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FC112321packetCITY OF MUSKEGO FINANCE COMMITTEE AGENDA 11/23/2021 5:30 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC MEETING NOTICE APPROVAL OF MINUTES Finance Committee Minutes - November 9, 2021 FCM.2021.11.09.pdf LICENSE APPROVALS Recommend Approval of a Class "A" Dance Hall License - The P & B Station, S78 W16355 Woods Road (Currently has a Class "B" Dance Hall License.) Recommend Approval of Change of Agent (Jessica M. Moore) for the "Class A" liquor license held by Walgreen Co. (Walgreens #11636) located at S70W15775 Janesville Rd. NEW BUSINESS Recommend Approval of Tyler Technologies Appraisal Services Agreement CCR2021109-Tyler (Agreement).pdf Recommend Approval of MMSD GI Eleven-Year Maintenance Covenant for Trees Memo - MMSD Stormwater Trees - GI Maintenance Covenant.docx MMSD-GI Maintenance Covenant for Trees.pdf VOUCHER APPROVAL Utility Vouchers - $75,539.69 General Fund Vouchers - $246,912.61 Wire Transfers for Debt Service - $390,825.00 Wire Transfers for Payroll/Invoice Transmittals - $472,057.91 Vouchers - Total.pdf 1 Vouchers - Alpha Report.pdf FINANCE DIRECTOR'S REPORT COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100. 2 CITY OF MUSKEGO Unapproved FINANCE COMMITTEE MINUTES November 9, 2021 5:50 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 5:50 pm. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Committee Members Alderpersons Madden, Kubacki and Wolfe. Also present: Alderpersons Engelhardt, Kapusta, Terrence and Hammel; Attorney Warchol; Public Works and Development Director Kroeger; Lead Planner Trzebiatowski; Finance and Administration Director Mueller, Assistant Finance and Administration Director Mustapich; Parks and Recreation Director Dunn; Library Director Larson, IT Director Louden and Assistant Deputy Clerk Roller. PUBLIC MEETING NOTICE Assistant Deputy Clerk stated the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES Finance Committee Minutes, October 26, 2021 Alderperson Kubacki moved to approve. Alderperson Madden seconded; motion carried. LICENSE APPROVALS Recommend Approval of Change of Agent (Alicia H. Alexander) for the "Class B" held by Parkland Lodge LLC (Lucky's at the Lodge.) Alderperson Wolfe moved to recommend approval. Alderperson Madden seconded; motion carried. NEW BUSINESS Recommend Approval of Parks & Recreation Athletic Field Usage Policies and Procedures Alderperson Kubacki moved to recommend approval. Alderperson Wolfe seconded; motion carried. 3 VOUCHER APPROVAL Utility Vouchers - $45,767.40 Alderman Kubacki moved to recommend approval of Utility Vouchers in the amount of $45,767.40. Alderperson Wolfe seconded; motion carried. General Fund Vouchers - $912,282.69 Alderman Kubacki moved to recommend approval of General Fund Vouchers in the amount of $912,282.69. Alderperson Madden seconded; motion carried. Wire Transfers for Payroll/Invoice Transmittals - $355,448.63 Alderman Kubacki moved to recommend approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $355,448.63. Alderperson Wolfe seconded; motion carried. FINANCE DIRECTOR'S REPORT None. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None. ADJOURNMENT Alderperson Wolfe moved to adjourn at 5:54 pm. Alderperson Madden seconded; motion carried. Minutes taken and transcribed by Assistant Deputy Clerk Roller. 4 1 APPRAISAL SERVICES AGREEMENT This Agreement is made between Tyler Technologies, Inc. (“Tyler”) and the City of Muskego, Wisconsin (“Client”). WHEREAS, Tyler is in the business of providing appraisal services to counties; and WHEREAS, Client desires to engage Tyler to perform reappraisal and revaluation of all real property located within the City of Muskego as set forth herein. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows: SECTION A – DEFINITIONS • “Agreement” means this Appraisal Services Agreement. • “Client” means the City of Muskego, Wisconsin, with offices at W182 S8200 Racine Avenue, Muskego, WI 53150. • “Effective Date” means the last date on which both parties have signed this Agreement. • “Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, severe or unusual weather or climatic conditions which exist for a substantial period of time, extreme inflation (defined as eight percent or greater per year) or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. • “Investment Summary” means the total fixed price and per diem rates to complete the services described in this Agreement, attached as Exhibit A. • “Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B. • “Tyler” means Tyler Technologies, Inc., a Delaware corporation. • “we”, “us”, “our” and similar terms mean Tyler. • “you” and similar terms mean Client. SECTION B – PROFESSIONAL SERVICES 1. Services. We will provide you the professional services, consistent with industry standards, as described in the Statement of Work attached hereto as Exhibit C. 2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in Exhibit A – Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. 5 2 3. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards and the specifications described in the Statement of Work – Exhibit C. 4. Site Access and Requirements. You agree to provide us with access to your personnel as may be reasonably necessary for us to provide the professional services as described herein, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. 5. Client Assistance. You acknowledge that the services we provide under this Agreement are a cooperative process which may require the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for the services. This cooperation includes at least working with us to schedule the services outlined in this Agreement and performing the Client responsibilities described in Exhibit D. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission). 6. Change in Legal Requirements. The parties acknowledge that the terms and conditions of this Agreement are based on the laws, rules and regulations as of the Effective Date. In the event any applicable laws, rules or regulations change so as to create additional work for us not provided for in this Agreement, Client shall allow us a reasonable extension of time to complete the services, and additional compensation as provided in Section C(3) below. 7. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies. SECTION C – INVOICING AND PAYMENT; INVOICE DISPUTES 1. Invoicing and Payment. We will invoice you the fees for the services as per our Invoicing and Payment Policy, subject to Section C(2). 2. Invoice Disputes. If you believe any delivered service does not conform to the warranties in this Agreement, you will provide us with written notice within fifteen (15) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. In the event an action plan cannot be agreed upon by the parties within thirty (30) days of our receipt of your initial notice of dispute, either party may utilize all legal remedies as provided by law. We reserve the right to suspend delivery of all services if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to suspend services. 3. Additional Services. The Investment Summary contains the related costs required for the project 6 3 based on our understanding of the specifications you supplied and of the laws, rules and regulations applicable to the project as of the Effective Date. If additional work is required, or if you use or request additional services, we will provide you with an addendum outlining the costs for the additional work. The price quotes in the addendum will be valid for thirty (30) days from date of issuance. SECTION D – TERM AND TERMINATION 1. Term. This Agreement shall commence on the Effective Date and shall continue through December 31, 2025, provided that in the event there are any appeals, Tyler shall provide litigation support, as set forth in Exhibit C, and the term shall continue through the expiration of all such appeals. This Agreement may be renewed upon written mutual agreement of the parties. 2 Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section C(2). 2.1 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section F(2). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a material breach of this Agreement within the thirty (30) day window set forth in Section F(2). 2.2 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of this Agreement for a period of forty-five (45) days or more. 2.3 Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase the services set forth in this Agreement, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You agree not to use termination for lack of appropriations as a substitute for termination for convenience. SECTION E – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE 1. Property Damage and Personal Injury Indemnification. 1.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense. 1.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal 7 4 injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement. We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense. 2. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 3. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, EITHER PARTY’S LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL DIRECT DAMAGES OR (B) THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT. THE PRICES SET FORTH IN THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTION E(1.1) ABOVE. 4. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF TAX REVENUE OR CLAIMS RELATED TO VALUATION OF PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automo bile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. Tyler’s insurance carrier has issued a blanket endorsement whereby any client named as additional insured in a contract is afforded such status under the policy. A copy of the certificate of insurance and endorsement naming the Client as an additional insured will be provided by Tyler to Client within a reasonable period of time after this agreement is fully executed. Tyler agrees that Tyler’s insurance is primary for claims under Tyler’s Commercial General Liability or Automobile Liability policies that arise out of or relate to the Agreement and are between Tyler and the Client. We also agree to waive subrogation, but only on claims under Tyler’s Commercial General Liability and Automobile Liability policies that arise out of or relate to the Agreement and are between Tyler and the Client, except to the extent the damage or injury is caused by the Client. Tyler will provide notice of cancellation, non-renewal or reduction in its insurance coverages below 8 5 the minimum requirements set forth in the Agreement within thirty (30) days thereof. SECTION F – GENERAL TERMS AND CONDITIONS 1. Additional Services. You may purchase additional services at our then-current list price by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum. 2. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution. 3. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes arising from our performance of this Agreement. 4. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law. 5. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S. Citizenship and Immigration Services Verification Division for all of our employees assigned to your project. 6. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld. 7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets; however, should one of these occur, you have the right to unilaterally 9 6 terminate this Agreement upon thirty (30) days prior written notice to us. Upon termination, you shall remit payment to us for all services delivered to you and all expenses incurred by us prior to our receipt of the termination notice. 8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event. 9. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. 10. Purpose/Use Of Appraisals. By virtue of this Agreement we are contracted to provide certain services specified herein and recommendations of value to you which are intended for exclusive use by you for determinations of assessment for ad valorem tax purposes. Any use other than that stated above is not authorized nor intended, and most specifically excluded is an opinion of value used for federally related real estate transactions or other mortgage purposes. 11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party. 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law. 13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter. 14. Independent Contractor. We are an independent contractor for all purposes under this Agreement. 15. Notices. All notices or communications required or permitted as a part of this Agreement , such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address 10 7 will be borne by the intended receiving party. 16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials. 17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities , including the parties. Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that: (a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents; (b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure; (c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law. 18. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license. 19. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Wisconsin. Any legal action relating to this Agreement shall be brought and maintained in the Circuit Court of Waukesha County, Wisconsin. 20. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature. Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement. 21. Contract Documents. This Agreement includes the following exhibits: Exhibit A Investment Summary Exhibit B Invoicing and Payment Policy Exhibit C Statement of Work Exhibit D Client Responsibilities 11 8 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below. Tyler Technologies, Inc. City of Muskego, Wisconsin Appraisal & Tax Division By: By: Name: Gus Tenhundfeld Name: Title: Inside Sales Manager Title: Date: 11/18/2021 Date: Address for Notices: Address for Notices: Tyler Technologies, Inc. City of Muskego One Tyler Way W182 S8200 Racine Avenue Moraine, OH 45439 Muskego, WI 53150 Attention: VP & GM, Appraisal Services Attention: ______________________________ 12 Exhibit A 1 Exhibit A Investment Summary The following Investment Summary details the services to be delivered by Tyler to Client under this Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your Agreement. Assessment Year Annual Fees The Client shall pay Tyler a fee of EIGHTY-TWO THOUSAND THREE HUNDRED DOLLARS ($82,300) for the services described in Schedule A, Exhibit C for the period of January 1, 2022 through December 31, 2022. The Client shall pay Tyler a fee of EIGHTY-THREE THOUSAND EIGHT HUNDRED DOLLARS ($83,800) for the services described in Schedule A, Exhibit C for the period of January 1, 2023 through December 31, 2023. The Client shall pay Tyler a fee of EIGHTY-FIVE FOUR HUNDRED DOLLARS ($85,400) for the services described in Schedule A, Exhibit C for the period of January 1, 2024 through December 31, 2024. The Client shall pay Tyler a fee of EIGHTY THOUSAND FIVE HUNDRED DOLLARS ($80,500) for the services described in Schedule A, Exhibit C for the period of January 1, 2025 through December 31, 2025. The Client shall pay Tyler a fee of SIXTY-TWO THOUSAND DOLLARS ($62,000) for the services described in Schedule B, Exhibit C for the period of November 1, 2024 through September 30, 2025. Additional Services: Should the Client desire additional services outside the scope of this Agreement as set forth in Exhibit C - Statement of Work shall be added to this Agreement pursuant to Section F(1). 13 Exhibit B 1 Exhibit B Invoicing and Payment Policy Tyler will provide you with the services set forth in the Investment Summary and Statement of Work. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your Agreement. Invoicing: We will invoice you for the applicable services and for the fees described in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in your Agreement. 1. Professional Services. Tyler will issue an invoice every four (4) weeks for an amount which shall reflect the work performed in the preceding four (4) weeks. 2. Expenses. The service fees in the Investment Summary include travel expenses. Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting AR@tylertech.com. 14 Exhibit C 1 Exhibit C Statement of Work The following Statement of Work details the services to be delivered by Tyler to the Client under your Agreement. This Statement of Work is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your Agreement. SCHEDULE A - ANNUAL MAINTENANCE SERVICES TO BE PROVIDED WORK TO BE PERFORMED BY TYLER SECTION I. General Provisions A. Tyler will perform the municipal assessment services as the statutory assessor of the City of Muskego, pursuant to Chapter 70 of the Wisconsin Statutes (as amended from time to time) as hereinafter set forth. Hereinafter, City of Muskego shall be referred to as “Client”. Tyler shall report and be accountable to the Director of Finance and Administration or his/her designee. B. Meeting Hours - Tyler will be available to attend, upon the requests of the Director of Finance and Administration, department head meetings or other prescribed meetings not directly related to specific assessment issues, upon reasonable prior notice. C. Client Staff Supervision - Tyler will provide supervisory guidance and training to current and future municipal staff, as directed by the Director of Finance and Administration in the use of assessment related computer programs and in understanding the location and interpretation of assessment property tax information and other material generally utilized by Tyler. Such training shall be accomplished within a reasonable time of need and within Tyler's regular hours of availability hereunder, during the entire term of this Agreement. SECTION II. Assessment Duties The prescribed duties of Tyler shall include, but not necessarily be limited to, the following: 1. Maintain the Client’s assessment roll as required pursuant to Chapter 70 of the Wisconsin Statutes, as amended from time to time. B. Provide on-site clerical support for the Assessor’s Office averaging sixteen (16) hours per week, said hours to begin January 1, 2022 and continue through December 31, 2025. The Client and Tyler shall agree on the specific days of the week for said hours to be provided. C. Provide on-site assessment supervision by an individual certified at the Assessor 2 level of certification with the Department of Revenue, as needed, in order to successfully complete the annual assessment rolls and revaluation beginning January 1, 2022 and continuing through December 31, 2025. 15 Exhibit C 2 D. Perform field review as Tyler deems necessary on sale properties and properties for which no building permit has been issued. E. Change and keep updated property record data and review assessments in 2022, 2023, 2024 and 2025 for the following reasons: 1. Annexation 2. Measure, field review, and assess new construction or remodeling (as provided for by permits) as of January 1st of the current year, with photos and including interior inspections 3. Measure, field review, and assess properties under partial construction as of January 1st of the previous year, including interior inspections and photos, as required 4. Measure, field review, and assess miscellaneous permits such as decks, basement remodels, detached buildings, air conditioning, and any other type of permits that affect the assessed value of the property 5. New (recorded) plats, certified surveys, and other land divisions 6. Formerly exempt, now assessed parcels 7. Formerly assessed, now requesting exemption parcels 8. Buildings destroyed, significantly damaged or removed (as provided for by permits) 9. Change to higher land use 10. Change in class or legal description 11. Agricultural use value assessments as prescribed by state statutes 12. Parcels with information discovered by the Assessor’s office that was not previously on the assessment record 13. Data and final valuations shall be recorded in the Client’s IAS CAMA solution and be in accordance and equity with the City of Muskego assessment database that is in place for the current assessment year or resulting from a subsequent revaluation F. Personal property accounts are to be assessed as per the value reported on the returns filed pursuant to law of property to be assessed as follows: 1. Annually field visit all personal property accounts to discover new accounts and account for businesses that may have closed prior to the assessment year. 2. Mail forms to all holders of personal property by January 15th of each year. 3. Value reported will be reviewed for uniformity between similar types of property. 4. Personal property subject to assessment but not reported, shall be field inspected as to physical location and actual operation, then “doomage” assessed by Tyler as described in Chapter 70 of the Wisconsin Statutes. 5. Should Tyler become aware of any new assessable personal property accounts, the appropriate forms shall be mailed and a new personal property identification number shall be created. Should the property of owner of such new account fail to file or report within a reasonable time prior to the Board of Review, Tyler shall place a doomage assessment on the property as described in Section II Assessment Duties under F.4 above. 16 Exhibit C 3 G. Prepare and maintain the assessment roll and coordinate with the Waukesha County Tax Listing Offices to facilitate the transfer of assessment data and values. Tyler shall balance values between the Client’s IAS CAMA solution and the County’s tax solution prior to the start of Board of Review and after the conclusion of Board of Review. The final balance shall take place within fourteen (14) days after the conclusion of board of review. H. Tyler shall work with the Director of Finance and Administration to schedule and conduct all work under this agreement for a timely completion of the assessment roll. I. Tyler shall complete all required assessor reports to be filed with the Department of Revenue including the Municipal Assessor’s Report (MAR). A copy of the MAR report will be given to the Director of Finance and Administration after final submission of the report to the Department of Revenue. An amended report may be submitted after review by the Director of Finance and Administration. J. Tyler shall record all appropriate data relating to sale properties including, sale data, sale type, sale price, sale validity code, ownership information, document number and DOR sales number in the Client’s IAS CAMA solution and report all required data in the Department of Revenues PAD (Provide Assessment Data) system. K. Tyler shall work with the Client’s IT Department to place assessment data and sales listings on the Client’s website. L. Tyler shall prepare and mail notices of assessment annually as required by law. The cost of materials and postage relating to notices of assessment shall be the responsibility of the Client. M. Prepare, attend and serve as staff during the annual Open Book and Board of Review periods as required by the Wisconsin Statutes. Tyler shall be responsible for working with the City Clerk to schedule Open Book and Board of Review dates. Tyler will also promptly and adequately follow up and respond to any appeals made at the Board of Review hearings, incorporating assessment modifications as approved. N. Provide a telephone number and email address for city officials and residents to contact a responsible member of its staff during normal business hours Monday through Friday of each week. Responses shall be made within forty-eight (48) hours. O. Capture a new digital image on one-third (1/3) of the improved parcel in the city in each assessment year 2022, 2023 and 2024, and incorporate the new image into the current IAS CAMA system. SCHEDULE B - REVALUATION SERVICES TO BE PROVIDED A. Tyler shall complete a revaluation for assessment year 2025 in the form of an interim market update as identified on page 4-3 of the Wisconsin Property Assessment Manual. B. Approaches to Value 1. Type of Approach – Tyler shall consider the cost, market and income approaches in the valuation of all vacant and improved parcels of property. 17 Exhibit C 4 2. Sales Analysis – Tyler shall analyze sales data provided in order to become familiar with prevailing market conditions, activity and specific transactions which may be utilized in determining the market value of competitive properties throughout the city. 3. Income Analysis – In valuing income-producing properties, Tyler shall collect information from owners, tenants, realtors, financial institutions and any other necessary sources, for use in the valuation process. Data to be analyzed shall include actual and economic rents for each type of property, typical vacancy rates and typical operating expense ratios. All data shall be properly documented and adequate records shall be prepared for each parcel showing the determination of value by the income approach. For improved parcels, this shall include a reconstruction of income and expenses, an estimate of remaining economic life, and the capitalization rate applied. Capitalization rates shall be accurately documented by information obtained from the market. Any documentation used in establishing any of the foregoing shall become property of the Client. C. Data for Evaluation – Tyler shall gather and analyze market value data including, but not limited to sales, lease data, rentals, rates of return, operating statements, vacancy factors, and construction costs for use in determining property valuation standards pursuant to Section 70.32 of the Wisconsin Statutes. Data gathered will either be noted on the property record cards or contained within supplements to the record cards. D. Neighborhood Delineation – Tyler shall update existing neighborhood delineation for the entire city and provide the Client with a color-coded map indicating the various neighborhood designations. The neighborhood identification procedure shall conform to the Client’s IAS CAMA solution. E. Data Management – This section will outline Tyler’s procedures for collecting and encoding the data collected into the Client’s IAS CAMA solution. 1. Tyler shall encode or perform data maintenance to all property records as needed into the IAS CAMA solution. 2. The Client and Tyler shall cooperate to avoid duplication and confusion to the property owner and to see that all permit alterations and additions are accounted for in the revaluation program. F. Improvement Valuation – Tyler proposes to follow the guidelines listed below in determining improvement revaluation: 1. Valuation Approach – Tyler shall value improvements in accordance with the Wisconsin Property Assessment Manual and the Client’s IAS CAMA solution. The three (3) industry-recognized approaches to value; i.e. market, cost and income, shall be considered by Tyler for all parcels. All accrued depreciation, including physical deterioration, functional obsolescence and economic obsolescence, must be accurately documented by the market and deducted from current replacement costs. 2. Residential Approach – In valuing residential improvements, prescribed forms, or their equivalent as approved by the Department, shall be used in determining final 18 Exhibit C 5 values. The property record cards shall be completed as recommended for use with the Client’s IAS CAMA solution with proper base costs selected as appropriate and adjusted to reflect differences from base building values. 3. Agricultural Approach – In valuing agricultural outbuildings, the current replacement costs should be determined for all sound buildings. Buildings in poor condition, having little or no value, shall be physically described and listed as having “no value” or given an appropriate sound physical value. 4. Commercial Approach – In valuing commercial improvements, proper base costs shall be selected as appropriate and adjusted to adequately reflect variations from base building costs. When many adjustments are necessary to base costs, the property is a special purpose building, or certain characteristics make it impossible to value via the Client’s IAS CAMA solution, the unit-in-place method, as presented in the Marshall & Swift Valuation Service Manual, may be used. G. Land Valuation – Tyler shall provide the following approach to the revaluation of land characteristics: 1. Classification – Land classified as Agricultural shall be valued according to use, per s. 70.32 of the Wisconsin Statutes. Agricultural buildings and the land necessary for the location and convenience (site) shall be assessed at fair market value in the Other classification. Land values of the Undeveloped and Agricultural Forest class properties shall be valued at fifty percent (50%) of market value per s. 70.32 of the Wisconsin Statutes. Productive Forest, and Other classed land values shall be determined from an analysis of available market data. When available, market sales shall be used in the development of Other land units’ values. In the analysis of sales, work forms shall be prepared for recording data on each sale analyzed and correlating price data from the sales. Such forms shall be left with the Client. 2. Basic Unit Values – Basic unit values shall be determined for residential and commercial lands from an analysis of sales, rents, leases and other available market data. In the analysis of market data, adequate records will be prepared showing data collected and unit value determinations. Such records shall be left with the Client. Having determined basic unit values, Tyler shall apply such to each parcel, making adjustments to account for particular characteristics of the site as required by the Client’s IAS CAMA solution. For residential and commercial lands, maps and schedules will be prepared indicating unit values used and locations thereof to be left with the Client. 3. Land Tables – A copy of all charts, schedules and tables, not previously referred to, including depth factor tables, and used in the valuation of lands shall be left with the Client. H. Final Review – Prior to open book conference, Tyler shall review the indicated value of the structure and the indicated value of the land as compared against sales information concerning the same parcel or comparable parcels. Tyler shall make all assessments in accordance with the Assessor’s Manual as specified in Sections 70.32(1) Wisconsin Statutes, and Tyler shall be responsible for all final values arrived at in compliance with 19 Exhibit C 6 same. The Client may at any time during the final review request an update from Tyler and/or inspect the work completed by Tyler relating to the preliminary values or other revaluation topics. I. Client to Review Assessments – Prior to sending notices and open book conferences, and upon request by the Client, the Client shall have ample time to review assessed values on real estate and personal property. At the discretion of the Client, such review may include property record cards and all other material prepared for the revaluation. J. Notices of Assessment – Tyler will prepare and send a Notice of Assessment (Notice) by first class mail to each property owner at the last known mailing address whether or not the assessment on the property is proposed to be changed. The Notice form used shall be that approved by the Department of Revenue as provided in Section 70.365. Tyler shall also indicate on the Notice, or attach to the Notice; the time and place the open book conference will be held. Mailing shall be five (5) days prior to the first day of conferences for the convenience of the property owners. Expenses related to the printing and mailing of the Notices shall be the responsibility of the Client. K. Open Book Conference – Upon completion of the Client’s review of assessments and prior to the completion of the assessment rolls, Tyler shall hold open book conferences for the purpose of enabling property owners or their agents to review and compare the assessed values. A sufficient number of qualified Tyler personnel, approved by the Client, will be available to conduct open book conferences, Monday through Friday, at a place designated by the Client. The open book conferences will be held in an orderly manner with the least confusion to the property owner. Conferences on an appointment basis are the preferred method to attain this result. The Client and Tyler shall mutually agree upon the date and hours of conferences to ensure that all property owners have an equal opportunity to review their assessment. Hearing times shall include evening hours. L. Board of Review – A certified member(s) of Tyler’s field staff, typically the statutory Assessor, will attend meetings of the Board of Review to explain and defend the assessed value and be prepared to testify under oath in regard to such values. In the event of appeal to the Department of Revenue or the courts, it is agreed that Tyler shall make available a qualified representative(s) upon request from the Client, at no additional cost, to furnish testimony in defense of the values established by the revaluation in all cases which might be filed within one (1) year of the completion date specified for the revaluation. 20 Exhibit D 1 Exhibit D Client Responsibilities The following Client Responsibilities details the responsibilities of the Client under your Agreement. These Client Responsibilities are effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in your Agreement. SUPPORT OF ASSESSMENT SERVICE BY THE CLIENT A. Office Assistance Tyler will perform all clerical duties relating to the Assessor’s Office. The Client shall provide property owners and the general public with the correct number to contact Tyler for information requests regarding the assessments. The Client shall allow access and make available to Tyler, Client records such as, but not limited to, previous assessment rolls, sewer and water layouts, building permits, tax records, building plans, records of special assessments, plats, and any other maps currently in possession of the Client, at no cost. The Client will mail tax bills to property owners and prepare newspaper notices as required. It is the Client’s responsibility to ensure that those appealing assessments to the Board of Review do so on the appropriate forms, and to validate property filed appeals. B. Office Space and Postage The Client shall, on occasion, provide at no cost to Tyler, a conference room and phone to allow Tyler to perform the functions related to property assessment. Tyler shall be responsible for all costs relating to the mailing of the Notices of Assessment. C. Miscellaneous General Agreements The Client governing body shall refrain from interfering with, or influencing any value estimate by Tyler. The Client shall aid Tyler in a responsible promotion of public information concerning the work under this Agreement. 21 Reports and Presentations to Finance Committee and Common Council To: Finance Committee & Common Council From:Scott Kroeger Department: Public Works and Development Subject: Muskego Stormwater Trees – MMSD GI Maintenance Covenant Date:November 23, 2021 The City of Muskego will be using Green Infrastructure reimbursement funds for the green infrastructure stormwater trees project. A maintenance covenant is a requirement as part of the reimbursement arrangement. The City attorney and I have reviewed the maintenance covenant to make sure it follows standard City of Muskego language. Key Issues for Consideration: Attachments 1. MMSD GI stormwater trees Eleven-Year Maintenance Covenant Recommendation for Action by Committee and/or Council: Approve the maintenance covenant for MMSD GI stormwater trees project as part of the City of Muskego’s Green Infrastructure Reimbursement Funds Agreement. Date of Committee Action: Finance Committee November 23, 2021 Planned Date of Council Action (if required): November 23, 2021 Total $ Needed: N/A Fiscal Note(s): N/A $ Budgeted: $0.00 Expenditure Account(s) to Be Used: # N/A (3/2019) 22 1 Green Infrastructure Eleven-Year Maintenance Covenant for 79 Trees This Ten-Year Maintenance Covenant (Covenant) is granted by the City of Muskego (Muskego), W182 S8200 Racine Avenue, Muskego, Wisconsin 53150, to the Milwaukee Metropolitan Sewerage District (District), 260 West Seeboth Street, Milwaukee, Wisconsin 53204. INTRODUCTION 1. The Green Infrastructure. The green infrastructure is 79 trees throughout Muskego, as shown in Exhibits A through J. This green infrastructure will capture and hold stormwater in place to reduce the quantity and improve the quality of runoff. The green infrastructure has a total design detention capacity of 1,975 gallons. This Covenant applies only to this green infrastructure. 2. Baseline Documentation. The condition of the green infrastructure is documented in a Baseline Report at the office of the District and incorporated into this Covenant by reference. The Baseline Report consists of reports, maps, photographs, and other documentation and provides an inventory of relevant features, characteristics, and conservation values. The Baseline Report provides an accurate representation of the condition of the green infrastructure at the time of the conveyance of this Covenant. The Baseline Report is an objective, but not exclusive, reference for monitoring compliance with the terms of this Covenant. 3. Conservation Intent. Muskego and the District share the common purpose of preserving the green infrastructure for a period of at least eleven years. Muskego intends to protect the green infrastructure. In addition, Muskego intends to convey to the District and the District agrees to accept a right to monitor and enforce these restrictions. MAINTENANCE COVENANT In consideration of the facts recited above, Muskego grants and the District accepts a Maintenance Covenant for a period of eleven years for the green infrastructure. This Covenant consists of the following terms, rights, and restrictions. 1. Purpose. The purpose of this Covenant is to require Muskego to keep, preserve, and maintain the green infrastructure, as described above. 2. Effective Dates. This Covenant becomes effective when signed by both Muskego and the District. This Covenant terminates on December 31, 2032. 3. Operation and Maintenance. Muskego will maintain the green infrastructure so that it remains functional for the entire term of this Covenant. Muskego is solely responsible for operation, maintenance and evaluating performance. 23 2 4. Additional Reserved Rights of Muskego. Muskego retains all rights associated with the green infrastructure, including the right to use it and invite others to use it in any manner that is not expressly restricted or prohibited by the Covenant or inconsistent with the purpose of the Covenant. However, Muskego may not exercise these rights in a manner that would adversely affect the green infrastructure. Muskego expressly reserves the right to sell, give, bequeath, mortgage, lease or otherwise encumber or convey the green infrastructure, if: 4.1 The encumbrance or conveyance is subject to the terms of this Covenant. 4.2 Muskego incorporates the terms of this Covenant by reference in any subsequent deed or other legal instrument by which Muskego transfers any interest in all or part of the green infrastructure. 4.3 Muskego notifies the District of any conveyance in writing within fifteen days after the conveyance and provides the District with the name and address of the recipient of the conveyance and a copy of the legal instrument transferring rights. 4.4 Failure of Muskego to perform any act required in Subparagraphs 4.2 or 4.3 does not impair the validity of this Covenant or limit its enforceability in any way. 5. District Rights and Remedies. To accomplish the purpose of this Covenant, Muskego expressly conveys to the District the following rights and remedies: 5.1 Preserve Conservation Values. The District has the right to preserve and protect the green infrastructure. 5.2 Prevent Inconsistent Uses. The District has the right to prevent any activity or use of the green infrastructure that is inconsistent with the purpose of this Covenant and to require the restoration of areas or features of the green infrastructure that are damaged by any inconsistent activity or use, pursuant to the remedies set forth below. 5.3 Inspection. The District has the right to: inspect and monitor compliance with the terms of this Covenant; obtain evidence for use in seeking judicial or other enforcement of the Covenant; and otherwise exercise its rights under the Covenant. The District will: provide prior notice to Muskego before inspecting the green infrastructure, comply with the safety rules of Muskego, and avoid unreasonable disruption of the activities Muskego. 6. Remedies for Violations. The District has the right to enforce the terms of this Covenant and prevent or remedy violations through appropriate legal proceedings. 24 3 6.1 Notice of Problems. If the District identifies problems with the green infrastructure, then the District will initially attempt to resolve the problems collaboratively. The District will notify Muskego of the problems and request remedial action within a reasonable time. 6.2 Notice of Violation and Corrective Action. If the District determines that a violation of the terms of this Covenant has occurred or is threatened, then the District will give written notice of the violation or threatened violation and allow at least thirty (30) days to correct the violation. If Muskego fails to respond, then the District may initiate judicial action. The requirement for an initial notice of violation does not apply if, in the discretion of the District, immediate judicial action is necessary to prevent or mitigate significant damage to the green infrastructure or if good faith efforts to notify Muskego are unsuccessful. 6.3 Remedies. When enforcing this Covenant, the remedies available to the District include: temporary or permanent injunctive relief for any violation or threatened violation of the Covenant, the right to require restoration of the green infrastructure to its condition at the time of the conveyance of this Covenant, specific performance, declaratory relief, and recovery of damages resulting from a violation of the Covenant or injury to the green infrastructure. 6.4 Non-Waiver. A delay or prior failure of the District to discover a violation or initiate enforcement proceedings does not waive or forfeit the right to take any action necessary to assure compliance with the terms of this Covenant. 6.5 Waiver of Certain Defenses. Muskego waives any defense of laches, such as failure by the District to enforce any term of the Covenant, and estoppel, such as a contradictory statement or action by the District. 6.6 Acts Beyond the Control of Muskego. The District may not bring any action against Muskego for any injury or change in the green infrastructure resulting from causes beyond the control of Muskego, including, but not limited to, natural disasters such as fire, flood, storm, natural earth movement and natural deterioration, or prudent actions taken by Muskego under emergency conditions to prevent or mitigate damage from such causes, provided that Muskego notifies the District of any occurrence that has adversely affected or interfered with the purpose of this Covenant. 7. Amendment. At any time, Muskego and the District may jointly amend this Covenant in a written instrument executed by both parties. However, no amendment will be allowed if, in the judgment of the District, it: 7.1 diminishes the green infrastructure, 7.2 is inconsistent with the purpose of the Covenant, 25 4 7.3 affects the duration of the Covenant, or 7.4 affects the validity of the Covenant. 8. Assignment. The District may convey, assign, or transfer its interests in this Covenant to a unit of federal, state, or local government or to an organization that is qualified within the meaning of Section 170(h)(3) of the Internal Revenue Code and in the related regulations or any successor provisions then applicable. As a condition of any assignment or transfer, any future holder of this Covenant is required to carry out its purpose for the remainder of its term. The District will notify Muskego of any assignment at least thirty (30) days before the date of such assignment. However, failure to give such notice does not affect the validity of assignment or limit its enforceability in any way. 9. Captions. The captions in this Covenant have been inserted solely for convenience of reference and are not part of the Covenant and have no effect on construction or interpretation. 10. Controlling Law and Liberal Construction. The laws of the State of Wisconsin govern the interpretation and performance of this Covenant. Ambiguities in this Covenant will be construed in a manner that best effectuates the purpose of the Covenant and protection of the green infrastructure. 11. Counterparts. Muskego and the District may execute this Covenant in two or more counterparts, which will, in the aggregate, be signed by both parties. Each counterpart is an original document. 12. Entire Agreement. This Covenant sets forth the entire agreement between Muskego and the District with respect to this Covenant and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Covenant. 13. Extinguishment. This Covenant may be terminated or extinguished before the expiration of its term, in whole or in part, only through judicial proceedings in a court of competent jurisdiction. Furthermore, the Covenant may be extinguished only if Muskego and the District agree that a subsequent unexpected change in the condition of or surrounding the green infrastructure makes accomplishing the purpose of the Covenant impossible. 14. Ownership Responsibilities, Costs, and Liabilities. Muskego retains all responsibilities and will bear all costs and liabilities related to the ownership of the green infrastructure, including, but not limited to, the following: 14.1 Operation, upkeep, and maintenance. Muskego is responsible for the operation, upkeep, and maintenance of the green infrastructure. 14.2 Control. In the absence of a judicial decree, nothing in this Covenant establishes any right or ability in the District to: 26 5 a. exercise physical or managerial control over the day-to-day operations of the green infrastructure; b. become involved in the management decisions of Muskego regarding the generation, handling, or disposal of hazardous substances; or c. otherwise become an operator of the green infrastructure within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), or similar laws imposing legal liability on the owner or operator of the green infrastructure. 14.3 Permits. Muskego is solely responsible for obtaining applicable government permits and approvals for any construction or other activity or use permitted by this Covenant. During construction or any other activity, Muskego will comply with all applicable federal, state, and local laws, regulations, and requirements. 14.4 Indemnification. Muskego releases and will hold harmless, indemnify and defend the District and its members, directors, officers, employees, agents and contractors and the heirs, personal representatives, successors and assigns of each of them (collectively “Indemnified Parties”) from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, judgments or administrative actions, including, without limitation, reasonable attorney fees, arising from or in any way connected with: a. injury to or the death of any person, or physical damage to the green infrastructure resulting from any act, omission, condition, or other matter related to or occurring on or about the green infrastructure, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties; b. the violation or alleged violation of, or other failure to comply with, any state, federal or local law, regulation, including without limitation, CERCLA, by any person other than the Indemnified Parties, in any way affecting, involving, or related to the green infrastructure; or c. the presence or release in, on, from, or about the green infrastructure, at any time, of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. Nothing in this agreement is intended to be a waiver or estoppel of Muskego or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained within Wisconsin Statues, secs. 893.80, 895.52, and 345.05. To the extent that indemnification is available and enforceable, Muskego or its insurer will not be liable in indemnity or contribution for an amount 27 6 greater than the limits of liability for municipal claims established by Wisconsin Law. 15. Severability. If any provision or specific application of this Covenant is found to be invalid by a court of competent jurisdiction, then the remaining provisions or specific applications of this Covenant will remain valid and binding. 16. Successors. This Covenant is binding upon and inures to the benefit of Muskego and the District and their respective personal representatives, heirs, successors and assigns and will continue as a servitude running with the green infrastructure for the term of the Covenant. 17. Terms. Wherever used in this Covenant, the terms "Muskego" and "District" include the respective personal representatives, heirs, successors, and assigns of Muskego and the District. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT CITY OF MUSKEGO By: Kevin L. Shafer, P.E. Executive Director By: Richard Petfalski, JR. Mayor Date: ______________________________ Date: ______________________________ Approved as to Form By: Attorney for the District 28 7 Exhibit A Idle Isle Park (Six Trees) 29 8 Exhibit B Kurth Park (Seven Trees) 30 9 Exhibit C Manchester Park (Four Trees) 31 10 Exhibit D Park Arthur (Twenty Trees) 32 11 Exhibit E Sandhill Park (Thirteen Trees) 33 12 Exhibit F Janesville Road from Lions Park Drive to Michi Drive (Thirteen Trees) 34 13 Exhibit G Janesville Road at Library (Eleven Trees) 35 14 Exhibit H Janesville Road from Bay Lane to Moorland Road (Four Trees) 36 15 Exhibit I Janesville Road at Poes Place (Two Trees) 37 16 Exhibit J Old Village Hall (One Tree) 38 Council Date November 23, 2021 $322,452.30 Total Voucher Approval $22,280.63 Total Water $22,280.63 53,259.06 Total Sewer $53,259.06 $ #1 - Utility Voucher Approval Tax Vouchers - Refunds & Tax Settlements (Approve Separately) $ ( $ #2 - Tax Voucher Approval $246,912.61 ( Total General Fund Vouchers $ #3 - General Voucher Approval $ $ Debt Service $390,825.00 $472,057.91 #4 - Wire Transfers Approval Check #Amount Check #Amount Total *** Total -$ *Total *** Sewer Wire Transfers Total Vouchers All Funds Utility Vouchers (Approve Separately) Water Vouchers Water Wire Transfers Sewer Vouchers 246,912.61 Big Muskego Lake Vouchers Development Fund Vouchers Net Total Utility Vouchers 75,539.69 Tax Vouchers Tax Void Checks Total Tax Vouchers - Wire transfers (Approve Separately): Payroll/Invoice Transmittals Void Checks Since Last Report Total General Fund Vouchers (Approve Separately) General Fund Vouchers General Fund Prior Council Correction 39 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1 Report dates: 11/10/2021-11/23/2021 Nov 18, 2021 03:38PM Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" [Report].Vendor Name = {<>} "KEIL ENTERPRISES" [Report].Vendor Name = {OR} {IS NULL} Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number ADAMS ELECTRIC, INC 20211366 1 Invoice REFUND ON OVERPAYMENT 11/12/2021 11/23/2021 60.00 1121 100.02.25.00.4250 Total ADAMS ELECTRIC, INC:60.00 ALL TRAFFIC SOLUTIONS INC. SIN030368 1 Invoice SHIELD 12 SPEED DISPLAY 11/08/2021 11/23/2021 7,065.00 1121 100.04.51.03.5743 Total ALL TRAFFIC SOLUTIONS INC.:7,065.00 ALSCO 042510/112321 1 Invoice MONTHLY CHARGES 10/31/2021 11/23/2021 1,076.50 1121 100.04.51.07.5704 042511/112321 1 Invoice MONTHLY CHARGES 10/31/2021 11/23/2021 259.52 1121 100.04.51.07.5704 042512/112321 2 Invoice MONTHLY CHARGES 10/31/2021 11/23/2021 230.66 1121 605.56.09.21.5835 042512/112321 1 Invoice MONTHLY CHARGES 10/31/2021 11/23/2021 230.66 1121 601.61.61.12.5702 Total ALSCO:1,797.34 AMAZON CAPITAL SERVICES 1696-JFQD-6J 1 Invoice WALL CALENDAR 11/02/2021 11/23/2021 28.10 1121 100.02.20.01.5701 16VQ-Q6FX-3 1 Invoice WASTE TONER CARTRIDGE, PAP 11/10/2021 11/23/2021 77.58 1121 100.02.20.01.5610 1DF6-XH1H-G 1 Invoice SORTER 11/01/2021 11/23/2021 95.72 1121 100.02.20.01.5701 1LP6-TP7X-W 1 Invoice PRINT 10/03/2021 11/23/2021 431.93 1121 100.05.71.01.5711 1WLJ-LDWR-T 1 Invoice PING PONG BALLS, PENCIL SHAR 11/11/2021 11/23/2021 38.99 1121 100.05.72.16.5702 1XWR-GJMN-6 1 Invoice SD CARD, READER, CLEANER SP 10/30/2021 11/23/2021 111.47 1121 100.01.14.00.5701 1Y14-QDPP-7 1 Invoice AV 10/16/2021 11/23/2021 10.65 1121 100.05.71.02.5711 1YP9-T7DP-K6 2 Invoice HAND SANITIZER 10/09/2021 10/23/2021 30.88 1121 100.05.71.00.5703 1YP9-T7DP-K6 1 Invoice PENCILS, MARKERS, LIGHT BULB 10/09/2021 10/23/2021 56.87 1121 100.05.71.00.5701 Total AMAZON CAPITAL SERVICES:882.19 AMERICAN BOLT CORP. 840622 1 Invoice MANHOLE BOLTS 08/18/2021 11/23/2021 194.75 1121 601.61.61.16.5427 Total AMERICAN BOLT CORP.:194.75 BAKER & TAYLOR COMPANY 2036266978 1 Invoice PRINT 10/14/2021 11/23/2021 612.88 1121 100.05.71.01.5711 2036273463 1 Invoice PRINT 10/28/2021 11/23/2021 327.22 1121 100.05.71.01.5711 2036284007 1 Invoice PRINT 10/20/2021 11/23/2021 351.44 1121 100.05.71.01.5711 2036289868 1 Invoice PRINT 10/22/2021 11/23/2021 633.19 1121 100.05.71.01.5711 2036301221 1 Invoice PRINT 10/27/2021 11/23/2021 1,410.13 1121 100.05.71.01.5711 2036314527 1 Invoice PRINT 11/03/2021 11/23/2021 1,005.24 1121 100.05.71.01.5711 5017321833 1 Invoice PRINT 10/20/2021 11/23/2021 56.60 1121 100.05.71.01.5711 5017339289 1 Invoice PRINT 10/28/2021 11/23/2021 68.43 1121 100.05.71.01.5711 Total BAKER & TAYLOR COMPANY:4,465.13 40 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 11/10/2021-11/23/2021 Nov 18, 2021 03:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number BAKER & TAYLOR ENTERTAINMENT H58008550 1 Invoice AV 10/14/2021 11/23/2021 28.79 1121 100.05.71.02.5711 H58022630 1 Invoice AV 10/15/2021 11/23/2021 46.78 1121 100.05.71.02.5711 H58049230 1 Invoice AV 10/18/2021 11/23/2021 25.90 1121 100.05.71.02.5711 H58058020 1 Invoice AV 10/18/2021 11/23/2021 11.98 1121 100.05.71.02.5711 H58079890 1 Invoice AV 10/19/2021 11/23/2021 17.99 1121 100.05.71.02.5711 H58119420 1 Invoice AV 10/19/2021 11/23/2021 33.10 1121 100.05.71.02.5711 H58119421 1 Invoice AV 10/19/2021 11/23/2021 17.99 1121 100.05.71.02.5711 H58135720 1 Invoice AV 10/20/2021 11/23/2021 14.23 1121 100.05.71.02.5711 H58200520 1 Invoice AV 10/22/2021 11/23/2021 25.19 1121 100.05.71.02.5711 H58228910 1 Invoice AV 10/25/2021 11/23/2021 28.79 1121 100.05.71.02.5711 H58252920 1 Invoice AV 10/25/2021 11/23/2021 28.79 1121 100.05.71.02.5711 H58270180 1 Invoice AV 10/26/2021 11/23/2021 56.13 1121 100.05.71.02.5711 H58286230 1 Invoice AV 10/26/2021 11/23/2021 11.88 1121 100.05.71.02.5711 H58324850 1 Invoice AV 11/02/2021 11/23/2021 14.23 1121 100.05.71.02.5711 H58335230 1 Invoice AV 11/02/2021 11/23/2021 10.18 1121 100.05.71.02.5711 H58397680 1 Invoice AV 11/03/2021 11/23/2021 17.99 1121 100.05.71.02.5711 H58405130 1 Invoice AV 11/02/2021 11/23/2021 243.22 1121 100.05.71.02.5711 H58414480 1 Invoice AV 11/03/2021 11/23/2021 110.10 1121 100.05.71.02.5711 H58428930 1 Invoice AV 11/03/2021 11/23/2021 93.44 1121 100.05.71.02.5711 H58428940 1 Invoice AV 11/03/2021 11/23/2021 102.15 1121 100.05.71.02.5711 H58445220 1 Invoice AV 11/03/2021 11/23/2021 17.27 1121 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT:956.12 BAKER TILLY VIRCHOW KRAUSE, LLP BT1919776 1 Invoice FINAL BILLING AUDIT OF TID #9 10/12/2021 11/23/2021 13,202.00 1121 229.01.00.00.5810 Total BAKER TILLY VIRCHOW KRAUSE, LLP:13,202.00 BAYCOM INC PB2232 1 Invoice MUSKEGO AC WELL HOUSES 2,7,09/09/2021 11/23/2021 6,021.00 1121 605.00.00.00.1961 Total BAYCOM INC:6,021.00 BOGIE ENTERPRISES INC 21-0017297 1 Invoice CAMERA TRUCK VIEWER 11/10/2021 11/23/2021 1,738.12 1121 601.61.61.16.5411 Total BOGIE ENTERPRISES INC:1,738.12 BOLTER, DOUG BO112321 1 Invoice REFUND 11/15/2021 11/23/2021 239.20 1121 001.00.00.00.1005 Total BOLTER, DOUG:239.20 BUILDING SERVICE INC. 155511 1 Invoice ROLLER SHADES 11/01/2021 11/23/2021 2,068.00 1121 410.08.90.71.6513 Total BUILDING SERVICE INC.:2,068.00 CARDMEMBER SERVICE (ELAN) 0042/SKL 1 Invoice DNR RENEWALS (CODY/TIM)10/27/2021 11/23/2021 91.80 1121 605.56.09.30.5305 0042/SKL 2 Invoice POSTAGE 10/27/2021 11/23/2021 54.50 1121 605.55.09.03.5710 0067/BLO 1 Invoice CONF LODGING 10/27/2021 11/23/2021 82.00-1121 100.01.14.00.5303 0067/BLO 2 Invoice CONF LODGING 10/27/2021 11/23/2021 164.00 1121 100.02.20.01.5303 0067/BLO 3 Invoice DOMAIN RENEWAL-GO DADDY 10/27/2021 11/23/2021 19.17 1121 100.01.14.00.5507 0083/TZ 2 Invoice EAGLES NEST VIDEO 10/27/2021 11/23/2021 20.00 1121 215.06.00.00.5704 0083/TZ 1 Invoice CITY OWNED TRAILER REGISTRA 10/27/2021 11/23/2021 177.99 1121 215.06.00.00.6008 41 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3 Report dates: 11/10/2021-11/23/2021 Nov 18, 2021 03:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 0286/JW 2 Invoice LEXIS NEXIS 10/27/2021 11/23/2021 298.00 1121 100.01.05.00.5506 0286/JW 1 Invoice CALENDAR 10/27/2021 11/23/2021 26.51 1121 100.01.05.00.5701 0286/JW 3 Invoice CLERK OF COURT-DOCKET JUDG 10/27/2021 11/23/2021 10.00 1121 100.01.08.00.6004 1472/LM 1 Invoice WALMART 10/27/2021 11/23/2021 68.57 1121 100.02.20.01.5415 1472/LM 5 Invoice WALGREENS 10/27/2021 11/23/2021 11.53 1121 100.02.20.01.5701 1472/LM 2 Invoice AUTOZONE 10/27/2021 11/23/2021 20.99 1121 100.02.20.01.5115 1472/LM 6 Invoice QUARTERMASTER 10/27/2021 11/23/2021 133.32 1121 505.00.00.00.2636 1472/LM 4 Invoice OTC BRANDS, WALMART 10/27/2021 11/23/2021 216.96 1121 100.02.20.01.5722 1472/LM 3 Invoice GFL-EMERALD PARK 10/27/2021 11/23/2021 175.84 1121 100.02.20.01.6023 2229/RB 1 Invoice OPERATING SUPPLIES 10/27/2021 11/23/2021 955.40 1121 100.04.51.11.5702 3469/BLA 2 Invoice HOT SPOT SERVICE FOR 5 DEVIC 10/27/2021 11/23/2021 600.00 1121 100.05.71.00.5505 3469/BLA 1 Invoice LAMP FOR STUDY ROOM 10/27/2021 11/23/2021 59.99 1121 100.05.71.00.5401 3871/ES 1 Invoice PRINT 10/27/2021 11/23/2021 3.82 1121 100.05.71.01.5711 3871/ES 2 Invoice LIGHT BULBS 10/27/2021 11/23/2021 13.04 1121 100.05.71.00.5701 3897/SQ 2 Invoice SAM WLA CONFERENCE 10/27/2021 11/23/2021 185.00 1121 100.05.71.00.5303 3897/SQ 1 Invoice ADULT FOL 10/27/2021 11/23/2021 10.24 1121 100.05.71.00.5752 3905/AH 1 Invoice AMANDA WLA MEMBER THRU 10/10/27/2021 11/23/2021 162.00 1121 100.05.71.00.5305 3905/AH 2 Invoice TEEN FOL 10/27/2021 11/23/2021 130.59 1121 100.05.71.00.5752 3913/AB 2 Invoice SMART BOARD SOFTWARE 10/27/2021 11/23/2021 61.95 1121 100.05.71.00.5505 3913/AB 1 Invoice KIDS FOL 10/27/2021 11/23/2021 198.26 1121 100.05.71.00.5752 3921/TD 1 Invoice OCT BABYSITTING PARTICIPANT 10/27/2021 11/23/2021 165.00 1121 100.05.72.14.5730 3921/TD 2 Invoice 1 MO MEMBERSHIP FOR PARK & 10/27/2021 11/23/2021 99.00 1121 100.05.72.10.5305 4271/RP 1 Invoice SURVEY-HR 10/27/2021 11/23/2021 99.00 1121 100.01.06.00.5701 5731/SKR 1 Invoice WDNR LICENSE RENEWAL 10/27/2021 11/23/2021 751.74 1121 100.04.51.07.5704 5731/SKR 2 Invoice SHARPIES & TISSUE 10/27/2021 11/23/2021 26.71 1121 100.04.19.00.5701 6904/CS 1 Invoice SAFARILAND 10/27/2021 11/23/2021 389.03 1121 100.02.20.01.5303 7106/AK 1 Invoice K-9 CONFERENCE 10/27/2021 11/23/2021 106.84 1121 100.02.20.01.5303 7547/GW 1 Invoice PD MAINT 10/27/2021 11/23/2021 10.54 1121 100.02.20.01.5415 7547/GW 2 Invoice VENDING 10/27/2021 11/23/2021 6.29 1121 100.01.06.00.5702 7547/GW 4 Invoice POLICE SQUADS 10/27/2021 11/23/2021 29.08 1121 100.02.20.01.5405 7547/GW 3 Invoice OTH MAINT 10/27/2021 11/23/2021 42.19 1121 100.04.51.11.5415 8312/SW 1 Invoice CHAMBER LUNCH 10/27/2021 11/23/2021 15.00 1121 100.02.20.01.5303 8312/SW 2 Invoice DOMINO'S 10/27/2021 11/23/2021 77.91 1121 100.02.20.01.5722 9960/SM 3 Invoice 2021 ELEC ACADEMY-KERRI 10/27/2021 11/23/2021 174.00 1121 100.01.03.00.5303 9960/SM 1 Invoice DOA-DOC SALES 10/27/2021 11/23/2021 124.52 1121 100.01.06.00.5701 9960/SM 2 Invoice 2021 ELEC ACADEMY-DONNA 10/27/2021 11/23/2021 174.00 1121 100.01.03.00.5303 Total CARDMEMBER SERVICE (ELAN):6,078.32 CDW GOVERNMENT, INC M646978 1 Invoice WEBCAM 10/25/2021 11/23/2021 57.41 1121 100.05.71.00.5505 Total CDW GOVERNMENT, INC:57.41 CERTASITE, LLC 10950083 1 Invoice INSPECTION 11/11/2021 11/23/2021 390.00 1121 100.02.20.01.5415 10950157 1 Invoice FIRE INSPECTION 11/11/2021 11/23/2021 375.00 1121 100.01.09.00.5415 Total CERTASITE, LLC:765.00 CERTIFIED LABORATORIES 7561857 1 Invoice GRRR & AEROSOL 10/28/2021 11/23/2021 572.76 1121 100.04.51.11.5702 Total CERTIFIED LABORATORIES:572.76 COMPLETE OFFICE OF WIS 212102 1 Invoice CALENDAR 11/04/2021 11/23/2021 11.23 1121 100.05.71.00.5701 214336 1 Invoice SUPPLIES 11/08/2021 11/23/2021 25.61 1121 100.01.08.00.5702 42 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4 Report dates: 11/10/2021-11/23/2021 Nov 18, 2021 03:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 217267 1 Invoice DESKPAD 11/10/2021 11/23/2021 14.50 1121 100.01.08.00.5702 219994 1 Invoice FIN SUPPLIES 11/15/2021 11/23/2021 65.48 1121 100.01.03.00.5704 222424 1 Invoice FIN SUPPLIES 11/17/2021 11/23/2021 24.52 1121 100.01.03.00.5704 Total COMPLETE OFFICE OF WIS:141.34 CONLEY MEDIA, LLC 3340751021 1 Invoice MISC PUBLICATIONS 10/30/2021 11/23/2021 923.28 1121 100.01.06.00.6001 Total CONLEY MEDIA, LLC:923.28 CORE & MAIN LP P681262 1 Invoice WATER MAIN REPAIR PARTS 11/09/2021 11/23/2021 16.00 1121 605.54.06.51.5702 P853809 1 Invoice WATER SERVICES 10/28/2021 11/23/2021 182.33 1121 605.54.06.41.5702 P917618 1 Invoice SEWER - VALLEY GREEN LATERA 11/09/2021 11/23/2021 249.89 1121 601.61.61.16.5411 P918774 1 Invoice SEWER-VALLEY GREEN LATERAL 11/09/2021 11/23/2021 99.64 1121 601.61.61.16.5411 Total CORE & MAIN LP:547.86 DERMATEC DIRECT 1554174 1 Invoice GLOVES 10/27/2021 11/23/2021 225.89 1121 100.02.20.01.5704 Total DERMATEC DIRECT:225.89 DIGGERS HOTLINE, INC. 211 0 71901 1 Invoice PREPAID FEES FOR OCTOBER 20 10/31/2021 11/23/2021 50.46 1121 100.04.51.04.6026 211 0 71901 2 Invoice PREPAID FEES FOR OCTOBER 20 10/31/2021 11/23/2021 227.07 1121 601.61.63.43.5801 211 0 71901 3 Invoice PREPAID FEES FOR OCTOBER 20 10/31/2021 11/23/2021 227.07 1121 605.54.06.41.5870 Total DIGGERS HOTLINE, INC.:504.60 DIXON ENGINEERING INC 21-8795 1 Invoice VERIZON - IND PARK (REVIEW)11/08/2021 11/23/2021 1,750.00 1121 100.04.19.00.5815 Total DIXON ENGINEERING INC:1,750.00 EAGLE MEDIA, INC. 00133556 1 Invoice JACKET 11/04/2021 11/23/2021 79.96 1121 100.02.20.10.5151 Total EAGLE MEDIA, INC.:79.96 EMERGENCY LIGHTING & 210409 1 Invoice SQUAD 18 REPAIRS 11/12/2021 11/23/2021 2,508.02 1121 100.01.06.00.6108 Total EMERGENCY LIGHTING &:2,508.02 FERGUSON WATERWORKS #1476 0347190 1 Invoice METER TESTING 10/28/2021 11/23/2021 3,440.00 1121 605.56.09.23.5510 Total FERGUSON WATERWORKS #1476:3,440.00 FINDAWAY WORLD LLC 366294 1 Invoice REPLACEMENT 10/22/2021 11/23/2021 79.96 1121 100.05.71.00.5774 366295 1 Invoice REPLACEMENT 10/22/2021 11/23/2021 19.99 1121 100.05.71.00.5774 366850 1 Invoice AV 10/28/2021 11/23/2021 491.92 1121 100.05.71.02.5711 Total FINDAWAY WORLD LLC:591.87 43 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5 Report dates: 11/10/2021-11/23/2021 Nov 18, 2021 03:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number FOTH INFRASTRUCTURE & 75076 1 Invoice CONSTRUCTION SERVICES 11/10/2021 11/23/2021 231.76 1121 410.08.91.19.6507 Total FOTH INFRASTRUCTURE &:231.76 G5 CONSTRUCTION 106 1 Invoice LABOR TO INSTALL 6" STEEL GUT 11/04/2021 11/23/2021 11,800.00 1121 601.00.00.00.1903 Total G5 CONSTRUCTION:11,800.00 GALLS, LLC,-DBA RED THE UNIFORM TAILOR BC1474136 1 Invoice SHIRTS, PANTSM-FOX 10/26/2021 11/23/2021 435.16 1121 100.02.20.01.5151 Total GALLS, LLC,-DBA RED THE UNIFORM TAILOR:435.16 GRAINGER 9119722107 1 Invoice RYAN RD LIFT STATION 11/12/2021 11/23/2021 734.66 1121 601.61.61.16.5411 9122301469 1 Invoice RYAN RD LIFT STATION 11/16/2021 11/23/2021 204.95-1121 601.61.61.16.5411 Total GRAINGER:529.71 HARTLING TRUCKING LLC 287 1 Invoice STONE TO DPW-OCT 2021 11/05/2021 11/23/2021 436.93 1121 100.04.51.02.5741 Total HARTLING TRUCKING LLC:436.93 HEARTLAND BUSINESS SYSTEMS 476953-H 1 Invoice INTRADYN LICENSING, 1 YR SUB 11/01/2021 11/23/2021 1,650.64 1121 100.01.14.00.5507 Total HEARTLAND BUSINESS SYSTEMS:1,650.64 HILLER FORD INC 60415 1 Invoice F150 PICKUP 08/26/2021 11/23/2021 10,525.00 1121 605.00.00.00.1962 60415 2 Invoice F150 PICKUP 08/26/2021 11/23/2021 10,525.00 1121 601.00.00.00.1923 Total HILLER FORD INC:21,050.00 HUMPHREY SERVICE PARTS 1254609 1 Invoice SERVICE 10/14/2021 11/23/2021 316.53 1121 100.04.51.07.5405 1254768 1 Invoice TRUCK SENDER SERV 10/18/2021 11/23/2021 37.08 1121 100.04.51.07.5405 1254770 1 Invoice TRUCK SENDER SERV 10/18/2021 11/23/2021 55.62 1121 100.04.51.07.5405 1256075 1 Invoice SHOP OIL CATCHER 11/01/2021 11/23/2021 22.31 1121 100.04.51.07.5405 1257202 1 Invoice SHOP SUPPLIES 11/12/2021 11/23/2021 31.46 1121 100.04.51.07.5405 1257419 1 Invoice VEHICLE SHOP SUPPLIES 11/15/2021 11/23/2021 51.00 1121 100.04.51.07.5405 Total HUMPHREY SERVICE PARTS:514.00 INGERSOLL LIGHTING 120079 1 Invoice MAINT - LIB 10/29/2021 11/23/2021 437.00 1121 100.05.71.00.5415 Total INGERSOLL LIGHTING:437.00 JENSEN EQUIPMENT CO., INC. N002524 1 Invoice COVID SPRAY SUPPLIES 11/04/2021 11/23/2021 411.00 1121 100.01.06.00.5701 N002913 1 Invoice COVID SPRAY SUPPLIES 11/09/2021 11/23/2021 411.00 1121 100.01.06.00.5701 Total JENSEN EQUIPMENT CO., INC.:822.00 44 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6 Report dates: 11/10/2021-11/23/2021 Nov 18, 2021 03:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number JOERS, STACI JO112321 1 Invoice CLASS INSTRUCTION- COOKING 11/16/2021 11/23/2021 90.00 1121 100.05.72.18.5110 Total JOERS, STACI:90.00 JOHN PAUL'S 764537 1 Invoice HOSE 11/11/2021 11/23/2021 76.88 1121 100.04.51.11.5405 Total JOHN PAUL'S:76.88 JOHNSON'S NURSERY, INC 81171 1 Invoice TREES 11/11/2021 11/23/2021 2,226.00 1121 215.06.00.00.6009 Total JOHNSON'S NURSERY, INC:2,226.00 JORDAN, JASON JOSEPH JO/112321 1 Invoice MARTIAL ARTS FOR KIDS 11/02/2021 11/23/2021 1,388.00 1121 100.05.72.13.5110 Total JORDAN, JASON JOSEPH:1,388.00 KATERINOS, SHEILA KA112321 1 Invoice REFUND-KICKBOXING 11/12/2021 11/23/2021 64.00 1121 100.05.72.13.4318 Total KATERINOS, SHEILA:64.00 KUJAWA ENTERPRISES INC. 41265 1 Invoice 11/21 PLANT MAINT 11/01/2021 11/23/2021 61.00 1121 100.05.71.00.5415 Total KUJAWA ENTERPRISES INC.:61.00 LAMB'S NURSERY LLC 10806 1 Invoice WELL 13 11/15/2021 11/23/2021 542.00 1121 605.51.06.05.5702 Total LAMB'S NURSERY LLC:542.00 LANDMARK STUDIO, LTD SO19803 1 Invoice BLACK PLASTIC SHEET - SIGN 11/05/2021 11/23/2021 625.00 1121 100.04.51.03.5743 Total LANDMARK STUDIO, LTD:625.00 LAWSON PRODUCTS, INC. 9308961495 1 Invoice SHOP TOOLS 11/01/2021 11/23/2021 785.51 1121 605.54.06.41.5702 Total LAWSON PRODUCTS, INC.:785.51 MERIT ASPHALT, LLC 4992 1 Invoice INSTALLAITON OF ASPHALT-COV 11/06/2021 11/23/2021 7,520.00 1121 601.00.00.00.1903 Total MERIT ASPHALT, LLC:7,520.00 MHS MUSIC FRIENDS MHSM-112321 1 Invoice CITY HALL POINTSETTIA ORDER 11/15/2021 11/23/2021 350.00 1121 100.01.01.00.5303 Total MHS MUSIC FRIENDS:350.00 MICROMARKETING LLC 863628 1 Invoice AV 09/28/2021 11/23/2021 39.99 1121 100.05.71.02.5711 865312 1 Invoice AV 10/14/2021 11/23/2021 114.78 1121 100.05.71.02.5711 45 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 11/10/2021-11/23/2021 Nov 18, 2021 03:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total MICROMARKETING LLC:154.77 MIDWEST TAPE 501148428 1 Invoice AV 10/19/2021 11/23/2021 57.98 1121 100.05.71.02.5711 501148429 1 Invoice AV 10/19/2021 11/23/2021 249.93 1121 100.05.71.02.5711 501180511 1 Invoice AV 10/28/2021 11/23/2021 29.99 1121 100.05.71.02.5711 501202638 1 Invoice AV 10/29/2021 11/23/2021 114.97 1121 100.05.71.02.5711 501211387 1 Invoice 10/21 HOOPLA USAGE 10/31/2021 11/23/2021 317.16 1121 100.05.71.03.5711 Total MIDWEST TAPE:770.03 MILW MET. SEWERAGE DISTRICT 250-21 1 Invoice 3RD QTR 2021 11/08/2021 11/23/2021 20,009.22 1121 601.61.61.03.6072 Total MILW MET. SEWERAGE DISTRICT:20,009.22 MILWAUKEE KICKERS SOCCER CLUB MK112321 1 Invoice MIKRO MUSKEGO 11/10/2021 11/23/2021 3,740.00 1121 100.05.72.13.5110 Total MILWAUKEE KICKERS SOCCER CLUB:3,740.00 MISS BECKY LLC 730 1 Invoice FALL CLASSES 11/05/2021 11/23/2021 210.00 1121 100.05.72.13.5110 733 1 Invoice ZUMBINI - FALL CLASS 11/09/2021 11/23/2021 60.00 1121 100.05.72.13.5110 Total MISS BECKY LLC:270.00 MKE DESIGN BUILD MUSKEGO LIB 1 Invoice YA DESIGN 10/21/2021 11/23/2021 1,323.50 1121 410.08.90.71.6513 MUSKEGO LIB 2 Invoice DESK REDESIGN 10/21/2021 11/23/2021 125.00 1121 410.08.90.71.6512 Total MKE DESIGN BUILD:1,448.50 MUSKEGO CHAMBER OF COMMERCE 7231 1 Invoice ANNUAL MEMBERSHIP DUES 11/08/2021 11/23/2021 340.00 1121 100.01.01.00.5305 Total MUSKEGO CHAMBER OF COMMERCE:340.00 MUSKEGO FEED & SEED 000031 1 Invoice SHAVINGS 11/04/2021 11/23/2021 11.98 1121 215.06.00.00.5704 Total MUSKEGO FEED & SEED:11.98 MWSTS 21-15-02 1 Invoice PARK ARTHUR BALL FIELDS 11/09/2021 11/23/2021 162,990.00 1121 202.08.94.74.6530 Total MWSTS:162,990.00 OCCUPATIONAL HEALTH CENTERS 103466257 1 Invoice RANDOM TESTING - DPW 11/03/2021 11/23/2021 47.50 1121 100.04.51.01.5227 Total OCCUPATIONAL HEALTH CENTERS:47.50 OLSON'S OUTDOOR POWER 169452 1 Invoice 18" EXTENSION 11/16/2021 11/23/2021 74.51 1121 215.06.00.00.6009 46 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8 Report dates: 11/10/2021-11/23/2021 Nov 18, 2021 03:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total OLSON'S OUTDOOR POWER:74.51 PAYNE & DOLAN OF WISCONSIN 1777491 1 Invoice COMMERCIAL 9.5 MM 11/11/2021 11/23/2021 421.66 1121 100.04.51.02.5740 Total PAYNE & DOLAN OF WISCONSIN:421.66 PERRILL 255810 1 Invoice ROWAY WEB APPLICATION 11/01/2021 11/23/2021 85.00 1121 100.04.19.00.5815 Total PERRILL:85.00 POSTMASTER OF MUSKEGO PO112321 1 Invoice WINTER/SPRINT PROGRAM GUID 11/09/2021 11/23/2021 1,752.91 1121 100.05.72.10.5820 Total POSTMASTER OF MUSKEGO:1,752.91 PROHEALTH CARE 21295908 1 Invoice LAB DRAW 11/01/2021 11/23/2021 108.15 1121 100.02.20.01.5722 310651 1 Invoice MEDICAL - SIADAK 11/01/2021 11/23/2021 103.00 1121 100.02.20.01.5845 310750 1 Invoice MEDICAL - FOX 11/01/2021 11/23/2021 103.00 1121 100.02.20.01.5845 Total PROHEALTH CARE:314.15 SAFEWAY PEST MANAGEMENT INC. 673393 1 Invoice PEST CONTROL OLD PD 11/15/2021 11/23/2021 38.00 1121 100.02.20.01.5415 673394 1 Invoice NOV 21 PEST CONTROL 11/01/2021 11/23/2021 35.00 1121 100.05.71.00.5415 673395 1 Invoice MONTHLY PEST CONTROL 11/15/2021 11/23/2021 40.00 1121 100.01.09.00.5415 Total SAFEWAY PEST MANAGEMENT INC.:113.00 SECURIAN FINANCIAL GROUP, INC. 002832L/11232 1 Invoice LIFE INS PREMIUMS - DECEMBER 11/12/2021 11/23/2021 2,529.87 1121 100.00.00.00.2207 Total SECURIAN FINANCIAL GROUP, INC.:2,529.87 SOMAR TEK LLC/ ENTERPRISES 102462 1 Invoice AMMO SAFE 11/08/2021 11/23/2021 25.96 1121 100.02.20.01.6023 102464 1 Invoice RADIO HOLDER 11/08/2021 11/23/2021 46.00 1121 100.02.20.01.5151 Total SOMAR TEK LLC/ ENTERPRISES:71.96 SPECTRUM 015280511062 1 Invoice MONTHLY ENTERPRISE INTERNE 11/06/2021 11/23/2021 114.98 1121 100.04.51.11.5820 Total SPECTRUM:114.98 STREICHER'S I1532361 1 Invoice BALL.PANEL SET - MONREAL 11/02/2021 11/23/2021 800.00 1121 100.02.20.01.5227 I1532361 2 Invoice BALL. PANEL SET - MONREAL 11/02/2021 11/23/2021 250.00 1121 100.02.20.01.5151 I1532397 1 Invoice PANTS - TEMPLE 11/02/2021 11/23/2021 155.99 1121 100.02.20.01.5151 Total STREICHER'S:1,205.99 THE MASTER'S TOUCH LLC MA112321 1 Invoice 2021 TAX BILL POSTAGE 11/18/2021 11/23/2021 3,791.58 1121 100.01.03.00.5801 47 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 11/10/2021-11/23/2021 Nov 18, 2021 03:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total THE MASTER'S TOUCH LLC:3,791.58 TYLER TECHNOLOGIES, INC 060-112849 1 Invoice 13298-2021 SCHEDULE A-OCT BIL 11/08/2021 11/23/2021 2,997.12 1121 100.01.04.00.5801 Total TYLER TECHNOLOGIES, INC:2,997.12 U.S. CELLULAR 0471320226 6 Invoice MONTHLY CHARGE - DPW 10/28/2021 11/23/2021 139.50 1121 100.04.51.01.5605 0471320226 3 Invoice MONTHLY CHARGE - SEWER SCA 10/28/2021 11/23/2021 135.00 1121 601.61.63.42.5606 0471320226 5 Invoice MONTHLY CHARGE - FINANCE 10/28/2021 11/23/2021 10.50 1121 100.01.03.00.5601 0471320226 2 Invoice MONTHLY CHARGE - WATER SCA 10/28/2021 11/23/2021 135.00 1121 605.56.09.21.5607 0471320226 7 Invoice MONTHLY CHARGE-REC 10/28/2021 11/23/2021 50.50 1121 100.05.72.10.5601 0471320226 4 Invoice MONTHLY CHARGE - IS 10/28/2021 11/23/2021 52.51 1121 100.01.14.00.5601 0471320226 1 Invoice MONTHLY CHARGE-PD 10/28/2021 11/23/2021 246.26 1121 100.02.20.01.5604 Total U.S. CELLULAR:769.27 UNEMPLOYMENT INSURANCE 11186295 1 Invoice BENEFIT CHARGES-OCT 10/31/2021 11/23/2021 1,652.20 1121 100.01.06.00.6020 Total UNEMPLOYMENT INSURANCE:1,652.20 WARRIOR WASH, LLC WA112321 1 Invoice CAR WASH - OCTOBER 2021 10/31/2021 11/23/2021 140.00 1121 100.02.20.01.5405 Total WARRIOR WASH, LLC:140.00 WAUKESHA COUNTY 753539 1 Invoice RECORDING FEE-4627057 10/21/2021 11/23/2021 30.00 1121 100.04.19.00.5715 753539 2 Invoice RECORDING FEE-4627058 10/21/2021 11/23/2021 30.00 1121 507.00.00.00.2761 753539 3 Invoice RECORDING FEE-4627059 10/21/2021 11/23/2021 30.00 1121 507.00.00.00.2768 Total WAUKESHA COUNTY:90.00 WAUKESHA COUNTY TREASURER 2021-2004017 1 Invoice INMATE BILLING 11/08/2021 11/23/2021 18.64 1121 100.01.08.00.6017 Total WAUKESHA COUNTY TREASURER:18.64 WE ENERGIES 3915049160 1 Invoice STREET LIGHTING 11/04/2021 11/23/2021 6,009.78 1121 100.04.51.06.5910 3919404093 1 Invoice PARKS DEPARTMENT 11/08/2021 11/23/2021 908.25 1121 100.04.51.11.5910 Total WE ENERGIES:6,918.03 WELDERS SUPPLY COMPANY 10247779 1 Invoice MONTHLY ACETYLENE 10/29/2021 11/23/2021 6.65 1121 100.04.51.07.5405 Total WELDERS SUPPLY COMPANY:6.65 WIND LAKE AUTO PARTS 1975/112321 3 Invoice VEHICLES & EQUIP 10/30/2021 11/23/2021 544.00 1121 100.04.51.07.5405 1975/112321 4 Invoice MOWER 10/30/2021 11/23/2021 78.42 1121 100.04.51.11.5405 1975/112321 1 Invoice PLANNING VEHICLE 10/30/2021 11/23/2021 236.85 1121 100.05.72.13.5702 1975/112321 2 Invoice UTILITIES SHOP 10/30/2021 11/23/2021 29.76 1121 605.54.06.41.5702 48 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10 Report dates: 11/10/2021-11/23/2021 Nov 18, 2021 03:38PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total WIND LAKE AUTO PARTS:889.03 WISCONSIN DEPT OF JUSTICE - CIB G2451/112321 1 Invoice BACKGROUND CHECKS 10/31/2021 11/23/2021 119.00 1121 100.05.72.16.6002 L6806T/112321 1 Invoice RECORD NAME SEARCHES 10/31/2021 11/23/2021 84.00 1121 100.01.06.00.6002 Total WISCONSIN DEPT OF JUSTICE - CIB:203.00 Grand Totals: 322,452.30 Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" [Report].Vendor Name = {<>} "KEIL ENTERPRISES" [Report].Vendor Name = {OR} {IS NULL} 49