CCR2003179.
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AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #179-2003
APPROVAL OF CITY OF MUSKEGO/MUSKEGO-NORWAY SCHOOL DISTRICT
MAINTENANCE AGREEMENT FOR
MUSKEGO HIGH SCHOOL ATHLETIC FIELDS
WHEREAS, On April 8, 2003, the Common Council of the City of Muskego approved an
Agreement between the City and the Muskego-Norway School District for the
construction of athletic fields subject to the parties entering into a separate
maintenance agreement; and
WHEREAS, The Finance Committee has reviewed the maintenance agreement and
has recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the attached Agreement between the City of Muskego and the Muskego-Norway School
District for the maintenance of the high school athletic fields, as amended.
BE IT FURTHER RESOLVED That the Mayor is authorized to make necessary
technical changes, if needed, in consultation with the City Attorney.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Agreement in the name of the City.
DATED THIS 1ih DAY OF AUGUST ,2003.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Eric Schroeder
Deferred: 7/22/03
This is to certify that this is a true and accurate copy of Resolution #179-2003 which
was adopted by the Common Council of the City of Muskego.
G~ 49:~/~/ c7lerk-Treasurèr r
7/03jmb
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CITY OF MUSKEGO/MUSKEGO-NORWAY SCHOOL DISTRICT
MAINTENANCE AGREEMENT FOR
MUSKEGO HIGH SCHOOL ATHLETIC FIELDS
This agreement is made and effective as of the day of , 2003,
by and between the Muskego-Norway School District (the "District") and the City of
Muskego (the "City").
Section One: Introduction
Purpose
A. This maintenance agreement between both parties is part of the written
General Agreement between the district and the City for construction of
Facilities as defined in said General Agreement and further defines in more
detail issues referred to in Paragraph 5 of said agreement.
B. The listing of the Facilities is included in the General Agreement.
C. It is the intention of the City and the District to share responsibility for the
ongoing maintenance and repair of the Facilities. Defined maintenance and
operating costs is outlined in section two and percentages of cost, for each
respective party, is outlined in section three of this maintenance agreement.
Section Two: Defined Costs
A. Maintenance Costs - for budgeting purposes, these costs need to be
mutually agreed upon and submitted by June 1, to the City and by February
1, to the District in order to be considered for the following year's budget.
Once agreed upon and submitted accordingly with the dates listed above to
be in each respective budget, each respective party shall be provided
evidence of payment by providing a copy of paid invoice along with agreed
upon amount due the other party. All of such payments, from the City to the
District, shall be made within the first six months of the calendar year, as to
coincide with the District's fiscal year budget. All of such payments, from the
District to the City, shall be made within the last six months of the calendar
year, as to coincide with the City's calendar year budget.
1. ~ - costs that are not annual, but rather budgeted
capital improvements to fields after so many years of use. These
improvements will be made to extend the life of each field by bringing
the field back to its original condition. The following yearly estimate
intervals are just that; estimates. Once the fields are played on for a
number of years, the number of years between field reconditioning will
be better defined.
a. Baseball/Softball: every 5 years
b. Practice Football Field: every 7 years
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Soccer goal mouths are improved on an annual basis and is included
in turf care (B-1). Fields are routinely moved so as not to have the
goal mouth in the same area.
2. Parkino Lot Resurfacino. Overlav, Stripino - those costs associated
with re-surfacing the parking lot and re-striping the parking lot lines. It
is recommended to perform this every 4 years. It is recommended to
perform parking lot overlay every 8 years.
3.
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BuildinQ and Access Paths Improvement - costs associated with
improvements made to the storage/bathroom building and for access
paths.
B. Yearly Operating Costs - Once agreed upon and submitted accordingly with
the dates listed above to be in each respective budget, each respective party
shall be provided evidence of payment by providing a copy of paid invoice
and/or proof of paid employee wage and benefit costs along with agreed upon
amount due the other party. All of such payments, shall be made within forty-
five (45) days of billing.
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1. Routine Landsca in and Yard Maintenance Turf Care - those costs
associated with maintaining athletic turf and keeping the grounds
aesthetically pleasing. These costs include but are not limited to
mowing, fertilizing, weed eradication, grass seed, straw/mulch, and
landscaping.
2. GarbaQe Collection and Disposal - costs for dumpster rental and pick-
up.
3. Janitorial Service of the Restrooms and Restroom Supplies -
employee and cleaning supply costs associated with the cleaning of
the bathrooms, as well as the seasonal maintenance, and supplies for
use of bathrooms.
4. Utilities Water/Sewer/Electricit - costs associated with these
monthly bills based on usage.
5. IrriQation - costs associated with start-up, winterizing, and repair of
irrigation system.
6. Athletic Field Items{Supplies - costs associated with upkeep of fields
on a daily and game basis during the season. These items/supplies
include but are not limited to infield mix, Turface (drying agent),
marking paint and chalk, equipment (bases, pitching rubbers, nets,
poles, batter's box templates, hand tools, tape measures, etc.), etc.
7. Field Preparation for Games - employee costs and benefits associated
with preparing athletic fields for games.
8. Field Maintenance A ril - November - employee costs and benefits
associated with field maintenance for pre-season, season (non-game),
and post season; no usage by either party.
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9. Liahtina Costs -costs, other than electricity, associated with the
lighting of the Varsity Soccer Field, parking lot, and storage/bathroom
building.
Section Three: Percentage of Total Costs by Each Party
See attached schedule A-1 for percentages.
See attached schedule B-1 for estimated budget figures.
Section Four: Other Costs
A. In the event of vandalism/storm damage of property to defined Facilities or
cost-shared equipment, uninsured expenses not covered by the District's
property insurance policy, will be paid for by each party, at 50%. This
includes the deductible for that item needing to be replaced.
B. Building and access paths improvement costs associated with improvements
made to the storage/bathroom building and for access paths would need to
mutually agreed upon and follow the same payment outline described in
Maintenance Costs, Section 2 A.
C. All other associated costs with said Facilities, not outlined in this agreement,
must be mutually agreed upon by both the City and the District if both parties
are expected to share in the cost.
Section Five: Field Maintenance Manuals
The following maintenance manual is a recommended time-line of procedures to help
ensure the athletic fields are maintained consistently.
See attached maintenance manual C-1 for preseason, seasonal, game day,
post-season, and miscellaneous tasks for all athletic fields.
Section Six: Legal Provisions
1. Default. Should either party fail to carry out this Agreement, the other
party shall be entitled to exercise any and all available rights and remedies at law or in
equity.
2. Assianment. Neither the District nor the City may assign its interest under
this Agreement without the other party's prior written consent, which may be granted or
withheld in such party's sole reasonable discretion.
3. No Warranties or Representations. The District makes no representations
or warranties whatsoever about the Facilities, the safety thereof, their fitness for a
particular purpose or any other aspect of the Facilities.
4. Notices. All notices permitted or required by this Agreement shall be
given in writing and shall be considered given upon receipt if hand delivered to the party
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or person intended, or upon facsimile transmission to the fax numbers set forth herein,
or one business day after deposit with a nationally recognized overnight commercial
courier service, air bill prepaid, or three (3) business days after deposit in the United
States mail, postage prepaid, by certified mail, return receipt requested, addressed by
name and address to the party or person intended as follows:
To the District: Muskego Norway School District
S87 W18763 Woods Road
Muskego, WI 53150
Attn: Superintendent
Fax No.: 262-679-5790
To the City: City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150- 0749
Attn: City Clerk-Treasurer
Fax No.: 262-679-4106
5. Governina Law. This Agreement concerns real property located in the
State of Wisconsin, and shall be interpreted and construed according to the laws of the
State of Wisconsin.
6. Severabilitv of Provisions. If any of the terms or conditions contained
herein shall be declared to be invalid or unenforceable by a court of competent
jurisdiction, then the remaining provisions and conditions of this Agreement, or the
application of such to persons or circumstances other than those to which it is declared
invalid or unenforceable, shall not be affected thereby and shall remain in full force and
effect and shall be valid and enforceable to the full extent permitted by law.
7. Captions. The captions in this Agreement are inserted only as matters of
convenience and for reference and in no way define or limit the scope or intent of the
various provisions, terms or conditions hereof.
8. Bindina Effect. The terms and conditions of this Agreement shall be
binding upon and benefit the parties hereto and their respective successors and
permitted assigns.
9. Entire Aareement. This writing constitutes the entire agreement between
the parties hereto, and all prior statements, letters of intent, representations and offers,
if any, are hereby terminated. This Agreement may be modified or amended only by
written instrument signed by both parties
10. CounterParts. This Agreement may be executed in one or more
counterparts, each of which will be deemed an original.
11. Representations as to Authoritv. Each party to this Agreement represents
and warrants that: (a) it has the power and authority to consummate the transactions
contemplated by this Agreement; (b) all proceedings necessary for it to consummate
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the transactions contemplated by this Agreement have been duly taken in accordance
with law; and (c) the persons executing this Agreement on behalf of it have been duly
authorized to execute this Agreement.
12. Fax Sionatures. The parties agree that fax signatures shall be binding on
the parties hereto.
Section Seven: Insurance
1. Property Insurance. The District shall carry a Valuation Policy
(replacement value) with the defined Facilities and cost-shared equipment
identified, with a maximum deductible of $500.00.
Liabilitv Insurance. The City and District shall carry minimum liability
insurance of:
Personal & Advertising Injury
Each Occurrence
Fire Damage
Medical Expense
2.
$6,000,000
$6,000,000
$ 250,000
$ 10,000
Dispute Resolution. In the event of a dispute between the District and the City arising
out of this Agreement or the use of the Facilities, the District and the City agree to
attempt to resolve such dispute through mediation. In the event that the District and the
City cannot agree upon a mediator, they shall each propose a qualified mediator, and
such qualified mediators shall choose a qualified third-party who will mediate the
dispute. In the event that mediation does not resolve the dispute, the District and the
City agree to submit the matter to binding arbitration. Such arbitration shall be
conducted in accordance with the then-current rules for commercial arbitration of the
American Arbitration Association. The arbitration shall be before one arbitrator who is
chosen in accordance with the American Arbitration Association procedures. The
arbitrator's decision in the dispute shall be binding.
IN WITNESS WHEREOF, the parties have executed this maintenance agreement as
part of the General Agreement.
City of Muskego
By:
Print Name:
Title:
MUSKEGO/NORWA Y SCHOOL DISTRICT
By:
Print Name:
Title:
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A - 1
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City Percentage of Total Cost M/N School District Percentage of Total Cost
Maintenance Costs
Maintenance &Repair of the Facilities 37.75% 62.25%
Parking Lot Resurfacing/Striping 37.75% 62.25%
Yearly Operating Costs
Routine Landscaping & Yard Maintenance 50.00% 50.00%
Garbage Collection and Disposal 37.75% 62.25%
Janitorial Service of the Restrooms & Supplies 37.75% 62.25%
Irrigation 50.00% 50.00%
Utilities (sewer/water/electricity) 37.75% 62.25%
Athletic Field Items/Supplies 37.75% 62.25%
Field Preparation for Games *100% during city use ** 100% during district use
Field Preparation for Non-games (off-season) 37.75% 62.25%
Lighting Costs 37.75% 62.25%
* City pays 100% for City's salaries and benefits when City uses facilities
** District pays 100% of District's salaries and benefits when District uses facilities
Other Costs
Vandalism/Storm Damage 50% of uninsured cost 50% of uninsured cost
Bui!dina/Access Path Improvements agreed upon/budgeted aareed utJon/budaeted
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B -
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Proposed Impact to Budgets
Impact to City Budget Impact to District Budget Total
Yearly Operating Costs
Routine Landscaping & Yard Maintenance $15,500.00 $15,500.00 $31,000.00
Garbage Collection and Disposal $453.00 $747.00 $1,200.00
Janitorial Servic.e of the Restrooms & Supplies $5,020.75 $8,279.25 $13,300.00
Irrigation $5,000.00 $5,000.00 $10,000.00
Utilities (sewer/water/electricity) $1,510.00 $2,490.00 $4,000.00
Athletic Field Items/Supplies $6,040.00 $9,960.00 $16,000.00
Field Preparation for Games (employee costs) *$0.00 **$6,604.00 $6,604.00
Field Maintenance (April- November - empioyee costs) $20,822.00 $55,892.00 $76,714.00
Lighting Costs $1,510.00 $2,490.00 $4,000.00
TOTAL $55,855.75 $106,962.25 $162,818.00
. CitY pays 100% for City's salaries and benefits when City uses facilities
.. District pays 100% of District's salaries and benefits when District uses facilities
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Emplovee costs, includin(l salaries and benefits, are estimated at $28.84/hour
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COMMON COUNCIL. CITY OF MUSKEGO
RESOLUTION #179-2003
APPROVAL OF CITY OF MUSKE GO/MUSKE GO-NORWAY SCHOOL DISTRICT
MAINTENANCE AGREEMENT FOR
MUSKEGO HIGH SCHOOL ATHLETIC FIELDS
WHEREAS, On April 8, 2003, the Common Council o.tifhe City of Muskego approved an
Agreement between the City and the Muskego-Norw!y- School District for the
construction of athletic fields subject to the parties ~tering into a separate
maintenance agreement; and l
WHEREAS, The Finance Committee has revi~'ed the"~~tenance agreement and
has recommended approval. l., j' y'
NOW, THEREFORE, BE IT RESOLVED 1:~t theJ;~\~on Council of the City of
Muskego, upon the recommendation of t e Final1~efommittee, does hereby approve
the attached Agreement between the Ci of Mus~gò and the Muskego-Norway School
District for the maintenance of the~hig . SChO~1 ~'~ëliC fields.
BE IT FURTHER RESOLVED That he Ma~6r1~'authorized to make necessary
technical changes, if needed, in c, sultatio,,~lth the City Attorney.
BE IT FURTHER RESOL ~;:f..(.t thl~,~:r and Clerk-Treasurer are authorized to
,~, tho Ag"",m,"U, thO/,- 0 of Jho "'0/)
DATED THIS D If OF ,2003.
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'iJ SPONSORED BY:
FINANCE COMMITTEE
Ald. Rick Petfalski
Ald. Nancy Salentine
Ald. Eric Schroeder
'., ,~. "-')'-"""
'.. i
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Deferred: 7/22/03
This is to certify that this is a true and accurate copy of Resolution #179-2003 which
was adopted by the Common Council of the City of Muskego.
7/03jmb
Clerk-Treasurer