under this Agreement in each fiscal year budget presented for final approval by its Village Board. In the event that such provisions are not approved by the Pulaski Village Board as part of its approval and adoption of any final budget for any fiscal year, Pulaski shall provide written notice of such circumstance to the Green Bay Water Utility and Hobart within seven (7) days of such event. Section 11.7 P ULASKI TO MAINTAIN ITS UTILITY OBLIGATION. During the term of this Agreement, Pulaski shall not, without the prior written consent of the Green Bay Water Utility, which shall be granted at the Green Bay Wate r Utility’s sole discretion, abandon, sell, or otherwise dispos e of or discontinue all or any portion of its obligations and duties as a default retail or wholesale water utility serv ice provider to all Pulaski Customers within the municipal boundaries of Pulaski, as such boundaries existed on the Effective Date of this Agreement, unless such action by Pulaski is due to either Force Majeure or decisions by Pulask i Customers to reduce or te rminate their purchase of Potable Water from Pulaski. PAGE 38 -22- Section 11.8 C ERTAIN PULASKI ACTIONS. During the term of this Agreement Pulaski shall not, without the prior written c onsent of the Green Bay Water Utility and/or Hobart, which consent shall not be unreasonably withheld, provided that such consent shall be reasonably withheld if Gr een Bay or Hobart reasonably de termines that such proposed Pulaski actions would either render Pulaski unable to satisfy all of its duties and obligations hereunder, affect the Green Bay Wat er Utility’s ability to operate the Green Bay Waterworks System or affect the Hobart Waterworks System or Hobart’s ability to operate the Hobart Waterworks System in accordance with Prudent Utility Practice: (a) Merge or consolidate with one or more other public utilities. (b) Transfer ownership or operational control over a ll or any portion of the Pulaski Waterworks System. (c) Provide, sell or distribu te potable water acquire d hereunder to another municipal water utility without the prior written consent of Green Bay. Section 11.9 A GREEMENT TO ABIDE BY RULES AND REGULATIONS. Pulaski shall abide by the “Rules and Regulations” of the Gr een Bay Water Utility on file with the PSC and as amended from time to time, to the extent such “Rules and Regulations” are applicable to Green Bay’s provision of wa ter service to Pulaski hereunder. If any provision of this Agreement contradicts any provision of such “Rules and Regulations”, the provisions of this Agreement shall control. Section 11.10 P RUDENT UTILITY PRACTICES. Pulaski shall, at all times during the term of this Agreement, own, operate, mainta in, repair and replace all portions of the Pulaski Waterworks System in a manner consistent with Prudent Utility Practice. ARTICLE XII DEFAULTS; FORCE MAJEURE Section 12.1 GREEN BAY DEFAULTS. Failure by Green Bay to deliver Potable Water to Pulaski as required by this Agreem ent shall be an immediate defa ult under this Agreement except to the extent that such failur e is excused due to Force Majeure. Failure of Green Bay or the Green Bay Water Utility to perform any other obligation under this Agreement and the continuation of that failure to perform for thirty (30) days after written notice from Pulaski to Green Bay of such fail ure shall be a default of Green Bay or the Green Bay Water Utility under this Agreement, except to the extent that such failure is excused due to Force Majeure. If Green Ba y or the Green Bay Water Utility defaults under this Agreement, Pulaski may (a) immedia tely bring an action against Green Bay or the Green Bay Water Utility, which may be an action for money damages or for any other legal or equitable remedy available; or (b) fo llow the dispute resolution procedure set forth in Article XIV. Election of any remedy shall not be a waiver of any other remedy. PAGE 39 -23- Section 12.2 HOBART DEFAULTS. Failure by Hobart to transmit and transport Potable Water from Green Bay to Pulaski as required by this Agreement shall be an immediate default under this Agreement except to the extent that such failure is excused due to Force Majeure or otherwise allowed under the terms of this Agreement. Failure by Hobart to perform any other obligation under th is Agreement and the continuation of that failure to perform for thirty (30) days after written notice from Pulask i to Hobart of such failure shall be a default of Hobart under this Agr eement, except to the extent that such failure is excused due to Force Majeure. If Hobart defaults under this Agreement, Pulaski may (a) immediately bring an action against Hobart, which may be an action for money damages or for any other legal or equitable remedy available; or (b) follow the dispute resolution procedure set forth in Article XIV. Section 12.3 P ULASKI DEFAULTS. Failure by Pulaski to timely pay for Potable Water delivered under the terms of this Agreem ent as required by this Agreement shall be an immediate default under this Agreement. Failure by Pulaski to perform any other obligation under this Agreement and the continuation of that failure to perform for thirty (30) days after written notice from either or both the Green Bay Water Utility and/or Hobart to Pulaski of such failure shall also be a default of Pulaski under this Agreement, except to the extent that such failure is excuse d due to Force Majeure. If Pulaski defaults under this Agreement, either or both Green Bay and/or Hobart shall ha ve the option of (a) suspending performance in whole or in part under this Agreement if such suspension does not suspend the delivery of water hereunder; (b ) bringing an action against Pulaski, which may be an action for money dama ges or for any other legal or equitable remedy available; or (c) following the dis pute resolution procedure set forth in Article XIV. Election of any remedy shall not be a waiver of any other remedy. Section 12.4 FORCE MAJEURE. In case by reason of Force Majeure any Party hereto shall be rendered unable wholly or in part to carry out its obligation under this Agreement, then if such Party shall give notice and full particulars of such Force Majeure in writing to the other Party within a reasonable time after occurrence of the event or cause relied on, the obligation of the Party giving su ch notice to perform under this Agreement shall, so far as it is affected by such For ce Majeure, be suspende d during the continuance of the inability then claimed, but for no longer period, and any such Party shall endeavor to remove or overcome such inability with all reasonable dispatch. Notwithstanding anything in this Agreement to the contrary, no paym ent obligation arising under this Agreement prior to the date of an event of Force Majeure shall be excused by such event of Force Majeure. The burden of proof shall be on a ny Party claiming excuse from performance by reason of Force Majeure. During periods of Force Majeure, Pulaski may obtain water from a third party source to the extent that th e Green Bay Water Utility is unable to deliver the volume of Potable Water c ontemplated by this Agreement; provided, that Pulaski has installed all necessary backflow protection equipment at ever y Point of Delivery, and that Pulaski operates and maintains such equi pment in accordance with Prudent Utility Practice, and that Pulaski resumes its exclusive purchase of Potable Water hereunder as soon as such Force Majeure period ends. PAGE 40 -24- ARTICLE XIII RISK OF LOSS AND INDEMNIFICATION Section 13.1 RISK OF LOSS BY PULASKI. As between and among Green Bay, the Green Bay Water Utility and Hobart and Pulaski, Pulaski shall be responsible for and shall bear the full risk of loss with respect to any loss of or damage to any property located on Pulaski’s side of the Hobart/Pulaski Point of Delivery, including any real property within the corporate municipal boundaries of either Green Bay or Hobart to which Pulaski is granted use and access to by easement pursuant to Section 16.5, any personal injury or death, or loss of or damage to any other property arising out of the construction, ownership or leasing, operation or maintenance of any property of Pulaski on Pulaski’s side of Hobart / Pulaski Point of Delivery, including any real property within the corporate municipal boundaries of either or both Green Bay or H obart to which Pulask i is granted use and access to by easement pursuant to Section 16.5; and with respect to any personal injury or death, or loss of or damage to any other property arising out of the construction required by hereunder by Pulaski; provided, however, that Pulaski shall not be responsible to the extent any such loss, damage, or injury to the extent that such loss, damage, or injury arises out of the negligence or willful misconduct of Green Bay or the Green Ba y Water Utility or Hobart. Hobart shall bear no risk of loss for any property or personal injury damage except as expressly set forth in this Article XIII and only to the extent such loss is the direct result of Hobart’s negligence or willful misconduct. Hobart shall be promptly indemnified and held harmless by any Party whose conduct cause s or contributes to such loss. Section 13.2 R ISK OF LOSS BY GREEN BAY. As between Pulaski and Green Bay, Green Bay shall, except as pr ovided in the preceding paragr aph, be responsible for and shall bear the full risk of loss (i) with respect to any loss of or damage to any property located on Green Bay’s side of the Green Bay/Hobart Point of Delivery, including any real property within Pulaski’s co rporate municipal boundary to which the Green Bay Water Utility is granted use and access by easement pursuant to Section 16.5, any personal injury or death, or loss of or damage to any ot her property arising out of the construction, ownership, operation or maintenance of any property of Green Bay or the Green Bay Water Utility on Green Bay’s si de of the Green Bay/Hobart Point of Delivery, including any real property within or outside of Pula ski’s corporate municipal boundary to which the Green Bay Water Utility is granted use and access by easement pursuant to Section 16.5, and any personal injury or death, or loss of or damage to any other property arising out of the satisfaction by Green Bay of any obligati on of the Green Bay Water Utility hereunder; provided, however, that Green Bay nor the Green Bay Water Utility shall not be responsible for any such loss, damage, or injury to the extent that such loss, damage, or injury arises out of the negligence or willful misconduct of Pulaski. Section 13.3 I NDEMNIFICATION BY PULASKI. Pulaski shall defend, indemnify and hold harmless Green Bay, the Green Bay Water Utility, Hobart and their Associated Parties against and from any third party Claim or Indemnifiable Cost arising out of any PAGE 41 -25- injury, bodily or otherwise, to, or death of, persons, or for damage to, or destruction of, property belonging to Green Bay, the Green Ba y Water Utility, Hobart and Pulaski or others (each a “Claim”), resulting from or a ttributable to the negligence or willful misconduct of Pulaski, resultin g from or attributable to the breach of any of Pulaski’s representations or warranties c ontained herein, or resulting fro m, arising out of, or in any way connected with the performance of, or failure to perform, any Pulaski obligation under this Agreement, excepting in each case any Indemnifiable Cost to the extent it is caused by Force Majeure or the negligence or willful misconduct of Green Bay, the Green Bay Water Utility, Hobart or their Associated Parties. Pulaski shall also defend, indemnify and hold harmless Green Bay, the Green Bay Water Uti lity, Hobart and their Associated Parties against and from any Indemnifiabl e Cost arising out of claims of any third party, or any direct or indirect customer of Pulaski arisi ng out of or relating to any alleged obligation, duty or responsibility of Green Bay or the Green Bay Water Utility to provide water service to Pulaski or any third party except as expressly contemplated by this Agreement. Section 13.4 I NDEMNIFICATION BY GREEN BAY. Green Bay shall defend, indemnify and hold harmless Pulaski and Hoba rt and its agents from and against any Indemnifiable Cost arising out of any Claim resulting from or attributable to the negligence or willful misconduct of Green Bay, the Green Bay Water Utility or their Associated Parties resulting from or attribut able to the breach of any of Green Bay’s representations or warranties c ontained herein, or resulting fro m, arising out of, or in any way connected with the performance of, or failure to perform any obligation of Green Bay or the Green Bay Water Utility under this Agreement, excepting in each case any Indemnifiable Cost to the extent it is caused by Force Majeure or the negligence or willful misconduct of Pulaski or its agents. Section 13.5 I NDEMNIFICATION BY HOBART. Hobart shall defend, indemnify and hold harmless Pulaski, Green Bay, the Green Bay Water Utility and its agents from and against any Indemnifiable Cost arising out of any third party Claim resulting solely from to the negligence or willful misconduc t of Hobart or its Associat ed Parties and only to the extent of Hobart’s adjudicated proportional responsibility. Hobart shall have no duty to indemnify for any Claim or any Indemnifiable Cost to the extent it is caused by Force Majeure or the negligence or willful misconduct of Pulaski, Green Bay, the Green Bay Water Utility or their agents. Section 13.6 I NDEMNIFICATION BY THE PARTIES. If, due to the joint, concurring, comparative or contributory negligence or willful misconduct of the Parties or their agents, either Party incurs any Indemnifiable Cost ar ising out of any Claim, such Indemnifiable Cost shall be allocated betw een the Parties in proportion to their respective degrees of negligence or willful mi sconduct contributing to such Claim, as fina lly adjudicated or by agreement of the Parties. Section 13.7 N OT EMPLOYEES No Party hereto nor such Party’s agents or employees shall be deemed an employee of th e any other Party hereto. No Party shall bring any claim against any othe r Party or such Party’s Associated Parties with respect to PAGE 42 -26- any liability for compensation under any applicable state or federal Worker’s Compensation Act, including Worker’s Compensation and/or employer’s liability claims of employees. Each Party shall be liable for all claims of the Party’s own employees and/or other Agent arising under any provision of any Workers’ Compensation Law. Section 13.8 N OTICE AND PARTICIPATION. With respect to any claim of indemnification hereunder: (a) If any Party entitled to indemnification hereunder (the “Indemnified Party”) intends to seek indemnifi cation under this Article from any other Party (the “Indemnifying Party”) with respect to any Claim, the Indemnified Party shall give the Indemnifying Party notice of such Claim upon the receipt of actual knowledge or information by the Indemnified Part y of any possible Claim or of the commencement of such Claim, which notice shall in no event be later than thirty (30) days prior to the last day for responding to such Claim. The Indemnifying Party shall have no liability under this Article for any Claim for which such notice is not provided, to the extent that the failu re to give such notice materially impairs the ability of the Indemnifying Party to respond to or to defend the Claim. (b) The Indemnifying Party shall have th e right to assume the defense of any Claim, at its sole cost and expense, w ith counsel designated by the Indemnifying Party and reasonably satisfactory to the Indemnified Part y; provided, however, that if the defendants in any such proceeding include both the Indemnified Party and the Indemnifying Party, and the Indemnified Party shall have reasonably concluded that there may be legal defenses available to it which are different from or additional to those available to the Indemnifying Party, the Indemnified Party shall have the right to select separate counsel to assert such legal defenses and to otherwise participate in the defense of su ch Claim on behalf of such Indemnified Party, and the Indemnifying Party shall be responsible for the reasonable fees and expenses of such separate counsel. (c) Should any Indemnified Party be entitled to indemnif ication under this Article as a result of a Claim by a third party, and should the Indemnifying Party fail to assume the defense of such Claim within a reasonable period of time, the Indemnified Party may, at th e expense of the Indemnifyi ng Party, contest (or, with or without the prior consent of the Indemnifying Party, settle) such Claim. (d) Except to the extent expressly prov ided otherwise herein, no Indemnified Party shall settle any Claim with respect to which it has sought or is entitled to seek indemnification pursuant to this Article unle ss (i) it has obtained the prior written consent of the Indemnifying Party, or (ii) the Indemnifying Party has failed to provide, within a reasonable period of time, security, in a form reasonably satisfactory to the Indemnified Party, s ecuring the payment of any Indemnifiable Cost, up to the amount of the proposed settlement. PAGE 43 -27- (e) Except to the extent expressly provi ded otherwise herein, no Indemnifying Party shall settle any Claim with respect to which it may be liable to provide indemnification pursuant to this Article without the pr ior written consent of the Indemnified Party, provided, however, that if the Indemnifying Party has reached a bona fide settlement agreement with the pl aintiff(s) in any such proceeding, which settlement includes a full release of the I ndemnified Party for a ny and all liability with respect to such Claim, and the Inde mnified Party does not consent to such settlement agreement, then the dollar amount specified in the settlement agreement, plus the Indemnified Party’s reasonable legal fees and other costs related to the defense of the Claim incurred prior to the da te of such settlement agreement, shall act as an absolute maximum limit on the indemnification obligation of the Indemnifying Party with respect to the Claim, or portion thereof, that is the subject of such settlement agreement. Section 13.9 N ET AMOUNT. In the event that an Inde mnifying Party is obligated to indemnify and hold any Indemnified Party harmless under this Article, the amount owing to the Indemnified Party shall be th e amount of such Indemnified Party’s actual Indemnifiable Cost, net of any insurance or other recovery actually received by the Indemnified Party. Section 13.10 A SSERTION OF CLAIMS. No Claim of any ki nd shall be asserted against any Party hereto or such Party’s ag ents, whether arising out of contract, tort (including negligence), strict li ability, or any other cause of or form of action, unless it is filed in a court of competent jurisdiction, or a demand for arbitration is made, within the applicable statute of limitations period for such Claim. Section 13.11 N O RELEASE OF INSURERS. The provisions of this Article shall not be deemed or construed to release any insurer from its obligation to pay any insurance proceeds in accordance with the terms and cond itions of valid and collectible insurance policies. No obligation of any Party to indemnify, defend, or pay damages under this Article shall arise until all applicable insu rance maintained by that Party, including required additional insured coverage, has been exhausted with respect to the subject claim Section 13.12 S URVIVAL OF OBLIGATION. The duty to indemnify under this Article shall continue in full force a nd effect notwithstanding the expiration or te rmination of this Agreement, with respect to any loss, liabilit y, damage or other expense based on facts or conditions which occurred prior to such ter mination. In addition to the survival of indemnification obligations, all limitations of liability, insurance requirements, defense rights, and procedural protections afforded to any Party under this Article shall survive any expiration or termination of this Agreement. Section 13.13 LIMITATION OF LIABILITY. For breach or defaul t of any provision of this Agreement for which an express remedy or measure of damages is provided, such express remedy or measure of damages shall be th e sole and exclusive remedy. Neither Party shall be liable to the other Party for cons equential, incidental, punitive, exemplary or PAGE 44 -28- indirect damages, or lost pr ofits. The limitations herein imposed on remedies and the measure of damages is without regard to the cause or causes related th ereto, including the negligence of any Party, whethe r such negligence be sole, join t or concurrent, or active or passive. Notwithstanding anything in this Agre ement to the contrary, Hobart’s aggregate liability for any and all claims , losses, or damages arising hereunder shall not exceed the greater of Hobart’s insurance coverage available to satisfy such claim or the total Water Conveyance Charges paid by Pulaski under th is Agreement during the preceding twelve (12) months, except for liability arising from Hobart’s willful misconduct. Nothing in this Section shall limit a Party’s right to receive full indemnity as provided in this Agreement. EXCEPT AS SET FORTH IN THE CONTRACT, THERE ARE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SUBJECT MATTER OF THE CONTRACT. ARTICLE XIV DISPUTE RESOLUTION Section 14.1 DISPUTE RESOLUTION. A dispute or contr oversy between or among any Party hereto regarding any matter relating to this Agreement shall be resolved in accordance with this Article except as otherwise provided in this Agreement. Section 14.2 N OTICE OF DISPUTE AND INITIAL MEETING. If a dispute or controversy arises regarding any matter relating to this Agreement, any Party may send a written notice to any other Party identifying the nature and underlying facts of the dispute. Within thirty (30) days of the date written notice is delivered, a meeting between the Parties shall be held to attempt in good faith to negotiate a resolution of the dispute or controversy. Section 14.3 M EDIATION. If the Parties have not succeeded in resolving the dispute or controversy at the initial meeting, or if the Parties have not held an initial meeting within thirty (30) days after the date of delivery of the writ ten notice, the Parties may choose to proceed to mediation in accordan ce with this Paragraph. The Parties shall jointly appoint a mutually acceptable neutral pe rson not affiliated with either Party (the “Mediator”) to conduct the mediation. The fees of the Mediator shall be shared equally by the Parties. If the Parties are unable to agree upon the sel ection of a Mediator within twenty (20) days after the initial meeting, or if no initial meeting was held, within fifty (50) days after the delivery of th e written notice required by Se ction 14.2, the Parties shall either request that the Brown County Circuit Court shall sele ct the Mediator or, in the alternative, proceed with other forms of di spute resolution. In consultation with the Parties, the Mediator will sele ct or devise the mediation pr ocedure to be held in Brown County, Wisconsin, by which the Parties will attempt to resolve the dispute or controversy. In consultation with the Parties, the Mediator will also select a date and time for the PAGE 45 -29- mediation and a date by which the mediation will be completed. The Parties shall participate in good faith in the mediation to its conclusion as designated by the Mediator. If the Parties are not successful in resolvin g the dispute or controversy through the mediation, then the Parties may agree in writing to resolve the dispute by binding arbitration or, if no written agreement to reso rt to binding arbitration is reached by the Parties, the dispute may be resolved by litigation or other appropriate means. Section 14.4 MEDIATION COSTS. Except as expressly provided herein, each Party shall bear its own costs associated with dis pute resolution, including attorneys’ fees and litigation expenses, unless such fees and expenses are awarded to the prevailing Party by a court or other Governmental Authority. Section 14.5 A TTORNEY FEES. (a) In the event of any litigation arising out of or related to this Agreement, the prevailing party shall be entit led to recover its reasonabl e attorney fees and costs incurred in connection with such litigation. For the purpo ses of this provision, the “prevailing party” shall be defined as the party who, prior to the commencement of litigation, made a written offer to settle the dispute, and subsequently receives a judgment or award that is more favorable than the terms of the offer made. (b) Conditions for Awarding Attorney Fees: 1. Pre-Litigation Offer: The party seeking to be recognized as the prevailing party must have made a bona fide written offer to settle the dispute prior to the initiation of litigation. This offer must be communicated to the opposing party in a manner consis tent with the notice provisions of this Agreement. 2. More Favorable Award: The judg ment or award received by the party claiming to be the prevailing part y must be more favorable than the settlement offer made. The determination of whether the award is more favorable shall be based on the net monetary recovery, including any offsets or counterclaims. 3. Documentation: The party claimi ng attorney fees must provide documentation of the settl ement offer and the fina l judgment or award to substantiate the claim for attorney fees. 4. Court Determination: The determin ation of the prevailing party and the reasonableness of the attorney fe es shall be made by the court or arbitrator presiding over the litigation. (c) Purpose. This provision is inte nded to encourage the resolution of disputes without the need for litigation and to ensure that the party who is willing to settle on reasonable terms is not penali zed by the costs of litigation. PAGE 46 -30- (d) Enforceability: This provision shall be enforceable to the fullest extent permitted by law and shall survive the termination or expiration of this Agreement. (d) Notice: All notices related to this provision shall be made in accordance with Article XV of this Agreement. ARTICLE XV NOTICES Section 15.1 REQUIREMENT FOR NOTICES. All notices or communications provided for herein shall be in writing and shall be delivered to the Parties either in person or by United States mail via re gistered mail, return receip t requested, postage prepaid, addressed to the principal office thereof. Any action hereunder to be taken by any Party hereto may be evidenced by copy of official proceedings (including pertinent minutes, motions, resolutions, or ordinances) duly certified by the Parties’ Clerk. Section 15.2 NOTICES DEEMED DELIVERED. Unless expressly provided otherwise herein, all notices and other communications in connection with this Agreement shall be in writing, and shall be deemed delivered to the addressee thereof when delivered in person at the address set forth below, or three busines s days after deposit thereof in any main or branch United States post office, overnigh t express delivery, or mailed by United States registered mail or certified mail, postage prepaid, properly addres sed to the Parties, respectively, as follows: For notices and communications to Green Bay: City of Green Bay Office of Mayor 100 N. Jefferson Street Green Bay, WI 54301 And Green Bay Water Utility Attn: General Manager 631 So. Adams Street Green Bay, WI 54301 PAGE 47 -31- For notice and communications to Hobart: Village of Hobart Village President 2990 South Pine Tree Road Hobart, WI 54155 And Village of Hobart Village Administrator 2990 South Pine Tree Road Hobart, WI 54155 For notices and communications to Pulaski: Village of Pulaski Village President 585 E Glenbrook Dr Pulaski, Wisconsin 54162 And Village of Pulaski Village Clerk 585 E Glenbrook Dr Pulaski, Wisconsin 54162 Section 15.3 C HANGE OF ADDRESS. By notice complying with the foregoing requirements of this Section, e ach Party shall have the right to change the address or addressee, or both, for all fu ture notices and comm unications to such party, but no notice of a change of address shall be effective until actually received. ARTICLE XVI REPRESENTATIONS AND WARRANTIES, OPINIONS, COOPERATION Section 16.1 REPRESENTATIONS AND WARRANTIES OF PULASKI. Pulaski represents and warrants: (a) That Pulaski is a political subdivision and body public and corporate of the State of Wisconsin and is fully authorized and empowered under the laws of the State of Wisconsin to enter into this Agreement and to perform its obligations hereunder, PAGE 48 -32- (b) That no consent, order, waiver or any other action by any person, board or body, public or private, is required as of the date of execution of this Agreement for Pulaski to enter into this Agreement and to perform its obligations hereunder, (c) That there is no action, suit or proceeding at law or in equity or by or before any Governmental Authority pending or threatened against or affecting Pulaski or the Pulaski Waterworks System which seeks to prohibit, restrain or enjoin Pulaski from entering into or complying with its obligations contained in this Agreement, including payment obligations to the Green Bay Water Utility, and/or Hobart, or in any way affects or questions the validity or enforceability of this Agreement, or which would in any way materially adversely affect Pulaski’s ability to carry out the transactions contemplated by and under this Agreement, (d) That this Agreement has been duly and validly authorized, executed and delivered by Pulaski and constitutes a legal, valid and binding obligation of Pulaski enforceable against it in accordance with its terms, and (e) That the execution and delivery of this Agreement and compliance by Pulaski with its terms will not conflict wit h, or constitute on the part of Pulaski a breach of or a default under, any exis ting statute, law, governmental rule, regulation, decree, re solution, ordinance, charter or order, or any agreement, indenture, mortgage, lease or instrument to which Pulaski is subject or by which it is or its properties are or may be bound. Section 16.2 R EPRESENTATIONS AND WARRANTIES OF GREEN BAY. Green Bay represents and warrants: (a) That Green Bay is a political subdivision and municipal corporation of the State of Wisconsin and is fully authorized and empowered under the laws of the State of Wisconsin to enter into this Agreement and to perform its obligations hereunder, (b) That no consent, order, waiver or any other action by any person, board or body, public or private, is required as of the date of execution of this Agreement by Green Bay for Green Bay to enter into this Agreement and to perform its obligations hereunder, (c) That there is no action, suit or proceeding at law or in equity or by or before any Governmental Authority pending or thre atened against or affecting Green Bay, the Green Bay Water Utility or the Green Bay Waterworks System which seeks to prohibit, restrain or enjoin Green Bay or the Green Bay Water Utility from entering into or complying with its obligations c ontained in this Agreement or in any way affects or questions the validity or enforcea bility of this Agreement, or in any way might materially adversely a ffect Green Bay’s ability to carry out the transactions contemplated by this Agreement, PAGE 49 -33- (d) That this Agreement has been duly and validly authorized, executed and delivered by Green Bay and constitutes a legal, valid and bi nding obligation of Green Bay and the Green Bay Water Utility enforceable against them in accordance with its terms, and (e) That the execution and delivery of this Agreement and compliance by Green Bay and the Green Bay Water Utility with its terms will not conflict with or constitute on the part of Green Bay or th e Green Bay Water Utility a breach of or a default under any existing statute, law, governmental rule, regulation, decree, resolution, ordinance, charter or order, or any agreement, i ndenture, mortgage, lease or instrument to which Green Bay or the Green Bay Water Utility are subject or by which it is or its properties are or may be bound. (f) That the Green Bay Water Utility will only use the funds derived from the sale of water hereunder for water related operations within the Green Bay Waterworks System. Section 16.3 R EPRESENTATIONS AND WARRANTIES OF HOBART. Hobart represents and warrants: (a) That Hobart is a political subdivision and municipal corporation of the State of Wisconsin and is fully authorized and empowered under the laws of the State of Wisconsin to enter into this Agreement and to perform its obligations hereunder, (b) Except for PSC approval, that no cons ent, order, waiver or any other action by any person, board or body, public or private, is required as of the date of execution of this Agreement by Hobart to enter into this Agreement andx to perform its obligations hereunder, (c) That there is no action, suit or proceeding at law or in equity or by or before any Governmental Authority pending or, to the knowledge of Hobart, threatened against or affecting Hobart or the H obart Waterworks System which seeks to prohibit, restrain or enjo in Hobart from entering in to or complying with its obligations contained in this Agreement or in any materi al way affects or questions the validity or enforceability of this Agreement, or in any material way might materially adversely affect Hobart’s ability to carry out the transactions contemplated by this Agreement, (d) That this Agreement has been duly and validly authorized, executed and delivered by Hobart and constitutes a legal, valid and binding obligation of Hobart enforceable against them in accordance with its terms, and (e) That the execution and delivery of this Agreement and compliance by Hobart with its terms will not conflict with or constitute on the part of Hobart a breach of or a default under any existing statute, law, governmental rule, regulation, PAGE 50 -34- decree, resolution, ordinance, charter or order, or any agreement, indenture, mortgage, lease or instrument to which Hobart is subject or by which it is or its properties are or may be bound. Section 16.4 OPINIONS AS TO VALIDITY. Concurrent with the execution and delivery of this Agreement, each Party shall furnish the other Party with an opinion by an attorney or firm of attorney s stating that based upon such attorney’s knowledge and due investigation, such Party’s representations and warranties in Section 16.1, Section 16.2 or Section 16.3, as applicable, are true, correct and accurate as of the Effective Date hereof. Section 16.5 MUTUAL COOPERATION. The Parties agree that they are bound by the covenants of good faith and fair dealing and further agree to cooperate with each other and to diligently ensure the performance of their respective ob ligations under this Agreement. Unless expressly provided otherwise in this Agreement, where the Agreement requires the consent, approval, or similar action by a party, such consent, approval, or other similar action shall not be unreasonably wit hheld, conditioned, or delayed, and wherever the Agreement gives a party a ri ght or obligation to determine, require, specify, or take similar action with resp ect to a matter, such determinat ion, requirement, sp ecification, or similar action shall be reasonable and timely. Section 16.6 C OOPERATION IN CONSTRUCTION. The Parties shall cooperate with each other in the construction of the faciliti es required to be constructed by the Parties hereto for the Green Bay Water Utility to provi de wholesale water service to Pulaski in the manner contemplated hereunder. Pulaski shall, if necessary, grant without charge to the Green Bay Water Utility and H obart any reasonably require d construction easements and any easements necessary for port ions of the Green Bay Waterw orks System or the Hobart Waterworks System to be loca ted on property of Pulaski or property over which Pulaski has access rights including that related to the Interconnection Facilities, provided that the Green Bay Water Utility and Hobart agrees to restore the easement property in a reasonable manner after construction and further provided that the Green Bay Water Utility and Hobart shall, as may apply, maintain the easement property nece ssary for portions of the Green Bay Waterworks System or the Hobart Waterworks System to be located within the Pulaski corporate municipal boundary or for such property as Pulaski shall have easement or other access rights in connectio n with the operation of the Interconnection Facilities. Similarly, the Green Bay Water Util ity and/or Hobart shall, if necessary, grant without charge to Pulaski any reasonably required construction easements and any easements necessary for portions of the Pulaski Waterworks System to be located on either Green Bay or Hobart property, provided Pulask i agrees to restore the easement property in a reasonable manner after construction further provided that the Gree n Bay Water Utility or Hobart shall maintain the easement prop erty necessary for portions of the Pulaski Waterworks System to be located within the corporate municipal boundary of either Green Bay or Hobart. PAGE 51 -35- ARTICLE XVII GOVERNMENTAL AUTHORITY APPROVALS Section 17.1 PSC APPROVAL AND DECLARATION OF AGREEMENT AS REASONABLE AND PRUDENT. The performance of Green Bay, the Green Bay Water Utility and Hobart is contingent upon receiving PSC approval of this Agreement in the form of a declaratory ruling and/or other appropriate PSC order, that this Agreemen t is reasonable, prudent and in the public interest. Such PSC approval shall include, among other approvals: (a) Approval of the rate to be charged by the Green Bay Water Utility to Pulaski as contemplated under Article VII for the term of this Agreement, (b) A declaration that the Green Bay Water Utility shall have no obligation to provide any service to Pulaski or to any other retail or wholes ale customer of the Pulaski except as contemplated by this Agreement, (c) Approval of the Conveyance Charge to be charged by Hobart for the transmission and transportation of Potable Water from Green Bay to Pulaski through the Hobart Waterworks System. (d) Approval of all of the Parties’ rights, duties and obligations hereunder. (e) The acceptability of any such PSC appr ovals obtained shall be determined by Green Bay and Hobart in their respective sole discretions. Section 17.2 G OVERNMENTAL AUTHORITY APPROVALS FOR GREEN BAY. The Green Bay Water Utility shall apply to the PSC for certificates of au thority for all Capital Projects listed on ATTACHMENT “A” as bei ng required prior to the commencement of wholesale water service hereunder. The Green Bay Water Utility shal l also apply for all other Governmental Authority approvals necessary prior to the commencement of service hereunder. The Green Bay Water U tility shall use its best efforts to file such applications as soon as practicable. Hobart and Pulaski shall be allowed to review and comment on such applications before they are submitted a nd will support the applications as reasonably necessary. Section 17.3 G OVERNMENTAL AUTHORITY APPROVALS FOR HOBART. Hobart shall apply to the PSC for certificates of auth ority or other approvals necessary to permit use of the Hobart Waterworks System for the transmission and transport of Potable Water from Green Bay to Pulaski as contemplated by this Agreement and for the approval of a Conveyance Charge as provided in Section 7.5 hereof. Hobart shall use its be st efforts to file such applications as soon as practicable . The Green Bay Water Utility and Pulaski shall be allowed to review and comment on su ch applications before they are submitted and will support the applications as reasonably necessary. PAGE 52 -36- Section 17.4 G OVERNMENTAL AUTHORITY APPROVALS FOR PULASKI. Pulaski shall apply to the PSC for certificates of aut hority for the constructi on of any facilities or improvements to the Pulaski Waterworks Syst em required prior to the commencement of wholesale water service hereunder. Pulaski shall also apply for and obtain all other Governmental Authority approvals necessary prior to the commencement of service hereunder. Pulaski shall use its best efforts to file such applications as soon as practicable. The Green Bay Water Utility and Hobart shall be allowed to review and comment on such applications before they are submitted and will support the appli cations as reasonably necessary. Section 17.5 L ATER GOVERNMENTAL AUTHORITY APPROVALS. After the Green Bay Water Utility has commenced providing wholesale water service hereunder, the Parties hereto shall, from time to time when necessary, seek all other Governmental Authority approvals necessary for the continue d satisfaction of their respective obligations arising hereunder. Each Party shall be allowed to review and comment on the other Party’s applications before they are submitted and wi ll support the other Part y’s applications as reasonably necessary. ARTICLE XVIII EFFECTIVE DATE; TERM OF CONTRACT; TERMINATION Section 18.1 EFFECTIVE DATE. This Agreement shall become effective on the day and year first written above (the “Effec tive Date”). The obligation of Green Bay and the Green Bay Water Utility to deliver Potabl e Water under this Agreement and of Hobart to transport and transmit Potable Water here under, however, shall not begin until the date established under Section 8.1. Section 18.2 TERM OF CONTRACT. The term of this Agreement shall run from the Effective Date to 11:59:59 p.m. on December 31, 2045, at which time this Agreement shall automatically renew in accordance with S ection 18.3; provided, however, that this Agreement shall terminate on or upon the earliest of any of the following dates or events: (a) Upon three (3) months written notice provided by either Green Bay or Hobart to Pulaski in the event that Pula ski at any time fails to fully satisfy its obligations under Sections 6.1, 6.2, 6.3, 6.4, 6.5, 8.2, 11.1, 11.3, 11.5, 11.7 and/or 11.8; provided, however, that such terminati on shall not modify any obligations of the Parties arising prior to such terminati on, including, without limitation, those obligations set forth in Sections 6.1 through 6.4, 8.2 and 11.4, and further provided that if Pulaski cures all such defaults with thirty (30) days of receiving such written notice from Green Bay or Hobart, then su ch written notice shall be considered withdrawn and the Agreement shall remain in full force and effect. PAGE 53 -37- (b) Upon three (3) years wr itten notice provided by Green Bay or Hobart to Pulaski in the event that the PSC take s any action inconsistent with the PSC approvals and rulings obtained by the Part ies as contemplated under Article XVII; provided, however, that such termination shall not modify any obligations of the Parties arising prior to such termin ation, including, without limitation, those obligations arising under Sections 6.1 through 6.4, 8.2 and 11.4. Section 18.3 A UTOMATIC RENEWAL OF TERM. Unless terminated earlier as otherwise contemplated herein, beginni ng January 1, 2046 this Agreement shall automatically renew on an annual basis and th e provision of service to Pulaski hereunder by Green Bay and Hobart shall remain subjec t to all applicable terms and conditions herein, including, without limita tion, Section 7.5, unless, on or before March 31 of any Fiscal Year, Pulaski informs Green Bay and Hobart in writing that it wishes to terminate the Agreement effective as of 11:59 p.m. on D ecember 31 of such Fiscal Year. In the event of such termination notice, the Parties agree to make all necessary filings with the PSC in order to effectuate such Agreement termination on a mutually satisfactory basis. ARTICLE XIX MISCELLANEOUS PROVISIONS Section 19.1 GOVERNING LAW AND VENUE. This Agreement and the rights of the Parties hereunder shall be interpreted and enforced in accordance with the laws of the State of Wisconsin. All actions involving breach of this Agreement shall be venued in Brown County, Wisconsin. Section 19.2 REGULATORY BODIES. The Parties through this Agreement seek to exercise and maintain all rights granted to them under and through the Constitution and laws of the State of Wisconsi n. This Agreement shall be subject to all valid rules, regulations, and laws applicable hereto pa ssed or promulgated by the United States of America, the State of Wisconsin, or any Governmental Authority having lawful jurisdiction; provided, however, that this clause shall not be construed as waiving the right of either Party to challenge the validity of such rule, regulation, or law on any basis, including the impairment of this Agreement. Section 19.3 C OMPLIANCE WITH LAWS AND ORDERS. In the event that any state or federal law or regulation, or any order issued by a Governmental Authority, prohibits one or both of the Parties from honor ing any provision of this Agreement, or any part thereof, the Parties shall promptly meet to discuss how they might satisfy the intent of this Agreement by alternative mean s. If, under such circumst ances and after good faith negotiations, the Parties are unable to reach a mutually acceptable written agreement to satisfy the intent of the Agreement, then th is Agreement shall be null and void and of no further legal effect. PAGE 54 -38- Section 19.4 LACK OF SEVERABILITY IN ABSENCE OF WRITTEN AMENDMENT. In the event that any provision of this Agreement, or any part thereof, is held by a court of competent jurisdiction or determined by the PS C or any other Governmental Authority to be invalid, ineffective or unenforceable, and in the reasonable opinion of either Party such event invalidates the purpose or intent of this Agreement, then the balance of this Agreement shall survive only to the extent that the Parties agree, in writing, to a mutually- satisfactory amendment by which they are able to satisfy the intent of this Agreement by alternative means. If, under such circumst ances and after good faith negotiations, the Parties are unable to reach such a mutually acceptable written amendment to satisfy the intent of the Agreement, then this Agreemen t shall be null and void and of no further legal effect. Section 19.5 C HANGES IN LAWS. Unless otherwise explicitly provided in this Agreement, any reference to laws, ordinances, rules, or regulations shall include such laws, ordinances, rules, or regulations as they ma y be amended or modifi ed from time-to-time hereafter. Section 19.6 ENTIRE AGREEMENT. This Agreement, including the Attachments hereto, contains the entire agreement between th e Parties with respect to the transactions contemplated by this Agreement and matters related thereto, and does hereby supersede and render null and void and of no further forc e or effect any and all prior agreements, drafts of agreements and understandings between the Parties. Section 19.7 ACCOUNTING AND AUDIT. The Parties shall have the right throughout the term of this Agreement, upon re asonable prior notice, to audit the other Party’s books and records to the limited extent necessary to verify the basis for any claim by either of the Parties for payments here under or to determin e the other Party’s compliance with the terms of this Agreement. The audited Party shall make such records available at its office during normal business hours and th e auditing Party shall reimburse the other Party for reasonable costs incurred by the audited Party by the audit, as supported by appropriate documentation. Section 19.8 INTERPRETATION. This Agreement shall be interpreted as though jointly drafted by the Parties. Section 19.9 H EADINGS. The headings, titles or captions contained in this Agreement have been inserted only as a matter of convenience and for reference, and such captions in no way define, limit, extend or describe the scope of this Agreement or the intent of any provision hereof. Section 19.10 ATTACHMENTS The Attachment attached he reto is, by this reference, incorporated herein. In case of any conflict between an Attachment to the Agreement and the text of this Agreement, the text of this Agreement shall control. PAGE 55 -39- Section 19.11 NO THIRD-PARTY BENEFICIARIES. Except as otherwise explicitly provided by this Agreement, this Agreement does not create any third-party benefits to any person or entity other than the Parties and is solely for the consideration herein expressed. Section 19.12 SUCCESSORS. This Agreement shall benefit and be binding upon the Parties’ successors and permitted assigns. Section 19.13 FURTHER ACTION. Each of the Parties agrees from time to time to execute and deliver such further instruments, and to take such further action not inconsistent with the provision of this Agreement, as may reasonably be necessary in order to fully perform and carry out the terms and intent of the Agreement. Section 19.14 AMENDMENTS. This Agreement may not be modified or amended except by a written instrument executed by the Parties hereto. Section 19.15 TIME IS OF THE ESSENCE. Time is of the esse nce in the performance of all terms and provisions of this Agreement. Section 19.16 EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be considered an original instrument, but all of which shall be considered one and the same Agreement. IN WITNESS WHEREOF , the parties hereto have by their duly authorized officers and representatives set their hands and affixed their seals on the date set forth below. Dated: ___________________ CITY OF GREEN BAY By:_________________________________ Eric Genrich, Mayor Attest: By:__________________________________ Celestine Jeffreys, Clerk PAGE 56 -40- Dated: ____________________ GREEN BA Y WATER COMMISSION By:________________________________ John C. Heugel President Attest: By:__________________________________ Tom Karman, Secretary-Treasurer Dated: ____________________ VILLAGE OF HOBART By:__________________________________ Richard Heidel, Village President Attest: By:__________________________________ Lisa Vanden Heuvel, Clerk Dated: _____________________ VILLAGE OF PULASKI By:__________________________________ Keith Chambers, Village President Attest: By:__________________________________ Jessica Giese, Deputy Clerk PAGE 57 -41- CITY OF GREEN BAY, VILLAGES OF HOBART AND PULASKI WHOLESALE WATER SERVICE AGREEMENT ATTACHMENT "A" CAPITAL PROJECTS YEAR 2025: Projected cost of design and constr uction of a booster station; pressure control station; 8.25 miles of 20-inch tran smission main; and associated chlorination equipment, meters, pumps, a nd valves: $15,373,913.00 (estimated). This cost is projected to cover all infrastructure; including but not lim ited to the two stations, treatment applications, construction of a 20-inch transmission main between the Hobart / Pulaski Point of Delivery and the Pulaski Point of Delivery, and all related fittings, valves, and engineering. AID IN CONSTRUCTION Green Bay Water Utility shall contribut e the sum of $1,330,000.00 to the Village of Pulaski as a non-repayable grant, when, after the award of construction, Pulaski has issued the notice to proceed. These funds will be used by Pulaski for capital expenses associated with this Project. POINTS OF DELIVERY 1. GREEN BAY / HOBART: 12-inch wate r main on Hillcrest Drive at the center of Duck Creek. 2. HOBART / PULASKI: Intersection of North Overland Road and Centerline Drive in Hobart. 3. PULASKI: Intersection of County "B " and Corporate Way in Pulaski. MINIMUM DAY WATER DEMAND (PULASKI) : Equal to an average daily use per calendar year of Three Hundred Thousand (300,000) Gallons Per Day. MAXIMUM DAY WATER DEMAND (PULASKI): One Million Seventy Five Thousand (1,075,000) Gallons. INITIAL VOLUME RATE : Wholesale Water Service shall be furnished to Pulaski by the Green Bay Water Utility at the initial volume rate of $2.98 per thousand gallons, subject to any intervening PSC rate increases. PAGE 58 -42- HOBART WATER CONVEYANCE CHARGE The initial fee to be charged to Pulaski by Hobart for the transmission of pot able water from the Green Bay Water Utility to Pulaski through the Hobart Waterworks System as a Water Conveyance Charge shall be at the initial volume rate of $0.50 per thousand gallons. PAGE 59 Page 1 of 1 MEMORANDUM TO: Village Administrator, Village Board FROM: Jerry Lancelle, Fire Chief RE: Replacement Thermal Imaging Cameras (TIC) DATE: December 2, 2025 BACKGROUND The Fire Departments two existing Thermal Imaging Cameras (TICs) have started to fail with one unit being taken out of service due to unreliable operation. There were no funds in 2025 reserved for the purchase of new TIC units as staff did not believe there was an issue with the current units when the 2025 budget was approved. Staff is recommending purchasing two new TIC units to replace the existing unreliable units with the increased funds realized in the 2% dues received in 2025. Staff have confirmed the TIC units are eligible expenses with 2% dues. Staff have received quotes for three different TIC units and secured three demo units to have firefighters use them in training exercises. Firefighters agreed on the FLIR unit for its clarity, handling, and functions while using the units in several training exercises. The three units evaluated were from Bullard, FLIR, and Seek. Prices received included truck mounted charging stations: Seek $4,699 each $10,590 – two units plus extended warranty(estimated) FLIR $4,854 each $9,708 - two units Bullard $6,270 each $12,540 - two units Each unit has a 5-year warranty on the camera and battery. Staff is recommending the purchase of two FLIR Thermal Imagining Cameras from Fire Safety USA for $9,988.00. REQUESTED MOTION To approve the purchase of two FLIR Thermal Imagining Cameras from Fire Safety USA (Rochester, MN) for $9,988.00, with funding for this purchase to come from the 2025 Fire Department 2% Dues (001-52200-067). PAGE 60 Estimate Date 11/20/2025 Estimate # 102057 Name / Address HOBART FIRE DEPARTMENT ACCOUNTS PAYABLE 2990 SOUTH PINE TREE ROAD ONEIDA, WI 54155 RYAN DEMARS FIRE SAFETY USA, INC 3253 19TH STREET NW ROCHESTER, MN 55901 Sales Rep STONE - Mark Stone, 715-684-9238, mark.stone@firesafetyusa.com Phone # 507-529-8444 Total Subtotal Sales Tax (0.0%) Item DescriptionQty Price Total TFLK55 FLIR K55 THERMAL IMAGE CAMERA KIT. INCLUDES, HARD CASE (2) LIO-LION BATTERIES, TABLE TOP CHARGER, LANYARD AND NECK STRAP. 2 4,325.00 8,650.00T TFLTC FLIR TRUCK CHARGER2 529.00 1,058.00T $9,708.00 $9,708.00 $0.00 PAGE 61 MEMORANDUM TO: Village Administrator, Village Board FROM: Jerry Lancelle, Fire Chief RE: Fire Hose Replacement DATE: December 2, 2025 The 2025 Fire Department Capital included $7,5 00 to purchase additional and replacement fire hose. Staff requested quotes to replace 1,700 feet of 1.75”. This hose will allow complete color keyed replacement hose for three different hose racks on various apparatus; this allows quick change out after incidents to clean and dry hose used during each incident. The quote attached is for 400’ of yellow, 550’ of black, and 750’ of green hose for $6,460.00 and with an additional $335 to purchase 2 hose rollers to aid in removing water from hoses, for a total of $6,795.00. Staff is recommending the purchase of the hose and rollers from Conway Shields REQUESTED MOTION To approve the purchase of 1,700 feet of fire hose and two (2) fire hose rollers from Conway Shields for $6,795. PAGE 62 From: Jim Henn To: Chief L Subject: Fwd: [External]Re: [External]Re: Key Hose Pricing Date: Thursday, October 30, 2025 8:36:04 AM ---------- Forwarded message --------- From: Kevin Moeller <kmoeller@conwayshield.com> Date: Wed, Oct 29, 2025 at 7:41 AM Subject: RE: [External]Re: [External]Re: Key Hose Pricing To: Jim Henn <jhenn1702@gmail.com > Hi Jim, Please see below: 1-3/4” x 50’ coupled Key ECO 10 hose (Yellow) $190.00/each x 8 = $1,520.00 1-3/4” x 50’ coupled Key ECO 10 hose (Black) $190.00/each x 11 = $2,090.00 1-3/4” x 50’ coupled Key ECO 10 hose (Green) $190.00/each x 15 = $2,850.00 Kochek 2 man hose roller # KHR-2-P18 $335.00 Kevin Moeller Sales Rep. NE WI & MI UP Conway Shield 14100 W Cleveland Ave. New Berlin, WI 53151 Cell: 920-609-1708 Email: Kmoeller@conwayshield.com Website: www.conwayshield.com PAGE 63 DRAFT INVOICE FireHoseDirect FireHoseDirect 115 Corporate Center Dr, Ste J, Mooresville, North Carolina 28117 sales@firehosedirect.com | 888-975-0858 https://www.firehosedirect.com/ SHIPPING ADDRESS James Henn +19205621257 jhenn1702@gmail.com 2703 South Pine Tree Road, Hobart, Wisconsin, 54155, United States Amount: $10,504.98 Invoice Number: #D14676 Order Date: 11/21/2025 Items Qty Price Subtotal Red 1 3/4" x 50' Double Jacket Hose (Alum 1 1/2" NH Couplings) SKU: 17D850RD 11 $292.78 $3,220.58 Yellow 1 3/4" x 50' Double Jacket Fire Hose (Alum 1 1/2" NH Couplings) SKU: 17D850YL 8 $293.13 $2,345.04 Blue 1 3/4" x 50' Double Jacket Fire Hose (Alum 1 1/2" NH Couplings) SKU: 17D850BL 15 $292.78 $4,391.70 Notes: IN STOCK Subtotal $9,957.32 Discount -$0.00 Shipping Standard Shipping $0.00 Tax $547.66 Grand total $10,504.98 PAYMENT INFORMATION James Henn 2703 South Pine Tree Road, Hobart, Wisconsin, 54155, United States Due to ongoing tariff discussions, we reserve the right to adjust our pricing as necessary. We appreciate your understanding as these changes evolve. PAGE 64 Page 1 of 1 MEMORANDUM TO: Village Administrator, Village Board FROM: Jerry Lancelle, Fire Chief RE: Trailer Purchase for UTV DATE: December 2, 2025 BACKGROUND The 2025 Fire Department Capital included $10,000 to purchase an enclosed trailer for the 2025 purchased UTV and rescue equipment. With the purchase of the new UTV, staff researched other department trailer purchases and layout for similar use for UTVs and rescue equipment. The result was a decision to purchase two trailers, one 8.5”x16’ to haul the UTV and associated wildland gear and equipment and a 6’X12” enclosed trailer to house and move the new water rescue gear and future confined space gear. Staff felt one trailer would have to be too large to practically store all three equipment groups. Staff has received a quote for an 8.5’ x16’ enclosed trailer in stock, however due to high turnover on stock trailers, staff would request Board approval to purchase the 8.5’x16’ trailer to not exceed $10,000 to allow the purchase of a trailer in stock at the time of purchase. If the trailer were to exceed $10,000, the additional funds would come from the Fire Department Donation fund. Staff would purchase the 6’x12 trailer also from in stock units and use the Donation fund for the full purchase of this trailer estimated at $4,900. Staff is recommending the purchase of an 8.5’x16’ enclosed trailer not to exceed $10,000 from the Capitol Fund. REQUESTED MOTION To approve the purchase of an 8.5’x16’ trailer from Mirsberger Sales and Service (Hilbert, WI) for $11,819.23, with funding for the purchase coming from the 2025 Capital Projects Fund, not to exceed $10,000, and the remaining balance to be funded by the Fire Department Donation Fund, and to approve the purchase of a 6x12 trailer from Badger Trailer and Power (Fond du Lac, WI) for $4,995, with funding for the purchase coming from the Fire Department Donation Fund. PAGE 65 Stock # 030861DEPERE VIN # 5WFBE1627TD030861 Year 2026 Manuf Stealth Enterprises, LLC Brand Stealth Model Pro Line Floorplan STEALTH ALUMINUM 8.5 X 16 V NOSE CARGO TRAILER Trailer Type Cargo Trailer Condition New Length 16' 0" Exterior WHITE GVWR 7,000 Dry Weight 2,335 Payload Capacity 5,000 Width 8' 6" Height 7' 0" Trailer Weight 2,335 Badger Trailer and Power 4346 Hwy 57 So De Pere, Wisconsin 54115 920-351-8845 https://www.badgertrailerandpower.com/ 2026 Stealth Pro Line STEALTH ALUMINUM 8.5 X 16 V NOSE CARGO TRAILER Specifications Description EXTREMELY AFORDABLE ALL ALUMINUM CARGO TRAILER, LIGHTER IN WEIGHT, AVOID RUST AND CORROSION MORE TYPICAL IN A STEEL FRAME TRAILER. FEATURES: 81"' Tall Rear Door Opening Standard Features: All-Aluminum Construction Integrated Frame 2"x4" Subframe Tubing 16" O/C Wall Studs 24" Rock guard Plastic Salem Vents (1) Interior Dome Light Aluminum Fenders 3" Exterior Trim .030 Screwless Skin OPTIONS: 6" EXTRA HEIGHT ( INTERIOR HEIGHT 83") REAR RAMP DOOR HEIGHT 81" MSRP $12,295.00 Price $10,495.00 Scan for more info! Sale Price $9,995.00 PAGE 66 All returns must be accompanied with the original sales receipt and in the original packaging within 30 days of purchase. All special order parts are subject to a 20% restocking fee. Custom parts/materials (including axles) ordered to specification, and freight charges are non-refundable. Notes MUNICIPAL LICENSE. 1 TIME $5 FEE PROVIDE S211 FORM FOR TAX EXEMPTION Type Item/Desc Qty Price Total Unit 5WFBC1629TD028898 2026 EZ HAULER ENCLOSED TRAILER SUPERLITE SERIES 8.5X16 CH XLT-P $10,995.00 SIDE DOOR CURBSIDE FRONT $0.00 3" ADDED TO BOX HEIGHT $0.00 $10,995.00 License Fee - License Fee 1 @ $5.00 $5.00 Title Fee - Title Fee 1 @ $214.50 $214.50 Sold by: Sam Wallander $11,819.23DEAL Order: CO-0005768 October 31, 2025 INVOICE# CO-0005768 WI, USA VILLAGE OF HOBART SOLD TO sales@mirsbergers.comE: (920) 853-3435P: Hilbert, WI, USA, 54129 1246 W. Main St. Mirsberger Sales & Service Inc. QUOTE (920) 869-3807P: $0.00Amount Paid $11,819.23Total $54.98County Tax - 0.5% $549.75State Tax - 5% $11,214.50Sub-Total $219.50Fees $10,995.00Units TOTALS $11,819.23Balance Due PAGE 67 Stock # 029260FONDY VIN # 5WFBE121XTD029260 Year 2026 Manuf Stealth Enterprises, LLC Brand Stealth Model Pro Line Floorplan STEALTH ALUMINUM 6 X 12 V NOSE CARGO TRAILER Trailer Type Cargo Trailer Condition New Length 6' 0" Exterior CHARCOAL GRAY GVWR 2,990 Dry Weight 1,100 Payload Capacity 1,890 Width 6' 0" Height 6' 6" Badger Trailer and Power 1140 S. Military Rd Fond du Lac, Wisconsin 54937 920-697-7413 https://www.badgertrailerandpower.com/ 2026 Stealth Pro Line STEALTH ALUMINUM 6 X 12 V NOSE CARGO TRAILER Specifications Description EXTREMELY AFORDABLE ALL ALUMINUM CARGO TRAILER, LIGHTER IN WEIGHT, AVOID RUST AND CORROSION MORE TYPICAL IN A STEEL FRAME TRAILER. FEATURES: 6' Tall Rear Door Opening Standard Features: All-Aluminum Construction Integrated Frame 2"x4" Subframe Tubing 16" O/C Wall Studs 24" Rock guard Plastic Salem Vents (1) Interior Dome Light Aluminum Fenders 3" Exterior Trim .030 Screwless Skin OPTIONS: 6" EXTRA HEIGHT REAR RAMP DOOR MSRP $6,595.00 Price $5,595.00 Badger Trailer and Power Logo Scan for more info! Sale Price $4,995.00 PAGE 68 Page 1 of 1 MEMORANDUM TO: Village Administrator, Village Board FROM: Jerry Lancelle, Public Works Director RE: 2026 Plow truck Chassis DATE: December 2, 2025 BACKGROUND The 2025 Capital budget included funds to replace the current 2007 International plow. Two RFPs were received and were quoted with the same options as close as possible between Brands. Staff will have the full RFP and specifications available at the meeting. Of the RFPs requested, staff is recommending the approval for the 2027 model year Freightliner 114SD, this unit is not the lowest priced, however staff feels this unit will provide a safer and easier chassis for the future plow package and unit in whole. The 114SD has improved sight views from the cab for the operator and improved placement of chassis equipment. This will also match two of our existing units for ease of service and parts inventory. The Freightliner chassis quoted at $131,900.00 is within the approved total budgeted funds of $140,000 for the chassis, with the estimated cost of $175,000.00 for the plow package which will be purchased in early 2026. REQUESTED MOTION To approve the purchase of the 2027 Freightliner 114SD Chassis from Truck City of Wisconsin (Kaukauna, WI) for $131,900.00, with funding to come from the Capital Projects Fund. PAGE 69 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. HOBART VILLAGE OF TRUCK CTY OF WISCONSIN, INC. Jay Szymanski Freightliner 114SD Plus A proposal for Prepared by November 07, 2025 Components shown may not reflect all spec'd options and are not to scale HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 1 of 1 09:04 AM PAGE 70 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. S P E C I F I C A T I O N P R O P O S A L Data Code Description Price Level PRL-30D SD PRL-30D (EFF:MY27 ORDERS) Data Version DRL-013 SPECPRO21 DATA RELEASE VER 013 Vehicle Configuration 001-177 114SD PLUS CONVENTIONAL CHASSIS 004-227 2027 MODEL YEAR SPECIFIED 002-004 SET BACK AXLE - TRUCK 019-008 TOWING PROVISION AT END OF FRAME WITH SAE J560, WITHOUT END OF FRAME AIR CONNECTIONS 003-001 LH PRIMARY STEERING LOCATION General Service AA1-002 TRUCK CONFIGURATION AA6-002 DOMICILED, USA 50 STATES (EPA CLEAN IDLE LABEL OR NO CLEAN IDLE REQUIRED) 99D-027 EPA CLEAN IDLE LABEL - (INCLUDES 6X4 INCH LABEL ON LOWER FORWARD OF DRIVER DOOR) A85-011 CONSTRUCTION SERVICE A84-1GM GOVERNMENT BUSINESS SEGMENT AA4-003 DRY BULK COMMODITY AA5-002 TERRAIN/DUTY: 100% (ALL) OF THE TIME, IN TRANSIT, IS SPENT ON PAVED ROADS AB1-008 MAXIMUM 8% EXPECTED GRADE AB5-001 SMOOTH CONCRETE OR ASPHALT PAVEMENT - MOST SEVERE IN-TRANSIT (BETWEEN SITES) ROAD SURFACE 995-1A0 FREIGHTLINER SD VOCATIONAL WARRANTY A66-99D EXPECTED FRONT AXLE(S) LOAD 20000.0 lbs HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 1 of 19 09:04 AM PAGE 71 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description A68-99D EXPECTED REAR DRIVE AXLE(S) LOAD 25580.0 lbs A67-99D EXPECTED PUSHER AXLE(S) LOAD 0.0 lbs A63-99D EXPECTED GROSS VEHICLE WEIGHT CAPACITY 45580.0 lbs Truck Service AA3-018 FRONT PLOW/END DUMP BODY AF3-2BA TRUCK EQUIPMENT SALES Engine 101-3BU CUM L9 370 HP @ 2100 RPM; 2100 GOV RPM, 1250 LB-FT @ 1200 RPM Electronic Parameters 79A-067 67 MPH ROAD SPEED LIMIT 79B-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD SPEED LIMIT 79K-014 PTO MODE ENGINE RPM LIMIT - 1800 RPM 79U-007 PTO GOVERNOR RAMP RATE - 250 RPM PER SECOND 79W-025 CRUISE CONTROL BUTTON PTO CONTROL AND ONE REMOTE PTO SPEED 79X-005 PTO SPEED 1 SETTING - 900 RPM 80E-001 ENGINE FAN ENABLED WITH RETARDER 80G-015 PTO MINIMUM RPM - 800 80J-002 REGEN INHIBIT SPEED THRESHOLD - 5 MPH 80S-004 PTO 1, DASH SWITCH, ENGAGE WHILE DRIVING 80V-004 ENGINE MOUNT PTO, TEM SUPPLIED REQUEST Engine Equipment 99C-024 EPA 2010/GHG 2024 CONFIGURATION 13E-001 STANDARD OIL PAN 105-001 ENGINE MOUNTED OIL CHECK AND FILL HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 2 of 19 09:04 AM PAGE 72 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 014-1B5 SIDE OF HOOD AIR INTAKE WITH DONALDSON HIGH CAPACITY AIR CLEANER WITH SAFETY ELEMENT, FIREWALL MOUNTED 124-1D7 DR 12V 160 AMP 28-SI QUADRAMOUNT PAD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE 292-235 (2) DTNA GENUINE, FLOODED STARTING, MIN 2000CCA, 370RC, THREADED STUD BATTERIES 290-017 BATTERY BOX FRAME MOUNTED 281-001 STANDARD BATTERY JUMPERS 282-001 SINGLE BATTERY BOX FRAME MOUNTED LH SIDE UNDER CAB 291-017 WIRE GROUND RETURN FOR BATTERY CABLES WITH ADDITIONAL FRAME GROUND RETURN 289-001 NON-POLISHED BATTERY BOX COVER 293-058 NON-ESSENTIAL POSITIVE LOAD DISCONNECT, IN CAB CONTROL SWITCH MOUNTED OUTBOARD OF DRIVER SEAT 306-015 PROGRESSIVE LOW VOLTAGE DISCONNECT AT 12.3 VOLTS FOR DESIGNATED CIRCUITS 107-032 CUMMINS TURBOCHARGED 18.7 CFM AIR COMPRESSOR WITH INTERNAL SAFETY VALVE 152-041 ELECTRONIC ENGINE INTEGRAL SHUTDOWN PROTECTION SYSTEM 128-076 CUMMINS ENGINE INTEGRAL BRAKE WITH VARIABLE GEOMETRY TURBO ON/OFF 016-1C2 RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B- PILLAR MOUNTED VERTICAL TAILPIPE 28F-014 ENGINE AFTERTREATMENT DEVICE, AUTOMATIC OVER THE ROAD REGENERATION AND VIRTUAL REGENERATION REQUEST SWITCH IN CLUSTER 239-032 11 FOOT 00 INCH (132 INCH+0/-5.9 INCH) EXHAUST SYSTEM HEIGHT 233-017 STANDARD CURVE BRIGHT UPPER STACK(S) 237-1CR RH CURVED VERTICAL TAILPIPE B-PILLAR MOUNTED ROUTED FROM STEP 23U-001 6 GALLON DIESEL EXHAUST FLUID TANK 30N-003 100 PERCENT DIESEL EXHAUST FLUID FILL HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 3 of 19 09:04 AM PAGE 73 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP MOUNTING 43X-002 LH MEDIUM DUTY STANDARD DIESEL EXHAUST FLUID TANK LOCATION 43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP 242-001 STAINLESS STEEL AFTERTREATMENT DEVICE/MUFFLER/TAILPIPE SHIELD 273-058 AIR POWERED ON/OFF ENGINE FAN CLUTCH 276-001 AUTOMATIC FAN CONTROL WITHOUT DASH SWITCH, NON ENGINE MOUNTED 110-003 CUMMINS SPIN ON FUEL FILTER 118-008 COMBINATION FULL FLOW/BYPASS OIL FILTER 120-998 NO COOLANT FILTER 266-017 1300 SQUARE INCH ALUMINUM RADIATOR 103-039 ANTIFREEZE TO -34F, OAT (NITRITE AND SILICATE FREE) EXTENDED LIFE COOLANT 171-007 GATES BLUE STRIPE COOLANT HOSES OR EQUIVALENT 172-001 CONSTANT TENSION HOSE CLAMPS FOR COOLANT HOSES 270-016 RADIATOR DRAIN VALVE 360-016 1310 ADAPTER FLANGE FOR FRONT PTO PROVISION 138-011 PHILLIPS-TEMRO 1000 WATT/115 VOLT BLOCK HEATER 140-022 CHROME ENGINE HEATER RECEPTACLE MOUNTED UNDER LH DOOR 132-004 ELECTRIC GRID AIR INTAKE WARMER 155-058 DELCO 12V 38MT HD STARTER WITH INTEGRATED MAGNETIC SWITCH Transmission 342-582 ALLISON 3000 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION Transmission Equipment HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 4 of 19 09:04 AM PAGE 74 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 343-339 ALLISON VOCATIONAL PACKAGE 223 - AVAILABLE ON 3000/4000 PRODUCT FAMILIES WITH VOCATIONAL MODELS RDS, HS, MH AND TRV 84B-002 ALLISON VOCATIONAL RATING FOR CONCRETE MIXER APPLICATIONS ONLY AVAILABLE WITH 3000 PRODUCT FAMILIES 84C-023 PRIMARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 6, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84D-020 SECONDARY MODE GEARS, LOWEST GEAR 1, START GEAR 1, HIGHEST GEAR 3, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84E-017 S5 PERFORMANCE LIMITING PRIMARY SHIFT SCHEDULE, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84F-016 S5 PERFORMANCE LIMITING SECONDARY SHIFT SCHEDULE, AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84G-013 2100 RPM PRIMARY MODE SHIFT SPEED 84H-013 2100 RPM SECONDARY MODE SHIFT SPEED 84K-002 2ND GEAR ENGINE BRAKE ALTERNATE PRESELECT WITH MODERATE DOWNSHIFT STRATEGY 84N-004 FUEL SENSE 2.0 PLUS - DYNACTIVE: PERFORMANCE, NEUTRAL AT STOP: ACTIVE 84U-000 DRIVER SWITCH INPUT - DEFAULT - NO SWITCHES 84V-001 DIRECTION CHANGE ENABLED WITH MULTIPLEXED SERVICE BRAKES - ALLISON 5TH GEN TRANSMISSIONS 85E-009 MAXIMUM ENGINE SPEED FOR PTO ENGAGEMENT 900 RPM 85F-046 MAXIMUM ENGINE SPEED FOR PTO OPERATION 2600 RPM 85G-009 MAXIMUM OUTPUT SPEED FOR PTO ENGAGEMENT 250 RPM 85H-059 MAXIMUM OUTPUT SPEED FOR PTO OPERATION 1500 RPM - ALLISON 5TH GEN TRANSMISSIONS 353-074 QUICKFIT BODY LIGHTING CONNECTOR UNDER CAB, WITH BLUNTCUTS 34C-011 ELECTRONIC TRANSMISSION WIRING TO CUSTOMER INTERFACE CONNECTOR 362-2JT CUSTOMER INSTALLED CHELSEA 281 SERIES PTO HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 5 of 19 09:04 AM PAGE 75 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 363-001 PTO MOUNTING, LH SIDE OF MAIN TRANSMISSION ALLISON 341-018 MAGNETIC PLUGS, ENGINE DRAIN, TRANSMISSION DRAIN, AXLE(S) FILL AND DRAIN 345-003 PUSH BUTTON ELECTRONIC SHIFT CONTROL, DASH MOUNTED 97G-004 TRANSMISSION PROGNOSTICS - ENABLED 2013 370-015 WATER TO OIL TRANSMISSION COOLER, IN RADIATOR END TANK 346-003 TRANSMISSION OIL CHECK AND FILL WITH ELECTRONIC OIL LEVEL CHECK 35T-001 ATF-SYNTHETIC AUTOMATIC TRANSMISSION FLUID Front Axle and Equipment 400-1BB DETROIT DA-F-20.0-5 20,000# FL1 71.0 KPI/3.74 DROP SINGLE FRONT AXLE 402-013 MERITOR 16.5X6 Q+ CAST SPIDER HEAVY DUTY CAM FRONT BRAKES, DOUBLE ANCHOR, FABRICATED SHOES 403-002 NON-ASBESTOS FRONT BRAKE LINING 419-001 CAST IRON OUTBOARD FRONT BRAKE DRUMS 427-001 FRONT BRAKE DUST SHIELDS 409-006 FRONT OIL SEALS 408-001 VENTED FRONT HUB CAPS WITH WINDOW, CENTER AND SIDE PLUGS - OIL 416-022 STANDARD SPINDLE NUTS FOR ALL AXLES 405-002 MERITOR AUTOMATIC FRONT SLACK ADJUSTERS 406-001 STANDARD KING PIN BUSHINGS 536-055 TRW THP-60 POWER STEERING WITH RCH45 AUXILIARY GEAR 539-003 POWER STEERING PUMP 534-003 4 QUART POWER STEERING RESERVOIR 533-001 OIL/AIR POWER STEERING COOLER HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 6 of 19 09:04 AM PAGE 76 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 40T-002 CURRENT AVAILABLE SYNTHETIC 75W-90 FRONT AXLE LUBE Front Suspension 620-025 20,000# TAPERLEAF FRONT SUSPENSION 619-005 MAINTENANCE FREE RUBBER BUSHINGS - FRONT SUSPENSION 410-001 FRONT SHOCK ABSORBERS Rear Axle and Equipment 420-022 MERITOR RS-26-185 26,000# T-SERIES SINGLE REAR AXLE 421-586 5.86 REAR AXLE RATIO 424-001 IRON REAR AXLE CARRIER WITH STANDARD AXLE HOUSING 386-073 MXL 17T MERITOR EXTENDED LUBE MAIN DRIVELINE WITH HALF ROUND YOKES 452-001 DRIVER CONTROLLED TRACTION DIFFERENTIAL - SINGLE REAR AXLE 878-018 (1) DRIVER CONTROLLED DIFFERENTIAL LOCK REAR VALVE FOR SINGLE DRIVE AXLE 87B-028 INDICATOR LIGHT FOR EACH DIFFERENTIAL LOCKOUT SWITCH, ENGAGE AT SPEEDS 5 MPH OR LESS, DISENGAGE W/IGN OFF OR SPEEDS EXCEEDING 15 MPH 423-010 MERITOR 16.5X7 P CAST SPIDER CAM REAR BRAKES, DOUBLE ANCHOR, CAST SHOES 433-002 NON-ASBESTOS REAR BRAKE LINING 434-011 BRAKE CAMS AND CHAMBERS ON FORWARD SIDE OF DRIVE AXLE(S) 451-030 WEBB HEAVY WEIGHT CAST IRON REAR BRAKE DRUMS 425-002 REAR BRAKE DUST SHIELDS 440-006 REAR OIL SEALS 426-100 WABCO TRISTOP D LONGSTROKE 1-DRIVE AXLE SPRING PARKING CHAMBERS 428-003 HALDEX AUTOMATIC REAR SLACK ADJUSTERS HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 7 of 19 09:04 AM PAGE 77 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 41T-002 CURRENT AVAILABLE SYNTHETIC 75W-90 REAR AXLE LUBE 42T-001 STANDARD REAR AXLE BREATHER(S) Rear Suspension 622-1DC 26,000# FLAT LEAF SPRING REAR SUSPENSION WITH HELPER AND RADIUS ROD 621-001 SPRING SUSPENSION - NO AXLE SPACERS 431-001 STANDARD AXLE SEATS IN AXLE CLAMP GROUP 623-005 FORE/AFT CONTROL RODS Pusher / Tag Equipment 429-998 NO PUSHER/TAG BRAKE DUST SHIELDS Brake System 490-100 WABCO 4S/4M ABS 871-001 REINFORCED NYLON, FABRIC BRAID AND WIRE BRAID CHASSIS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE 412-001 STANDARD BRAKE SYSTEM VALVES 46D-002 STANDARD AIR SYSTEM PRESSURE PROTECTION SYSTEM 413-002 STD U.S. FRONT BRAKE VALVE 432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, NO REAR PROPORTIONING VALVE 480-009 BW AD-9 BRAKE LINE AIR DRYER WITH HEATER 479-005 AIR DRYER MOUNTED INBOARD ON RH RAIL 460-008 STEEL AIR BRAKE RESERVOIRS MOUNTED INSIDE RAIL* IF TANKS DO NOT FIT IN RAIL, PERPENDICULAR TANKS MOUNTED OURSIDE RAIL RHS FORWARD OF SUSPENSION WILL WORK. 460-078 477-011 PETCOCK DRAIN VALVES ON ALL AIR TANK(S) Trailer Connections HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 8 of 19 09:04 AM PAGE 78 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 476-998 NO AIR HOSE HANGER 296-010 PRIMARY CONNECTOR/RECEPTACLE WIRED FOR SEPARATE STOP/TURN, ABS CENTER PIN POWERED THROUGH IGNITION * ELECTRIC TRAILER PRE-WIRE BLUNT CUTS UNDER STEERING COLUMN AND END OF FRAME. 303-028 SAE J560 7-WAY PRIMARY TRAILER CABLE RECEPTACLE TEMPORARY TIED & COILED IN CHASSIS END OF FRAME WITH 6' ADDITIONAL; NO BRACKETS Wheelbase & Frame 545-437 4375MM (172 INCH) WHEELBASE 546-1B2 1/2X3.64X11-7/8 INCH STEEL FRAME (12.7MMX301.6MM/0.5X11.88 INCH) 120KSI N 547-034 PARTIAL INNER FRAME REINFORCEMENT AT FRONT SUSPENSION 548-803 TEM TO EVALUATE AND INSTALL FRAME RAIL REINFORCEMENT AS NEEDED FOR FRONT FRAME MOUNTED EQUIPMENT 552-157 1150MM (45 INCH) REAR FRAME OVERHANG 55W-004 FRAME OVERHANG RANGE: 41 INCH TO 50 INCH 549-002 24 INCH INTEGRAL FRONT FRAME EXTENSION AC8-99D CALC'D BACK OF CAB TO REAR SUSP C/L (CA) 106.69 in AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L (CA) 103.69 in AE4-99D CALC'D FRAME LENGTH - OVERALL 287.15 in FSS-0LH CALCULATED FRAME SPACE LH SIDE 60.04 in FSS-0RH CALCULATED FRAME SPACE RH SIDE 74.07 in AM6-99D CALC'D SPACE AVAILABLE FOR DECKPLATE 0.0 in 553-001 SQUARE END OF FRAME 587-003 REAR TOW HOOKS 550-001 FRONT CLOSING CROSSMEMBER HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 9 of 19 09:04 AM PAGE 79 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 559-001 STANDARD WEIGHT ENGINE CROSSMEMBER 562-001 STANDARD MIDSHIP #1 CROSSMEMBER(S) 572-001 STANDARD REARMOST CROSSMEMBER 565-001 STANDARD SUSPENSION CROSSMEMBER Chassis Equipment 556-1E5 14 INCH PAINTED STEEL BUMPER 558-001 FRONT TOW HOOKS - FRAME MOUNTED 574-001 BUMPER MOUNTING FOR SINGLE LICENSE PLATE 585-998 NO MUDFLAP BRACKETS 590-998 NO REAR MUDFLAPS 551-007 GRADE 8 THREADED HEX HEADED FRAME FASTENERS 44Z-002 EXTERIOR HARNESSES WRAPPED IN ABRASION TAPE Fifth Wheel 578-998 NO FIFTH WHEEL Fuel Tanks 204-154 80 GALLON/302 LITER ALUMINUM FUEL TANK - LH 218-006 25 INCH DIAMETER FUEL TANK(S) 215-007 PLAIN ALUMINUM/PAINTED STEEL FUEL/HYDRAULIC TANK(S) WITH POLISHED STAINLESS STEEL BANDS 212-007 FUEL TANK(S) FORWARD 664-001 PLAIN STEP FINISH 205-002 CHROME FUEL TANK CAP(S) 122-1H3 DETROIT FUEL/WATER SEPARATOR WITH WATER IN FUEL SENSOR 216-020 EQUIFLO INBOARD FUEL SYSTEM HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 10 of 19 09:04 AM PAGE 80 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 202-016 HIGH TEMPERATURE REINFORCED NYLON FUEL LINE Tires 093-1YU CONTINENTAL HAU 3 WT 315/80R22.5 20 PLY RADIAL FRONT TIRES 094-2E4 CONTINENTAL HDW2 11R22.5 16 PLY RADIAL REAR TIRES Hubs 418-060 CONMET PRESET PLUS PREMIUM IRON FRONT HUBS 450-060 CONMET PRESET PLUS PREMIUM IRON REAR HUBS Wheels 502-664 ALCOA ULTRA ONE 89U63X 22.5X9.00 10-HUB PILOT 3.12 INSET 10-HD ALUMINUM FRONT WHEELS 505-1HB ALCOA 88167X 22.5X8.25 10-HUB PILOT ALUMINUM DISC REAR WHEELS 496-011 FRONT WHEEL MOUNTING NUTS 497-011 REAR WHEEL MOUNTING NUTS Cab Exterior 829-1A2 114 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB 650-008 AIR CAB MOUNTING 648-002 NONREMOVABLE BUGSCREEN MOUNTED BEHIND GRILLE 667-037 SHORT FENDER WITH MUDFLAP 754-017 BOLT-ON MOLDED FLEXIBLE FENDER EXTENSIONS 678-018 LH AND RH EXTERIOR GRAB HANDLES WITH SINGLE RUBBER INSERT 645-002 BRIGHT FINISH RADIATOR SHELL/HOOD BEZEL 646-042 STATIONARY BLACK GRILLE WITH BRIGHT ACCENTS 65X-003 CHROME HOOD MOUNTED AIR INTAKE GRILLE 644-004 FIBERGLASS HOOD HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 11 of 19 09:04 AM PAGE 81 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 652-001 FREIGHTLINER NAME PLATES 690-017 HOOD LINER, ADDED FIREWALL AND FLOOR HEAT INSULATION 727-066 DUAL 26 INCH RECTANGULAR POLISHED ALUMINUM AIR HORNS ROOF MOUNTED 726-001 SINGLE ELECTRIC HORN 728-002 DUAL HORN SHIELDS 575-001 REAR LICENSE PLATE MOUNT END OF FRAME 312-067 HALOGEN COMPOSITE HEADLAMPS WITH BRIGHT BEZELS 302-047 LED AERODYNAMIC MARKER LIGHTS 314-824 WIRING AND SWITCH FOR CUSTOMER FURNISHED SNOW PLOW LAMPS WITH DUAL CONNECTIONS AT BUMPER 311-021 HEADLIGHTS ON WITH WIPERS, NO DAYTIME RUNNING LIGHTS 294-001 INTEGRAL STOP/TAIL/BACKUP LIGHTS 300-015 STANDARD FRONT TURN SIGNAL LAMPS 744-1BC DUAL WEST COAST BRIGHT FINISH HEATED MIRRORS WITH LH AND RH REMOTE 797-001 DOOR MOUNTED MIRRORS 796-001 102 INCH EQUIPMENT WIDTH 743-204 LH AND RH 8 INCH BRIGHT FINISH CONVEX MIRRORS MOUNTED UNDER PRIMARY MIRRORS 74A-001 RH DOWN VIEW MIRROR 74B-1B4 RH AND LH 8 INCH HEATED STAINLESS STEEL FENDER MOUNTED CONVEX MIRRORS WITH TRIPOD BRACKETS 729-001 STANDARD SIDE/REAR REFLECTORS 677-054 RH AFTERTREATMENT SYSTEM CAB ACCESS WITH PLAIN DIAMOND PLATE COVER 764-010 COMPOSITE EXTERIOR SUN VISOR HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 12 of 19 09:04 AM PAGE 82 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 768-043 63X14 INCH TINTED REAR WINDOW 661-004 TINTED DOOR GLASS LH AND RH WITH TINTED OPERATING WING WINDOWS 654-011 RH AND LH ELECTRIC POWERED WINDOWS 769-002 LOWER RH DOOR WINDOW WITH FRESNEL LENS 663-029 1-PIECE BONDED HEATED WIPER PARK SOLAR GREEN GLASS WINDSHIELD 659-019 2 GALLON WINDSHIELD WASHER RESERVOIR WITHOUT FLUID LEVEL INDICATOR, FRAME MOUNTED 647-001 WHITE WINTERFRONT Cab Interior 055-018 ELITE TRIM PACKAGE 707-106 MIST CLOTH & CARBON VINYL INTERIOR "ELITE" 70K-019 CARBON WITH PREMIUM WOOD ACCENT (ELITE) 706-013 MOLDED DOOR PANEL 708-013 MOLDED PLASTIC DOOR PANEL 772-006 BLACK MATS WITH SINGLE INSULATION 785-034 ASH CUP AND (1)LIGHTER, (1)12V POWER OUTLET, (1)DASH MTD DUAL USB-C OUTLET 691-001 FORWARD ROOF MOUNTED CONSOLE 696-012 CENTER STORAGE CONSOLE MOUNTED ON BACKWALL 693-036 LH DOOR STORAGE POCKET 738-021 DIGITAL ALARM CLOCK IN DRIVER DISPLAY 742-007 (2) CUP HOLDERS LH AND RH DASH 680-029 M2/SD DASH 720-003 5 LB. FIRE EXTINGUISHER 700-002 HEATER, DEFROSTER AND AIR CONDITIONER HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 13 of 19 09:04 AM PAGE 83 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 701-008 STANDARD HVAC DUCTING WITH SNOW SHIELD FOR FRESH AIR INTAKE 703-005 MAIN HVAC CONTROLS WITH RECIRCULATION SWITCH 170-045 STANDARD HEATER PLUMBING WITH BALL SHUTOFF VALVES AT SUPPLY LINES ONLY 130-041 VALEO HEAVY DUTY A/C REFRIGERANT COMPRESSOR 702-002 BINARY CONTROL, R-134A 739-034 PREMIUM INSULATION 285-013 SOLID-STATE CIRCUIT PROTECTION AND FUSES 280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM 324-1B2 PREMIUM LED CAB LIGHTING 787-998 NO SECURITY DEVICE 657-1A1 ALL UNIT(S) KEYED ALIKE WITH CUSTOMER SPECIFIED KEY NUMBER FT1014 78G-003 KEY QUANTITY OF 3 655-005 LH AND RH ELECTRIC DOOR LOCKS 740-998 NO MATTRESS 722-002 TRIANGULAR REFLECTORS WITHOUT FLARES 756-340 ELITE ISRINGHAUSEN HIGH BACK AIR SUSPENSION DRIVERS SEAT W/2 AIR LUMBAR, INTEGRATED CUSHION EXTENSION, TILT, ADJUSTABLE SHOCK, HEAT 760-335 BASIC ISRI HIGH BACK NON SUSPENSION PASSENGER SEAT 759-006 DUAL DRIVER SEAT ARMRESTS AND INBOARD PASSENGER SEAT ARMREST 711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS 758-014 BLACK CORDURA PLUS CLOTH DRIVER SEAT COVER 761-014 BLACK CORDURA PLUS CLOTH PASSENGER SEAT COVER HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 14 of 19 09:04 AM PAGE 84 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 763-101 BLACK SEAT BELTS 532-002 ADJUSTABLE TILT AND TELESCOPING STEERING COLUMN 540-070 4-SPOKE 18 INCH (450MM) LEATHER WRAPPED STEERING WHEEL WITH CHROME SWITCH BEZELS 765-002 DRIVER AND PASSENGER INTERIOR SUN VISORS Instruments & Controls 106-002 ELECTRONIC ACCELERATOR CONTROL 732-998 NO INSTRUMENT PANEL-DRIVER 734-022 FULLY CONFIGURABLE CENTER INSTRUMENT PANELS 87L-001 ENGINE REMOTE INTERFACE WITH PARK BRAKE INTERLOCK 870-002 BRIGHT ARGENT FINISH GAUGE BEZELS 486-001 LOW AIR PRESSURE INDICATOR LIGHT AND AUDIBLE ALARM 840-001 DUAL NEEDLE PRIMARY AND SECONDARY AIR PRESSURE GAUGE 198-025 INTAKE MOUNTED AIR RESTRICTION INDICATOR WITHOUT GRADUATIONS 149-015 ELECTRONIC CRUISE CONTROL WITH CONTROLS ON STEERING WHEEL SPOKES 156-007 KEY OPERATED IGNITION SWITCH AND INTEGRAL START POSITION; 4 POSITION OFF/RUN/START/ACCESSORY 811-044 PREMIUM INSTRUMENT CLUSTER WITH 5.0 INCH TFT COLOR DISPLAY 81B-003 DIGITAL PANEL LAMP DIMMER SWITCH IN DRIVER DISPLAY 160-038 HEAVY DUTY ONBOARD DIAGNOSTICS INTERFACE CONNECTOR LOCATED BELOW LH DASH 844-001 2 INCH ELECTRIC FUEL GAUGE 148-072 ENGINE REMOTE INTERFACE WITH ONE OR MORE SET SPEEDS 48H-002 QUICKFIT POWERTRAIN INTERFACE CONNECTOR LOCATED BETWEEN SEATS WITH BLUNTCUTS HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 15 of 19 09:04 AM PAGE 85 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 4CG-006 6 EXTRA PROGRAMMABLE SWITCHES/INDICATORS* $C1A0230ZZ,C1B0192ZZ,C1C0206ZZ,C1D0205ZZ,C1E021 2ZZ,C1F0082ZZ 48C-002 QUICKFIT PROGRAMMABLE INTERFACE CONNECTOR(S) BETWEEN SEATS WITH BLUNTCUTS 866-018 DIGITAL SINGLE REAR AXLE TEMPERATURE IN DRIVER DISPLAY WITH SENSOR SHIELD 856-001 ELECTRICAL ENGINE COOLANT TEMPERATURE GAUGE 852-002 ELECTRIC ENGINE OIL PRESSURE GAUGE 864-001 2 INCH TRANSMISSION OIL TEMPERATURE GAUGE 867-004 ELECTRONIC OUTSIDE TEMPERATURE SENSOR DISPLAY IN DRIVER MESSAGE CENTER 830-017 ENGINE AND TRIP HOUR METERS INTEGRAL WITHIN DRIVER DISPLAY 372-123 PTO CONTROLS FOR ENHANCED VEHICLE ELECTRIC/ELECTRONIC ARCHITECTURE 736-998 NO OBSTACLE DETECTION SYSTEM 72J-998 NO DR ASSIST SYSTEM 49B-998 NO VEHICLE STABILITY ADVISOR OR CONTROL 73B-998 NO LANE DEPARTURE WARNING SYSTEM 679-998 NO OVERHEAD INSTRUMENT PANEL 35M-011 1 QUIKFIT PROGRAMABLE MODULE (QPM/XMC) W/ (4) 20AMP FUSED RELAYS 746-143 7" B-PANEL INTERACTIVE TOUCHSCREEN DISPLAY RADIO W/ USB-C, APPLE CARPLAY, ANDROID AUTO, BLUETOOTH/AM/FM/SXM/WB, WITH MICROPHONE 747-001 DASH MOUNTED RADIO 750-002 (2) RADIO SPEAKERS IN CAB 753-998 NO AM/FM RADIO ANTENNA 748-006 POWER AND GROUND WIRING PROVISION OVERHEAD 749-001 ROOF/OVERHEAD CONSOLE CB RADIO PROVISION HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 16 of 19 09:04 AM PAGE 86 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 75W-006 SHARKFIN MULTI-BAND ANTENNA, CENTRAL ROOF MOUNTING LOCATION: AM/FM/WEATHERBAND, WIFI/BLUETOOTH, SDAR/SIRIUSXM, GNSS/GPS 78C-003 INTEROPERABLE SDAR ANTENNA 810-027 ELECTRONIC MPH SPEEDOMETER WITH SECONDARY KPH SCALE, WITHOUT ODOMETER 817-001 STANDARD VEHICLE SPEED SENSOR 812-001 ELECTRONIC 3000 RPM TACHOMETER 813-1C8 DETROIT CONNECT PLATFORM HARDWARE 8D1-313 3 YEARS DAIMLER CONNECTIVITY BASE PACKAGE ON (FEATURES VARY BY MODEL) POWERED BY DETROIT CONNECT ON CUMMINS ENGINES 6TS-005 TMC RP1226 ACCESSORY CONNECTOR LOCATED BEHIND PASSENGER SIDE REMOVEABLE DASH PANEL 162-002 IGNITION SWITCH CONTROLLED ENGINE STOP 4E1-004 8 SWITCH SLOTS, DRIVER OVERHEAD CONSOLE 81Y-005 PRE-TRIP INSPECTION FEATURE FOR EXTERIOR LAMPS ONLY 264-030 (1) OVERHEAD MOUNTED LANYARD CONTROL FOR DRIVER AIR HORN 883-998 NO TRAILER HAND CONTROL BRAKE VALVE 842-006 DIGITAL TURBO AIR PRESSURE IN DRIVER DISPLAY 836-015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH DRIVER DISPLAY 660-001 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR WITH DELAY AND ARCTIC TYPE BLADES 304-030 ROTARY HEADLAMP SWITCH, MARKER LIGHTS/HEADLIGHTS SWITCH WITH PULL OUT FOR OPTIONAL FOG/ROAD LAMPS 882-009 ONE VALVE PARKING BRAKE SYSTEM WITH WARNING INDICATOR 299-020 SELF CANCELING TURN SIGNAL SWITCH WITH DIMMER, HEADLAMP FLASH, WASH/WIPE/INTERMITTENT 298-046 INTEGRAL ELECTRONIC TURN SIGNAL FLASHER WITH 40 AMP (20 AMP PER SIDE) TRAILER LAMP CAPACITY HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 17 of 19 09:04 AM PAGE 87 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Data Code Description 87T-998 NO WRG/SW-OPTL #2,CHAS,AIR Design 065-000 PAINT: ONE SOLID COLOR Color 980-6KK CAB COLOR A: L6389EY OMAHA ORANGE ELITE EY 986-020 BLACK, HIGH SOLIDS POLYURETHANE CHASSIS PAINT 964-020 STANDARD BLACK BUMPER PAINT 976-995 SUNVISOR PAINTED SAME AS CAB COLOR A 963-003 STANDARD E COAT/UNDERCOATING Certification / Compliance 996-001 U.S. FMVSS CERTIFICATION, EXCEPT SALES CABS AND GLIDER KITS Secondary Factory Options 998-033 CORPORATE PDI CENTER IN-SERVICE AND OPTION INSTALLATION/MODIFICATION * QUOTE # 6927TH RELOCATE ALLISON SHIFTER TO TOWER BETWEEN SEATS AT CUSTOM TRUCK SERVICE Other Factory Charges PMV-024 GHG24 SURCHARGE - CUMMINS RD1-313 3 YEARS DAIMLER CONNECTIVITY BASE PACKAGE ON (FEATURES VARY BY MODEL) POWERED BY DETROIT CONNECT ON CUMMINS ENGINES RD3-998 NO SAFETY EVENT VIEWER RAG-020 CUMMINS TARIFF CHARGE - $205 PAT-025 STEEL, ALUMINUM, AND CHINA TARIFF IMPACT FEE 108/114 SD AND M2 106/112 R27-001 MY27 ESCALATOR P73-2FT STANDARD DESTINATION CHARGE Extended Warranty WAG-074 TOWING: 1 YEAR/UNLIMITED MILES/KM EXTENDED TOWING COVERAGE $750 CAP FEX APPLIES HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 18 of 19 09:04 AM PAGE 88 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Dealer Installed Options Front Weight Rear Weight 1 RELOCATE ALLISON SHIFTER. 0 0 2 FLOOR MATS 0 0 0 lbsTotal Dealer Installed Options 0 lbs (**) Prices shown do not include taxes, fees, etc… "Net Equipment Selling Price" is located on the Quotation Details Proposal Report. (***) All cost increases for major components (Engines, Transmissions, Axles, Front and Rear Tires) and government mandated requirements, tariffs, and raw material surcharges will be passed through and added to factory invoices. (+) Weights Shown are estimates only. If weight is critical, contact Customer Application Engineering. HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 19 of 19 09:04 AM PAGE 89 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. DIMENSIONS VEHICLE SPECIFICATIONS SUMMARY - DIMENSIONS Model 114SD Wheelbase (545) 4375MM (172 INCH) WHEELBASE Rear Frame Overhang (552) 1150MM (45 INCH) REAR FRAME OVERHANG Fifth Wheel (578) NO FIFTH WHEEL Mounting Location (577) NO FIFTH WHEEL LOCATION Maximum Forward Position (in) 0 Maximum Rearward Position (in) 0 Amount of Slide Travel (in) 0 Slide Increment (in) 0 Desired Slide Position (in) 0.0 Cab Size (829) 114 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Sleeper (682) NO SLEEPER BOX/SLEEPERCAB Exhaust System (016) RH OUTBOARD UNDER STEP MOUNTED HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE Cab to Body Clearance (in) 3.0 HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 1 of 2 09:04 AM PAGE 90 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. TABLE SUMMARY - DIMENSIONS Performance calculations are estimates only. If performance calculations are critical, please contact Customer Application Engineering. HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 2 of 2 09:04 AM PAGE 91 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Q U O T A T I O N 114SD PLUS CONVENTIONAL CHASSIS SET BACK AXLE - TRUCK 4375MM (172 INCH) WHEELBASE CUM L9 370 HP @ 2100 RPM; 2100 GOV RPM, 1250 LB-FT @ 1200 RPM NO FIFTH WHEEL ALLISON 3000 RDS AUTOMATIC TRANSMISSION WITH PTO PROVISION 1/2X3.64X11-7/8 INCH STEEL FRAME (12.7MMX301.6MM/0.5X11.88 INCH) 120KSI MERITOR RS-26-185 26,000# T-SERIES SINGLE REAR AXLE 1150MM (45 INCH) REAR FRAME OVERHANG 26,000# FLAT LEAF SPRING REAR SUSPENSION WITH HELPER AND RADIUS ROD PARTIAL INNER FRAME REINFORCEMENT AT FRONT SUSPENSION DETROIT DA-F-20.0-5 20,000# FL1 71.0 KPI/3.74 DROP SINGLE FRONT AXLE TEM TO EVALUATE AND INSTALL FRAME RAIL REINFORCEMENT AS NEEDED FOR FRONT FRAME MOUNTED EQUIPMENT 20,000# TAPERLEAF FRONT SUSPENSION 114 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB PER UNIT TOTAL VEHICLE PRICE TOTAL # OF UNITS (1) $ 130,170 $ 130,170 EXTENDED WARRANTY $ 230 $ 230 DEALER INSTALLED OPTIONS $ 1,500 $ 1,500 CUSTOMER PRICE BEFORE TAX $ 131,900 $ 131,900 TAXES AND FEES TAXES AND FEES $ 0 $ 0 OTHER CHARGES $ 0 $ 0 TRADE-IN BALANCE DUE (LOCAL CURRENCY) $ 131,900 $ 131,900 COMMENTS: Projected delivery on ___ / ___ / ___ provided the order is received before ___ / ___ / ___. APPROVAL: Please indicate your acceptance of this quotation by signing below: Customer: X_______________________________________ Date: ___ / ___ / ___. HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 1 of 2 09:04 AM PAGE 92 Prepared For : Jerry Lancelle HOBART VILLAGE OF 3769 N Overland Hobart, WI 54115 UNITED STATES Phone :920-869-1011 2401 PROGRESS WAY Prepared by: Jay Szymanski KAUKAUNA, WI 541309559 Phone :920-766-5222 TRUCK CTY OF WISCONSIN, INC. Financing that works for you. See your local dealer for a competitive quote from Daimler Truck Financial, or contact us at Information@dtfoffers.com. Daimler Truck Financial offers a variety of finance, lease and insurance solutions to fit your business needs. For more information about our products and services, visit our website at www.daimler-truckfinancial.com HOBART SA PLOW MY2027 Application Version 12.0.501 Data Version PRL-30D.013 11/07/2025 Page 2 of 2 09:04 AM PAGE 93 JOB DESCRIPTION (Village Administrative Assistant) - Page 1 of 3 VILLAGE OF HOBART – ADMINISTRATIVE ASSISTANT JOB SUMMARY This position serves as a vital support role within the Village of Hobart Administrative Office, acting as the first point of contact for residents and visitors. This position is responsible for a broad range of administrative tasks that ensure the smooth daily operation of Village services. The role requir es a high level of confidentiality, initiative, independent judgment, and attention to detail. Duties are carried out under the general supervision of the Village Clerk, who also conducts performance evaluations. This is a part-time position requiring 20 hours per week durin g regular office hours. Additional hours may be required to attend official meetings and to assist with election duties and/or tax collection. REPORTS TO: Village Clerk PRINCIPAL DUTIES AND RESPONSIBILITIES NOTE: The job duties listed herein are intended only as an illustration of the types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related, or a logical assignment for the position. 1. Serves as the primary point of contact for residents and customers by answering inquiries and providing information. a. Answer the telephone and route calls as appropriate. b. Assist customers at the service counter, including receiving payments. c. Respond to emails and requests. d. Process incoming/outgoing mail. e. Assist with park reservations. 2. Assist with the management of Village records via scanning, indexing, and filing documents in accordance with FOIA, Wisconsin State Law, and the Village of Hobart Municipal Code. 3. Provide administrative support for various Boards, Committees, and Commissions. 4. Assist in all aspects of municipal licensing and permits. 5. Provide administrative assistance as directed by cr eating reports, business correspondence, forms, and other material. 6. Assist with tax collection and entering payments into appropriate software. 7. Provide support and assistance with the election process. a. Maintain records within the WisVote system implemented by the Wisconsin Elections Commission (WEC). b. Process voter registration. c. Process absentee ballots (mail and in-person). d. Provide pre-Election Day support as requested. e. Provide Election Day support as requested. 8. Attend required training and otherwise keep abreast of current laws and administrative procedures related to matters pertaining to Village Operations. PAGE 94 JOB DESCRIPTION (Village Administrative Assistant) - Page 2 of 3 9. Other duties as assigned. EMPLOYEE DESCRIPTION AND EXPECTATIONS Equipment Used: Computer, various software applications, calculator, phone, copier/printer, postage machine, etc. Work Environment and Working Conditions 1. Work in a normal office setting with moderate noise levels. 2. Hours beyond regular office hours may be required, including evenings. 3. Maintain a professional appearance and attire. 4. Prolonged sitting, frequent bending, stooping or stretching, lifting up to 50 pounds, good eye-hand coordination and manual dexterity. General Competencies: In carrying out the duties of this job, the employee is required to accomplish all the tasks routinely associated with the performance of office-type functions. In addition, the employee must be able to satisfy the following competency requirements. 1. Analytical Skills: Identify problems and opportunities; review possible alternative courses of action before selecting one; utilize information resources available when making decisions. 2. Communication Skills: Effectively communicate ideas and information in written and oral form. 3. Problem Solving Skills: Develop feasible, realistic solutions to problems and recommend actions designed to prevent problems from occurring. 4. Organizational Skills: Ability to prioritize work to meet deadlines, work independently, and handle interruptions while maintaining attention to detail. Knowledge of: 1. Data processing applications and basic computer skills. 2. Modern office practices, technology and procedures. 3. Local government and municipal services preferred. Ability to: 1. Determine proper priorities and set work schedules and deadlines. 2. Interpret and apply applicable Federal and State Laws, regulatory codes, and Village Ordinances in a variety of situations. 3. Maintain and manage records and prepare required reports. 4. Prepare licenses including, but not limited to liquor, operator, cigarette, electrical and other miscellaneous licenses per State of Wisconsin law and Village Ordinance. 5. Maintain strict confidentiality requirements. 6. Establish and maintain effective working relationships with the Village Board, Department Heads, Employees, other Governmental Agencies, and the public. 7. Communicate effectively with the public. 8. Work as an effective team member to assure optimal performance for all employees. Minimum Qualifications: 1. Must be a citizen of the United States. 2. Must be at least 18 years of age or older. 3. Must have no felony or domestic violence convictions. 4. Must have a high school diploma or GED. 5. Must be proficient in speaking and writing in English language, proficient in other languages preferred but not required. PAGE 95 JOB DESCRIPTION (Village Administrative Assistant) - Page 3 of 3 6. Must be able to operate a computer and use computer software, including applications and programs. 7. Must be able to operate a telephone. 8. Must be able to use a cash register and count money. 9. Must be able to operate a multifunctional copy machine. 10. Must be able to work in a confidential environment. 11. Must have a valid Wisconsin Driver’s License, or ability to obtain one. Desired Qualifications 1. Prior experience in local government and municipal services preferred. NOTE: The work environment, characteristics, and physical demands described herein are representative of those that the employee encounters or must meet while performing the es sential functions of this job. In compliance with the Americans with Disabilities Act, the Village will provide reasonable accommodations to qualified individuals with disabilities. The Village is an Equal Opportunity Employer. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. The Village retains and reserves any and all rights to change, modify, amend, add to, or delete from any section of this position description. PAGE 96 3 Year Service Agreement Primadata/Village of Hobart Date: 04/01/2026 Project Name: Utility Bills Primadata, LLC (“Service Provider”) will supply, and Village of Hobart (“Customer”) will accept exclusively from Service Provider all of the Service Items listed in the text of this Agreement. Customer agrees to pay Service Provider for all services rendered on a net thirty (30) basis. Customer warrants that it is not subject to any existing Agreement for the processing services described within this Agreement. Service Provider guarantees that it will provide print and mail services based on services described within the contents of the Agreement and any attached Schedules. Customer agrees and acknowledges the following as an Agreement to services rendered for the period of three (3) years with a one (1) year auto renewal option. Sixty (60) day prior notice is required for forfeiture of one (1) year auto renewal option. If Customer believes Service Provider has consistently failed to provide quality of goods and services as described within the Agreement, Customer may terminate this Agreement without penalty provided that Customer first gives Service Provider written notice detailing such service deficiencies, and if Service Provider fails to resolve such deficiencies within sixty (60) days after notice. If Customer terminates the Agreement for reasons other than service deficiencies, the penalty is one hundred ($100.00)/month for any remaining months left on the Agreement. Customer concerns shall be presumed resolved unless Customer gives Service Provider a second written notice detailing the continuing deficiencies within ten (10) days after the expiration of such sixty (60) day resolution period. Customer may then cancel this Agreement provided that all previous balances due to Service Provider are paid, for all services rendered. Service Provider will receive a file(s) on a set schedule over their Secure File Transfer Protocol (SFTP) for the project(s). Service Provider will invoice each project on a quarterly basis. The scope of work is laid out below and priced according to the previously received quote from Service Provider. Scope of Work Production Services Item Price/Description Delivery Service First Class Presort Mail Electronic submission of Paperwork & Deliver to Post Office Postage Postage as incurred and invoiced separately, requires postage account to be established before the first mailing. Postage is a pure pass- through and is subject to change according to USPS rates. Statement Page 1 $0.15/each – Print 1/1 on 8.5x11 24# white w/3.5” perf, insert into PDI #10 double window envelope Additional Images $0.038/image – All additional pages will be printed 1/1 on 8.5x11 24# supplied by Service Provider BRE Envelopes $0.026/each – PDI #9 single window envelope Manual Flat Inserting $0.60/each – hand insert into 9x12 envelope (includes the cost of envelope) PAGE 97 Inserting Service $0.018/each Insert Printing To be quoted at the time of request Optional Services Reprocessing Charge $80.00/each Message Rework Charge $60.00/each Notes 1) Optional Services are not included in the total cost. 2) As of July 1 1998, all addresses on any discount rate first class mail must have been exposed to NCOA updating or ancillary endorsement readings on the outer front read area of the mailing envelopes. 3) Data processing and setup includes CASS certification/standardization of addresses provided, necessary barcode creation, merging variable data into templates and setting up printer configurations. 4) Any Development work not listed in the specifications or the quote, but necessary for the job, will be billed accordingly. Programming services are charged at $175.00 per hour. Customer will be notified of the needed work. 5) In the event that cost of materials increases by at least 6% during the duration of the agreement, Service Provider reserves the right to review pricing and discuss any potential needed price adjustments with Customer. Production Schedules Production schedules have been established and followed by both the Customer and Service Provider. In the event that production schedules are not adhered to by the Customer, delivery dates for the impacted job(s) will be subject to renegotiations. There will be no liability or penalty for delayed delivery due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of the Service Provider. In such cases, schedules will be extended by an amount of time equal to delay incurred. Alterations/Corrections Customer alterations include all work performed in addition to the original specifications. All such work will be charged at the Service Provider’s current rates. Customer Furnished Materials Materials furnished by Customer or their suppliers are verified by delivery tickets. The Service Provider bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied paper must be delivered according to specifications furnished by the Service Provider. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, or other materials furnished by the Customer must be usable by the Service Provider without alteration or repair. Items not meeting these requirements will be repaired by the Customer, or by the Service Provider at the Service Provider’s current rates. Outside Purchases Unless otherwise agreed in writing, all outside purchases as requested or authorized by the Customer, are chargeable. PAGE 98 Terms/Claims/Liens Payment is net thirty (30) calendar days from date of invoice for services. Claims for defects, damages or shortages must be made by the Customer in writing no later than ten (10) calendar days after services are rendered. If no such claim is made, the Service Provider and the Customer will understand that the job has been accepted. Postage invoices will be sent by Service Provider after each mailing. Payment terms for postage invoices is “due on receipt”. Liability The Service Provider’s liability will be limited to the replacement of, and postage for any errors in printing, storing, sorting and mailing of documents. The loss of Private Member Data due to a breach, whether internal or external, can cause severe reputation damage to both the Service Provider and the Customer. Service Provider will maintain Cyber Liability insurance coverage in the amount of at least $1,000,000 to aid in rectifying and repairing member and Customer confidence. To help limit the effects of a breach, Service Provider will remove all Customer’s data from their systems (including backup systems) within one hundred twenty (120) days of mailing of the documents. This includes data files and all files generated for each specific print job. Customer retains the right to audit Service Provider with twenty four (24) hour notice to determine compliance with this provision. Service Provider and Customer agree to notify each other in a timely manner should either become aware of a data breach. Storage/Warehousing The Service Provider will retain tangible paper materials until the related end product has been accepted by the Customer. The Service Provider is not liable for any loss or damage to stored material beyond what is recoverable by the Service Provider’s fire and extended insurance coverage. Any unused tangible paper materials will be returned to Customer, at Customer’s expense, or destroyed upon termination of the Agreement. Indemnification The Customer agrees to indemnify and hold harmless Service Provider for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving work produced from data provided by Customer. Service Provider must notify Customer of any such action within five (5) business days of knowledge of such action. Service Provider agrees to indemnify and hold harmless Customer for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving software, processes and machinery used in the production of documents for Customer. Dispute Resolution The Parties will attempt to resolve any dispute or claim arising from or in connection with this Agreement by appropriate internal mean, including referral to each Parties senior management. Before either Party may bring any action or other proceeding, such Party will promptly notify the other Party in writing of the dispute or claim. No action will be brought until: (a) the respective key personnel for each Party conduct a study of the dispute or claim; (b) a meeting between the Parties including at least one representative of senior management, is held at a mutually convenient time and place as soon as possible to try to resolve the dispute; and (c) if after such meeting takes place, one of the Parties sends a letter to the other stating it is unable to resolve the matter in dispute. Thereafter, the Parties may, by mutual consent, seek to resolve any disputes by the use of mediation and/or binding or non-binding arbitration. Unless the Parties agree otherwise in writing, neither Party waives its right to seek the remedies otherwise available to it under this Agreement by pursuing alternative dispute resolution such as mediation or arbitration. Personal or Economic Rights The Customer also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights. The Customer will, PAGE 99 at the Customer’s sole expense, promptly and thoroughly defend the Service Provider in all legal actions on these grounds as long as the Service Provider: • Promptly notifies the Customer of the legal action. • Gives the Customer reasonable time to undertake and conduct a defense. The Service Provider reserves the right to use his or her sole discretion in refusing to print anything he or she deems illegal, libelous, scandalous, improper or infringing upon copyright law. Security Services included in this Agreement may or may not involve the transfer of nonpublic personal information between the Parties. This information is the property of Customer and will be used only for the purposes set forth in this Agreement. All information will be rendered with a high degree of care to protect the security, integrity and confidentiality of the information. Under some limited circumstances, the further transfer of information may be needed to accomplish the purposes for which Customer has contracted Service Provider. If a transfer of the information by Service Provider to a third party is required and permitted, Service Provider agrees that: a. Customer is not a party to the Agreement with the third party. b. Service Provider will use caution and prudence in the selection of responsible third parties as permitted under this term. c. Service Provider will obtain an Agreement from the third party it selects that the third party will use a high degree of care to protect the security, integrity and confidentiality of the information, use the information only for the purposes agreed upon, not transfer the information further, return or destroy the information to Service Provider upon either the completion of the work, or in any event, not later that the termination of the Agreement for services. Any and all information disclosed by Customer shall be deemed to be confidential information. Service Provider shall not use Customer information for any purpose other than as reasonably necessary to fulfill the terms of this Agreement, and shall not disclose Customer information to any third party person without the prior written consent of Customer. Service Provider shall not make Customer information available to any employees, contractors, or agents of Service Provider except those with a need to know. Service Provider shall implement appropriate measures to ensure the security and confidentiality of all Customer information in its possession from time to time, including protecting against any anticipated threats or hazards to the security or integrity of the Customer information. Upon written and reasonable notice from Customer to Service Provider, Service Provider will provide access to Service Provider premises during regular business hours to audit compliance with this section. Upon written request from Customer, Service Provider shall supply, from time to time, written certification of compliance with this section. Service Provider agrees to take appropriate action for all security breaches, including but not limited to, incidents of unauthorized access to or misuse of any Non-Public Personal Information (as these terms are defined in the Privacy Regulations issued pursuant to the Gramm-Leach-Bliley Act), and shall notify Customer of any such security breach immediately, not to exceed twenty four (24) hours from time of discovery. In addition, Service Provider agrees to observe applicable state and federal laws in the use and retention of confidential information. The Parties agree that this is a material term of the Agreement. Recognition by Parties of Adequacy of Terms of Agreement The Parties agree that their negotiations have led each Party to an understanding of the business needs and requirements of the other Party in connection with the services to be provided under this Agreement. Each of the Parties acknowledges that the terms of this Agreement adequately define and provide for its business needs and requirements in connection with the services to be provided under this Agreement. PAGE 100 Relationship of the Parties No employment, partnership, or agency relationship or joint venture is created by reason of this Agreement. Neither Party is authorized to bind the other to any Agreement or contract with any third party. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin as if it were negotiated, executed and performed entirely within the State of Wisconsin. The jurisdiction and venue for any dispute under the Agreement shall be the circuit court for Brown County, State of Wisconsin. Entire Agreement: Amendment: Waiver Each of the Parties acknowledges that it has reviewed this Agreement and understands its terms and conditions. This Agreement (including the attached Schedules) represents the complete understanding of the Parties with respect to the matters set forth in this Agreement and supersedes any and all previous representations, statements, or promises, whether verbal or in writing. The Parties specifically affirm the limitations in respect of warranties and remedies set forth in this Agreement and agree that no other warranties or promises have been made except for such express warranties made. This Agreement may not be modified, altered, amended, or changed except by mutual agreement of the Parties in writing. No failure by either Party to insist upon strict performance of any term of this Agreement will act as a waiver of such Parties right to insist upon strict performance of such term at a later time or to insist upon strict performance of any other term of this Agreement. Notices All notices and other communications required or permitted by this Agreement shall be in writing and will be effective when delivered to the Parties set forth in this Agreement by hand, electronic or by a courier service (costs prepaid). Counterparts: Electronic Signatures This Agreement may be executed in any number of counterparts, and each shall be deemed an original with all such counterparts constituting one and the same instrument. A manual signature on this Agreement, an image of which shall have been transmitted electronically, will constitute an original signature for all purposes. PAGE 101 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. Primadata, LLC Village of Hobart By: ____________________ By: __________________ Print Name: ____________________ Print Name: __________________ Title: ____________________ Title: __________________ Date: ____________________ Date: __________________ PAGE 102