Public Services Agenda Packet - 6:50 PM

City of Oconomowoc Public Services Committee Aldermen: Ellis, Chairman / Mulder, Secy / Schellpeper Tuesday, March 03, 2026 - 6:50 PM City Hall - Conference Room 3 174 E. Wisconsin Ave. Oconomowoc, WI 53066 (Or immediately following Finance Committee) Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in accessible format, call the City Clerk at least 48 hours prior to the meeting to request adequate accommodations. Tel: (262) 569-2186. 1. Call to order and confirmation of appropriate meeting notification 2. Committee Business a. Consider/recommend Resolution 26-R3343 Approving Refuse & Recycle Hauling Contract with John's Disposal 3. Adjourn Gina Kozlik, City Clerk City of Oconomowoc Notice is hereby given that a majority of the Common Council will be present at the above scheduled meeting to gather information about a subject over which they have decision-making responsibility. This constitutes a meeting of the Common Council pursuant to State ex rel. Badke v. Greendale Village Board, 173Wis. 2d 553, 494 N.W. 2d 408 (1993) and must be noticed as such, although the Common Council will not take any formal action at this meeting. 1 1 MEMORANDUM PUBLIC WORKS Date: March 3, 2026 To: Mayor, Common Council and Public Services Committee From: Jason Herzog - Director of Public Works Re: Consider/act on Resolution 26-R3343 Approving Refuse, Recycling and Yard Waste Collection Services from John’s Disposal RELATES TO THE STRATEGIC PLAN N/A BACKGROUND The City has received refuse, recycling and yard waste collection services from John’s Disposal since 2015. They helped the City transition to a single sort recycling collection service that simplified the recycling to just acceptable recycle material from trash. The City saw a large swing on the amount of recycling that used to go to the landfill. John’s Disposal currently collects trash every week on either Tuesdays or Wednesdays and every other week for recycling. They also provide curb side yard waste collection 20 times per year for all residential properties and will pick up one eligible bulk item at the curb per week. Their contract expired at the end of June and the City extended these services for one additional year. During this year, staff has worked with John’s Disposal to improve services and create a long-term agreement with them. ADDITIONAL ANALYSIS John’s Disposal has proposed to maintain the existing service levels for the refuse, recycle, and yard waste collection and disposal and are offering to improve the bulk waste service. Below is a summary of the existing bulk program and what is being proposed. Existing Bulk Collection - Residents are allowed to place one bulk item per week at the curb side. Bulk items collection does not include curbside electronics disposal. Proposed Bulk Collection - Residents are allowed bulk item collections twice per month. Residents must call or email John’s office to schedule each collection. Collections will be made available every week of the month. Residents may select their collection weeks. With this program, bulk item collections would now include qualified household electronics and appliances, including those containing refrigerants. Bulk trucks will be efficiently routed to each stop, which reduces the Class B vehicle traffic on all City streets. Collection limits will increase from one item per collection to now include multiple items (approximately 1.5 cubic yards / roughly what can be contained in the bed of a pickup truck / five minutes of manual loading by driver). 2 V:\Recycling and Solid Waste\Hauling Contracts\2026 Hauling Contract\Five Year Contract Documents 2026- 2031\Background Memo 03032026 Garbage Collection Service FINAL.docx2 Program Feature Current Proposed Residents receive up to two collections per month Yes Yes Residents can dispose of multiple items No Yes Household electronics are included No Yes Residents can select their collection week Yes Yes Collection vehicles will travel on every city street Yes No Program compliance tracked with recorded calls and work orders No Yes Bulk Items Collection Transition Process: If approved, the new program will go into effect on June 1, 2026. Johns will work with City Staff to advertise the service change via website updates, social media, and any other options. John’s will provide residents with a three-month grace period (June 1 – August 31) where John’s will continue to sweep the entire city for bulk items. Each residence with material out during these collections will receive a notice reminding them of the change. Effective September 1st John’s will no longer provide the courtesy “no call” collections, residents will be required to adopt the new program. The new contract is proposed for 5.5 years, with an additional 5-year extension as an option. It will go into effect on July 1, 2026, and end December 31, 2031. The contract would include a flat annual increase of 3%. FINANCIAL IMPACT A Residential fee based on refuse, recycle, yard waste, cart rentals, bulk collection and landfill disposal fee, would stay the same for all of 2026. unit count as of 3/1/2026 hh / month mnthly total annual total garbage $6.11 $39,328.77 $471,945.22 recycle $3.62 $23,278.92 $279,347.00 yard waste $1.95 $12,534.80 $150,417.62 bulk $1.15 $7,428.03 $89,136.36 Carts $0.20 $1,287.80 $15,453.60 total $13.02 $82,570.52 $990,846.20 Hauling & Cart = $156.28 Landfill = $51.84 Total per year = $208.12 * Held the charge at $205 per household 2026 Fee Structure 6439 3 V:\Recycling and Solid Waste\Hauling Contracts\2026 Hauling Contract\Five Year Contract Documents 2026- 2031\Background Memo 03032026 Garbage Collection Service FINAL.docx3 RECOMMENDATION Motion to recommend to the Common Council approval of the contract with John’s Disposal for refuse, recycle, yard waste, and bulk pickup collection services. SUGGESTED MOTION Motion to Approve Resolution 26-R3343. 4 V:\Recycling and Solid Waste\Hauling Contracts\2026 Hauling Contract\Five Year Contract Documents 2026- 2031\Resolution 26-R3343 John's Disposal 2026-2031 Contract.docx Resolution No. 26-R3343 Resolution Awarding 5-Year Contract for Refuse, Recycling, Bulk and Yard Waste Hauling Services WHEREAS, in 2015, the City Council approved changes to our Refuse and Recycling collection system; and WHEREAS, this change converted the City from up-the- drive service to curbside collection using carts and recycling went from weekly with a 20 gallon blue container to every two weeks with using a 95-gallon cart; and WHEREAS, in 2015 Department of Public Works staff worked with Waukesha County and 25 municipalities to do a group Request for Proposals (RFP) to obtain the best cost for these services; and WHEREAS, a 7-Year agreement with Johns Disposal was approved for these services; and WHEREAS, in 2022 a 3-Year agreement with John’s Disposal was approved for the City’s refuse, recycling and yard waste hauler; and WHEREAS, in 2025 a 1-Year extension with John’s Disposal was approved for the City’s refuse, recycling and yard waste hauler. NOW THEREFORE, BE IT HEREBY RESOLVED, the proposal of Johns Disposal for a 5½ - Year Agreement be and the same is hereby accepted, and appropriate City officials are authorized to enter into a contract with them for said work. DATED: 3/3/26 CITY OF OCONOMOWOC ATTEST: By: ____________________________ Robert P. Magnus, Mayor Gina Kozlik, Clerk 5 AGREEMENT Curbside Collection of Solid Waste and Recyclables This contract made and entered into this day of 2026 by and between Johns Disposal Service, Inc., hereinafter referred to as the “Contractor” and The City of Oconomowoc, Wisconsin, hereinafter referred to as the “City”. The Contractor agrees to furnish all labor, materials and equipment necessary for the collection of solid waste, recyclables, yard waste, and bulk disposal within the limits of the City from one to four-family dwelling units subject to the limitations and requirements of the term “dwelling unit” as defined in City of Oconomowoc Municipal Code Sec. 17.904 and certain City-owned properties specified within this Contract; the collection of said materials shall be subject to the requirements of Section 11.06 of the Municipal Code of the City of Oconomowoc. To the extent the terms of Section 11.06 conflict with the provisions of this Agreement, the terms of this Agreement shall control. City of Oconomowoc recognizes Waukesha County as the Responsible Unit for Recycling under Wisconsin Statutes 287.09 and its recycling program under Wisconsin Statutes 287.11 and participates in the County’s Material Recycling Facility. A. Materials to be collected by Contractor shall include the following: 1. “Municipal Solid Waste (MSW)” shall mean general household garbage, rubbish and trash and refuse generated in the normal ordinary course of residential units within the City. The term “municipal solid waste” excludes special waste, hazardous waste, or other types of materials that require special handling and disposal. 2. All recyclables accepted in the Waukesha County recycling program. 3. Non-compaction bulk items such as: Automotive batteries, furniture, appliances, household electronics, motor oil, antifreeze, and light vehicle tires (See Section C, Number 3). B. Items which will not be collected by Contractor are as follows: 1. Earth, rocks, concrete, loose construction and demolition materials, trees or parts thereof. Construction and demolition materials may, however, be included for collection with the bulk items collection if such materials are placed in 32-gallon cans and have less than 4 feet in length and each such 32-gallon can as loaded weighs less than 60 pounds. 2. Hazardous, toxic or infectious materials, including any items recognized as special waste by the State of Wisconsin are not included. 3. Commercial electronics such as business computers, copy machines, x-ray machines, lighting bulbs or ballasts designed for commercial fixtures, dental chairs, commercial 6 2 refrigeration units or any electronics that are commercial and not designed for residential use are prohibited. 4. Residents and Commercial Businesses may contract with licensed haulers for private use of roll off or other disposal containers for collection, transportation, and disposal of material not covered by this contract, such as construction and demolition debris. C. The collection shall be made as follows: 1. Municipal Solid Waste. Pickup of MSW will be made weekly, with all suitable materials for collection being placed by residents at the curb of their homes by 6:00 a.m. on the days of collection. All MSW shall be placed by residents in a brown cart which has been provided by The Contractor. The collection schedule shall be established from time to time between the City and The Contractor. 2. Recyclables. Pickup of recyclables will be made every-other-week, with all suitable material for collection being placed by residents at the curb of their homes by 6:00 am on the days of collection. Recyclables shall be commingled and delivered to Waukesha County’s designated MRF – owned and operated by Waste Management located at W132N10487 Grant Dr, Germantown, WI 53022 or alternate location for a designated time as designated by Waukesha County (Note: Any additional transportation and processing costs will be covered by separate contract with the County or the Joint MRF operator and shall not be borne by The Contractor or The City). All recyclables shall be placed by residents in a green cart which is provided by The Contractor. The collection schedule shall be established from time to time between the City and The Contractor. 3. Bulk Items. Bulk items will be collected up to two times per unit each month. Furniture (including metal desks and storage cabinets), pianos, carpeting, sinks, concrete laundry tubs, cast iron plumbing fixtures, windows, doors, large toys, bicycles, dismantled swing sets, lumber, construction debris (if contained in 32-gallon garbage cans weighing less than 60 lbs. each), lawn mowers, snow blowers, Christmas trees, and tires (tires are limited to 2 per month and up to 8 per year per home). Residents must call the contractor to schedule a bulk items collection at least 48 hours in advance. Residents are limited to two bulk item collections per month, maximum 24 per year. Appliances including those containing refrigerants will be accepted. Household electronics – such as TV’s, computers and other typical home use items are included in the bulk items collection program. Collection limits can include multiple items for each scheduled collection (approximately 1.5 cubic yards / roughly what can be contained in the bed of a pickup truck or five minutes of manual loading by a driver). 4. Up-The-Drive service will be available for residents who subscribe for the upgraded service directly with the Contractor. Residents will place garbage in their own cans no larger than 32 gallons weighing less than 60 lbs. each. Residents will place recycling in a small recycling container (32 gallon) provided by the Contractor. Cans and bins must be placed so they can be accessed by a small one-ton truck and not blocked by 7 3 vehicles by 6 am on the designated collection date weekly. Subscriptions must be at a minimum of one year, paid in advance. The City will be invoiced for the curbside program as well as the residence will be billed directly for the Up-The-Drive service. Residents must call to schedule bulk items collection at the curb. Subscription Up-The- Drive customers that become delinquent in paying John’s will be reverted back to the base curbside service. A customer will be defined as delinquent when past due for over 30 days. Carts for curbside service will be delivered before Up-The-Drive service is terminated due to nonpayment. 5. Holidays. When a scheduled collection day falls on a holiday, pickup will be the following day. If a holiday falls on a Monday, the Monday collection will take place on Tuesday, the Tuesday collection will take place on Wednesday and so forth. If a holiday falls on a Wednesday, the Monday and Tuesday collections will remain on schedule with no delay. The Wednesday, Thursday and Friday collections will be delayed by one day. Observed holidays include Memorial Day, Labor Day, Independence Day, Thanksgiving, Christmas and New Year’s Day. 6. Material Collection and Transportation. All solid waste and recyclable materials shall be collected and transported in such a manner as to avoid damage or destruction to any property and injury or death to any person and to prevent falling or spilling of material. When spilling does occur, the material shall be picked up as soon as possible and the area properly cleaned by the Contractor. In the event the Contractor cannot accept certain items from a residential customer, the Contractor will utilize a dedicated communication mechanism approved by the City to inform such residents as to the reason why the material was not accepted. 7. Solid Waste & Recycling Carts. The Contractor initially provided (or will provide) each residential dwelling unit with one (brown) 64-gallon cart for solid waste collection and a second (green) 96-gallon cart for recycling collection. The Contractor will deliver the carts to new units after notification of occupancy by the City. All carts shall be the property of the City during the term of this agreement and will be maintained by the Contractor. The owner/occupant of each residential dwelling unit is responsible for keeping the carts clean. The owner/occupant of each residential dwelling unit is responsible for damage, other than normal wear, such as melting from hot ashes, cuts from a saw, or other avoidable damage. The Contractor is responsible for normal wear to the cart, wheels or lid and will repair or replace the cart in a timely manner after the homeowner informs the Contractor of the problem. The Contractor is responsible for damage caused from snowplows or passing vehicles. If the residential customer moves, he or she must leave the carts for the new homeowner. At the termination of the Contract, the carts become the property of and will be removed by the Contractor at the Contractor’s expense within thirty (30) days. Residents who desire a smaller cart (48- gallon) must call Contractor’s office to schedule an exchange. Container exchanges will be made by the Contractor at no additional charge. Residents enrolled in the optional Up-The-Drive Service will be provided with a small recycling container (32 gallon). The contractor shall provide the County an annual (calendar year) report by February 1st each year on the number and size(s) of recycling containers used within 8 4 the City, including the number of households/units that were provided 32-gallon recycling containers. Contractor will keep an inventory of all sizes of carts for refuse and recycling in a master database including all addresses and corresponding serial numbers of the carts which shall be available to the City upon request. 8. Hardship Service. Disabled and Elderly residents identified shall receive door service at no extra cost. The City shall provide the Contractor with a list of the current persons receiving such service. With regard to eligibility for Disabled and Elderly residents to receive this service in the future, The City may require the requester provide a signed confirmation of the eligibility for this service on the form attached as Exhibit A from a licensed physician, doctor of osteopathy or chiropractor that confirms no one in the requesters home is physically unable to place the approved containers at the curb. The verification of the need for such service shall require that such letter indicate the inability to transport garbage or recyclables to the curb is anticipated to be permanent in nature and for any temporary inability, the anticipated duration of such inability shall be stated. The City will audit the hardship list annually and will notify the Contractor of any changes. 9. Municipal Container Service. Solid waste and recycling dumpster or cart service will be provided to municipal properties as identified by the City at no additional cost. 10. Yard Waste. Dry grass clippings, leaves, and small twigs contained in brown paper yard waste bag not exceeding sixty (60) pounds or in 32 gallon containers marked with a red “X”. Brush (branches no larger than four (4) inches in diameter) must be tied in bundles not to exceed four (4) foot in length and eighteen (18) inches diameter. Bundles shall not weigh more than sixty (60) pounds per bundle. Twine must be able to support the weight of the material. Contractor to work with City to provide 20 collections dates per year. Contractor will collect Christmas trees as part of the bulk item collection. The resident will call in or email the Contractor to schedule the collection. D. Term and cost of this contract shall be as follows: 1. Term. This Contract shall be for 5-years and 6 months for the period, July 1, 2026, through December 31, 2031. At the end of the term, the contract has the option to be extended for an additional five (5) years beyond the original termination date upon mutual agreement between both parties. 2. Cost. The City agrees to pay the Contractor the following fees in conjunction with the services rendered pursuant to this Contract: 9 5 Curbside Service Rates Frequency Unit / Month Automated Garbage Weekly $6.11 Garbage Cart (64 & 48) Weekly $0.20 Automated Recycle Every-other- week $3.63 Recycling Cart (96) Weekly $0.20 Recycling Can (32) Weekly $0.10 Bulk Items Collection (on-call, up to 2x month) 2x / month $1.15 Yard Waste Collection 20x/yr $1.95 Total Unit Price (96 REC)/Mo $13.02 Total Unit Price (32 REC)/Mo $12.92 (Optional) Up-The-Drive Service $10.00 Landfill Rate (per ton) $51.84 3. Payment. Invoices for payment shall be submitted by the Contractor, on a form approved by the City. Payments of contract service fees shall be made within twenty (20) days of the last day of each month and shall be based upon full-month occupancy, calculated at the end of each month. 4. Annual Rate Increases. Rates listed in Section D (2) of this Contract are for the 1st year of a 5-year agreement. The Contractor agrees to hold the current (2025-2026) rates through December 31, 2026. Rate increases will take effect on the contract anniversary date (January 1 of each year after 2026). Contracted rates shall increase by 3% in years 2027, 2028, 2029, 2030, and 2031. 5. Unit Count. The estimated number of units on March 1, 2026 are: 6,439 . As new units are added (or subtracted) the monthly payment by the City under Section D(2) shall be adjusted based on the per unit count. 6. Dumping Fees. Any and all “dumping fees” (broadly defined to include all fees and taxes imposed by Waukesha County, the State of Wisconsin and the federal government, or any division of agency thereof), related to the execution of this Contract that are required to be paid by law, including but not limited to fees required per Sections 289.63, 289.64, 289.64(2),289.67 Wisconsin Statutes, including any revisions that may be made thereto during the term of this Contract, along with any other fee of tax that must be paid in order for this Contract to be performed in compliance with the 10 6 law, shall be paid fully and timely by the Contractor. Any increase of such fees of taxes added on or after July 1, 2026 that are added within a contract year will be paid by the Contractor. The added cost of the fees will be negotiated into the Contract in the following contract year if the City and Contractor are able to reach mutually agreeable terms as to such increased fees. E. Additional provisions: 1. Weights. The Contractor shall keep a record of total weights of both solid waste and of each category of recyclable collected from the City and report those totals to the City on a quarterly basis. 2. Reporting. The Contractor shall assist the City in making reports to Waukesha County and the Department of Natural Resources in conformance with State recycling mandates and agrees to assist and cooperate with the City with respect to participating in or applying for any grants or any other financial assistance programs for which the City may qualify. In addition, monthly, quarterly, and annual reports will be provided to the City. Monthly reports will include recycling, solid waste, and bulky items tonnage. Additional reports may be required at the City’s request including, but not limited to extraordinary occurrences affecting Contractor’s performance, permit compliance status, documentation of unpermitted waste, and additional information related to disposal. Quarterly reports will include identification of any subcontractors, operational reports regarding customer complaints or operational problems, and other pertinent information. Annual reports will include overall summary of all data provided in monthly reports, total tonnage for recycling, solid waste, and bulky items, updated collection route maps, inventory of receptacles including total households and quantity of each size receptacle. Additional reports may be required at the City’s request include but are not, declaration reports describing any criminal or civil litigation, subcontractor information, update on remaining landfill capacity, and additional information regarding the contract disposal facility. 3. Complaints. The Contractor shall maintain telephone service at its office for receiving calls or complaints regarding its work from 8:00 am until 4:30 pm, Monday through Friday, excluding holidays and shall maintain an official address for said purpose and shall publicize said contact information. The Contractor shall also provide the City Clerk and the Mayor’s Office /Director of Public Works with the phone contact information of the Contractor’s person in charge of the implementation of this contract. Contractor shall take care of all complaints within a 24-hour period or within 24 hours of the next working day if the complaint is received on a non-working day. The City will refer to or inform the Contractor of any complaints which it receives. 4. Collection Days. The Contractor will work with City staff to determine an agreeable collection schedule. The Contractor may make changes to collection with the prior consent of the Director of Public Works and will be responsible to reasonably notify residents in advance of any changes. 11 7 5. Litter and Leaks. Contractor will clean up litter near a collection site (up the drive service) and within ten (10) feet diameter of a set out site for bulky items or special pickups. Contractor will discuss with Customer all instances of repeated litter by that Customer and document each instance. Contractor will prevent solid waste from escaping, dropping, spilling, blowing, or scattering from vehicle during collection and transportation. Contractor will not transfer loads from one vehicle to another on any public street unless necessitated by mechanical failure or accidental damage to vehicle or in connection with providing up the drive service. Contractor will immediately clean up any solid waste that it spills or scatters, including solid waste tracked onto any alley, street, or public place when providing up the drive service or transporting waste. Contractor will prevent oil, hydraulic fluid, paint, or other liquid from leaking out of vehicles. Contractor will train its employees to immediately cover leaked fluids with absorbent materials, remove those materials from the ground, and apply cleaning agent to cleanse the soiled spot. Contractor will keep a log of spills the indicate the material spilled, quantity, and remedial actions taken. Contractor will immediately report any spills entering or endangering any waterway or storm drain. If Contractor fails to clean up solid waste or liquids within 2 hours of the time when City gave notice of the spill or leak, the City may clean up the spill or leak. Promptly upon City request, Contractor will reimburse City’s costs of cleaning up the spill or leak. Contractor is responsible for any damage to private property from the spill or leak. 6. Insurance. The Contractor shall take out and maintain insurance without limiting its indemnities during the term of the Contract to protect Contractor and the City from claims for damages for personal injury, including accidental death as well as claims for property damage, including destruction, which may arise from performance or mis- performance under the Contract, whether such operations be by the Contractor, or by anyone directly or indirectly employed or contracted by either of them in such manner as to impose or allege liability on the City, and shall name the City, its boards, commissions, agencies, officers, employees and representatives as additional insureds, on a primary and noncontributory basis, and waiving any rights of subrogation against the City or its insurers. All insurance policies shall be written on an occurrence basis. The Contractor shall not commence its work until it has obtained all insurance required under this section and filed Certificates of Insurance thereof, including any endorsements and/or riders evidencing required coverage, with the City Administrator. The Contractor agrees to maintain the Public Liability and Auto Liability Insurance coverage as required for under this Contract for a period of not less than three years following the termination of this Contract. 1. Comprehensive General Liability and Property Damage Insurance (premise and operations, products, and completed operations, personal injury and blanket contractual coverage) providing occurrence coverage: Damage to rented Premise $ 200,000 Medical Expense $ 10,000 per person General Annual Aggregate $ 2,000,000 12 8 Products/Completed Ops Aggregate $ 2,000,000 Personal and Advertising $ 2,000,000 per person Each occurrence $ 2,000,000 Property Damage: $ 1,000,000 per occurrence $ 2,000,000 aggregate 2. Comprehensive Automobile Liability and Property Damage (operations of owned, hired and non-owned motor vehicles--A pollution endorsement to automobile liability, or equivalent, must remove any pollution and asbestos exclusion from the policy.): Combined Single Limit $ 500,000 per accident 3. Worker’s Compensation and Employee Liability. Contractor shall carry in a company authorized under the laws of the State of Wisconsin a policy to protect itself against liability under the Worker’s Compensation Statutes of the State of Wisconsin. Contractor will require any subcontractors not protected under its insurance to take out and maintain such insurance. Worker’s Compensation Statutory Limits Employees Liability $ 200,000 each accident Employees Liability Disease $ 200,000 each employee Employees Liability Disease $ 750,000 Policy Limit 4. Umbrella Liability. Coverage to be in excess of employer’s liability, commercial general liability and automobile liability insurance required above. Each Occurrence $ 5,000,000 each occurrence Aggregate $ 5,000,000 5. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for all insurance except workers’ compensation: A. Contractor’s insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of Contractor’s insurance and shall not contribute with it. Insurer’s must be an admitted company in Wisconsin, has a size category of VII or large by A.M. Best Company, Inc., and has a rating of A or better by A.M. Best Company, Inc. B. Such coverage and policies shall not be cancelled without providing the City thirty (30) days advance written notice. Endorsements cannon contain mere “best effort” modifiers or relieve the insurer from its 13 9 responsibility to give that notice and the cancellation information on the certificate of insurance must delete language such as “failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents, or representatives”. C. Contractor will insure each Subcontractor, if applicable, maintain insurance required itself unless covered by the Contractor’s insurance. D. Notice of claims. If any Person makes a claim against Contractor or any Subcontractor exceeding the amount of any deductibles or self-insured retentions, Contractor will promptly notify the City of the claim. E. The Contractor will place on file with the City certificates of insurance and policy endorsements where necessary, provided by insurance carrier or carriers authorized to do business in the State of Wisconsin at all times during the terms of this contract. As terms of coverage expire or if Contractor changes insurance companies, the Contractor shall provide a replacement certificate of insurance so that the City is assured at all times that the Contractor has the requisite insurance coverage called for herein and that such coverages are always in effect. All such certificates of insurance and policy endorsements shall be placed on file in the office of the City Clerk/Treasurer and identify any retained losses, deductibles or self-insured retention ("SIR") exceeding $10,000 for City’s prior approval. Contractor’s policies shall not obligate the City to pay any portion of any Contractor’s retained loss, deductible or SIR. Certificates shall contain the following: Contract Name, types, policy numbers, policy effective/expiration dates, limits, waiver of subrogation, and dedicated limits. 7. Landfill. The Contractor agrees to transport and dispose of solid waste and bulk items collected in a licensed processing facility or a licensed landfill. The landfill site or processing facility shall be approved by the State of Wisconsin Department of Natural Resources. 8. Recyclable Processing. The Contractor agrees to transport all recyclables to the Waukesha County designated MRF located at W132N10487 Grant Dr, Germantown, WI 53022 or as alternate location for a designated time as designated by Waukesha County. (Note: Any additional transportation and processing costs will be covered by a separate contract with the County or the Joint MRF operator and shall not be borne by The City or The Contractor). In the event that the City terminates its agreement with the County, and the City enters into an agreement with Johns to process and market recyclables at one of its two MRFs, Johns will process and market recyclables at one of its two MRFs. Contractor shall coordinate delivery times with the Joint MRF operator to maximize efficiencies at the truck scale and tip floor and minimize traffic back-ups. Contractor shall comply with County Protocol, which is subject to periodic 14 10 updates to meet the stated intent. Contractor shall keep records and provide all requested data and reports to the County as needed to administer the IGA and maintain compliance with applicable state and local codes, program rules, and the protocol for delivery of recyclables to the Joint MRF included in Exhibit B. This includes, but is not limited to, providing up-to-date information on haul routes, collection days and times, and vehicles used to collect recyclables. 9. Yard Waste Processing & Transport. The City has previously negotiated terms for the processing and disposal of curbside yard waste collected by The Contractor and delivered to Johnson’s Nursery, LLC located at W180N6275 Marcy Road Menomonee Falls WI 53051. Johnson’s Nursery LLC delivery hours are 7:00 AM to 5:00 PM Monday through Saturday. Contractor’s driver shall fill out a ticket at Johnson’s Nursery’s website electronically (driver will report: Hauler Name, Municipality, Load Size, Load Type, Approximate Volume in Yards, Driver Name, Truck Number, and certify that they have inspected the load to verify it doesn’t contain any contaminated material). Drivers must follow Johnson’s direction for dumping location and routes or be subject to fines ($250 per hour to repair any damage caused to the site). Drivers must be aware of what they are transporting and dump in the correct location or be subject to fines. 10. Emergency Back-Up Collection Service Plan. Collections for emergencies and natural disasters will be provided within 24 hours upon request from the City. Additional dumpsters will be provided to City appointed locations for a fee. In the case of emergencies, regular garbage, recycling, bulk, or yard waste collections may be delayed. 11. Unpermitted Waste Screening and Compliance Assurance. The Contractor will be permitted on how to handle unpermitted waste situations for refuse and recycling. Camera technology allows the monitoring of materials entering the truck. Contractor will utilize Waukesha County’s App for Waukesha’s targeting recycling postcard notices. If hazardous and dangerous waste situations are identified, drivers will Contractor’s protocol which includes contacting their supervisor for further direction. Contractor will contact customer to identify the hazardous or dangerous waste. If necessary, the local authorities will be contacted as well as the City. Contractor will follow all applicable laws and regulations including Federal Department of Transportation Title 49 CFR and United States Environmental Protection Agency Title 40 CFR. 12. Education. The City and the Contractor shall coordinate their efforts to publicize and promote the recycling program and educate the City citizens regarding recycling. The City and the Contractor will review and approve promotional activities jointly. The Contractor will include education materials to any new or replacement carts. 13. Contractor shall indemnify, defend, and hold the City harmless, including all City officials, employees, and agents, from any and all claims and liabilities whatsoever, including, but not limited to judgments, costs, damages, expenses, and attorneys’ fees 15 11 in any way arising out of or connected to this Contract and the performance of the services provided for hereunder, including reimbursement to the City for City liabilities to a third party such as, for example, damages resulting from a suit against the City by a person receiving service under this Contract. Except to the extent of liabilities arising out of City or City employees’ active negligence, Contractor shall release and hold harmless the City, its officers, agents, and employees from and against all liabilities arising out of or in any way connected to this Contract, including not seeking reimbursement from the City for Contractor’s liability to a third party (such as, for example, damages resulting from a suit against Contractor by a customer). For any lawsuits, claims, complaints, causes of actions, or other demands brought against the City for liabilities arising out of or in any way connected to Contractor’s negligence and/or intentional acts arising out of or related to Contractor’s performance of the services under this Contract (except to the extent, if any, that Contractor’s actions resulted from negligent or intentional acts of the City, its officers, employees or agents), Contractor shall: (1) defend the City with counsel approved by the City, or (2) fund the City’s costs of defense. 14. The Contractor shall, at Contractor’s sole cost, comply with all state and federal laws and regulations and ordinances of the City, including Chapter 6 of the City of Oconomowoc Municipal Code, relating to the collection, transportation, processing and disposal of solid waste and recyclable materials. The City reserves the right to designate additional solid waste materials as recyclable or currently collected materials as no longer recyclable in accordance with law and to either add or delete them from any collection services provided by the Contractor. The City shall provide written notice to the Contractor of any such change. GENERAL PROVISIONS 1. This Contract is not assignable by Contractor, without the prior express written consent of the City of Oconomowoc, and in the event of bankruptcy, assignment for the benefit of creditors, or a petition for receivership relative to the Contractor of record, the City may, without notice, terminate this Contract. 2. The Contractor shall ensure that any approved subcontractors agree, in writing, to indemnify the City against claims arising from their performance of services under the agreement as per Paragraph 13 of Subsection E and further, that said subcontractor shall provide evidence of carrying the insurance as required in Subparagraph E, 6. The Contractor shall not subcontract any work to be performed or any materials to be furnished in the performance of this Contract without the prior written consent of the City. If the City were to allow a subcontractor by written consent, then the Contractor shall be fully responsible for any acts or omissions of its subcontractor as it is for the acts and omissions of persons directly employed by itself. The Contractor is an independent contractor of the City. 16 12 3. The performance and interpretation of this Agreement shall be according to the laws of the State of Wisconsin. 4. If any court or other governmental body of competent jurisdiction declares any provision of this Contract invalid or unenforceable by reason of any rule of law or public policy, the Parties shall promptly meet to cooperate on substitute language that will give force and effect to the Parties’ intent. Contractor agrees to perform the contract services as provided for herein in a prompt, thorough, comprehensive, reliable, courteous and professional manner so that customers receive high quality contract services at all times. The Contractor agrees to perform the contract services regardless of weather conditions, labor shortages and difficulties in collection subject to uncontrollable circumstances in a timely manner. Contractor agrees to transport the solid waste in covered collection vehicles. The Contractor will prevent solid waste from escaping, dropping, spilling, blowing or scattering from vehicles during collection and transportation, and will clean up any solid waste that it spills or scatters. For purposes of this paragraph uncontrollable circumstances shall refer to natural disasters such as fires or floods, sabotage, civil disturbance, war or other emergency and other catastrophic events beyond the reasonable control of the performing party that materially and adversely impacts the ability to perform the terms of the agreement despite that party’s exercise of due diligence. It shall not include reasonably anticipated weather conditions for SE Wisconsin. 5. The Contractor will use due care in entering and exiting customers’ property or enclosures and use paved walks or surfaces where practicable. Contractor will not trespass or loiter on customer’s property and will not handle or meddle with private property without permission. Contractor will close all gates it opened and will avoid crossing private or public landscaped areas or jumping over hedges and fences. Contractor agrees to repair any damage which may occur to City property or the property of customers within five days of the Contractor determining that it was responsible for damage. If the Contractor determines it was not responsible for damage, it shall provide the City with reasons for its determination and documentation supporting that determination. If the Contractor and City are unable to agree on the determination of the responsibility for damage, that determination may be made in the reasonable discretion of the City. 6. Contractor will handle receptacles with due care. Contractor will not throw or drop receptacles from trucks or roughly handle, damage, or break them. Contractor will return receptacles to within five (5) feet of the location from where they were picked up by Contractor’s employees, upright, with the lid closed, without obstructing any passable driveway, sidewalk, trail, or street. 7. The Contractor understands and agrees that the City is a municipal entity and is therefore subject to the Wisconsin Public Records Law as set forth in Wisconsin Statute Sec. 19.36(3). Said Statute requires governmental entities to make available for 17 13 inspection and copying any records produced or collected under a contract entered into by the City to the same extent as if the record were retained by the City itself. Therefore, in the event there is a request for any of the documentation pertaining to this Contract, Contractor shall provide the information as required and charge no more than the cost of copying said information. 8. The Contractor agrees to maintain the confidentiality of personally identifiable information of the customers and not to share that information without the express written consent of the City and the Contractor. 9. The Contractor in executing this Contract acknowledges that it has not been induced to enter into this Contract by any understanding or promise or other statement, whether verbal or written, by or on behalf of the City concerning any matter not expressed herein. The Contractor acknowledges that the City has relied upon the proposal submitted by the Contractor and has awarded the Contract in reliance thereon. 10. Excused Non-Performance. If a party is unable, in whole or in part, to punctually carry out its obligations under this Contract because of a Force Majeure Event, such party’s obligations, to the extent affected thereby, will be extended on a day-by-day basis during the continuance of the delay caused by such event. The party claiming the Force Majeure Event shall use reasonable efforts to remedy such Force Majeure Event as promptly as commercially practicable after such event occurs and at the time that it is no longer applicable. The party affected by the Force Majeure Event shall give the other party notice as soon as commercially practicable (but not later than 15 working days) after such event occurs, at 30-day intervals during any continuation of such incident, and at the time that it is no longer applicable. Notice shall state with particularity the nature of the claimed event and provide a reasonable estimate of the length of any delay in the fulfillment of obligations under this Contract. If a Force Majeure Event lasts for more than sixty (60) calendar days, the party not claiming the Force Majeure Event may terminate this Contract immediately upon providing written notice to the other party. “Force Majeure Event” for purposes of this Contract means the occurrence of an act of God; unusual governmental restrictions, regulation or control, (through no fault of a party); war, riot, fire, drought, flood, explosion, natural disaster, national emergency, or other circumstances, whether or not similar in nature, beyond the reasonable control of the party seeking to be excused from performance hereunder; provided, however, economic conditions do not constitute a Force Majeure Event and a Force Majeure Event will not relieve a party of its payment obligations. 11. This Contract constitutes the entire agreement between the parties. No modification, amendment, alteration, revision or waiver of this Contract or any of its provisions shall be permitted by or binding upon the parties unless so agreed in writing and approved by the Common Council of the City of Oconomowoc. Signature page to follow 18 14 JOHNS DISPOSAL SERVICE, INC. Nate Austin, Vice President Date CITY OF OCONOMOWOC Robert P. Magnus, Mayor Date ATTEST Gina Kozlik, City Clerk Date 19 WALK-UP SERVICE REQUEST FORM GARBAGE & RECYCLE COLLECTION This application is a request for WALK -UP SERVICE with Johns Disposal for Automated Garbage & Recycling Collection. This service may be requested by a licensed physician on behalf of a patient / resident for whom the moving of provided 48, 65 or 95- gallon wheeled garbage and recycling carts would present an unnecessary hardship or is impractical by reason of physical condition or medical problem. Office Use Only Date Request Received: PLEASE PRINT OR TYPE PART A: TO BE COMPLETED BY APPLICANT Last Name: First: MI: Sex: [ ] Male [ ] Female Age: Are you able to wheel carts to the curb for collection? [ ] Yes [ ] No Are you the legal property owner? [ ] Yes [ ] No If not, what is the property owner’s name? Property Owner Contact Phone: ( ) Street Address: Home Phone Number: ( ) Mobile Phone Number: ( ) Mailing Address: City, Town, Village: State: ZIP Code: I, the undersigned applicant, certify that I am [ ] permanently OR [ ] temporarily disabled and unable to wheel my garbage and recycling carts to the curb for collection. I also certify that there is no one in my household, in my employ, or providing in home assistance to me from a third party that is able to get my carts to the curb. I authorize my physician to release any information necessary to verify my disability. _______________________________________________________ ______________________________________ Applicant’s Signature Date PART B: TO BE COMPLETED BY PHYSICIAN Physician Name: Physician Type: License Number: Physician Address: City, Town, Village: State: ZIP Code: Physician Telephone Number: ( ) Physician Fax Number: ( ) Physician Email: Note to Physician: By completing and signing this form, you are indicating that it is harmful or impractical for the patient / applicant named above to use these specifically required 48, 65, or 95-gallon wheeled carts for the collection of garbage and recycling due to his or her physical condition or medical problem. Is the applicant your patient? [ ] Yes [ ] No Physician statement & request for exemption. Describe how use of the wheeled garbage and recycling carts would be harmful or impractical for your patient to use. Include the specific reason you believe Walk-Up Service is necessary. This exemption should be: [ ] Permanent [ ] Temporary until (month) (year) I certify by my signature that I am a physician licensed to practice medicine in Wisconsin, and that in my judgment the patient named above should be granted Walk-Up Service for Garbage & Recycling as described in this request. _____________________________________________________________________________________________________ Physician Signature Date 20 21