This is a service / maintenance or supply contract in Elkhorn, Wisconsin. Contact the soliciting agency for additional information.

Section 1: Overview and Introduction 1) The City of Elkhorn (City) intends to award a contract for municipal solid waste collection, disposal and recycling services. The City is requestingproposals for the collection, removal and disposal of municipal solid waste for residential and commercial services and to divert suitable materials for recycling. The approximate service area will be the City limits of the City of Elkhorn. The City of Elkhorn is located i n southeastern Wisconsin in the middle of Walworth County and has a population of approximately 10,317. The City has approximately 2,999 solid waste and recycling customer accounts. This house count is subject to an upward adjustment to accommodate the anticipated future development in the City. 2) EXCLUSIVE CONTRACT - It is the intent of the City to award an exclusive contract for a five (5) year period commencing January 1, 2024 and ending December 31, 2028 for curbside collection of residential garbage and recyclable materials. 3) NEGOTIATION OF CONTRACT -The proposals that are submitted in response to this request for proposals will form the basis for further negotiations with the City. The proposal submittal form and the proposal specifications contained herein, as submitted and signed by the Contractor, shall constitute the basis for a final agreement to be mutually agreed upon by the City and the Contractor. 4) CONTRACT AWARD OR REJECTION - The City reserves the right to negotiate with all qualified sources and to cancel this Request for Proposal in part or in its entirety. The City of Elkhorn reserves the right to accept any Request for Proposal or to reject any or all Request for Proposals, to waive irregularities and/or informalities in a Request for Proposal, and to negotiate a contract with any proposer in any manner, consistent with law, deemed in the best interests of the City. The City further reserves the right to amend or waive any or all requirements or specifications. A contract will be negotiated and then awarded to the most responsible Contractor complying with the conditions of the proposal documents only when it is in the best interest of the City to do so. The City shall be the sole judge of compliance with the specifications and reserves the right to accept or reject any and/or all proposals or parts thereof and to waive any formalities and technicalities according to the best interests of the City. Neither the Request for Proposals nor the receipt of any proposal constitutes an offer or acceptance and in no case, will either require the City to award a contract or pay any costs incurred in preparation of a response nor to procure or contract any services or supplies whatsoever. The City retains the right to assess whether the person, firm or corporation has sufficient ability and experience in this class of work and sufficient capital and plant to enable it to prosecute and complete the work successfully within the time named. The Cities decision or judgment on these matters will be final, conclusive, and binding. 5) CRITERIA FOR CONTRACT AWARD - The award of the contract will be to the Contractor whose proposal is determined by the City to be in the best interest of the City. Lowest monetary proposal is not necessarily the sole determining factor. The contract shall be awarded to the submitter whose proposal most closely satisfies the overall specifications as well as other factors. Such other factors include but are not limited to the following: A. Cost - The price of the contract for the residential curbside collection of garage and recyclable materials. B. Experience of Company - Consideration will be given to those submitters who have performed similar types of work. C. Customer Service Record - Demonstration of low volume of complaints and fast resolution. D. Markets - Demonstration of availability of relatively stable markets for materials collected through letters of agreement or other communications with secondary material buyers. E. Features Exceeding Minimum Specifications - Any features that the submitter can provide the City that exceeds these specifications will be weighed as a benefit towards the award of the contract. The City shall be the sole determinant if any feature is of benefit and to what degree. 6) CONTRACT CONTENTS - The City will require that any contract for garbage services include but not be limited to the following additional provisions as well as those within the balance of this RFP: A. COMPLIANCE WITH ALL LAWS - All work under the contract must be executed in accordance with all applicable federal, state, county, and local laws, ordinances, rules and regulations. The costs of such compliance, if any, shall be included in the price quoted in the proposal B. NOTICES - All notices required by the contract shall be given in writing via certified mail to the City Administrator. C. NON-ASSIGNABILITY - The Contractor shall not assign the contract, or any part thereof, to any other person, firm or corporation without the previous written consent of the Mayor as authorized by the Common Council. Such assignment shall not relieve the Contractor from any obligations, or change the terms of the contract. D. INDEMNIFICATION - T h e Contractor hereby agrees to indemnify, defend and hold harmless the City of Elkhorn, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, defense costs, attorneys' fees, costs, and expenses of whatsoever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed or alleged to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of the Contractor or its agents or anyone acting under its direction or control or on its behalf arising out of, in connection with, or relating to this Agreement. This indemnification, defense and hold harmless obligation shall exist for the Contractor even if liability is also sought to be imposed or is alleged against City of Elkhorn, its elected and appointed officials, officers, employees, agents, representatives and volunteers for their own acts, omissions, fault or negligence arising out of or in connection with or relating to this Agreement. The Contractor shall reimburse the City of Elkhorn, its elected and appointed officials, officers, employees, agent or authorized representatives or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. In the event that the Contractor employs other persons, firms, corporations or entities (sub-contractors) as part of the work that is the subject of this Agreement, it shall be the Contractor's responsibility to require and confirm that each subcontractor enters into an Indemnity Agreement in favor of the City of Elkhorn, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which contains identical indemnity, defense and hold harmless provisions and obligations as this Indemnity Agreement. This indemnity provision shall survive the termination or expiration of this Agreement. E. INDEPENDENT CONTRACTOR - The Contractor acknowledges that it is an independent contractor and that none of its employees, agents, subcontractors, or assigns are employees of the City. The Contractor shall be solely responsible for unemployment, social security, and other payroll tax payments required by law or union contract. F. EQUAL EMPLOYMENT OPPORTUNITY - During the performance of the contract and/or supplying of materials, equipment and supplies, the Contractor must be infull compliance with all provisions of the Acts of the General Assembly of the State of Wisconsin relating to employment, including equal employment opportunity requirements. G. INSURANCE - The Contractor to whom the contract is awarded must provide the City with a certificate of insurance as proof of coverage. This certificate of insurance must also name the City of Elkhorn and its officers, employees and agents as additional insured for the period of the contract.