Village Board
Regular MeetingLittle Chute, WI · December 4, 2024
Agenda
AGENDA
R
PLACE:
EGULAR BOARD MEETING
Little Chute Village Hall
DATE: Wednesday, December 4, 2024
TIME: 6:00 p.m.
Join Zoom Meeting
https://us06web.zoom.us/j/89155337602
Meeting ID: 891 5533 7602
Dial by your location: +1 312 626 6799 US (Chicago)
REGULAR ORDER OF BUSINESS
A. Invocation
B. Pledge of Allegiance to the Flag
C. Roll call of Trustees
D. Roll call of Officers and Department Heads
E. Public Appearance for Items Not on the Agenda
F. Other Informational Items: None
G. Consent Agenda
Items on the Consent Agenda are routine in nature and require one motion to approve all items listed. Prior
to voting on the Consent Agenda, items may be removed at the request of any Board Member or member of
the public. Any removed items will be considered immediately following the motion to approve the other
items.
1. Disbursement List
2. Approval of the Minutes of November 20, 2024
H. Action/Discussion—MCO 5-year Water Contract
I. Department and Officer Progress Reports
J. Call for Unfinished Business
K. Items for Future Agenda
L. Closed Session:
19.85(1)(c) Consideration of Employment, Promotion, or Performance Evaluation Data of any Public
Employee of the Village of Little Chute. Personnel Reviews
M. Return to Open Session
N. Adjournment
Requests from persons with disabilities who need assistance to participate in this meeting or hearing should be made with as much advance notice as possible to the
Clerk’s Office at 108 West Main Street, (920) 423-3852, email: Laurie@littlechutewi.org Prepared: November 27, 2024
Disbursement List - December 4, 2024
Payroll & Payroll Liabilities - November 21, 2024 $195,968.85
Prepaid Invoices - November 15, 2024 $7,708.19
Prepaid Invoices - November 22, 2024 $8,588.45
CURRENT ITEMS
Bills List - December 4, 2024 $65,239.92
Total Payroll, Prepaid & Invoices $277,505.41
The above payments are recommended for approval:
Rejected:____________________
____________________
Approved: December 4, 2024 ___________________________________
Michael R Vanden Berg, Village President
___________________________________
Laurie Decker, Clerk
H:\FINANCE\ACCOUNT PAYABLE\BILLS LIST - Board Mtg
VILLAGE OF LITTLE CHUTE Invoice Register - BILLS LIST Page: 1
Input Dates: 12/4/2024 - 12/4/2024 Nov 26, 2024 01:53PM
Report Criteria:
Invoice Detail.Voided = {=} FALSE
Invoice Description Total Cost Period GL Account
A.P. PLUMBING LLC
9715 1ST FLOOR WOMENS TOILET REPAIR 247.98 11/24 101-51650-242
Total A.P. PLUMBING LLC: 247.98
ACE HARDWARE LITTLE CHUTE
286845 MOUSE TRAP 11.00 11/24 101-53310-218
286860 REFILL STRP WHT MED FOAM 4.59 11/24 101-52200-218
286918 BOLTS & FASTENERS 41.90 11/24 101-52200-218
286937 CLEANING SUPPLIES 8.59 11/24 101-52200-218
286956 VELCRO 12.99 11/24 101-52200-218
Total ACE HARDWARE LITTLE CHUTE: 79.07
AGAPE
54563 REFUND SECURITY DEPOSIT 300.00 11/24 208-21235
Total AGAPE: 300.00
ARROW AUDIO INC
24741 BOARDROOM PROJECTOR & MONITOR REPLACE 12,291.06 11/24 101-51650-306
Total ARROW AUDIO INC: 12,291.06
AUTOMATED COMFORT CONTROLS
37075 PREVENTATIVE MAINTENANCE AT THE SAFETY C 66.85 11/24 207-52120-243
37075 PREVENTATIVE MAINTENANCE AT THE SAFETY C 30.00 11/24 101-52250-243
37083 PREVENTATIVE MAINTENANCE PERFORMED AT 315.35 11/24 101-53310-243
Total AUTOMATED COMFORT CONTROLS: 412.20
AUTOMOTIVE SUPPLY CO
241586 #7 CORE RETURNED 54.00- 11/24 101-53330-225
61005453 #1 AIR FILTER 51.85 11/24 101-53330-225
61005503 #7 OIL FILTER 40.26 11/24 101-53330-225
61005543 GREAES GUN TIP 39.95 11/24 101-53330-218
Total AUTOMOTIVE SUPPLY CO: 78.06
BREHMER, BETTY
54740 REFUND SECURITY DEPOSIT 300.00 11/24 206-21235
54740 FORFEIT LATE KEY PICK UP 200.00- 11/24 206-38211
Total BREHMER, BETTY: 100.00
CHARTER COMMUNICATIONS
152837701111424 NOV/DEC SERVICE 219.99 11/24 207-52120-203
152871901111424 NOV/DEC SERVICE 139.20 11/24 207-52120-203
Total CHARTER COMMUNICATIONS: 359.19
CINTAS
4210966229 UNIFORM PREP 12.66 11/24 101-53330-213
4210966229 MATS & TOWELS 33.03 11/24 101-53330-218
VILLAGE OF LITTLE CHUTE Invoice Register - BILLS LIST Page: 2
Input Dates: 12/4/2024 - 12/4/2024 Nov 26, 2024 01:53PM
Invoice Description Total Cost Period GL Account
4211516284 UNIFORM PREP 12.66 11/24 101-53330-213
4211516284 MATS & TOWELS 33.03 11/24 101-53330-218
4212398167 UNIFORM PREP 12.66 11/24 101-53330-213
4212398167 MATS & TOWELS 33.03 11/24 101-53330-218
Total CINTAS: 137.07
COMMERCIAL RECREATON SPECIALISTS
26601 REPAIR BROKEN SWINGS 1,297.82 11/24 101-55200-242
Total COMMERCIAL RECREATON SPECIALISTS: 1,297.82
DEAN ENTERPRISES LLC
D164938 PORTABLE TOILET - ISLAND TRAIL 416.30 11/24 101-55200-204
D164939 PORTABLE TOILET - HEESAKKER 208.15 11/24 101-55200-204
Total DEAN ENTERPRISES LLC: 624.45
DEFENSE TECHNOLOGY LLC
I016-000027497 IMPACT MUNITIONS - UEBELHER, N 350.00 11/24 207-52120-201
Total DEFENSE TECHNOLOGY LLC: 350.00
ELMSTAR ELECTRICAL CORP
1536101 TRAFFIC SIGNAL REPLACEMENT - DAMAGED 5,889.45 11/24 101-53300-218
Total ELMSTAR ELECTRICAL CORP: 5,889.45
FARRELL EQUIPMENT & SUPPLY CO INC
189896 SAFETY GLASSES 20.97 11/24 101-53300-213
189896 SAFETY GLASSES 20.97 11/24 101-53310-213
189896 SAFETY GLASSES 20.97 11/24 101-53330-213
189896 SAFETY GLASSES 20.97 11/24 101-53460-218
189896 SAFETY GLASSES 20.97 11/24 201-53620-218
189896 SAFETY GLASSES 20.97 11/24 101-53350-213
189896 SAFETY GLASSES 20.97 11/24 101-55200-213
189896 SAFETY GLASSES 20.97 11/24 101-55440-218
189896 SAFETY GLASSES 20.97 11/24 610-53612-213
189896 SAFETY GLASSES 20.97 11/24 620-53644-218
189896 SAFETY GLASSES 20.97 11/24 630-53441-218
189896 SAFETY GLASSES 20.97 11/24 630-53442-213
Total FARRELL EQUIPMENT & SUPPLY CO INC: 251.64
FINGER PUBLISHING INC
BE250787 PH 609 MAIN ST 46.98 11/24 101-51440-227
BE252333 SIDEWALK SNOW AD 94.00 11/24 101-53350-227
Total FINGER PUBLISHING INC: 140.98
GERARDEN, SARAH
54757 REFUND SECURITY DEPOSIT 300.00 11/24 206-21235
Total GERARDEN, SARAH: 300.00
HEID MUSIC
3762226 MUSIC 272.00 11/24 101-55480-218
VILLAGE OF LITTLE CHUTE Invoice Register - BILLS LIST Page: 3
Input Dates: 12/4/2024 - 12/4/2024 Nov 26, 2024 01:53PM
Invoice Description Total Cost Period GL Account
Total HEID MUSIC: 272.00
HYDROCLEAN EQUIPMENT
28317 PRESSURE WATER REPAIRS 175.04 11/24 101-53310-204
Total HYDROCLEAN EQUIPMENT: 175.04
INGRAM LIBRARY SERVICES
84833665 BOOKS 31.60 11/24 206-55110-206
Total INGRAM LIBRARY SERVICES: 31.60
K-9 SERVICES
H11112024 K-9 CERTIFICATION 350.00 11/24 207-52120-236
Total K-9 SERVICES: 350.00
KEITH PETERSEN PLUMBING INC
24110 MECHANICAL SHED PLUMBING UPGRADE 366.75 11/24 420-57620-274
Total KEITH PETERSEN PLUMBING INC: 366.75
KERRY'S VROOM SERVICE INC
10433 OIL CHANGE #123 57.73 11/24 207-52120-247
10435 REPAIRS #111 420.90 11/24 207-52120-247
10437 REPAIRS #181 184.93 11/24 207-52120-247
Total KERRY'S VROOM SERVICE INC: 663.56
LAPPEN SECURITY PRODUCTS INC
LSPQ51692 POOL SECURITY CAMERA BACK UP POWER 332.14 11/24 204-55420-221
Total LAPPEN SECURITY PRODUCTS INC: 332.14
LO, ALICIA
54605 REFUND SECURITY DEPOSIT 300.00 11/24 206-21235
Total LO, ALICIA: 300.00
LYONS, KRIS
EXPRPT110224 APWA FALL CONFERENCE 93.13 11/24 101-51415-201
Total LYONS, KRIS: 93.13
MENARDS - APPLETON EAST
66457 POSTS & WIRE - HOV TREE REIMBURSEMENT 742.53 11/24 101-55440-215
66795 SNOW & ICE SUPPLIES 330.64 11/24 101-53350-218
66961 SUPPLIES 109.24 11/24 101-52200-218
Total MENARDS - APPLETON EAST: 1,182.41
MGD INDUSTRIAL CORP
231480 SHOP SUPPLIES 138.59 11/24 101-53330-218
231480 MISC PARTS #7 & #81 3.72 11/24 101-53330-225
VILLAGE OF LITTLE CHUTE Invoice Register - BILLS LIST Page: 4
Input Dates: 12/4/2024 - 12/4/2024 Nov 26, 2024 01:53PM
Invoice Description Total Cost Period GL Account
Total MGD INDUSTRIAL CORP: 142.31
MISSION TRUCK EQUIPMENT LLC
62283 #3631 PIN 34.00 11/24 101-53330-225
Total MISSION TRUCK EQUIPMENT LLC: 34.00
NASSCO INC
6491194 45 GAL LINER, TOWEL, BATH TISSUE 571.33 11/24 206-55110-244
6491194 45 GAL LINER, TOWEL, BATH TISSUE 394.63 11/24 101-51650-244
6491194 45 GAL LINER, TOWEL, BATH TISSUE 187.65 11/24 207-52120-244
6491194 45 GAL LINER, TOWEL, BATH TISSUE 62.50 11/24 101-52250-244
Total NASSCO INC: 1,216.11
NFPA
2024 MEMBERSHIP RENEWAL - NECHODOM 225.00 11/24 101-52200-208
Total NFPA: 225.00
O'REILLY AUTOMOTIVE INC
2043-475311 SUPPLIES FOR WELDING HELMET 9.99 11/24 101-53330-218
2043-475390 #260 ENGINE OIL 34.46 11/24 101-53330-225
2043-475588 #98 GREASE WHEEL SEALS 18.72 11/24 101-53330-225
2043-475923 #29 DETAILING CLEANER 21.98 11/24 101-53330-225
2043-476411 #15 BRINE SPRAYER PART 13.59 11/24 101-53330-225
2043-476420 #15 BRINE SPRAYER PART 11.04 11/24 101-53330-225
Total O'REILLY AUTOMOTIVE INC: 109.78
OUTAGAMIE COUNTY
1021266 CTH "OO" AND FRENCH INTERSECTION 3,172.32 11/24 452-51231-263
Total OUTAGAMIE COUNTY: 3,172.32
PEPSI-COLA
67476007 BEVERAGES 430.50 11/24 101-52200-211
Total PEPSI-COLA: 430.50
PRIMADATA LLC
DECEMBER 2024 POSTCARD POSTAGE 350.00 12/24 201-53620-226
DECEMBER 2024 POSTCARD POSTAGE 350.00 12/24 610-53613-226
DECEMBER 2024 POSTCARD POSTAGE 350.00 12/24 620-53904-226
DECEMBER 2024 POSTCARD POSTAGE 350.00 12/24 630-53443-226
Total PRIMADATA LLC: 1,400.00
R.N.O.W. INC
2024-72835 #6 GRABBER ASSEMBLY 423.10 11/24 101-53330-225
Total R.N.O.W. INC: 423.10
RAY O'HERRON
2363394 RAIL MOUNT LAUNCH, ROGERS SUPER STOC 111.80 11/24 207-52120-223
VILLAGE OF LITTLE CHUTE Invoice Register - BILLS LIST Page: 5
Input Dates: 12/4/2024 - 12/4/2024 Nov 26, 2024 01:53PM
Invoice Description Total Cost Period GL Account
Total RAY O'HERRON: 111.80
RESQ ENVIRONMENTS LLC
51 RESCUE TASK FORCE GO BAG ONLY 480.00 11/24 101-52200-213
51 RTF GO BAG W/COMPLETE TRAUMA BUNDLES 6,000.00 11/24 101-52200-213
Total RESQ ENVIRONMENTS LLC: 6,480.00
RIVERSIDE BY REYNEBEAU FLORAL
260 FLORAL ARRANGEMENT- GRADY, S 68.50 11/24 207-52120-218
Total RIVERSIDE BY REYNEBEAU FLORAL: 68.50
SIGNCOUNTRY
21189 QR CODE OVERLAY DECALS 262.00 11/24 101-52200-207
21206 BADGE & HELMET DECALS 551.00 11/24 101-52200-207
Total SIGNCOUNTRY: 813.00
STAPLES ADVANTAGE
6017544173 OFFICE SUPPLIES 95.80 11/24 207-52120-206
Total STAPLES ADVANTAGE: 95.80
STONERIDGE LITTLE CHUTE LLC #384
22066281533 FOOD 310.20 11/24 101-52200-211
23041811637 FOOD 120.58 11/24 101-52200-211
Total STONERIDGE LITTLE CHUTE LLC #384: 430.78
SWINKLES TRUCKING & EXCAVATING CORP
63679 TOPSOIL 30.42 11/24 101-55200-218
63679 TOPSOIL 30.42 11/24 101-53300-216
63679 TOPSOIL 30.41 11/24 620-53644-251
Total SWINKLES TRUCKING & EXCAVATING CORP: 91.25
TAPCO
I791638 REPAIR TRAFFIC SIGNALS ELM&FREEDOM, NOR 1,866.50 11/24 101-53300-204
Total TAPCO: 1,866.50
THORNE, LISA
54603 REFUND SECURITY DEPOSIT 300.00 11/24 208-21235
Total THORNE, LISA: 300.00
TITLETOWN DRONES LLC
24854 DRONE TRAINING - WERY 223.95 11/24 207-52120-201
Total TITLETOWN DRONES LLC: 223.95
TRIUMPH TIRES
467436 TIRE #98 & MISC PARTS #18 & #98 260.00 11/24 101-53330-225
467436 SPARE TIRE 95.00 11/24 101-53330-218
467445 #155 STEER TIRE REPLACEMENT 208.00 11/24 101-53330-225
VILLAGE OF LITTLE CHUTE Invoice Register - BILLS LIST Page: 6
Input Dates: 12/4/2024 - 12/4/2024 Nov 26, 2024 01:53PM
Invoice Description Total Cost Period GL Account
467457 #6 DRIVER TIRES 1,865.00 11/24 101-53330-225
Total TRIUMPH TIRES: 2,428.00
UNITED RAYNOR
25886 OVERHEAD DOOR REPAIR 314.00 11/24 101-53310-204
Total UNITED RAYNOR: 314.00
US POSTMASTER
WINTER 2024 WINTER NEWSLETTER 627.68 11/24 101-51960-227
Total US POSTMASTER: 627.68
VALLEY LIQUOR
163851 BEVERAGES AND SUPPLIES 188.94 11/24 101-52200-211
Total VALLEY LIQUOR: 188.94
VAN ERT ELECTRIC CO INC
1-029375 VILLAGE HALL CAMERAS AND CONDUIT 7,681.63 11/24 101-51650-306
Total VAN ERT ELECTRIC CO INC: 7,681.63
VERMEER WISCONSIN
30114565 #98 BRAKE 596.22 11/24 101-53330-225
Total VERMEER WISCONSIN: 596.22
VILLAGE OF COMBINED LOCKS
202412 PROPERTY STORAGE AREA LEASE 790.67 12/24 207-52120-204
Total VILLAGE OF COMBINED LOCKS: 790.67
VILLAGE OF LITTLE CHUTE
NOVEMBER 2024 SAFETY CENTER 339.62 11/24 207-52120-249
NOVEMBER 2024 SAFETY CENTER 84.91 11/24 101-52250-249
NOVEMBER 2024 VILLAGE HALL 161.38 11/24 101-51650-249
NOVEMBER 2024 CIVIC CENTER 350.29 11/24 206-55110-249
NOVEMBER 2024 DOYLE PARK DPI RESTROOMS 962.47 11/24 101-55200-249
NOVEMBER 2024 HERITAGE PARK 10.90 11/24 101-55200-249
NOVEMBER 2024 LEGION PARK SPRINKLER 410.24 11/24 101-55200-249
NOVEMBER 2024 LEGION PARK RESTROOMS 541.88 11/24 101-55200-249
NOVEMBER 2024 VAN LEISHOUT PARK 443.48 11/24 101-55200-249
NOVEMBER 2024 VAN LIESHOUT PARK CONCESSION 10.97 11/24 101-55200-249
NOVEMBER 2024 1509 E LINCOLN - ICE RINK 34.48 11/24 101-55200-249
NOVEMBER 2024 HEESAKKER PARK - BUBBLER 115.30 11/24 101-55200-249
NOVEMBER 2024 HEESAKKER PARK RESTROOMS 159.04 11/24 101-55200-249
NOVEMBER 2024 801 MILLER LN - MILLER TOT LOT 4.49 11/24 101-55200-249
NOVEMBER 2024 HIETPAS ST - JAYCEE TOT LOT 5.32 11/24 101-55200-249
NOVEMBER 2024 1601 GRANT ST - KINLEY TOT LOT 4.49 11/24 101-55200-249
NOVEMBER 2024 900 HARVEST TRIAL - CREEKVIEW TOT LOT 64.95 11/24 101-55200-249
NOVEMBER 2024 W GREENFIELD DR - VAN ZEELAND TOT LOT 7.79 11/24 101-55200-249
NOVEMBER 2024 DOYLE SHELTER 11.51 11/24 101-55200-249
NOVEMBER 2024 DOYLE PARK POOL/RESTROOMS 190.71 11/24 204-55420-249
NOVEMBER 2024 DOYLE PARK POOL/RESTROOMS 190.71 11/24 204-55420-249
NOVEMBER 2024 DOYLE PARK POOL 112.18 11/24 204-55420-249
VILLAGE OF LITTLE CHUTE Invoice Register - BILLS LIST Page: 7
Input Dates: 12/4/2024 - 12/4/2024 Nov 26, 2024 01:53PM
Invoice Description Total Cost Period GL Account
NOVEMBER 2024 PUMP STATION JEFFERSON ST 36.82 11/24 620-53624-249
NOVEMBER 2024 DOYLE PARK WELL #1 15.05 11/24 620-53624-249
NOVEMBER 2024 #3 WELL WASHINGTON ST 12.38 11/24 620-53624-249
NOVEMBER 2024 715 DEPOT ST 42.08 11/24 418-57800-204
NOVEMBER 2024 719 DEPOT ST 8.25 11/24 418-51225-249
NOVEMBER 2024 723 DEPOT ST 8.25 11/24 418-51225-249
NOVEMBER 2024 625 E EVERGREEN DR 152.32 11/24 620-53624-249
NOVEMBER 2024 1200 STEPHEN ST - WATER TOWER 29.70 11/24 620-53624-249
NOVEMBER 2024 1401 E ELM DR VILLAGE GARAGE 910.00 11/24 101-53310-249
NOVEMBER 2024 721 W ELM - REC CENTER 26.46 11/24 208-52900-249
NOVEMBER 2024 MISC PARKING LOTS OWNED BY VLC 202.95 11/24 101-53300-248
NOVEMBER 2024 3609 FREEDOM RD-WATER/SEWER 18.15 11/24 630-53441-249
Total VILLAGE OF LITTLE CHUTE: 5,679.52
VINTON CONSTRUCTION CO
24083.X2 SPLASH PAD SHED FLASHING INSTALLED 250.00 11/24 420-57620-274
Total VINTON CONSTRUCTION CO: 250.00
VON BRIESEN & ROPER S.C.
475568 GENERAL LABOR 207.00 11/24 101-51110-262
475595 FVMPD 552.00 11/24 207-52120-262
Total VON BRIESEN & ROPER S.C.: 759.00
WOICEK, MATTHEW
EXPRPT110224 APWA FALL CONFERENCE 184.26 11/24 101-51415-201
Total WOICEK, MATTHEW: 184.26
ZUEGE-HALVORSEN, THERESA
1011 REAL COLORS INSTRUCTIONS 450.00 11/24 101-51400-204
2011 REAL COLORS BOOKLETS & MILEAGE 1,029.70 11/24 101-51400-204
Total ZUEGE-HALVORSEN, THERESA: 1,479.70
Grand Totals: 65,239.92
Report GL Period Summary
Vendor number hash: 252880
Vendor number hash - split: 423146
Total number of invoices: 85
Total number of transactions: 145
Terms Description Invoice Amount Net Invoice Amount
Open Terms 65,239.92 65,239.92
Grand Totals: 65,239.92 65,239.92
VILLAGE OF LITTLE CHUTE Invoice Register - BILLS LIST Page: 8
Input Dates: 12/4/2024 - 12/4/2024 Nov 26, 2024 01:53PM
Terms Description Invoice Amount Net Invoice Amount
Report Criteria:
Invoice Detail.Voided = {=} FALSE
VILLAGE OF LITTLE CHUTE Invoice Register - PREPAID INVOICES Page: 1
Input Dates: 11/15/2024 - 11/15/2024 Nov 22, 2024 09:37AM
Invoice Type Description Total Cost Terms 1099 Period GL Account
2024 UTILITY REFUNDS (5485)
1-703000-05 Invoi OVRPYMT - 3670 CHERRYVALE L3 39.03 Open Non 11/24 001-15000
1-703110-07 Invoi OVRPYMT - 3645 CHERRYVALE J4 33.44 Open Non 11/24 001-15000
Total 2024 UTILITY REFUNDS (5485): 72.47
AMERICAN FIDELITY ASSURANCE (4885)
2463551 Invoi FLEX 2,107.33 Open Non 11/24 101-21368
Total AMERICAN FIDELITY ASSURANCE (4885): 2,107.33
AT&T LONG DISTANCE (2751)
8456268571024 Invoi SEPT/OCT CHARGES .82 Open Non 11/24 101-51650-203
8456268571024 Invoi SEPT/OCT CHARGES 3.46 Open Non 11/24 206-55110-203
8456268571024 Invoi SEPT/OCT CHARGES 1.77 Open Non 11/24 207-52120-203
8456268571024 Invoi SEPT/OCT CHARGES .74 Open Non 11/24 620-53924-203
Total AT&T LONG DISTANCE (2751): 6.79
CHARTER COMMUNICATIONS (89)
160871108024 Invoi NOV/DEC SERVICE 164.88 Open Non 11/24 101-51650-203
Total CHARTER COMMUNICATIONS (89): 164.88
KWIK TRIP INC (2365)
2867681024 Invoi FUEL 3,426.10 Open Non 11/24 207-52120-247
Total KWIK TRIP INC (2365): 3,426.10
MARCO INC (3910)
37783547 Invoi COPIER @ MSB BUILDING 58.62 Open Non 11/24 101-53310-207
37783547 Invoi 1ST FLOOR COPIER @ VH 110.27 Open Non 11/24 101-51650-207
37783547 Invoi 2ND FLOOR COPIER @ VH 90.26 Open Non 11/24 101-51650-207
37783547 Invoi 3RD FLOOR COPIER @ VH 53.76 Open Non 11/24 101-51650-207
Total MARCO INC (3910): 312.91
THEDACARE (1983)
121005551024 Invoi BLOOD DRAWS - OCTOBER 297.50 Open Med 11/24 207-52120-204
Total THEDACARE (1983): 297.50
T-MOBILE (5286)
9950559581024 Invoi PHONE & MOBILE INTERNET 1,320.21 Open Non 11/24 207-52120-203
Total T-MOBILE (5286): 1,320.21
Grand Totals: 7,708.19
Report GL Period Summary
Vendor number hash: 32239
Vendor number hash - split: 52222
Total number of invoices: 9
Total number of transactions: 15
VILLAGE OF LITTLE CHUTE Invoice Register - PREPAID INVOICES Page: 2
Input Dates: 11/15/2024 - 11/15/2024 Nov 22, 2024 09:37AM
Terms Description Invoice Amount Net Invoice Amount
Terms Description Invoice Amount Net Invoice Amount
Open Terms 7,708.19 7,708.19
Grand Totals: 7,708.19 7,708.19
VILLAGE OF LITTLE CHUTE Invoice Register - PREPAID INVOICES Page: 1
Input Dates: 11/22/2024 - 11/22/2024 Nov 22, 2024 09:35AM
Invoice Type Description Total Cost Terms 1099 Period GL Account
2024 UTILITY REFUNDS (5485)
1-160370-10 Invoi OVRPYMT - 409 PARK AVE 24.49 Open Non 11/24 001-15000
1-160370-10 Adju OVRPYMT - 409 PARK AVE 24.49- Open Non 11/24 001-15000
1-160370-10 Invoi OVRPYMT - 409 PARK AVE 24.49 Open Non 11/24 001-15000
Total 2024 UTILITY REFUNDS (5485): 24.49
AT& T (409)
92078873811124 Invoi OCT/NOV SERVICES 17.58 Open Non 11/24 207-52120-203
92078873811124 Invoi OCT/NOV SERVICES 52.73 Open Non 11/24 101-53310-203
92078873811124 Invoi OCT/NOV SERVICES 17.58 Open Non 11/24 204-55420-203
92078873811124 Invoi OCT/NOV SERVICES 17.58 Open Non 11/24 101-53310-203
92078873811124 Invoi OCT/NOV SERVICES 70.31 Open Non 11/24 620-53924-203
92078873811124 Invoi OCT/NOV SERVICES 52.72 Open Non 11/24 206-55110-203
92078873811124 Invoi OCT/NOV SERVICES 52.72 Open Non 11/24 101-53310-203
Total AT& T (409): 281.22
CELLCOM (4683)
15061 Invoi ENGINEERING 237.09 Open Non 11/24 101-51415-203
15061 Invoi DPW 252.52 Open Non 11/24 101-53310-203
15061 Invoi PARKS 139.60 Open Non 11/24 101-55200-203
15061 Invoi REC 80.10 Open Non 11/24 101-55300-203
15061 Invoi FACILITIES 33.33 Open Non 11/24 101-51650-203
15061 Invoi INSPECTOR PHONE CHARGES 33.33 Open Non 11/24 101-52050-203
15061 Invoi COMMUNITY DEVELOPER PHONE CHARGES 29.78 Open Non 11/24 101-51530-203
15061 Invoi ADMINISTRATION PHONE CHARGES 33.33 Open Non 11/24 101-51400-203
15061 Invoi STORM I-PADS 23.59 Open Non 11/24 630-53442-218
15061 Invoi STREETS I-PADS 47.18 Open Non 11/24 101-53300-218
15061 Invoi VEHICLE MAINTENANCE I-PADS 23.59 Open Non 11/24 101-53330-218
15061 Invoi SANITARY SEWER I-PAD 23.59 Open Non 11/24 610-53612-218
Total CELLCOM (4683): 957.03
CHARTER COMMUNICATIONS (89)
566381124 Invoi NOV/DEC SERVICE 12.27 Open Non 11/24 101-52200-204
Total CHARTER COMMUNICATIONS (89): 12.27
DELTA DENTAL OF WISCONSIN (33)
2249836 Invoi DENTAL - DECEMBER 6,369.85 Open Non 11/24 101-21345
2249836 Invoi VISION - DECEMBER 462.54 Open Non 11/24 101-21366
Total DELTA DENTAL OF WISCONSIN (33): 6,832.39
GORDON FLESCH COMPANY INC (4989)
I00969508 Invoi GFC LEASING CANON 180.29 Open Non 11/24 206-55110-209
Total GORDON FLESCH COMPANY INC (4989): 180.29
SCHWAAB INC (1925)
4638742 Invoi REDUCE AMT OF SALES TAX ON DATE STAMP & I 6.74- Open Non 11/24 101-51650-206
Total SCHWAAB INC (1925): 6.74-
THE SPRINKLER CO INC (2246)
98284 Invoi HERITAGE PARK REPAIRS FOR WINTERIZATION 307.50 Open Non 11/24 101-52200-204
VILLAGE OF LITTLE CHUTE Invoice Register - PREPAID INVOICES Page: 2
Input Dates: 11/22/2024 - 11/22/2024 Nov 22, 2024 09:35AM
Invoice Type Description Total Cost Terms 1099 Period GL Account
Total THE SPRINKLER CO INC (2246): 307.50
Grand Totals: 8,588.45
Report GL Period Summary
Vendor number hash: 19859
Vendor number hash - split: 84829
Total number of invoices: 8
Total number of transactions: 28
Terms Description Invoice Amount Net Invoice Amount
Open Terms 8,588.45 8,588.45
Grand Totals: 8,588.45 8,588.45
MINUTES OF THE REGULAR BOARD MEETING OF NOVEMBER 20, 2024
Call to Order: President Vanden Berg called the Regular Board Meeting to Order at 6:00 p.m.
Pledge Allegiance to the Flag
President Vanden Berg led members in the reciting of the Pledge of Allegiance.
Roll call of Trustees
PRESENT: Michael Vanden Berg, President
Joe Harlow, Trustee
David Peterson, Trustee
Don Van Deurzen, Trustee
Larry Van Lankvelt, Trustee
Brian Van Lankveldt, Trustee
Rosie Sprangers, Trustee
Roll call of Officers and Department Heads
PRESENT: Beau Bernhoft, Administrator
John McDonald, Director of Parks, Rec and Forestry
Kent Taylor, Director of Public Works
Lisa Remiker-DeWall, Finance Director
Fox Valley Metro Police Chief Meister
Matthew Woicek, Assistant Director of Public Works
Megan Kloeckner, Library Director
Tyler Claringbole, Village Attorney
EXCUSED: Jessica Titel, Community Development Director
Megan Kloeckner, Library Director
Tyler Claringbole, Village Attorney
Public Appearance for Items Not on the Agenda
None
Consent Agenda
Items on the Consent Agenda are routine in nature and require one motion to approve all items listed. Prior to
voting on the Consent Agenda, items may be removed at the request of any Board Member or member of the
public. Any removed items will be considered immediately following the motion to approve the other items.
1. Disbursement List
2. Approval of the Minutes of November 6, 2024
3. Approval of 2025 Budget/Committee Schedule
Moved by Trustee L. Van Lankvelt, seconded by Trustee B. Van Lankveldt to Approve the Consent
Agenda as presented.
Ayes 7, Nays 0 – Motion Carried
Discussion/Action– 2025 Budget Adjustments
Director Remiker-DeWall presented budget adjustments and was available for questions.
Moved by Trustee Harlow, seconded by Trustee Peterson to approve the Budget Adjustments
Roll Call Vote
Mike Vanden Berg Aye
Larry Van Lankvelt Aye
Don Van Deurzen Aye
Dave Peterson Aye
Rosie Sprangers Aye
Joe Harlow Aye
Brian Van Lankveldt Aye
Ayes 7, Nays 0 – Motion Carried
Action/Discussion – Fire Department Great Wisconsin Cheese Festival Grant
The Great Wisconsin Cheese Festival awarded the Little Chute Fire Department $5,629 for the purchase of
protective gear in the event of an active shooter incident.
Moved by Trustee B. Van Lankveldt, seconded by Trustee Peterson to approve the Budget Adjustment
Roll Call Vote
Mike Vanden Berg Aye
Larry Van Lankvelt Aye
Don Van Deurzen Aye
Dave Peterson Aye
Rosie Sprangers Aye
Joe Harlow Abstain
Brian Van Lankveldt Aye
Ayes 6, Nays 0 (Harlow Abstain) – Motion Carried
Discussion – WisDot Municipal Utility Agreement
Matt Woicek, Assistant Public Works Director, provided an overview of the agreement. Due time sensitivity of
the project and preventing delays the agreement was previously authorized by President Vanden Berg.
Discussion/Action – Utility Commission Appointment
Reappointment of Tom Buchholz for five-year term.
Moved by Trustee B. Van Lankveldt, seconded by Trustee L. Van Lankvelt to approve appointment.
Ayes 7, Nays 0 – Motion Carried
Department and Officer Reports
Department Heads and Officers provided progress reports to the Board.
Call for Unfinished Business
None
Items for Future Agenda
None
Adjournment
Moved by Trustee Van Deurzen, seconded by Trustee Peterson to Adjourn the Regular Board meeting at
6:09 p.m.
Ayes 7, Nays 0 – Motion Carried
VILLAGE OF LITTLE CHUTE
By: ___________________________________
Michael R. Vanden Berg, Village President
Attest:
Laurie Decker, Village Clerk
CONTRACT
Between
Village of Little Chute
&
MIDWEST CONTRACT OPERATIONS, INC.
Neenah, Wisconsin
Operations and Maintenance of the
Water Treatment Facilities
for the
Village of Little Chute
TABLE OF CONTENTS
PAGE NO.
PREAMBLE 1
I. TERM & TERMINATION 2
A. Effective Data 2
B. Duration of Contract 2
C. Termination of Contract 2
II. SCOPE OF SERVICES 2
III. OWNER FUNCTIONS 4
IV. COMPENSATION 5
A. MCO - Compensation & Related Procedure 5
B. Adjustments to MCO Compensation 6
C. Owner – Payment of Owners Employees 6
D. Renegotiation of Contract 6
V. GENERAL PROVISIONS 7
A. Insurance & Risk Provisions 7
B. Warranties & Representations of MCO 9
C. Confidentiality: Public Records 10
D. Non-Solicitation and Non-Interference 10
E. Dispute Resolution 11
F. Miscellaneous 11
SIGNATURES 14
EXHIBIT “A” 15
CONTRACT
Between the
Village of Little Chute
&
Midwest Contract Operations, Inc.
Neenah, Wisconsin
To Operate, Maintain & Manage the
Water Treatment Facilities
for the
Village of Little Chute
CONTRACT, made this ___________ day of ________________, 2024 by and between the
Village of Little Chute, Little Chute, Wisconsin, with principal offices located at Little Chute,
Wisconsin 54140 (hereafter referred to as “Owner”); and MIDWEST CONTRACT OPERATIONS,
INC., a Wisconsin general business corporation, formed and operating under Chapter 180,
Wisconsin Statute, with its principal offices located at 101 Garfield Avenue, Menasha, Wisconsin
54952 (hereafter referred to as “MCO”).
PREAMBLE
The Owner is the operator of a municipal water system (hereafter the “water system”).
The Owner and MCO desire to enter into a five (5) year contract for MCO to function as the
Commission’s operator of the water system.
NOW THEREFORE, in consideration of the mutual covenants herein contained, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is
agreed between the Owner and MCO as follows:
1
I. TERM & TERMINATION
A. EFFECTIVE DATE
This contract shall be effective as of JANUARY 1, 2025.
B. DURATION OF CONTRACT
This Contract shall be effective through DECEMBER 31, , 2029
C. TERMINATION OF CONTRACT
1. Either party may terminate this Contract upon one-hundred eighty (180) days prior
written notice, with or without cause.
2. The Owner may terminate this Contract effective forty-eight (48) hours after the
Owner gives written or actual notice to MCO or MCO’s management
representative, on site, if the Owner, the wastewater system, or other public or
private property or person suffers significant damage (defined as in excess of
Fifteen Thousand & no/100 Dollars $15,000.00) as the sole result of MCO’s
negligent, intentional or other breach of due performance of this Contract or
tortuous conduct in carrying out this Contract.
3. In the event of termination under Subsection 1., MCO shall be obligated to continue
to faithfully perform the Contract until the date the termination is effective (i.e., the
one-hundred eighty (180) daytime period under C.1. above unless the parties
agree to a different termination date).
II. SCOPE OF SERVICES
In general, Midwest Contract Operations, Inc. (MCO) shall operate and maintain the Owner’s
water systems; manage MCO’s employees in performing operations; seek to achieve compliance
with environmental and other regulatory laws applicable to the systems; and report to the Owner
regularly on the status of such activities. MCO’s services are for labor only related to system
operation, maintenance and management and do not include professional design or engineering
services.
2
The policy making and governmental functions relating to the water systems shall remain fully
vested with and under the exclusive control of the Owner. Owner’s functions shall include, but
not be limited to, making decisions regarding significant capital requirements for the systems (i.e.,
improvements, repairs, etc.); changes of treatment processes; enacting or recommending
necessary and appropriate ordinances; approving all major contracting for services or goods;
responsibility for regulations regarding environmental regulatory compliance through agencies
such as the Wisconsin Department of Natural Resources (hereinafter referred to as "DNR"),
United States Environmental Protection Agency (hereinafter referred to as “EPA”), or Public
Services Commission of Wisconsin (hereinafter “PSCW”), funding and the like; and any other
significant policy or financial decisions regarding the systems. In the event of any questions
regarding possible implications or consequences of an operational decision falling under the
Owner’s policy making or governmental functions, MCO shall consult with the Owner with regard
to actions that may be necessary under this paragraph. However, in all events, the matter shall
be deemed within the oversight and policy and financial function of the Owner and the Owner’s
decision in the matter shall in all events be controlling.
Without limiting the generality of the foregoing, the following is a list of specific contractual services
to be performed by MCO under this Contract:
1. Provide personnel with proper state certification necessary to manage the operation and
maintenance of the Owner water system. MCO staff will also respond to emergency situations
as required and participate in the WisWARN program.
2. Maintain and develop operation procedures as required by DNR, EPA, or PSCW rules and
regulations including recommended cyber security protection safeguards.
3. Assist in the preparation of annual operation and maintenance budgets, submit and review
with the Owner and Engineer.
4. Prepare and submit other routine, periodic reports that may be required from time to time by
the DNR (excluding any engineering studies) and provide a monthly operations report to the
Owner.
5. Review with the Owner on newly enacted DNR, EPA, or PSCW programs as to how they
would apply to the Owner.
6. Provide training for MCO personnel in the areas of operations, maintenance, safety,
supervisory skills, laboratory, energy management, etc. A proper safety program shall be
developed and implemented, and all portions of that program shall be adhered to. This safety
program is for MCO personnel only and remains the sole property of MCO. The owner shall
provide all the required safety equipment. MCO is not responsible for safety training of Owner
employees, or safety plans and/or assessments relating to owner’s buildings or structures.
7. Provide the following field service: flush system and private hydrants twice each year,
exercise system and private valves, water meter testing and replacement, residential cross
connection inspections per DNR schedule, system sampling and testing, provide occasional
field locates, and responding to customer complaints.
3
8. Provide labor necessary for routine maintenance or minor modifications of the water system.
Routine maintenance is defined as any maintenance that is necessary and appropriate to
keep the water system functioning up to consistent, acceptable standards over the useful life
of such equipment, and consists of preventive maintenance scheduling and tracking, normal
corrective maintenance, and spare parts inventory and control. MCO shall provide the Owner
with full documentation that preventive maintenance is being performed on all Owner owned
equipment in accordance with the manufacturer’s recommendations at intervals and in
sufficient detail as may be determined by the Owner. MCO shall be responsible for
maintaining the new equipment purchased by the Owner and assist the Owner in enforcing
equipment warranties and guarantees.
9. Coordinate capital improvement projects with outside contractors.
10. Comply with the policies, rules, regulations, and ordinances of the Owner, particularly as
they relate to the work environment.
11. Attend the Village Water Commission meetings as needed.
12. MCO will provide staff to read the radio or AMR water meters on a monthly schedule
including final readings.
13. MCO will perform clear water inspections and sump pump inspections during routine meter
changes at residential properties.
14. MCO will coordinate the test of all Village owned RPZ valves, each Village department will
pay the direct cost for each test and repairs if needed.
15. MCO will read and assist the Village in recommendations for installation of all Village
customer sewer meters. MCO will assist the Village with maintenance and testing of these
meters. If MCO staff is unable to perform a test on the meters, MCO will coordinate with a
third party to perform and will invoice the Sewer Utility. Any sampling of waste at the sewer
manholes will be invoiced per attached Fee Schedule. Fee Schedule will be updated
annually on the first of the year.
16. MCO to maintain: Standard Operation Procedure (SOP) manual for all wells, SCADA,
chemical feed, treatment processes, and pumping stations. These SOP’s need to be
updated yearly, with a due date of the last working day of each contract year.
17. MCO to maintain: WDNR Required Emergency Response Plan (ERP). This ERP needs to
be updated yearly, with a due date of the last working day of each contract year.
18. MCO will assist the Village in updating and maintaining the Water Department GIS
information pertaining to all Water Department assets.
III. OWNER FUNCTIONS
The Owner may exercise the following functions relative to the water system:
4
1. All policy decisions regarding the level or kind of treatment or other regulatory standards
shall be reserved to the Owner.
2. All decisions regarding capital improvements or treatment or control strategies as they
may affect the relative requirement for labor or capital, and annual budget approval.
3. Unless otherwise agreed in writing, outside services contracted for, from time to time, by
the Owner, shall be supervised and controlled by the Owner and MCO’s role shall be
limited to providing periodic suggestions concerning future improvements in the nature or
scope of the contracted services that might be beneficial to the Owner. If MCO acquires
actual knowledge of a deficiency, error, or omission by the outside contractor in the
performance of the contracted services, MCO agrees to bring such matters to the attention
of the Owner, but shall not have any further management or supervisory functions with
regard to the outside contractor, unless otherwise specifically agreed in writing by MCO
4. All policy questions regarding customer relations, including but not limited to billing or
service disputes.
5. All enactment of ordinances, rules, regulations, or the like relating to the water system and
any enforcement thereof.
6. All applications, operations, requests for action, hearing, modifications, or the like that may
be filed with the DNR, EPA, PSCW or any other regulatory body.
7. All aspects of generating, computing, obtaining authority for, billing and collecting charges
for the water system, and managing any disputes arising thereof.
8. Any intergovernmental services or agreements.
9. The determination of the budget for the water system, except that the budget must include
and provide for the payment of compensation to MCO as provided herein.
10. The Owner may direct MCO to adjust specific strategies in response to regulatory
concerns, or administrative or court order. In such events, MCO agrees to promptly follow
such instructions, notwithstanding that MCO may in good faith question whether its actions
are within the scope of this Contract. Such disputes, if any, shall be resolved pursuant to
Section V, paragraph D, below entitled “Dispute Resolution,” but such matters will not be
cause for MCO to delay conducting the Owner’s instructions. This provision
acknowledges that by entering into this Contract, the Owner retains its obligations under
its various regulatory programs. MCO hereby agrees to respond to the environmental
regulatory concerns of the Owner in a speedy and responsive manner, and that disputes
regarding compensation and scope of services be left for subsequent resolution.
11. The Owner shall supervise and control MCO’s performance of this Contract by reviewing
MCO’s reports and activities and monitoring performance with such frequency and
methods as the Owner may in its discretion determine.
12. The Owner will provide a minimum of (2) vehicles (trucks) with Village logos for MCO
personal use. All MCO vehicles, including MCO’s UTV, used for the work performed under
5
this contract will be billed at the current IRS standard mileage rate. This will be invoiced
monthly separate from the contract invoice.
IV. COMPENSATION
A. MCO - Compensation & Related Procedure
In consideration of the MCO scope of services described, and in consideration of all other
terms and conditions of this Contract, the Owner shall compensate MCO as follows:
1. At all times hereunder, MCO shall be financially responsible for all MCO direct
labor costs, indirect labor costs and operational costs as set forth in Exhibit A,
attached.
2. Each month, MCO shall bill the Owner one-twelfth (1/12) of the annual amount
due MCO. The Owner shall make monthly payments on the first of each month for
which services will be rendered.
B. Adjustments to MCO Compensation
Compensation to MCO, per Exhibit A, may, at MCO’s sole option, be increased annually
during the term of the contract. MCO shall be permitted to adjust compensation up a
minimum of 2.5% or to an amount equal to the U.S. Consumer Price Index percentage
cost of living increase for all urban consumers (CPI-U) whichever is greater. However, the
increase may not exceed 5.0% in any year. The category is known as “all items,” utilizing
the national U.S. city average. The period used for comparison will be September of the
preceding year to August of the current year. The first adjustment date shall be January
1, 2026.
It is understood that the consumer price index shall apply to Exhibit “A” each year for Direct
Labor, Indirect Labor and Operational Costs, but shall not apply to amount(s) of actual
MCO liability insurance or group health premiums paid to and for the benefit of MCO by
Owner, by monthly voucher system.
1. Exception – General Liability Insurance. General Liability Insurance costs of MCO will
be invoiced to Owner at MCO’s actual cost.
2. Exception – Group Health/Medical Insurance. Group Health/Medical Insurance will be
invoiced to the Owner at MCO’s blended family/single cost obtaining annual
competitive quotes.
C. Owner - Payment of Owners Employees
The Owner shall continue to be solely responsible and liable for the payment of all labor
costs, direct and indirect, under and within its “operating budget” or as may be approved
by Owner in excess of its operating budget as to all Owner employees (other than MCO
6
employees). Employees and other service providers of Owner shall not be deemed to be
employees of MCO for any purpose. The parties agree that MCO is not and shall not be
considered to be a joint employer of Owner’s employees, agents, and/or workers for any
purpose, including, but not limited to, any liability for direct or indirect labor costs,
employee benefits, Worker’s Compensation coverage or unemployment insurance for
such employees and service providers of Owner.
D. Renegotiation of Contract
If the MCO scope of services is required to change, such change resulting from mutual
agreement of the parties, or acts or deeds beyond the control of MCO, such as and without
limitation include:
(i) Acts of God, floods, unforeseen emergencies, or other events of force majeure
making MCO’s performance as contemplated herein impractical; or
(ii) Agreement of both parties to expand the scope of services to be provided, or
(iii) A significant change in the number of users of the Owner water system, or
changes in DNR, EPA, or PSCW programs or directives, or other applicable rules
and regulations, if such changes in flow, characteristics, number of users or
regulations are unforeseen and substantially change the nature of operational
responsibility in order to continue to operate the water system in a cost effective
and environmentally sound matter.
then, MCO and the Owner shall either:
1. Immediately renegotiate the scope of services as defined, and renegotiate MCO
compensation (Exhibit A) relating to such change in circumstances; or
2. The Owner and/or MCO may declare this Contract terminated in its entirety upon
ninety (90) days’ written notice following the event precipitating the change in
contractual obligations of the Owner and MCO, in accordance with Section 1,
paragraph C.
Nothing herein shall prevent the Owner and MCO from mutually agreeing in writing to
amend the scope of services and compensation, or any other terms herein, for any
reasons they deem appropriate.
V. GENERAL PROVISION
A. Insurance and Risk Provisions
INDEMNIFICATION
7
Except as otherwise provided in this Section V, paragraph A, MCO agrees to and
shall hold Owner, its elected and appointed officers, and employees harmless from
any liability for claims or damages that the Owner becomes liable to pay for personal
injury or property damage to the extent caused by the negligence of MCO. Owner
agrees to and shall hold MCO, its officers, and employees harmless from any liability
for claims or damages that MCO becomes liable to pay for personal injury or property
damage to the extent caused by the negligence of Owner.
Owner acknowledges that, in seeking the services of MCO under this Agreement,
Owner is requesting MCO to undertake uninsurable environmental and other
operational obligations for Owner's benefit. Therefore, Owner agrees that, with the
exception of such liability as may arise out of the negligence, willful misconduct or
intentional omissions of MCO, or its officers or employees, in performing services
under this Agreement, Owner shall indemnify, defend and hold harmless MCO, its
officers, and employees from and against any and all claims, losses, damages,
liabilities and cost, including but not limited to costs of defense, arising under local,
state, or federal laws, including but not limited to the Solid Waste Disposal Act, Clean
Owner acknowledges that, in seeking the services of MCO under this Agreement,
Owner is requesting MCO to undertake uninsurable environmental and other
operational obligations for Owner's benefit. Therefore, Owner agrees that, with the
exception of such liability as may arise out of the negligence, willful misconduct or
intentional omissions of MCO, or its officers or employees, in performing services
under this Agreement, Owner shall indemnify, defend and hold harmless MCO, its
officers, directors, employees, and agents from and against any and all claims,
losses, damages, liabilities and costs, including but not limited to costs of defense,
arising under local, state, or federal laws, including but not limited to the Solid Waste
Disposal Act, Clean Water Act, Comprehensive Environmental Response,
Compensation and Liability Act, or Resource Conservation and Recovery Act, or
directly or indirectly connected with the presence, discharge, release, disposal, or
escape of hazardous substances of wastes, pollutants, or contaminants of any kind
whether at Owner's facilities or at any other location.
Owner agrees to indemnify, defend, and shall hold MCO, its officers, directors,
employees, and agents harmless from any claims, damages, liability, or actions
against MCO which are based upon or arise out of (i) MCO’s status as agent for
Owner; (ii) decisions made or actions undertaken by Owner as part of its
governmental and policy making functions, (iii) water distribution system failure
attributable to the condition of the Owner’s water distribution system; and (iv) utility
location functions performed by MCO at Owner’s request using Owner-supplied
tools and/or data, unless the claim or actions arise from the willful misconduct of
MCO, or its officers or employees.
MCO's liability to Owner for any loss, damage, claim, or expense of any kind or
nature caused directly or indirectly by the performance or non-performance by MCO
of its obligations pursuant to this Agreement shall be limited to direct damages in an
amount not to exceed the amount of collectible insurance for such damages or loss.
8
Where there is no collectible insurance to cover such damages, then damages shall
be limited to amounts paid by the Owner to MCO in the three (3) months preceding
the date of the loss. In no event shall MCO be liable for any loss of revenue or profits,
or for any indirect, special, incidental, consequential, or punitive damages, whether
arising in contract, tort or otherwise, even if the parties knew or should have known
of the possibility of such damages
All obligations of Owner under this Agreement remain subject to the governmental
immunities, defenses, and other statutory limitations set forth in Sec. 893.80 Wis.
Stats. and case law, which shall be applied to both contractual and tort liability of
Owner with respect to this Agreement, and nothing herein constitutes a waiver by
Owner of the terms of that statute despite any provision herein to the contrary.
Governmental immunities, defenses, and other statutory limitations applicable to
Owner shall extend and apply to any acts or omissions of MCO while acting as an
agent of Owner within the scope of this agreement.
MCO INSURANCE
MCO currently maintains and shall continue to maintain the following insurance
coverage/limits during the term of this Contract, unless otherwise approved by the
Owner:
Occurrence/Aggregate
Excess Liability 6,000,000/6,000,000
Comprehensive General Liability 1,000,000/2,000,000
Automobile Liability 1,000,000/1,000,000
Worker's Compensation/Employers Liability Statutory
Within thirty (30) calendar days of the contract date, MCO shall furnish Owner with
satisfactory proof of such insurance which meets the League of Municipality
insurance requirements for contractors, and each policy will require a 30-day notice
of cancellation to be given to Owner while this Agreement is in effect.
OWNER INSURANCE
Owner shall continue to carry and provide and pay for all fire, general casualty,
automobile and motorized vehicle liability, public liability, and excess liability
insurance insuring Owner's facilities and Owner's employees and Owner's motor
vehicles and Owner's equipment that MCO will be managing and or utilizing in the
completion of the agreed scope as identified in this contract, or subsequent changes
in that scope that would be agreed to by Owner and MCO as an amendment to the
original contract.
Owner and MCO agree that all insurance contracts as attained by them, from time
9
to time, during the term of this Contract, shall contain a waiver of all rights of
subrogation which the insurer or insurers under said policy or said policies might
otherwise, if at all, have as against them, which subrogation rights Owner and MCO
hereby waive as against each other.
B. Warranties & Representations of MCO
1. MCO hereby represents to and for the benefit of Owner that it has the ability to
manage the Owner water system, as provided in the scope of services set forth
in Sections II thru III, above. This representation is subject to Section IV,
Subsection D, and as such, MCO's representation in the first sentence hereof is
limited to the conditions existing at the time this Contract was entered into and
such reasonably foreseeable conditions not calling for amendment under
Section IV, Subsection D.
2. MCO represents that it will discharge all of its duties, functions and obligation
under this Contract with the applicable professional standard of care and that it
has the knowledge of Owner water system, and the requisite expertise and staff
to manage the Owner water system in compliance with applicable environmental
laws, rules, regulations and permit terms, except as otherwise expressly
disclaimed in Subsection 3 below.
This representation is subject to any material changes of conditions that meet
the terms of Section IV above. In the event any amendment occurs, the
representations and warranties of Subsection 2 shall be deemed extended to
such new MCO duties, functions, and obligations, absent an express exclusion
of such matters from MCO's competence by mutual agreement. Absent such
exclusion, it shall be agreed that MCO has the requisite knowledge described in
the first paragraph of this Subsection 2, to operate the systems as called for by
this Contract.
3. MCO expressly disclaims any warranties or representations, direct or indirect,
that in performing its management services hereunder, it is guaranteeing the
quality or quantity of Owner water system water, as distributed, or that the
quality/quantity will be of a quality/quantity required to comply with any laws,
rules, regulations or orders of the DNR, EPA or PSCW or any other governmental
or administrative body having jurisdiction from time to time over water system
plants and their operations, now or hereinafter enacted.
4. So long as MCO does not materially breach these provisions of this Contract
describing MCO's duties hereunder, any fines levied or the costs of any other
enforcement action taken against Owner, including any damages and cost
attributed directly or indirectly thereto, shall be the financial responsibility of
Owner.
C. Confidentiality: Public Records
10
In performance of the contract, MCO and its employees may come into contact with
material that relates to the legal status of Owner or its water system, including but
not limited to issues of compliance with permits or environmental laws. MCO agrees
that it will keep such information confidential and not share such information with
anyone other than Owner, including, but not limited to, other parties contracting with
MCO. MCO further agrees to adhere to all instructions of Owner and its legal counsel
regarding the handling of documents or other information that may be affected by
Owner status as a public governmental body.
D. Non-Solicitation and Non-Interference
For the protection of MCO’s business, the Owner agrees to each of the following
separate, independent, and severable provisions:
1. During the term of this Agreement and for a period of (2) years after this
Agreement is terminated by either party for whatever reason, the Owner
shall not, and shall not allow any of its employees, agents, or elected or
appointed officials to, directly or indirectly, solicit, induce, or encourage any
employee or agent of MCO to leave his/her employment or work with MCO
to accept employment or work with the Owner or with any other person,
entity or municipality.
2. During the term of this Agreement and for a period of (2) years after this
Agreement is terminated by either party for whatever reason, the Owner
shall not, hire or engage, whether directly or indirectly, any current or recent
past employee or agent of MCO to perform services of the type and nature
that MCO provides or offers to provide in the area of water and wastewater
utilities management services. For purposes of this restriction a recent past
employee or agent is one who has provided services in the past six (6)
months as an employee or agent of MCO.
3. During the term of this Agreement and for a period of (2) years after this
Agreement is terminated by either party for whatever reason, the Owner
shall not, directly or indirectly, individually, jointly, or on behalf of another,
divert or seek to divert business, customers or employees away from MCO
and/or shall not encourage, request, or advise any person or entity to
withdraw, curtail, terminate, or cancel any business, prospective business,
or business relationship with MCO.
E. Dispute Resolution
In an effort to resolve any conflicts that arise during the term of this contract, Owner
and MCO agree that all disputes between them arising out of or relating to this
agreement shall be submitted to nonbinding mediation unless the parties mutually
agree otherwise.
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If the dispute cannot be settled through direct discussion, or mediation, the parties
may exercise such rights or remedies as either may have under the contract
documents in respect of any dispute. Any action of a legal nature that requires a
hearing or action by a court of law shall be filed with the Outagamie County Circuit
Court.
F. Miscellaneous
1. Force Majeure - Either party may be relieved from performance of this Contract
in the event of causes beyond the party's practical control, including, among
others, injunction, strike, riot, invasion, fire, freezing, flood, explosion,
breakdown, act of God, or the public enemy, or the like.
2. Construction - The headings to the sections hereof have been inserted for
convenience of reference only and shall in no way modify or restrict any provision
hereof or be used to construe any of such provisions. All questions of
construction, interpretations, performance, breach, or enforcement of this
Contract shall be determined in accordance with the laws, both statutory and
common, of the State of Wisconsin.
3. Assignment - Neither this contract, nor any right under it, is assignable, whether
by operation of law or otherwise, by any party, without the prior written consent
of the other parties hereto.
4. Waiver of Breach - The failure of any party to require performance by the other
party of any provision of this Contract shall not affect the right of such party to
require future performance of the provision, and any waiver by any party of any
breach of any provision of or delay in the exercise of any right under this Contract
shall not be construed as a waiver of any continuing or succeeding breach of
such provisions, a waiver of the provision itself or a waiver of any right under this
Contract.
5. Entire Contract: Amendments - This Contract constitutes the entire Contract
and understanding between the parties relative to the subject matter hereof and
merges all prior discussions and agreements between them relating thereto. This
Contract cancels and supersedes all previous agreements and understanding, if
any, whether written or verbal, between Owner and MCO, relating to the subject
matter hereof. For purposes of this paragraph, "the subject matter hereof" means
the operation or management of the Owner water system.
This Contract may not be changed, amended, modified, or released or
discharged, in whole or in part, except by an instrument in writing referred to as
an amendment to this agreement signed by all parties.
6. Severability - If any covenant, condition or provision of this Contract is held to
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be invalid or unenforceable by reason of any statute, rules or public policy, all
other covenants, conditions or provisions of this Contract shall nevertheless
remain in full force and effect as if this Contract had been executed with the
invalid or unenforceable portion thereof eliminated, and no covenant, condition
or provision shall be deemed dependent upon the other covenant, condition or
provisions unless so expressed.
7. Notices - Except as otherwise specifically provided herein, any notice hereunder
shall be deemed sufficiently given by one party to the other if it (1) is in writing;
and (2) delivered or rendered either in person or by depositing it in the United
States mail in a sealed envelope with postage and postage charges prepaid,
addressed as follows:
If to Little Chute: Village of Little Chute
Attn: Village Administrator
108 W. Main Street
Little Chute, WI 54140
If to MCO: Mr. Jerry Verstegen
P.O. Box 50
Little Chute, WI 54140
Any party may change its address by giving notice of such change to the others
in the manner aforesaid. All such notices should be effective when delivered in
person or when mailed.
8. Code Reference - All references to statutes and the Wisconsin Administrative
Code are intended to refer to such materials as amended are renumbered from
time to time, and to include new provisions that refer or relate to the same subject
matter.
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IN WITNESS WHEREOF, the parties hereto, by their duly authorized offices, have executed this
Contract as of the date first above written.
Village of Little Chute: Approved:
By:________________________________ _______________________________
Village President Attorney
By:________________________________ ________________________________
Village Clerk Date
__________________________________
Date
Midwest Contract Operations, Inc.
Neenah, Wisconsin
___________________________________
Verstegen.
Vice President
___________________________________
Paul Much
President
________________________________
Date
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Exhibit “A”
2025 MIDWEST CONTRACT OPERATIONS, INC. (MCO)
PROFORMA OPERATING BUDGET
For The Operation and Management of
Village of Little Chute
Water System
2025
Base Contract $390,832.04
Health Insurance $97,730.88
Liability Insurance $4,473.96
TOTAL 2025 BUDGET $493,036.89 2.91% Increase
2026
Base Contract $427,510.25
Health Insurance $102,769.79
Liability Insurance $5,397.58
TOTAL 2025 BUDGET $535,677.62 8.65% Increase
2027
Base Contract $457,587.53
Health Insurance $115,106.65
Liability Insurance $5,930.11
TOTAL 2025 BUDGET $578,624.30 8.02% Increase
2028 and 2029
Based on contract language herein
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FEE SCHEDULE - as of 09/12/2024
LABORATORY FEES RATE PER SAMPLE
961 BOD $25.00
962 TSS $15.00
963 NH3 $18.00
964 Total Phosphorus $21.00
965 Ortho Phosphorus $17.00
966 COD $26.75
967 Ph $8.00
968 Volatile Acids $15.00
969 %TS, %TVS $18.00
970 Chlorine, Total $12.00
971 Chlorine, Residual $12.00
972 Dissolved Oxygen $6.50
973 30-minute settling $5.50
974 Fecal Coliform $38.00
E.
975 Coli $38.00
976 E. Coli Weekly - 12/1 to 03/31 $85.00
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