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CCR1998229AMENDED COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #229-98 0 APPROVAL OF FACILITY AGREEMENT BETWEEN THE CITY OF MUSKEGO AND THE MUSKEGO-NORWAY SCHOOL DISTRICT WHEREAS, The Parks and Recreation Board has recommended approval of a General Facility Agreement between the City of Muskego and Muskego Norway School District for providing recreational facilities for the City. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, does hereby authorize the Mayor and Clerk-Treasurer to execute the Agreement in the name of the City. BE IT FURTHER RESOLVED That this Agreement, as amended and attached, is hereby assigned to the Parks and Recreation Board for the purpose of managing and controlling DATED THIS E DAY OF FEBRUARY ,2000 SPONSORED BY: FINANCE COMMITTEE Ald. Mark Slocomb Ald. David Sanders Ald. Nancy Salentine Deferred 1 1/24/96 This is to certify that this is a true and accurate copy of Resolution #229-96 which was adopted by the Common Council of the City of Muskego. 1 1198jmb CITY OF MUSKEGO/MUSKEGO-NORWAY SCHOOL DISTRICT GENERAL FACILITY AGREEMENT SECTION ONE: INTRODUCTION PURPOSE A. It is the intention of the City of Muskego and the Muskego/Norway School District to coordinate and collaborate among agencies and institutions in order to deliver educational, social, economic, recreational, and cultural services to all members of the community through the optimum use of City park and School District facilties. B. This agreement identifies specific and non-specific facility policies and procedures for joint use by district. These policies and procedures include the City's recreation department and the school priority levels for facility usage, facility responsibility guidelines, maintenance and usage fees and charges, and a general description for facility usage request procedures. 0 SECTION TWO: BAY LANE, MILL VALLEY AND MUSKEGO HIGH SCHOOL BALL DIAMONDS I. DESCRIPTION The property covered by this agreement is that property known as the Bay Lane, Mill Valley and Muskego High School grounds. 11. PURPOSE This land is leased by the District to the City for the purposes of enabling the City to use the land for recreational purposes limiting the use of the property for baseball diamonds beginning on April 15 and ending on September 15 of each year. For such other recreational purposes to which the property might be attributable as may be deemed advisable by the City or by the Parks and Recreation Board of the City, any conflict in the use of the area between the District and the City shall be resolved at the sole discretion of the District. 111. IMPROVEMENTS A. Any improvements to be made on the premises for sole expense of the City. Any substantial changes recreational purposes shall be made by and at the in grade or elevation or the construction of 0 General Facility Agree ept 4' 2 8. floodlights, prandstands, bleachers, barbecue pits, fixtures such as electric utility poles, etc. must fir ed upon the premises by the City which are pla t be approved by the Muskego-Norway School Boarc. Any and all permanent improvements during the te m of this lease or any renewal thereof shall upon te mination of the agreement become the property of t e Muskego-Norway School Board with the exception of ny athletic field lighting systems. i Parkinq Lotj-kill Valley: The parties agree that with respecd to parkina facilities at the !Mill Valley site t e maintenance, improvement and District in o the east parking lot parallel to development t at-the City will agree to assist the Hillendale Er ve. The City shall budget one-third of estimated provement costs after the District has budgeted :wo-thirds of estimated improvement costs as such the parties during the tem'of this ty negotiated improvements and repair might be agreement. IV. REPAIRS AND MAIh'TZNANCE The City shall responsible for the maintenance of the 4e premises and shal litter and trash premises in a clc prevent litterinc period of this a< "Purpose. 'I Repaj and of the grounc responsibility of persons be able t school grounds fc agreement. V. SUPERVISION The City through authorized users adequate supervis shall be used as its Parks and Rec and regulations as it may deem re f School District s living within the ri I! 'i provide adequate containers for nd other necessary containers to n condition during the specified on the premises and shall maintain the eement in the Section entitled s and maintenance of any improvements the City. At no time shall any 1 itself shall be the sole use school buildings while using the recreational purposes under this Ita Parks and Recreation Board or shall provide and be responsible for ion of the area at all times that it I recreational area. The City through ceation Board may prescribe such rules )r the use and management of the area %sonable provided only that all persons boundaries of the Muskego-Norway la11 be eligible to use the facilities 4 ;I i I !1 ! i and participate dnd regulations with respect thereto. reasonable rules any planned programs subject only to in General Facility Agreement 3 0 VI. SALES It shall be unlawful to sell or offer for sale food unless a permit is obtained from the School District. and/pr refreshment, souvenirs, or any other merchandise Alcoholic beverages of any kind are prohibited. VII. RESPONSIBILITY agreement may be assigned by the City to its Parks It is understood between the parties that this and Recreation Board for the purposes of allowing the Parks and Recreation Board of the City to manage and control the property pursuant to the terms of this agreement. SECTION THREE: CITY OF MUSKEGO PARKS & RECREATION DEPARTMENT'S ATHLETIC FIELD USAGE POLICIES AND PROCEDURES I. PRIORITY LEVELS FOR FIELD USAGE A. Priority I--Parks and Recreation Department. Adult/Youth Programs (e.g., youth soccer program, adult men's 35+ softball league). B. Priority 11-"uskeqo-based Youth Leagues. Those programs and organizations which retain no less than a 100% residency rate and are based within Muskego city limits (e.g., Muskego Athletic Association, Muskego High School leagues). C. Priority 111-"uskeqo-based Adult Leagues. Those programs and organizations which retain no less Muskego city limits (e.g., couples softball league, than a 75% residency rate and are based within men's softball league, women's softball league). D. Priority IV--Non-Muskeqo-based Traveling Leagues, Adult/Youth. Those proqrams and organizations which retain less ihan a 75% residency rate and are not based within Muskeqo city leagues, Wind Lake Colt League, All American Youth limits (e.g., church leagues, Waukesha County Football League). E. Priority V--New TeadLeague Requests. Any new team/league requests must be reviewed by the Parks and Recreation Board. If approved, the Board will then determine the priority level in which the consideration. request will be placed for future field use General Facility Agreement 4 11. FEES AND CHARGES A. Current Charqes in Relation to Priority Priority I--Program fee charged directly to participants/teams Priority 11--Exempt from field usage charge. Maintenance fee to be assessed. Priority 111--Exempt from field usage charge. Maintenance fee to be assessed. Priority IV--Field usage fee to be assessed. Maintenance fee to be assessed. Priority V--To be determined. B. Field Usaqe Fee 1. Field usage fees allow for "exclusive use" of the reserved athletic field. 2. Athletic field usage excludes the reservations of athletic fields for practice purposes. guidelines of the Parks and Recreation Practice requests must follow the established Department. 3. Field usage fees do not include bases, nets, or other equipment needs. 4. Daily Non-tournament or Daily Tournament (less than 2 hours) Usage: Youth Organization--Resident ($lO.OO/field); Adult Organization--Resident ($15.00/field); Non-resident ($ZO.OO/field) Non-resident ($30.00/field) 5. Daily Tournament or Daily Non-tournament (more than 2 hours) Usage: Resident ($25.00/field); Non-resident ($SO.OO/field) Resident status for tournament request will be if 75% of participating teams are from Muskego. 6. Lights: $ZO.OO/night General Facility Agreement 5 e e I. Security Deposit: Resident ($250/tournament); Non-resident ($500/tournament) (usage only, for both) To be refunded partially or totally upon inspection of the grounds after the tournament. Misrepresentation of stated purpose can also result in total forfeiture of security deposit. waiving tournament fees if the donation is The Parks and Recreation Board would look at greater than the actual charge and if it can be applied toward some project the Board wishes to must be negotiated and paid prior to tournament. pursue, at the Board's discretion. These issues C. Maintenance Fees Assessed when requested services are not included on the daily work schedule. Where overtime is required, employees' overtime wages are based on the most current wage scale for services which would include proper lining, dragging, mowing, etc. where . applicable. 111. MILL VALLEY COMPLEX LIGHTS USAGE A. 9. C. D. All keys are the property of the City of Muskego. A key deposit of $25.00 will be required should you request the use of the Mill Valley complex lights. Key deposits will be retained should the key be lost. Also, you will be held responsible for any other expenses resulting from the loss of the key as the Parks and Recreation Board feels necessary, such as lock changes, etc. An individual/league/organization will not be assessed a fee higher than $50.00 for key deposits at one time. The user would still be liable for any additional charges for loss of keys which could result in having to have facilities rekeyed, new keys made, etc. For baseball leagues, there will be only one key per facillty issued to each league. If it becomes necessary for the department to have additional keys made to fulfill a request for additional keys, the individual/league/organization will be assessed this additional incurred expense of the department. The key(s) must be turned into the department at the end. Muskego. Failure to return the key(s) will result of the season and are the property of the City of in loss of the key deposit and could result in General Facility Agreement 6 0 IV. 0 0 E. F. G. additional charges if it is felt by the department that the facility needs to be rekeyed because of the lack of return of the key(s). Any individual/league/organization will assume responsibility for the securing of the shed and turning off the lights. Theft, vandalism, etc. which occurs due to the lack of properly securing the facility at the completion of the event will be the responsibility of said individual/league/ organization. Restitution as determined by the Parks and Recreation Board will be the responsibility of the individual/league/organization. Lights not turned off after individual/league/organ- ization usage will result in a $5.00 charge for the 1st offense, a $10.00 charge for the 2nd offense and forfeiture of remaining deposit and key usage for a 3rd offense. All users may be assessed an electricity usage fee Board. if deemed necessary by the Parks and Recreation GENERAL RULES AND REGULATIONS A. B. C. D. E. F. User must be a City of Muskego civic Organization, team, or individual. All usage may be subject to approval by the Parks and Recreation Board. application form, the purpose of the requested For any tournament requests, in addition to an athletic field usage must be declared in writing including all financial, concession, and other related arrangements; i.e., insurance, toilet facilities, etc. in operating the event. (Proper athletic field usage will be determined by the Parks and Recreation Board--charity, profit, etc.). Daily events must conclude by 1O:OO P.M. unless an extension is granted by the Parks and Recreation Board. The user/applicant is responsible for the general clean-up and also parking and crowd control on the grounds as determined by the parks maintenance division of the department. All tournament requests must be made in writing to the Parks and Recreation Department at least six (6) weeks prior to the scheduled event(s). Softball/baseball tournaments may only be scheduled from June 15 through August 15. .. General Facility Agreement 7 G. A local team must be eligible to participate in a tournament where non-resident sponsorship has been granted. SECTION FOUR: CITY OF MUSKEG0 PARKS E, RECREATION DEPARTMENT'S MUSKEGO HIGH SCHOOL POOL FACILITY POLICIES AND PROCEDURES I. GENERAL INFORMATION A. The Muskego High School Pool was constructed by the Muskego/Norway School District for the benefit and use of the entire community. This includes students, athletes, community groups and residents, whenever possible. 8. The inherent danger of operating a swimming pool makes it necessary to strictly enforce a dangerous situations from occurring. All swimming stringent safety code to prevent potentially programs will be conducted to the highest possible standards of safety within an aquatic environment. This includes the provision of supervisory Parks and Recreation Department personnel certified in aquatic safety. C. The right to authorize the Muskego High School Pool .Superintendent of Schools through his designated for public use shall be retained by the coordinator. Such use shall be determined by the procedural guidelines and will be permitted only at activities subject to the control of the Board of such times as the facilities requested are free from Education. Applications for use of school facilities shall be submitted on prescribed "Special Use Application for High School Swimming Pool" form. D. There shall be no pool or pool area use by any group or individual at any time unless properly authorized according to the above guidelines. All persons using the pool within the policy established shall be registered members of the group and have paid all fees or charges, if applicable. 11. PRIORITY LEVELS FOR POOL USAGE A. Priority I 1. Physical Education or Related School Use Activities--7:30 A.M.-2:30 P.M. on regularly Athletics shall be responsible for scheduling scheduled school days. The Director of this time period. General Facility Agreement 8 2. Interscholastic Athletics--2:30 P.M.-5:00 P.M. on regularly scheduled school days, scheduled evenings and competitions, holiday/vacation practices and pre-school year scheduled practices. The Director of Athletics shall be responsible for scheduling these time periods. B. Priority I1 Recreation Department Activities. Any time period not listed above; generally 5:OO P.M.- activities during weekends and vacation periods 1O:OO P.M. on school days and recreational teaching shall be 8:OO A.M.-10:OO P.M. Pool time Department shall be authorized by the Recreation specifically designated through the Recreation Director through the Recreation Supervisor. C. Priority I11 1. Muskeqo-based Youth Clubs/Groups. An organized club and/or activity centered group based within Muskego city limits, and retains a membership of at least 75% residency to be considered for Muskego-based status (i.e., cub scouts, high school clubs, etc.) To be reviewed and scheduled, if appropriate, by the Recreation Supervisor. D. Priority IV 1. Muskeqo-based Adult Clubs/Associations, Private Groups, and Individuals. An organized club/association and/or activity within Muskego city limits and retains a centered group, or individual resident based membership of at least 75% residency to be' considered for Muskego-based status (i.e., St. Paul's Pioneers, Mill Valley PTO, private parties, etc.). E. Priority V Nan-Muskeqo-based Adult/Youth Clubs/Associations, Clubs/Assoclations, Private Groups, and Individuals. Any club/association, private group or individual which is not based within the Muskeqo city limits and does not meet the 75% residency requirement shall be reqarded as non-Muskeqo-based (i.e, underwater hockey league, surrounding communities, Badger State Waterford, etc.). To be reviewed and scheduled, Dive Club/New Berlin, SWAT, SCUBA, Girl Scouts of if appropriate, by the Recreation Supervisor. General Facility Agreement 9 111. FEES AND CHARGES A. Fees for the use of the Muskego High School Pool are set and established by the, Parks and Recreation Board to enable the City of Muskego to recover costs of personnel services, utilities and insurance, while being nominal enough to encourage the use of the pool by school district organizations. Fees may be adjusted periodically to reflect changing costs. B. Current Charges in Relation to Priority Priority I - No Fee Charged Priority I1 - No Fee Charged above school Priority I11 - $25.00 per hour Priority IV - $25.00 per hour Priority V - $35.00 per hour district's annual rental charge IV. PROCEDURES FOR REQUESTING USE OF POOL FACILITY 'e A. B. C. D. E. F. "Special Use Application for High School Swimming Pool" forms, which must be used to request the pool, are available in the Recreation Office. First-Come, First-Serve Basis. Request for use of pool will be considered on a No permits will be issued for use during school year vacation periods except for Priority I and I1 organizations. Request for use of pool prior to 5:OO P.M. on school days shall be submitted to and processed by the Athletic Director. processed by the Recreation Supervisor's office. Request for use of pool after 5:OO P.M.. shall be Pool rentals are based on "first-come, first-served" and the application form and reservation fee are due within 10 working days of first contact with the Parks a3 Recreation Department. Failure to submit the rental fee within the specified time period will a waiting list of groups requesting the date in order forfeit the group's reservation; staff will refer to to fill the spot. V. RULES AND GUIDELINES FOR POOL USAGE A. For Priority I, the Athletic Director will outline procedures and assign proper supervisory personnel to insure safe teaching and coaching. General Facility Agreement 10 B. For Priorities 11, 111, IV, and V, the Recreation be adhered to: Supervisor will insure the following procedure will 1. 2. 3. 4. 5. 6. 7. 8. The Recreation Department will provide a supervisor and sufficient certified lifeguards to insure proper and safe conduct of all patrons and participants. The Recreation Supervisor shall determine the number of lifeguards necessary. Organizations/parties should provide adequate chaperones or crowd control personnel. Groups will be cleared from the water 15 minutes before requested ending time. If a one-hour time slot is requested, the actual pool time is prior to the scheduled starting time so that 45 minutes. The group may arrive 15 minutes time. they are in the pool at the requeste.d starting The organization and its supervisors shall be liable for any damage done to school property, Muskego and its designee reserves the right to and/or loss of school property. The City of require a certificate of insurance prior to granting use of facilities. All groups must adhere to all safety and sanitary regulations that are in effect during programs. A list of these is posted at the regular Parks and Recreation Department pool, outside the office .area. Locker rooms, lockers and showers are must be provided by the users. The Muskego available. Locks for the lockers, if desired, Parks and Recreation Department and the Muskego High School are not responsible for any stolen or damaged items. Locker room cleanliness shall be maintained by the Parks and Recreation Department supervisory staff. The user shall be restricted to the area designated in the agreement. Smoking, intoxicating liquors, fermented malt beverages and other controlled substances are not allowed in school buildings or on school premises. General Facility Agreement 11 :. 0 SECTION FIVE: CITY OF MUSKEG0 PARKS & RECREATION DEPARTMENT'S USE OF PARK BUILDINGS/SHELTERS POLICIES AND PROCEDURES I. GENERAL INFORMATION A. B. C. a '0 All clubs/associations, groups, or affiliations wishing to use a facility must complete the Application Form for Use of Park Buildings/Shelters. Minors requesting use of parent. They must be chaperoned throughout their facility must do so through their adult advisor or event on a ratio of 1 adult per 10 minors. These facilities can be requested by any club/association, group or organization with the constitution or practices limits attendance, exception of any organization which in its by-laws, restricts membership or advocates discrimination based upon sex, race, creed, or ethnic origin. The priorities for the scheduling of the building are as follows: 1st--City of Muskego Parks and Recreation Department activities, programs, and meetings; 2nd--City of Muskego activities, programs and meetings ; 3rd--City of Muskego-based clubs/associations, which are non-profit and of an educational, groups, and affiliations (private or otherwise) recreational, service or of a civic nature. For the purpose of clarification in these policies, the following definitions apply: 1. Club/association--A Muskego-based, organized group of persons, banded together through a common activity interest, with officers elected from the membership. It has a written statement of purpose and a constitution or by-laws. The membership must be made up of at least 75% of Muskego residents. 2. Affiliations--A club or group that is affiliated with the Parks and Recreation Department and associated insofar as its interest is of recreational Facilities. The membership of recreational in nature and it seeks only the use at least 75% of Muskeao residents. an affiliated club or group must be made up of General Facility Agreement 12 3. Group--Activity centered, but has little or no organization, no officers, statement of purpose, or by-laws. The request must come from a Muskego resident and participation at the event must be made up of 50% of Muskego residents. D. Clubs/associations, groups or affiliations desiring use of a facility on a limited basis may do so. However, regular weekly or monthly schedules will organizations for a period exceeding one year. not be accepted for any individuals, groups or However, the Board reserves the right to preempt any request as scheduled for priorities in policy, C. (1st and 2nd priority use). 11. GENERAL USE AND RULES A. 8. C. D. E. F. Application form and payment of fees must be received within ten (10) days of the requested date of use. Completed forms and payment are to be office (lower level City Hall). Failure to submit returned to the Parks and Recreation Department the reservation fee within the specified time period will result in cancellation of the reservation Muskego. ’‘ request. Checks should be made payable to “City of If a reservation is cancelled more than three (3) working days prior to scheduled use, fifteen ($15) dollars of the reservation fee will be forfeited. Any cancellations later than three (3) working days prior to scheduled use will result in total forfeiture of fee. Building hours available are Monday through Sunday from 8:OO A.M. to 11:OO P.M. All activities and programs, unless special permission has been granted, must end by 10:30 P.M. Only the area(s) designated on the Application Form for Use of Park Buildings/Shelters will be available to the applicant. All building users will furnish their own equipment and materials. Any damage(s) caused by a club/association, group or affiliation will be their responsibility and charges to repair damages or replace broken items will be assessed to the applicant. The Parks and Recreation Department will not be responsible for lost or stolen articles during time or affiliation. of use by individuals of a club/association, group General Facility Agreement 13 0 0 0 G. H. I. J. K. L. M'. N. Any fund-raising activities by clubs/associations, groups, or affiliations using the buildings/shelters of the Parks and Recreation Department will be for charitable oranizations or for the City of Muskego. the purpose of raising funds for recognizable Electrical capacities are limited to llOV. An outdoor electrical outlet is available at the Bluhm Park outdoor shelter. No animals are allowed in any building unless on a maximum 6'leash at all times if outside special permission has been granted. Dogs must be building/shelter. No horseback riding is allowed in park areas. No dogs shall beJallowed on School District property. No motorized vehicles allowed on grass or other park areas. Parking in designated areas only. Absolutely no alcoholic beverages (wine with 6% or more alcohol content and hard liquor) will be allowed. Use of fermented beverages will require special permit of the Parks and Recreation Department. This permit must be obtained one full week (7 days) prior to use at the Parks and Recreation Department office. This application must be completed in person as age certification is necessary. No beer, other alcohol or soda may be sold without permit by Common Council. No alcohol is permitted on School District grounds. Grounds must be left as they were found. Any damage costs will be charged to those responsible for the area. Clean up fees for any litter or disorder beyond the ordinary use will be charged to those responsible for the area. Initial charges will be remainder will be billed to the applicant. taken out of required security deposits and the The Parks and Recreation Department reserves the right to cancel any request made with adequate notice. SECTION SIX: NON-SPECIFIC FACILITIES I. FACILITY IDENTIFICATION Additional facilities available for use: Muskego High School athletic track Muskego High School tennis courts General Facility Agreement 14 Muskego-Norway School District athletic fields Muskego-Norway School District class'rooms Muskego-Norway School District auditoriums, (conditional) gymnasiums, performance facilities City of Muskego community meeting rooms (City Hall/Library building) 11. PRIORITY USAGE A. All Muskego-Norway School District facilities shall have first priority usaqe from 8:OO A.M.-5:00 P.M. (unless otherwise stated). The Parks and Recreation Department shall have second priority usaqe for thohe times not occupied by the District. B. City of Muskego facilities shall be first priority usage for Parks and Recreation Department at all times. The Muskego-Norway School Distri.ct shall have second priority for those times not occupied by the City. 111. FACILITY REQUEST PROCEDURE A. B. C. Muskego-Norway School District facilities: The Parks and Recreation Department shall submit an application for facility usage to (1) the Muskego-Norway School District office, and (2) the specific school location for which a specific facility is requested. City of Muskego park facilities: The Muskego-Norway School District must submit any application for park and/or facility usage to the Parks and Recreation Department. City of Muskego community rooms: The Muskego-Norway School District must submit an application for usage to the City Clerk at City Hall. A. CHANGE: This agreement is subject to change with joint approval School Board. from the Parks and Recreation Board and the Muskego-Norway B. RENEWAL: This agreement may be renewed by the City of Muskego and the Muskego-Norway School District for a term of five (5) General Facility Agreement 15 years upon one month's notice given in writing by either organization. This shall be contingent upon mutually satisfactory resolution for continued cooperative efforts by both organizations. C. CANCELLATION: discontinue the recreation activities at the sites, this In the event the City of Muskego should decide to agreement shall be automatically cancelled. In the event the Muskego-Norway School District has needs for the land/facility in use for education facility expansion, this agreement shall be automatically cancelled. D. INSURANCE: The City of Muskego and Muskego-Norway School District shall maintain sufficient insurance to protect both the City of Muskego and the Muskego-Norway School District from all claims for personal injury or death, and $50,000 maintained on file with both organizations. property damage. Certificates of insurance shall be assigned'by the City to its Parks and Recreation Board for the It is understood between the parties that this agreement may be purposes of allowing the Parks and Recreation Board of the City this agreement. to manage and control the properties pursuant to the terms of Pursuant to a resolution of the Muskego-Norway School District, passed and approved on the day of 19-, this agreement is hereby executed. I President Clerk Muskego-Norway School Board Muskego-Norway School Board Pursuant to Resolution No. passed and approved on the the City of Muskego, this agreement is hereby executed. day of I 19-, by the Common Council of ASSIGNMENT OF AGREEMENT This agreement is hereby assigned by the City of Muskego to the Parks and Recreation Board of the City for the purposes of allowing said Board to manage and control the properties which is the subject hereof pursuant to the terms of this agreement Wisconsin relative thereto. and subject ot the ordinances and statutes of the State of Mayor City Clerk City of Muskego City of Muskego 11/94 DRAFT ADDENDUM A The Parks and Recreation Department will provide an on-site supervisor whenever multiple programs are being run simultaneously in any one building outside of scheduled building hours. Scheduled building hours are defined as school-year only (September-June), Monday-Friday, 7:OO a.m. to 1O:OO p.m. The supervisor will be responsible for participant direction, safety, and building security. APPROVED PARKS h RECXEATION BOARD JANUARY 9. 1995' (Revised Agreement is Attached) COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #229-98 0 0 0 APPROVAL OF FACILITY AGREEMENT BETWEEN THE CITY OF MUSKEGO AND THE MUSKEGO-NORWAY SCHOOL DISTRICT WHEREAS, The Parks and Recreation Board has recommended approval of a General Facility Agreement between the City of Muskego and Muskego Norway School District for providing recreational facilities for the City. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, does hereby authorize the Mayor and Clerk-Treasurer to execute the Agreement in the name of the City. BE IT FURTHER RESOLVED That this Agreement is hereby assigned to the Parks and Recreation Board for the purpose of managing and controlling DATED THIS DAY OF , 1998. SPONSORED BY: FINANCE COMMITTEE Ald. Mark Slocomb Ald. David Sanders Ald. Nancy Salentine Deferred 1 1124198 This is to certify that this is a true and accurate copy of Resolution #229-98 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 11 198jmb CITY OF MUSKEGOIMUSKEGO-NORWAY SCHOOL DISTRICT GENERAL FACILITY AGREEMENT SECTION ONE: INTRODUCTION PURPOSE A. It is the intention of the City of Muskego and the Muskego/Norway School District to coordinate and collaborate among agencies and institutions in order to deliver educational, social, economic, recreational, and cultural services to all members of the community through the optimum use of City park and School District facilities. B. This agreement identifies specific and non-specific facility policies and procedures for joint use by the City's recreation department and the district. These policies and procedure include priority levels for facility usage, facility responsibility guidelines, maintenance and usage fees and charges, and a general description for facility usage request procedures. C. The Parks and Recreation Department will provide an on-site supervisor whenever multiple programs are being run simultaneously in any one building during the school year. The supervisor will be responsible for participant direction, safety, and building security. D. Term of this agreement is July 1, 1999 through June 30, 2000. SECTION TWO: BAY LANE, MILL VALLEY AND MUSKEG0 HIGH SCHOOL BALL DIAMONDS 1. DESCRIPTION The property covered by this agreement is that property known as the Bay Lane, Mill Valley and Muskego High School grounds. II. PURPOSE This land is leased by the District to the City for the purposes of enabling the City to use the land for recreational purposes limiting the use of the property for baseball diamonds beginning on April 15 and ending on September 15 of each year. Access to Bay Lane Middle School and Mill Valley Elementary School shall be granted to the City for field preparation during the school year sometime between 8:OO-11:OO a.m. and/or 1:OO-3:00 p.m., as set by school General Facility Agreement, Pg. 2 administration. The City will work with school. administration to set times so as not to interfere with school operations. For such other recreational purposes to which the property might be as may be deemed advisable by the City or by the Parks and Recreation Board of the City shall be resolved at the sole discretion of the District. 111. IMPROVEMENTS A. Any improvements to be made on the premises for recreational purposes shall be made by and at the sole expense of the City. Any substantial changes in grade or elevation or the construction of fixtures such as electric utility poles, floodlights, grandstands, bleachers, barbecue pits, etc. must first be approved by the Muskego-Norway School Board. Any and all permanent improvements which are placed upon the premises by the City during the term of this lease or any renewal thereof shall upon termination of the agreement become the property of the Muskego- Norway School Board with the exception of any athletic field lighting systems. B. Parkins Lot--Mill Vallev: The parties agree that with respect to parking facilities at the Mill Valley site that the City will agree to assist the District in the maintenance, improvement and development of the east parking lot parallel to Hillendale Drive. The City shall budget one-third of estimated improvement costs after the District has budgeted two-thirds of estimated improvement costs as such improvements and repair might be negotiated by the parties during the term of this agreement. IV. REPAIRS AND MAINTENANCE The City shall be responsible for the maintenance of the premises and shall provide adequate containers for litter and trash and other necessary containers to prevent littering on the premises and shall maintain the premises in a clean condition during the specified period of this agreement in the Section entitled "Purpose." Repairs and maintenance of any improvements and of the grounds itself shall be the sole responsibility of the City. At no time shall any persons be able to use school buildings while using the school grounds for recreational purposes under this agreement. V. SUPERVISION The City through its Parks and Recreation Board or authorized users shall provide and be responsible for adequate supervision of the area at all times General Facility Agreement, Pg. 3 that it shall be used as a recreational area. The City through its Parks and Recreation Board may prescribe such rules and regulations for the use and management of the area as it may deem reasonable provided only that all persons living within the boundaries of the Muskego-Norway School District shall be eligible to use the facilities and participate in. any planned programs subject only to reasonable rules and regulations with respect thereto. VI. SALES It shall be unlawful to sell or offer for sale food and/or refreshment, souvenirs, or any other merchandise unless a permit is obtained from the School District. Alcoholic beverages of any kind are prohibited. VII. RESPONSIBILITY It is understood between the parties that this agreement may be assigned by the City to its Parks and Recreation Board for the purposes of allowing the Parks and Recreation Board of the City to manage and control the property pursuant to the terms of this agreement. SECTION THREE: CITY OF MUSKEG0 PARKS & RECREATION DEPARTMENT'S ATHLETIC FIELD USAGE POLICIES AND PROCEDURES I. PRIORITY LEVELS FOR FIELD USAGE A. 6. C. D. Prioritv I: Parks and Recreation Department. Adult/Youth Programs (e.g., adult men's 35 + softball league). Prioritv II: Muskego-based Youth Leagues. Those programs and organizations which retain no less than a 100% residency rate and are based within Muskego city limits (e.g., Muskego Athletic Association, Muskego High School leagues, Muskego Kickers Soccer). Prioritv 111: Muskego-based Adult Leagues. Those programs and organizations which retain no less than a 75% residency rate and are based within Muskego city limits kg., couples softball league, men's softball league, women's softball league). Prioritv IV: Non-Muskego-based Traveling Leagues, AdultNouth. Those programs and organizations which retain less than a 75% residency rate and are not based within Muskeqo citv limits kg., church leagues, General Facility Agreement, Pg. 4 Waukesha County leagues, Wind Lake Cdt League, All American Youth Football League). E. Priority V: New Team/League Requests. Any new teamlleague requests must be reviewed by the Parks and Recreation Board. If approved, the Board will then determine the priority level in which the request will be placed for future field use consideration. 11. FEES AND CHARGES A. Current Charqes in Relation to Priority Priority I--Program fee charged directly to participantslteams Priority 11-Exempt from field usage charge. Maintenance fee to be assessed. Priority Ill--Exempt from field usage charge. Maintenance fee to be assessed. Priority IV--Field usage fee to be assessed. Maintenance fee to be assessed. Priority V--To be determined. B. Field Usaqe Fee 1, Field usage fees allow for "exclusive use" of the reserved athletic field. 2. Athletic field usage excludes the reservations of athletic fields for practice purposes. Practice requests must follow the established guidelines of the Parks and Recreation Department. 3. Field usage fees do not include bases, nets, or other equipment needs. 4. Daily Non-tournament or Daily Tournament (less than 2 hours1 Usage: Youth Organization--Resident ($lO.OO/fieId); Non-resident ($20.00/field) General Facility Agreement, Pg. 5 Adult Organization--Resident ($15.00/field); Non-resident ($30.00/field) 5. Daily Tournament or Daily Non-tournament (more than 2 hours) Usage: Resident ($25.00/field); Non-resident ($50.00/field) Resident status for tournament request will be if 75% of participating teams are from Muskego. 6. Lights: $20.00/night 7. Security Deposit: Resident ($250/tournament); Non-resident ($500/tournament) (usage only, for both) To be refunded partially or totally upon inspection of the grounds after the tournament. Misrepresentation of stated purpose can also result in total forfeiture of security deposit. The Parks and Recreation Board would look at waiving tournament fees if the donation is greater than the actual charge and if it can be applied toward some project the Board wishes to pursue at the Board's discretion. These issues must be negotiated and paid prior to tournament. C. Maintenance Assessed when requested services are not included on the daily work schedule. Where overtime is required, employees' overtime wages are based on the most current wage scale for services which would include proper lining, dragging, mowing, etc. where applicable. 111. MILL VALLEY COMPLEX LIGHTS USAGE A. All keys are the property of the City of Muskego. B. A key deposit of $25.00 will be required should you request the use of the Mill Valley complex lights. Key deposits will be retained should the key be lost. Also, you will be held responsible for any other expenses General Facility Agreement, Pg. 6 resulting from the loss of the key as the Parks and Recreation Board feels necessary, such as lock changes, etc. C. An individual/league/organization will not be assessed a fee higher than $50.00 for key deposits at one time. The user.would still be liable for any additional charges for loss of keys which could result in having to have facilities rekeyed, new keys made, etc. D. For baseball leagues, there will be only one key per facility issued to each league. If it becomes necessary for the department to have additional keys made to fulfill a request for additional keys, the individual/league/organization will be assessed this additional incurred expense of the department. The keyM must be turned into the department at the end of the season and are the property of the City of Muskego. Failure to return the key(s) will result in loss of the key deposit and could result in additional charges if it is felt by the department that the facility needs to be rekeyed because of the lack of return of the key(s.1. E. Any individual/league/organization will assume responsibility for the securing of the shed and turning off the lights. Theft, vandalism, etc. which occurs due to the lack of properly securing the facility at the completion of the event will be the responsibility of said individual/league/ organization. Restitution as determined by the Parks and Recreation Board will be the responsibility of the individual/league/organization. F. Lights not turned off after individual/league/organization usage will result in a $5.00 charge for the 1st offense, a $10.00 charge for the 2nd offense and forfeiture of remaining deposit and key usage for a 3rd offense. G. All users may be assessed an electricity usage fee if deemed necessary by the Parks and Recreation Board. . ~. IV. GENERAL RULES AND REGULATIONS A. User must be a City of Muskego civic organization, team, or individual. All usage may be subject to approval by the Parks and Recreation Board. E. For any tournament requests, in addition to an application form, the purpose of the requested athletic field usage must be declared in writing including all financial, concession, and other related arrangements; i.e., General Facility Agreement, Pg. 7 C. D. E. F. G. insurance, toilet facilities, etc. in operating the event. (Proper athletic field usage will be determined by the Parks and Recreation Board--charity, profit, etc.). Daily events must conclude by 1O:OO p.m. unless an extension is granted by the Parks and Recreation Board. The userlapplicant is responsible for the general clean-up and also parking and crowd control on the grounds as determined by the parks maintenance division of the department. All tournament requests must be made in writing to the Parks and Recreation Department at least six(6) weeks prior to the scheduled event(s). Softballlbaseball tournaments may only be scheduled from June 15 through August 15. A local team must be eligible to participate in a tournament where non- resident sponsorship has been granted. SECTION FOUR: CITY OF MUSKEG0 PARKS & RECREATION DEPARTMENT’S MUSKEG0 HIGH SCHOOL POOL FACILITY POLICIES AND PROCEDURES I. GENERAL INFORMATION A. The Muskego High School Pool was constructed by the Muskego/Norway School District for the benefit and use of the entire community. This includes students, athletes, community groups and residents, whenever possible. B. The inherent danger of operating a swimming pool makes it necessary to strictly enforce a stringent safety code to prevent potentially dangerous situations from occurring. All swimming programs will be conducted to the highest possible standards of safety within an aquatic environment. This includes the provision of supervisory Parks and Recreation Department personnel certified in aquatic safety. C. The right to authorize the Muskego High School Pool for public use shall be retained by the Superintendent of Schools through his designated coordinator Such use shall be determined by the procedural guidelines and will be permitted only at such times as the facilities requested are General Facility Agreement, Pg. 8 free from activities subject to the control of the Board of Education. Applications for use of school facilities shall be submitted on prescribed "Special Use Application for High School Swimming Pool" form. D. There shall be no pool or pool area use by any group or Individual at any time unless properly authorized according to the'above guidelines. All persons using the pool within the policy established shall be registered members of the group and have paid all fees or charges, if applicable. II. PRIORITY LEVELS FOR POOL USAGE A. Prioritv I 1. Physical Education or Related School Use Activities--7:30 a.m.- 2:30 p.m. on regularly scheduled school days. The Director of Athletics shall be responsible for scheduling this time period. 2. Interscholastic Athletics -2:30 p.m. - 6:OO p.m. on regularly scheduled school days, scheduled evenings and competitions, holidaylvacation practices and pre-school year scheduled practices. The Director of Athletics shall be responsible for scheduling these time periods. B. Prioritv II Recreation Department Activities. Any time period not listed above; generally, 6:OO p.m.-1 0:OO p.m. on school days and recreational teaching activities during weekends and vacation periods shall be 8:OO a.m.-1 0:OO p.m. Pool time specifically designated through the Parks & Recreation Department shall be authorized by the Parks & Recreation Director through the Recreation Supervisor. C. Prioritv Ill 1. Muskeqo-based Youth Clubs/Groups. An organized club and/or activity centered group based within Muskego city limits, and retains a membership of at least 75% residency to be considered for Muskego-based status (i.e., cub scouts, high school clubs, etc.) To be reviewed and scheduled, if appropriate, by the Recreation Supervisor. D. Prioritv IV General Facility Agreement, Pg. 9 1. Muskeao-based Adult ..Clubs/Associaiions, Private Groups, and Individuals. An organized club/association and/or activity centered group, or individual resident based within Muskego city limits and retains a membership of at least 75% residency to be considered for Muskego-based status (Le., St. Paul's Pioneers, Mill Valley PTO, private parties, etc.) To be reviewed and &heduled, if appropriate , by the Recreation Supervisor. E. Prioritv V Non-Muskeao-based AdultNouth Clubs/Associations, Clubs/Associations, Private Groups, and Individuals. Any clublassociation, private group or individual which is not based within the Muskeao citv limits and does not meet the 75% residencv requirement shall be reaarded as non-Muskeao- based (Le, underwater hockey league, surrounding communities, Badger State Dive Club/New Berlin, SWAT, SCUBA, Girl Scouts of Waterford, etc.). To be reviewed and scheduled, if appropriate, by the Recreation Supervisor. 111. FEES AND CHARGES A. Fees for the use of the Muskego High School Pool are set and established by the Parks and Recreation Board to enable the City of Muskego to recover costs of personnel services, utilities and insurance, while being nominal enough to encourage the use of the pool by school district organizations. Fees may be adjusted periodically to reflect changing costs. B. Current Charges in Relation to Priority Priority I - No Fee Charged Priority II - No Fee Charged above school district's annual rental charge Priority 111 - $30 per hour Priority IV - $30 per hour Priority V - $40 per hour IV, PROCEDURES FOR REQUESTING USE OF POOL FACILITY A. "Special Use Application for High School Swimming Pool" forms, which must be used to request the pool, are available in the Parks & Recreation Office. General Facility Agreement, Pg. 10 B. C. D. E. F. Request for use of pool will be considered on a First-Come, First-Serve Basis. NO permits will be issued for use during school year vacation periods except for Priority I and II organizations. Request for use of pool prior to 6:OO p.m. on school days shall be submitted to and processed by the Athletic Director. Request for use of pool after 6:OO p.m. and on weekends shall be processed by the Recreation Supervisor's office. Pool rentals are based on "first-come, first-served" and the application form and reservation fee are due within lo working days of first contact with the Parks and Recreation Department. Failure to submit the rental fee within the specified time period will forfeit the group's reservation; staff will refer to a waiting list of groups requesting the date in order to fill the spot. V. RULES AND GUIDELINES FOR POOL USAGE A. For Priority I, the Athletic Director will outline procedures and assign proper supervisory personnel to insure safe teaching and coaching. 6. For Priorities II, 111, IV, and V, the Recreation Supervisor will insure the following procedure will be adhered to: 1. The Parks & Recreation Department will provide a supervisor and sufficient certified lifeguards to insure proper and safe conduct of all patrons and participants. The Recreation Supervisor shall determine the number of lifeguards necessary. 2. .Organizations/parties should provide adequate chaperones or crowd control personnel. 3. Groups will be cleared from the water 15 minutes before requested ending time. If a one-hour tire slot is requested, the actual pool time is 45 minutes. The group may arrive 15 minutes prior to the scheduled starting time so that they are in the pool at the requested starting time. General Facility Agreement, Pg. 11 4. 5. 6. 7. 8. The organization and its supervisors shall be liable for any damage done to school property, and/or loss of school property. The City of Muskego and its designee reserves the right to require a certificate of insurance prior to granting use of facilities. All groups must adhere to all safety and sanitary regulations that are in effect during regular Parks and Recreation Department programs. A list of these is posted at the pool, outside the office area. Locker rooms, lockers and showers are available. Locks for the lockers, if desired, must be provided by the users. The Muskego Parks and Recreation Department and the Muskego High School are not responsible for any stolen or damaged items. Locker room cleanliness shall be maintained by the Parks and Recreation Department supervisory staff. The user shall be restricted to, the area designated in the agreement. Smoking, intoxicating liquors, fermented malt beverages and other controlled substances are not allowed in school buildings or on school premises. SECTION FIVE: CITY OF MUSKEG0 PARKS & RECREATION DEPARTMENT'S USE OF PARK BUlLDlNGSlSHELTERS POLICIES AND PROCEDURES I. GENERAL INFORMATION A. B. C. All clubslassociations, groups, or affiliations wishing to use a facility must complete the Application Form for Use of Park BuildingslShelters. Minors requesting use of facility must do so through their adult advisor or parent. They must be chaperoned throughout their event on a ratio of 1 adult per 10 minors. These facilities can be requested by any club/association, group or organization with the exception of any organization which in its by-laws, constitution or practices limits attendance, restricts membership or advocates discrimination based upon sex, race, creed, or ethnic origin. The priorities for the scheduling of the building are as follows: General Facility Agreement. Pg. 12 1 st--City of Muskego Parks and Recreation Department activities, programs, and meetings; 2nd--City of Muskego activities, programs and meetings; 3rd--City of Muskego-based clubs/associations, groups, and affiliations (private or otherwise) which are non-profit and of an educational, recreational, service or of a civic nature. For the purpose of clarification in these policies, the following definitions apply: 1. Club/association--A Muskego-based, organized group of persons, banded together through a common activity interest, with officers elected from the membership. It has a written statement of purpose and a constitution or by-laws. The membership must be made up of at least 75% of Muskego residents. 2. Affiliations--A club or group that is affiliated with the Parks and Recreation Department and associated insofar as its interest is recreational in nature and it seeks only the use of recreational Facilities. The membership of an affiliated club or group must be made up of at least 75% of Muskego residents. 3. Group--Activity centered, but has little or no organization, no officers, statement of purpose, or by-laws. The request must come from a Muskego resident and participation at the event must be made up of 50% of Muskego residents. D. Clubs/associations, groups or affiliations desiring use of a facility on a limited basis may do so. However, regular weekly or monthly schedules will not be accepted for any individuals, groups or organizations for a period exceeding one year. However, the Board reserves the right to preempt any request as scheduled for priorities in policy, C. (1 st and 2nd priority use). II. GENERAL USE AND RULES A. Application form and payment of fees must be received within ten (1 0) days of the requested date of use. Completed forms and payment are to be returned to the Parks and Recreation Department office (lower level City Hall). Failure to submit the reservation fee within the specified time General Facility Agreement, Pg. 13 B. C. D. E. F. G. H. 1. J. K. period will result in cancellation of the reservation request. Checks should be made payable to "City of Muskego." If a reservation is canceled more than three (3) working days prior to scheduled use, fifteen ($15) dollars of the reservation fee will be forfeited. Any cancellations later than three (3) working days prior to scheduled use will result in total forfeiture of fee. Building hours available are Monday through Sunday from 8:OO a.m. to 1O:OO p.m. All activities and programs, unless special permission has been granted, must end by 9:30 p.m. Only the area(s) designated on the Application Form for Use of Park Buildings/Shelters will be available to the applicant. All building users will furnish their own equipment and materials. Any damage(s) caused by a club/association, group or affiliation will be their responsibility and charges to repair damages or replace broken items will be assessed to the applicant. The Parks and Recreation Department will not be responsible for lost or stolen articles during time of use by individuals of a club/association, group or affiliation. Any fund-raising activities by clubs/associations, groups, or affiliations using the buildings/shelters of the Parks and Recreation Department will be for the purpose of raising funds for recognizable charitable organizations or for the City of Muskego. Electrical capacities are limited to 11 OV. An outdoor electrical outlet is available at the Bluhm Park outdoor shelter. No animals are allowed in any building unless special permission has been granted. Dogs must be on a maximum 6' leash at all times if outside building/shelter. No horseback riding is allowed in park areas. No dogs shall be allowed on School District property. No motorized vehicles allowed on grass or other park areas. Parking in designated areas only. Absolutely no alcoholic beverages (wine with 6% or more alcohol content and hard liquor) will be allowed. Use of fermented beverages will require General Facility Agreement, Pg. 14 special permit of the Parks and Recreation Department. This permit must be obtained one full week (7 days) prior to use at the Parks and Recreation Department office. This application must be completed in person as age certification is necessary. L. No beer, other alcohol or soda may be sold without permit by Common Council. No alcohol is permitted on School District grounds. M. Grounds must be left as they were found. Any damage costs will be charged to those responsible for the area. Clean up fees for any litter or disorder beyond the ordinary use will be charged to those responsible for the area. Initial charges will be taken out of required security deposits and the remainder will be billed to the applicant. N. The Parks and Recreation Department reserves the right to cancel any request made with adequate notice. SECTION SIX: NON-SPECIFIC FACILITIES I. MUSKEGO-NORWAY SCHOOL DISTRICT ADDITIONAL FACILITY IDENTIFICATION Additional facilities available for use: Muskego High School athletic track Muskego High School tennis courts Muskego-Norway School District athletic fields Muskego-Norway School District classrooms (conditional) Muskego-Norway School District auditoriums, gymnasiums, performance facilities II. PRIORITY USAGE A. All Muskego-Norway School District facilities shall have first oriority u~aqe from 8:OO a.m.-7:30 p.m. (unless otherwise stated). The Parks and Recreation Department shall have second orioritv usaae for those times not occupied by the District. 111. FACILITY REQUEST PROCEDURE A. Muskego-Norway School District facilities: The Parks and Recreation Department shall submit an application for facility usage to (1) the -I, General Facility Agreement, Pg. 15 Muskego-Norway School District office, and (2) the specific school location for which a specific facility is requested. a a General Facility Agreement, Pg. 16 IV. CITY OF MUSKEG0 FACILITY AVAILABILITY A. Community meeting rooms (City HaWLibrary building) 6. Parks facilities Horn Park 1. Baseball Field (including scoreboard) 2. Garage storage (with keys) 3. Bathrooms Denoon Park 1. Soccer fields (including green space between soccer fields and 2. Baseball field 3. Boardwalk area (includes wetlands) 4. Tennis courts baseball diamond) VII. PRIORITY USAGE City of Muskego facilities shall be first Drioritv usaae for Parks and Recreation Department at all times. The Muskego-Norway School District shall have second prioritv usaqe for those times not occupied by the City. VIII. FACILITY REQUEST PROCEDURE A. City of Muskego community rooms: The Muskego-Norway School District must submit an application for usage to the City Clerk/Treasurer at City Hall. 6. City of Muskego park facilities: The Muskego-Norway School District must submit an application for park andlor facility usage to the Parks and Recreation Department. General Facility Agreement, Pg. 17 Pursuant to a resolution of the Muskego-Norway School District, passed and approved on the 20th day of December , 19 99 , this agreement is hereby executed. - Muskego-Norway School Board Muskego-Norway School Board Pursuant to a Resolution No.99/12/20 passed and approved on the 20th day of Muskego, this agreement is hereby executed. 13 -D December , 1999 - , by the Common Council of the City of ASSIGNMENT OF AGREEMENT /’ This agreement is hereby assigned by the City of Muskego to the Parks and Recreation Board of the City for the purposes of allowing said Board to manage and control the properties which is the subject hereof pursuant to the terms of this agreement and subject to the ordinances and statutes of the State of Wisconsin relative thereto. Mayor City of Muskego City Clerk/Treasurer City of Muskego