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COMMON COUNCIL Packet 08062024CITY OF MUSKEGO COMMON COUNCIL AGENDA 08/06/2024 5:30 PM Muskego City Hall, W182 S8200 Racine Avenue SPECIAL MEETING CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE ine Cm10! -KiSKEGO PUBLIC COMMENT City Residents and Taxpayers Only - Speakers will be limited to making comments related to all agenda items excluding closed session items relating to employment and labor issues. Comments will be limited to three minutes per speaker per agenda item. There will be no discussion by/with the Common Council during Public Comment. NEW BUSINESS Pre -Authorization of 2025 Capital Budget Request Item - Park Arthur Field #4 2024 Athletic Facility Request & Policy.pdf INPRO agreement, Miinutes, Resolution.pdf Pitching Mound Cost.pdf Fence Quotes.pdf Park Arthur Tournament Application 2024.pdf Field Revenue 2022-2024.pdf Past and Future Care of Field #4.pdf City of Muskego Park Arthur 4 agreement[5496].docx 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. LZI CITY OF MUSKEGO — RECREATION DEPARTMENT 2024 ATHLETIC FACILITY REQUEST & POLICY League Director: Full Address: Cell Phone: Email: Percentage Muskego residents in program: BASEBALL/SOFTBALL FIELD(S) LOCATION: (*90'-base pegs available): PLEASE CHECK REQUESTED FACILITIES Traditional Ballfield — Dirt infield/Grass outfield NO LIGHTS Traditional Hardball field with raised mound/grass infield Non-traditional Ballfield — LIGHTS Turfed infield/grass outfield Bluhm Farm I Kurth Park Horn Park* Park Arthur #1 Bluhm Farm II Jensen Park Park Arthur #4 (Lights)* Park Arthur #2 Bluhm Farm III Denoon Park* Park Arthur #3 Bluhm Farm IV SOCCER FIELD(S) LOCATION: Denoon (UPPER -roadside) Kurth Park (MIDDLE) Manchester Hill Denoon (MIDDLE -school) Kurth Park (NORTH -tennis) Moorland (EAST -skateboard side) Kurth Park (SOUTH -Woods Rd) Moorland (WEST -playground side) FOOTBALL/RUGBY FIELD LOCATION: Bluhm Park Date(s) of Requested Use: Season Start: Game Time: From to Maintenance requested Season End: "Park hours: no use before 8AM and completely off fields by 1OPM Equipment needs "City does not provide bases for ballfields except for Park Arthur 1-2-3. Soccer goals are property of Muskego Kickers. Rugby end goals property of Muskego Rugby I agree to abide by the rules, regulations, and policies as set forth by the Parks and Conservation Committee. In consideration of the foregoing, 1, for myself, my heirs, assigns, beneficiaries and personal representatives, waiver and release any and all rights and claims for damages I or my child may have against the City of Muskego and all agents and persons acting for and on behalf of all entities as a result of my participation in any activity sponsored by these groups. I have read through the Insurance Requirements section and understand that I may not start use of City of Muskego facilities until the appropriate paperwork has been submitted. Applicant's Signature Date Approved Disapproved Current Insurance Forms on file: ❑Yes ❑No Application Received: Field Usage Fee: $_ Maintenance Fee: $ Authorized Signatory, Recreation Department Total Useage Fees: Security Deposit: $ AMOUNT COLLECTED: $ Date: CK Cash Note all reasons for withholding any refund or deposit : Lights: $ By M CITY OF MUSKEGO PARKS & RECREATION ATHLETIC FIELD USAGE POLICIES AND PROCEDURES Please be sure to read all sections, as this document is revised annually. Every league/coach is accountable and responsible to abide by these policies/procedures. Category Levels for Field Usage • Category I —Recreation Department. Adult/Youth Programs (e.g., instructional classes, adult men's & women's leagues) offered and administered by the Recreation Department. • Category II—Muskego-based Youth Leagues. Those organizations that retain no less than a 100% residency rate and are league based within Muskego city limits (e.g., Muskego Athletic Association, Muskego Warriors Football, Muskego Kickers Soccer). To be qualified for this category, each team participating in a game/scrimmage must be made up of 100% Muskego residents. • Category 111 — Muskego/Norway School District Athletic and School Programs. Those activities/teams that function under the jurisdiction of the MNSD and use city fields and facilities for their practices, games and special events. • Category IV—Non-Muskego-based Traveling Leagues, Adult/Youth. Those organizations that retain less than a 75% residency rate and organization may or may not be based within Muskego city limits (e.g. Leagues: Muskego Warriors baseball/football, Muskego Storm (boys/girls), Muskego Rebels, Muskego Raiders, Kickers Traveling Teams, Boys and Girls Rugby, etc.) as well as Milwaukee/Waukesha area traveling teams. This category includes teams who are 75% Muskego resident competing against teams of non-residents. Insurance Requirements are mandatory for all Category H, IV organizations Organization shall, at its expense, obtain and carry comprehensive general liability insurance with combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Two Million Dollars ($2,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00) for damage to rented premises (or such higher amounts as the City shall from time to time deem reasonable). Such policy shall cover the Organization and the City and its agents, employees, and officials. A Certificate of Insurance shall be furnished to the City upon execution of this Agreement, along with Endorsements to the policy for the following: 1. Thirty (30) day notice of cancellation. 2. Waiver of subrogation. 3. Naming the City as an additional insured. 4. Stating that the Organization's insurance is primary. Each such policy shall provide that no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City's right to recover thereon. Iq Fees and Charges a. Current Charges in Relation to Category Category I —Program fee charged directly to participants/teams Category II —Exempt from field usage charge for most parks for standard park use. Field fees to be assessed for use of Park Arthur turfed fields #1-2-3. Category III —Field usage fee & maintenance may be assessed based on exclusive use. Category IV —Field usage fee to be assessed. Light fees and maintenance fees to be assessed. Fees are different for traditional fields vs. turf field. b. Field Usage Fees 1. Field usage fees allow for "exclusive use" of the reserved athletic field. PRACTICES - Team practice requests must follow the established guidelines of the Recreation Department utilizing the online software and can be no longer than 1.5 hours in length. N ow Tv 9—F a. Field usage fees are not charged for practices held on the fields at: Bluhm, Denoon, Horn, Jensen, Kurth, Lions, Manchester, Moorland, Park Arthur #4, Schmidt and Veterans Park. _ b. Field usage fees ARE charged for practices at the turfed fields of Park Arthur fields #1, #2, #3. Practices 1.5 hours length from start to finish of practice time - Resident ($100/field/date) Non-resident ($150/field/date) Field usage fees do not include bases, nets, or other equipment needs. However, Park Arthur fields #1, #2, #3 bases are provided and set at requested distances by City Turf Manager. 4. GAMES - Daily Usage for Category Level II, III IV: a. Category II - A meeting will be held at the beginning of the school year with the district staff to discuss field use and outline field use and anticipated maintenance/restoration needs. If maintenance is needed, cost sharing will be applied for those maintenance items. b. Field usage fees for up to 3 hours on the fields at: Bluhm, Denoon, Horn, Jensen, 1) 01\ urth, Lions, Manchester, Moorland, Park Arthur #4, Schmidt and Veterans Park. FGteF i. Youth/Adult Organization- Resident($20.00/field/date) Non-resident ($40.00/field/date) c. Field usage fees for games at the turfed fields of Park Arthur fields #1, #2, #3. 7D ATi. Games 2 hours from start to finish (includes warm-up time) 1. Resident ($100/field/date) Non-resident ($250/field/date) 5. Daily Usage (MORE than 3 % hours of field use, typically double header games and all -day tournaments) regardless of Category Level. a. Field usage fees for the fields at: Bluhm, Denoon, Horn, Jensen, Kurth, Lions, Manchester, Moorland, Park Arthur #4, Schmidt and Veterans Park. i. Youth/Adult Organization- Resident($50.00/field/date) Non-resident ($100.00/field/date) b. Field usage fees for the turfed fields of Park Arthur fields #1, #2, #3. W) i. Residents $250/field/date ii. Non-residents $500/field/date 6. Security Deposits: a. Season Deposit - $750 deposit for any organization using the turfed fields at Park Arthur #1, #2, #3. Deposit will be used to repair any damage to field, turf cleaning/sanitizing, man-hours for upkeep, base replacement, etc. Deposit to be returned after the season -end inspection of the fields if not needed to pay for repairs. c. Maintenance Fees For the fields at: Bluhm, Denoon, Horn, Jensen, Kurth, Lions, Manchester, Moorland, Park Arthur #4, Schmidt and Veterans Park, each organization utilizing these fields must provide to the City an insured business, the Organization has secured, that will provide field game prep/maintenance for approval by the City. Maintenance specifications will be provided to each insured field crew and must be followed for all prep of City fields. City will take drone photos of each field the first week of each month and report back to the user groups utilizing those fields of any damages and repairs that must be performed at the expense of the leagues using those fields. Fields cannot be maintained/prepped by parents of the organization and must only be done by trained and insured individuals. The City will provide all maintenance and field prep for the turfed fields at Park Arthur #1, #2, #3. Soccer/Open Fields that require a special set-up or special mowing prior to the event will be assessed a maintenance fee of $100.00. Requests for special set-up/maintenance must be made at least 2 weeks in advance of event. d. Lights and Shed/Storage Usage 1. All keys are the property of the City of Muskego and will not be duplicated. 2. A key deposit of $25.00/key will be required should you request the use of the complex storage facilities. Key deposits will be retained should the key be lost. Also, you will be held responsible for any other expenses resulting from the loss of the key as the Department of Puhlir Wnrkc and the Rarra;tion Department feels necessary, such 1g lock changes, atr_ a. For baseball/soccer/football leagues, there will be only one key per facility issued to each league. If it becomes necessary for the department to have additional keys made to fulfill a request for additional keys, the individual/league/organization will be assessed this additional incurred expense to the department. The key(s) must be turned into the department at the end of the season and are the property of the City of Muskego. Failure to return the key(s) will result in loss of the key deposit and could result in additional charges if it is felt by the department that the facility needs to be rekeyed because of the lack of return of the key(s). Loss of future use could be penalized, also. W 3. Any individual/league/organization will assume responsibility for the securing of the shed/storage facility. Theft, vandalism, etc. which occurs due to the lack of properly securing the facility at the completion of the event will be the responsibility of said individual/league/organization. Restitution, as determined by the Department of Public Works and the Recreation Department, will be the responsibility of the individual/league/organization. e. Baseball/Softball/Kickball Tournaments 1. Tournaments using City of Muskego fields may be scheduled beginning May 1 for fields at: Bluhm, Denoon, Horn, Jensen, Kurth, Lions, Manchester, Moorland, Park Arthur #4, Schmidt and Veterans Park. Tournaments using the turfed fields at Park Arthur #1, #2, #3 may be able to start in April, weather dependent. There is a separate tournament form for use of Park Arthur fields which is all inclusive (includes shelters/concessions/garbage). 2. Tournaments will incur a $100/tournament fee for dumpster use, if selling concessions at the tournament. If tournament takes place outside of normal months parks bathrooms are open (May 1- September 30) an additional charge of $100/day will be added for special cleaning of the restrooms. Will only be assessed for field use in the months of April and October when restrooms are typically closed. 4. Open air shelters at Bluhm can be used for concession sales at a cost of $150/day per shelter. General Rules and Regulations • User must be a City of Muskego civic organization, team, school or individual. Non-resident organizations must be approved prior to use and will pay non-resident fees. All usage must be subject to approval by the Recreation Department and/or Parks and Conservation Committee as needed. • Daily events must conclude by 10:00 P.M. unless an extension is granted by the Recreation Department. All event attendees must have exited the park no later than 10:15PM. • The user/applicant is responsible for the general clean up (dugouts, athletic field areas) and also parking and crowd control on the grounds as determined by the field maintenance division. City staff is not responsible for this clean up. If City staff are required to clean the area the following day for a game or tournament, the individual/league/organization will be charged a $100.00 maintenance fee and could determine future use of the facilities. r` All distributed keys are the property of the City of Muskego. No duplication of keys is permitted. Anyone caught duplicating keys will lose their field privileges and pay the cost to re - key facilities. Field/facility security is important to us all. • Parking on the grass at any park facility is strictly prohibited unless the Parks and Conservation Committee gives special approval. It is the organizations responsibility to make sure all guests of your events know that parking on grass is not allowed. Sample Costs for use of Park Arthur fields #1, #2, #3 Field Cost Sample for planning purposes only. Full costs will be determined at the time of submission of application and can include security deposits, shelter rentals, dumpster use and staffing if necessary. 2024 FIELD COSTS GAME ONLY USE COST per field RESIDENT 100% Muskego Teams PER FIELD / PER DATE $100/date NON-RESIDENT 75% Muskego Teams PER FIELD / PER DATE $100/date Non-resident League Teams PER GAME / PER DATE i.e. double headers cost $400 $250/game 1.5 hour PRACTICE ONLY USE ON PARK ARTHUR #1, #2, #3 Cast per date/per field PRACTICES Resident Team $100.00 PRACTICES Non -Resident Team $150.00 Mill Valley Complex Lights Usage Adopted by the Parks & Recreation Board 2/20/84, Fees and Charges Adopted by the Parks and Recreation Board 1/21/85 Adopted by the Parks and Recreation Board 3114188, Policy Revision Approved and Adopted by the Parks and Recreation Board 5111192 *Revised by Director Craig Anderson 11117106, 10120108, 1012109, 8110110, 1/26/12, 10/2/12, 10123114 *Revised by Recreation Manager Tammy Dunn 11111115, 1211116 Policy Revision Approved and Adopted by the Parks and Conservation Committee 4118 Policy Revision Approved and Adopted by the Parks and Conservation Committee 10121 & Finance & Council 11121 Policy Revision Approved and Adopted by Finance & Common Council 1/9124 C: GIFT AND SPONSORSHIP AGREEMENT This Gift and Sponsorship Agreement, dated as of J%(,�' j y , 2024 (this "Agreement"), is made by and between InPro Corporation (the "Donor"), and City of Muskego, a Wisconsin Municipal entity (the "City"). WHEREAS, the Donor wishes to support the City by making a gift to the City in an amount equal to Four Hundred Thousand Dollars ($400,000) for the purposes described herein; NOW, THEREFORE, the parties, in recognition of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be bound, do hereby agree as follows: I. The Gift. The Donor hereby agrees to make a gift in an amount equal to Four Hundred Thousand Dollars ($400,000) to the City for the purposes described below (the "Gift"), payable to the City of Muskego. 2. Use of Gift. Payments received by the City pursuant to this Agreement shall be used to reimburse the previously incurred costs of purchasing and installing a new turf and scoreboard at the Park Arthur Baseball Field #4 (the "Stadium".) Naming Rights. (a) Generally. In recognition of the Donor's generous gift to the City, the Donor and the City agree that the current Stadium signage will be upgraded, as determined by the mutual agreement of the Donor and the City, and the Donor's corporate logo, as identified on Exhibit A attached hereto, will be installed on the Stadium entrance signage, and the Stadium turf; provided, however, that all signage will be standard and consistent with the approved system authorized by the City, and provided further that use of the Donor's corporate logo will be (a) subject to the prior approval of the Donor and the City and (b) consistent with and subject to the requirements of the City's Sponsorship Policy, attached hereto as Exhibit B, respectively, and any other laws or rules applicable to the City. (b) Stadium Entrance Sigriage. The Donor's corporate logo will remain on the Stadium entrance signage for a period often (10) years commencing upon installation. If, at least eighteen (18) months prior to the expiration of that period, the Donor (i) notifies the City in writing that it desires to extend its sponsorship and naming rights with respect to the signage for an additional five (5) years, and (ii) pays to the City an additional contribution of Two Hundred Thousand Dollars ($200,000) on or before the expiration of the initial ten-year period, then the Donor's sponsorship and naming rights with respect to the Stadium entrance signage will be extended for an additional five (5) years, commencing upon the expiration of the initial ten-year period. Ifthe Donor does not satisfy the conditions set forth in (i) and (ii) above, then, upon expiration of the initial ten-year period, the City may remove the Donor's corporate logo from the Stadium entrance signage, and the Donor will have no further sponsorship or naming rights with respect to these signs. If the Donor does satisfy the conditions set forth in (i) and (ii) above, then, upon expiration of the additional five-year period, the following will apply. - (A) The City will notify the Donor of any offer from another donor to sponsor the Stadium entrance signage that is agreeable to the City, and the Donor will have ten (10) days in which to agree to match the terms of the offer. If the Donor RE agrees to match the terms of the offer, the Donor will be given the opportunity to sponsor the Stadium entrance signage upon signing a new sponsorship Agreement negotiated between the parties incorporating such terms along with other provisions as agreed upon by the parties at that time. (B) If, upon expiration of the additional five-year period, the City does not have an offer from another donor to sponsor the Stadium entrance signage that is agreeable to the City, then the City may remove the Donor's corporate logo from signs, and the Donor will have no further rights with respect to these signs. For purposes of clarification, the Donor shall have no right to extend its sponsorship and naming rights with respect to the signs after this additional five- year period. (c) Stadium Turf. The Donor's corporate logo will remain on the Stadium turf until such time as the turf is substantially replaced. At such time as the City decides, in its sole discretion, to replace the turf, the City will notify the Donor of any offer from another donor to sponsor the Stadium turf that is agreeable to the City, and the Donor will have ten (10) days in which to agree to match the terms of the offer. If the Donor agrees to match the terms of the offer, the Donor will be given the opportunity to sponsor the new Stadium turf upon signing a new sponsorship Agreement negotiated between the parties incorporating such terms along with other provisions as agreed upon by the parties at that time. If, at such time as the City decides to replace the turf, the City does not have an offer from another donor to sponsor the turf that is agreeable to the City, then the City may remove the Donor's corporate logo from the turf, and the Donor will have no further rights with respect to the turf For purposes of clarification, the Donor shall have no right to extend its sponsorship and naming rights with respect to the Stadium turf beyond the initial period set forth herein. (d) Notwithstanding the foregoing, the City may remove all references to the Donor and its corporate logo, without risk of liability, from any or all of the Stadium components described in (a)-(c) above if (i) the full amount of the Gift has not been paid to the City on or before Jan 1, 2025, or (ii) the City makes a good -faith determination, in its sole discretion, that retention of the name or logo could cause reputational or other harm to the City. 4. Sponsorship Non-exclusive. Nothing in this Agreement shall prevent the City from seeking sponsorships for other components of the Stadium and its surroundings. 5. Reliance and Binding Intent. The Donor- intends this Agreement to be a binding obligation and expressly acknowledges that the City is taking steps in reliance on this Agreement by, for example, incurring costs to pay for the new turf and signage. The City promises to use the Gift for the purposes described in this Agreement, and its activities in reliance on the Gift shall constitute full and adequate consideration for the purpose of making this Agreement a binding obligation and liability of the Donor. 6. Entire Agreement. This Agreement constitutes the entire agreement among the parties with respect to the subject matter hereof and supersedes any prior agreement or understanding, oral or written, relating thereto. 7. Headings. The headings in this Agreement are inserted for convenience of reference only and shall not be considered part of or affect this Agreement's interpretation. CD r 8. GoveminQ Law. The terms and conditions of this Agreement shall be governed by the internal Iaws, and not the laws of conflicts, of the State of Wisconsin. Waukesha County, State of Wisconsin, Circuit Court shall be the venue for any and all legal action that may occur regarding the terms of this Agreement. 9. No Assignment. Neither this Agreement nor any duty or right hereunder may be assigned by any party without the written consent of the other party. 10. Amendment. This Agreement may be amended only with the prior written consent of both parties hereto, and any provision of this Agreement may be waived only in writing by the party making such waiver. This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 11. Sever -ability of Provisions. If any of the terms or conditions contained herein shall be declared to be invalid or unenforceable by a Court of cornpetent 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. <Renzainder of Page Intentionally Blank,- Signature Page Follol,vs.> This Agreement may be signed in two counterparts (and may be delivered by means of facsimile or comparable electronic transmission), neither of which need contain the signature of more than one party, but each such counterpart taken together will constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. CITY OF IWSKEGO Print Name: Richard R Petfalski Its: Mayor INPRO CORPORATION,-,, By: Print Name: Steve J. Ziegler Its: Chairman N r This Agreement may be signed in two counterparts (and may be delivered by means of facsimile or comparable electronic transmission), neither of which need contain the signature of more than one party, but each such counterpart taken together will constitute one and the same agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth above. CITY OF By:��' tL Print Name: Richard R etfalski Its: Mayor INPRO CORPORATION Print Name: Steve J. Ziegler Its: Chairman M TMI Exhibit A InPro Corporation Logo (See Attached) Exhibit B Sponsorship Policy (See Attached) U) r CITY OF MUSKEGO SPONSORSHIP POLICY SPONSORSHIPS Sponsorship of the City of Muskego and its activities, events, and programs can, when conducted in an appropriate manner, be beneficial to both the City and the community. However, it is important to recognize that the City is a public entity and that its reputation and image must be protected. With these considerations in mind, it is the policy of the Common Council to approve and allow sponsorships where appropriate under this policy. Applicable Definitions "Sponsorship" is the provision by a person, company, business, corporation, or other entity of money, goods, and/or services in support of the City, or one (1) or more of its activities, events, or programs. In return, the sponsor may be provided an Acknowledgment of the Sponsorship, as defined below. "City Sponsorship" is the provision by a person, company, business, corporation, or other entity of money, goods, and/or services in support of the City or one (1) of its activities, events, or programs. City Sponsorship will be acknowledged by the City. The acknowledgment may be in the form of recognizing the sponsor through an announcement at a City event; placement of a sponsor's logo and certain information about the sponsor in a City program, publication, or news release, and/or on the City's website; or notwithstanding other Board policies, granting the sponsor the right to name a City building, facility, or areas within City owned properties. "Acknowledgment" is a term used to signify the recognition of the support provided to the City by the sponsor. A typical Acknowledgment is the placement of a sponsor's logo and certain information about the sponsor, such as the sponsor's name, address, and website, in a school -sponsored publication such as a website, a yearbook, a newsletter, or an event. Acknowledgment does not include endorsement, price information, or an indication of savings or value and/or quality of the sponsor's product or services. Sponsorship Approval The City does not have any obligation to accept sponsorship support from a person, company, business, corporation, or other entity. The City reserves the right to deny sponsorship and acknowledgment to any person, company, corporation, or other entity that does not serve the best interests of the City or whose mission or image is incompatible with the City's programs, policies, image, or mission. All sponsorship requests will be reviewed on a case -by -case basis, taking into consideration the following criteria: A. Whether the sponsorship would be in conflict with or inconsistent with the City policies, priorities, and goals; B. Whether the sponsorship would be in conflict with the City's policies, programming, public use, mission, and/or vision; C. Whether the sponsorship would adversely affect the City's reputation or image; D. The benefit and/or effect the sponsorship will provide to the City, its programs and activities, employees, and/or the community; E. The fiscal condition of the City and any financial limitations of the City. co T The City has the right to and will refuse sponsorship that: A. Promotes or contains references to illegal drugs or drug paraphernalia. B. Promotes or contains references to: 1. Illegal materials or activities; 2. Violence, hatred, sexual conduct or sexually explicit materials; 3. Lewd, vulgar, obscene, or pornographic materials; and/or 4. TV -MA programs or X- or NC-17 rated movies. C. Appears to create an endorsement of a politician or candidate for a political office, political activity, or political position. D. Appears to ridicule, exploit, or demean a person on the basis of a protected status, including but not limited to age, color, creed, disability, national origin, race, religion, sex, or sexual orientation. Requests for City Sponsorship will be reviewed, and if appropriate under this policy, accepted by the Mayor or his/her designee. Single sponsorships of more than $20,000 must be forwarded to the Common Council for approval. If the Common Council approves the sponsorship, the City shall enter into a written agreement with the sponsor, which shall require, among other things, that the goods, services, or money are given to the City prior to the City acknowledging the sponsorship. The City reserves the right to refuse any sponsorship that does not comply with this policy. The City may also set forth other reasonable requirements or conditions for acceptance of any sponsorship to protect or promote the interests of the City. No sponsorship shall be construed as or constitute an endorsement by the Common Council or the City of any product, service, activity, or program in the community. Requesting Sponsorship To request a City Sponsorship, a prospective sponsor must notify the Mayor or his/her designee of its interest in being a City sponsor. The request for sponsorship will be reviewed by the Mayor or his/her designee. Provided the sponsorship meets the above criteria, the City may accept the sponsorship. Sponsors who seek to make a City sponsorship contribution valued $1,000 or more must complete and sign a sponsorship agreement. Sponsorship agreements will be reviewed by the Mayor or his/her designee. ti CITY OF MUSKEGO COMMON COUNCIL MINUTES May 14, 2024 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:22 pm. ROLL CALL &&C4aF - It vii SKEGO V V h I_1»:Z91IF147 Present: Mayor Petfalski, Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Kubacki Absent: Alderperson Madden Also present: City Attorney Warchol, Public Works and Development Director Kroeger, Chief Westphal, Captain Fons, and City Clerk Roller STATEMENT OF PUBLIC NOTICE City Clerk Roller stated that the meeting was noticed in accordance with the open meeting law on Friday, May 10, 2024. PUBLIC COMMENT None. COMMUNICATIONS FROM THE MAYOR'S OFFICE Memo to Council Members will be sent out tomorrow concerning timeline for replacement of Finance & Administration Director, who will be retiring in January. The position will be posted in June and will be kept open for about one month. Goal is to make an offer by September. A meeting for the Committee of the Whole is scheduled for June 3, 2024 at 6 pm in Meeting Room 2 to discuss the Old Police Department Building, aldermanic term lengths, and elected officials' salaries. CONSENT AGENDA Approval of Common Council Minutes - April 23, 2024 CCM.2024.04.23 draft.docx Voucher Approval Vouchers - Total Sheet.pdf Board Report - Alpha.pdf Resolution #032-2024 - Approval of a Two -Lot Extraterritorial Certified Survey Map (Elacqua) CCR2024.032-XCSM-Elacqua.docx PC 027-2024 SUPPLEMENT.pdf PC 027-2024 RESOLUTION.pdf PC 027-2024 SUBMITTAL.pdf Resolution #033-2024 - Approval of Modification to Permanent Drainage Easement (Govani) CCR2024.033-Modification to Permanent Drainage Easement (Govani).docx Drainage Easement 7012018.pdf Resolution #034-2024 - Approval of Gift and Sponsorship Agreement between Inpro Corporation & City of Muskego for Park Arthur Baseball Field #4 CCR2024.034-Agreement-Inpro gift (Park Arthur #4).docx CCR2024.034-Final Gift and Sponsorship Agreement.pdf SPONSORSHIP POLICY.pdf 00 T Common Council Meeting Minutes — 5/14/24 Page 12 Resolution #035-2024 - Appointment of Citizen Member to Parks & Conservation Committee CCR2024.034-Appt. Parks & Cons Committee.docx Alderperson Decker requested to pull Resolution #035-2024 for separate consideration. Moved by Alderperson Kubacki; seconded by Alderperson Hammel to Approve the remaining consent items in gross. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Kubacki Voting Against. None Resolution #035-2024 - Appointment of Citizen Member to Parks & Conservation Committee Moved by Alderperson Kubacki; seconded by Alderperson Wolfe to Approve. There was a discussion concerning how an opening in a committee is posted. Motion Passed: 5 - 1 Voting For. Alderperson Wolfe, Alderperson Hammel, Alderperson Schwer, Alderperson Schroeder, Alderperson Kubacki Voting Against: Alderperson Decker NEW BUSINESS None. REVIEW OF COMMITTEE REPORTS Finance Committee Meeting Minutes - April 9, 2024 FCM.2024.04.09 Appr.pdf LICENSE APPROVAL Approval for Outside Dance Permit for Moo Inc (dba Bass Bay Brewhouse/Aud Mar Banquets), S79W15851 Aud Mar Dr. for the following dates and times in 2024: -- Sundays - May 26, June 9 & June 23 from 5 pm to 8 pm and June 2, June 16 & June 30 from 2 pm to5pm -- Tuesdays - May 28, June 11, June 18 & June 25 from 6 pm to 9 pm. Moved by Alderperson Kubacki; seconded by Alderperson Wolfe to Approve. Motion Passed: 6 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Kubacki Voting Against: None Approval for Outside Dance Permit for Erin's Coffee Bean LLC (dba Vintage Grounds), S74W16825 Janesville Rd for the following dates (in 2024) and times: Sundays - May 19, June 2, June 9, June 16 & June 23 from 9 am to 1 pm (live music on the patio -weather dependent) Moved by Alderperson Hammel; seconded by Alderperson Schroeder to Approve. Motion Passed: 6 - 0 Voting For. Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Kubacki Voting Against: None Approval for Outside Dance Permit for Tail Spin LLC (dba Tail Spin Bar & Grill), S64W18295 Martin Dr. for June 9, 2024 from 11 am to 9 pm (Fundraiser) Moved by Alderperson Hammel; seconded by Alderperson Kubacki to Approve. Motion Passed: 6 — 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Kubacki Voting Against: None rn T Common Council Meeting Minutes — 5/14/24 Page 13 Approval for Full -Service Retail Outlet for Raised Grain Brewing Company, LLC (dba Raised Grain Brewing Co.), at Muskego County Park, S83W20370 Janesville Road for the Raised Grain Pop -Up Beer Garden to be held on May 31, 2024 from 4 pm to 9 pm and June 1, 2024 from 3 to 9 pm. Moved by Alderperson Schroeder; seconded by Alderperson Hammel to Approve. Motion Passed. 6 - 0 Voting For. Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Kubacki Voting Against: None Approval for Full -Service Retail Outlet for Raised Grain Brewing Company, LLC (dba Raised Grain Brewing Co.), at Veteran's Park, W182S8175 Racine Avenue for the Raised Grain Pop -Up Beer Garden to be held on August 14, 2024 from 4:30 pm to 8:30 pm (Muskego National Night Out). Moved by Alderperson Schroeder; seconded by Alderperson Wolfe to Approve. Motion Passed. 6 - 0 Voting For. Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Kubacki Voting Against. None CITY OFFICIALS' REPORTS None. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons None. FUTURE AGENDA ITEMS None. ADJOURNMENT Moved by Alderperson Wolfe; seconded by Alderperson Schroeder to Adjourn 6:37 pm. Motion Passed: 6 - 0 Voting For. Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Schroeder, Alderperson Kubacki Voting Against: None Minutes recorded by City Clerk Roller and transcribed by Assistant Deputy Clerk -Treasurer Crisp. 0 N COMMON COUNCIL — CITY OF MUSKEGO RESOLUTION #034-2024 APPROVAL OF GIFT & SPONSORSHIP AGREEMENT BETWEEN INPRO CORPORATION AND CITY OF MUSKEGO FOR PARK ARTHUR BASEBALL FIELD #4 WHEREAS, the InPro Corporation (InPro) wishes to support the City of Muskego (City) by donating a gift in the amount of Four Hundred Thousand Dollars ($400,000.00) to be used as a reimbursement of previously incurred costs by the City of purchasing and installing a new turf and scoreboard at the Park Arthur Baseball Field #4 located in the City of Muskego; and WHEREAS, City and InPro have agreed that in recognition of InPro's gift, the stadium signage will be upgraded and InPro's corporate logo will be installed on the stadium entrance signage and the stadium turf, in a manner as determined and agreed upon by the parties; and WHEREAS, as a result of the above, City and InPro wish to enter into an Agreement regarding the use of the donation by the City with regard to the manner of the current and future naming rights, to include InPro's corporate logo, in relation to signage located on the stadium entrance and stadium turf; and WHEREAS, The Finance Committee has reviewed the attached Gift and Sponsorship Agreement and recommends approval. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego approves the Gift and Sponsorship Agreement between InPro Corporation and the City of Muskego. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign the Agreement and the City Attorney is authorized to make substantive changes to it as may be necessary in order to preserve the general intent thereof. DATED THIS 14th DAY OF MAY 2024. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #034-2024 which was adopted by the Common Council of the City of Muskego. 5/24cm c City Clerk KEEPER GOALS Muskego Park District Attn: Ryan B Phone: Fax: email: Quantity 1 ea A DIVISION OF DEMAND & PRECISION PARTS 12400 W Silver Spring Dr, Butler, WI 53007 PHONE: 262-781-7800 OR 800-594-5126 Fax: 262-781-9230 email: info@keepergoals.com Description Sales tax is not included - Add if Sales Tax If need for all that you order Need in 2025 March Confirm in November Perfect mound Adult Adult Game Mound - Brown with black Thatch Freight BROWN WITH BLACK THATCH (or others) THE PERFECT MOUND -ADULT - 6-PIECE CONSTRUCTION TO ACHIEVE 18' OVERALL DIAMETER - 10-INCH OVERALL HEIGHT -AVAILABLE IN COLORS: AVAILABLE COLORS: RED CLAY, BROWN WITH BLACK THATCH, AND BROWN WITH RED THATCH Total on pitching mound if paid for in 20 days for shipment Regular $20500) Install is not included on any of these. order confirmation 7/31 /2024 By: John Moynihan Unit Price Total Price $ 17,000.00 $ 17,000.00 $ 1,950.00 $ 18,950.00 IV Quote <ENTURY FENCE Century Fence Company COMPANY 1300 Hickory St SINCE 1917 THE MARK OF PERMANENCE Pewaukee, WI 53072 Quote To: Project Location: Quote #: 24485 City of Muskego Park Arthur Quote Date: 7/22/2024 W182 S8200 Racine Ave S63 W17833 College Ave Muskego, WI 53150 Muskego, WI 53150 Description Removal Remove the backstop, sidelines, and outfield fence: Salvage rails, fittings, and chain link fabric(some). Dispose of posts and footings. Backfill post holes. Materials to remain on site. Removal & Disposal: $12,530.00 Reinstall Backstop 1 - 50' x 50' x 50' x 24' high, black vinyl -coated, backstop. Backstop shall have 5 horizontal 1 5/8" rails. All posts 4" OD, SS40, black vinyl coated steel pipe, spaced 10' on center, set in concrete foundations. Backstop built using new and salvaged components. 50' of new 9 gauge(core), 2" mesh, chain link fabric included. Side Lines 594' of 8' high, black vinyl coated, chain link fence, with 1 5/8" top, middle, and bottom rails. Chain link fabric, black vinyl coated, 9 gauge wire, 2" mesh. Line posts 2 1/2" OD, SS40, black vinyl coated, steel pipe, spaced 10' on center, driven 4'. Sidelines built using new and salvaged components. 500' of new chain link fabric included. • 3" OD, SS40, galvanized steel pipe, terminal posts, driven 4'. • 2 - 8' high x 10' wide double swing gates. Gate frames constructed from 2" steel pipe, welded at all corners. Outfield Fence 608' of 6' high, black vinyl coated, chain link fence with 1 5/8" top rail and bottom tension wire. Chain link fabric, black vinyl coated, 9 gauge wire, 2" mesh. Line posts 2 1/2" OD, SS40, black vinyl coated, steel pipe, spaced 8' on center, set in concrete foundations. Outfield built using new and salvaged components. Reinstall top -cap. Material & Labor: $74,190.00 excludes: private underground utility locate, underground obstructions, rock conditions, concrete core drilling, foul poles, new top -cap Quote Valid For 15 days Buyer's Signature: Date: Submitted by: (%* �"_ U&A This quote when accepted in writing by purchaser and by Century Fence Corrpany includes the terns and conditions Tom FOerster Change set forth on www.centuryfence.com which are incorporated by reference and becomes a contract between two parties. If the project is cancelled upon agreement and special materials were purchased, the custorrer agrees to pay Office: 262-956-6429 Acceptance: 1W16 of the rraterial cost Cell:262-993-5516 Terms of Payment: klat Cash upon receipt of invoice. Email:TFoerster@centuryfence.com 1 of 1 22 PARK ARTHUR BIG FIELD RYAN PLANS: SPECS: ADDENDA: JOWWRIMMM NON UNION/OPEN (262)521-0029 PO Box 596 Sussex, WI 53089 926 Silvernail Rd Pewaukee, WI 53072 • • • • 22- 105R3 Tuesday, July 30, 2024 Trevor Schroeder (262)388-3758 J. Biehl jae@patriotfencing.com PATRIOT FENCE AND CONSTRUCTION LLC. REMOVE/SALVAGE AND REINSTALL TO MATCH EXISTING ELIMINATE 4'H FENCE AND INSTALL ALL 8' SIDELINE FENCING (BLACK) ALL BACKSTOP AND OUTFIELD POSTS SET IN CONCRETE $79,985.00 DUGOUT AND SIDELINE FENCE POSTS TO BE DRIVEN REPLACE 120 LF OF EXISTING 8'H FENCE FABRIC WITH NEW OPTION: OWNER TO REMOVE AND SALVAGE ALL FENCE DEDUCT $(9,000.00) PRIVATE UTILITY LOCATE FEE / PROTECT PRIVATE UTILITIES (PER VISIT) 1 EA $ 1,000.00 • ALL NEW POSTS ARE FIGURED IF ANY POSTS CAN BE RE -USED, WE WILL WORK OUT A CREDIT. ALL TOP CAP REMOVED AND REINSTALLED BY OWNER ,NOT . . UNLESS INDICATED SPECIFICALLY ABOVE: PREVAILING WAGES BONDING (ANY AMOUNT UNLESS SPECIFICALLY INDICATED ABOVE) PERMITS CLEARING/GRUBBING (INCIDENTAL TO BID ITEMS IS ALSO EXCLUDED) NOT SONOTUBES INCLUDED SPOIL REMOVAL FROM SITE ELECTRICAL GROUNDING CORE DRILLING / CONCRETE SAWCUTTING PRICING GOOD FOR 30 DAYS. Signature Date Billing Information Elizabeth Hayes-Kotecki Date 23 MUNSON, INC. Established 1955 Ryan Beilfuss DPW Superintendent W189 S8235 Mercury Dr. Muskego, WI 53150 (262)679-4148 MUNSON FENCE DIV. MUNSON-ARMSTRONG PAVING DIV. MUNSON TENNIS COURT DIV. 6747 N. Sidney Place Glendale, WI 53209 Phone: (414) 351-0800 FAX: (414) 351-0879 www.munsoninc.com 7/29/24 Park Arthur Baseball Field S63 W17833 College Ave i uske o, WI 53150 iii rbeilfusskmuskego.wi. gov As requested, we are pleased to quote the following: 1. Munson will remove the existing chain link fence and leave on site. Posts are to be pulled with concrete footings. Material to be left on site per request. 2. Furnish and install 280' of 8' high black chain link fence, including two single swing gates. 3. Furnish and install 605' of 6' high black chain link fence. 4. Furnish and install 320' of 4' high black chain link fence, including two double swing gates. 5. Furnish and install 133' of 24' high black chain link fence with rails every 8'. 6. All backstop posts are to be set in 16" x 60" deep concrete footings. 7. All goal line posts are to be set in 12" x 36" deep concrete. 8. All outfield posts to be driven 36". 9. Job debris to be removed upon completion. SPECIFICATIONS OF THE NEW FENCE TO BE AS FOLLOWS: A. FABRIC: 2" mesh #8 gauge vinyl coated finish over 9 gauge galvanized core wire. Color to be Black. B. TOP RAILS: 1-5/8" O.D. SS40 pipe, black. To be installed on 8', 6', and 4' high fence. C. MID RAILS: 1-5/8" O.D. SS40 pipe, black. To be installed on 8' high fence. D. BOTTOM RAILS: 1-5/8" O.D. SS40 pipe, black. To be installed on 8' and 4' high fence. E. BOTTOM TENSION WIRE: 9 gauge aluminum with heavy mil coating. To be installed on 6'h fence. F. LINE POSTS: 2.5" O.D. SS40 gauge pipe. Posts will be spaced a maximum of lo% on center, black. G. CORNER/GATE POSTS: 3" O.D. SS40 gauge pipe, black. H. SWING GATES: (2) Double swing gates to be 4' high x 10' wide and (2) single swing gates to be 8' high x 4' wide, with provisioning for latch. I. BACKSTOP POSTS: 4" OD SS40 gauge pipe, black. $106,930.00. AUTHORIZED l SIGNATURE: J / -, Derek J. erbur - Sales/Project Manager ACCEPTANCE OF PROPOSAL: The above prices, specifications and attached Terms and Conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Date of Acceptance: NOTE: This proposal may be withdrawn by us if not accepted within 30 days. SIGNATURE: SIGNATURE: -SEE LAST PAGE FOR TERMS AND CONDITIONS- 24 MUNSON, INC. Established 1955 Ryan Beilfuss DPW Superintendent W189 S8235 Mercury Dr. Muskego, WI 53150 (262)679-4148 Notes: MUNSON FENCE DIV. MUNSON-ARMSTRONG PAVING DIV. MUNSON TENNIS COURT DIV. 6747 N. Sidney Place Glendale, WI 53209 Phone: (414) 351-0800 FAX: (414) 351-0879 www.munsoninc.com 7/29/24 Park Arthur Baseball Field S63 W17833 College Ave i uske o, WI 53150 iii rbeilfusskmuskego.wi. gov 1. Posts requiring concrete footings will use existing holes, free from debris. 2. Munson, Inc. will request underground utility locating services for Public Utilities only through Digger's Hotline. It is the owner's responsibility to obtain Private Utility marking services before installation and/or any work. Munson, Inc. will not accept liability or responsibility for any damage due to any failure to comply with the obligation to obtain this service. a. Hydro -excavation may be required, at an additional cost, if utilities are found to be within 2' of post -hole locations. 3. Permit requirements vary by municipality. The owner is responsible for identifying local requirements and obtaining any required permits/variances before the start of work. 4. The customer is responsible for locating fence and/or property lines as required. S. This pricing is based upon the ground being soil/clay, free from rocks and tree roots. If pieces of concrete, footings, large rocks/boulders, debris, or unstable soils are encountered in the work, an additional fee will be charged for the removal or footing design changes. 6. All Munson Inc. installation crews are highly skilled and certified Union craftsmen, reflecting both expertise and dedication to their trade. 7. We adhere to the pricing provided to the best of our ability. However, this is not always possible due to occasional sudden material cost increases. While these events are rare, should this occur before installation, we will notify the owner of any price modifications before proceeding with the work. 8. The current lead time is 2-3 weeks after receipt of signed contract. AUTHORIZED l SIGNATURE:) Derek J. erbur - Sales/Project Manager ACCEPTANCE OF PROPOSAL: The above prices, specifications and attached Terms and Conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. Date of Acceptance: NOTE: This proposal may be withdrawn by us if not accepted within 30 days. SIGNATURE: SIGNATURE: -SEE LAST PAGE FOR TERMS AND CONDITIONS- 25 A. MUNSON, INC. TERMS & CONDITIONS 1. Upon acceptance of this contract, if a cancellation notice is not received in writing within three days of acceptance, Munson, Inc assumes that the owner or owner's agent accepts the work herein described and the terms and conditions of sale herein contained. Any withdrawal of this contract could result in partial billing to reimburse Munson, Inc. for planning, preparation, and materials already ordered or installed on the job site. 2. This contractor is not responsible for damage to or injuries caused by any privately (not installed by a Public Utility) placed underground wires, pipes, sewers, conduits, obstructions or restrictions. The owner or his agent agrees to indemnify and hold harmless Munson Fence Div./Munson-Armstrong Paving Div., Munson Inc. from any and all claims, liabilities, costs and expenses whatsoever arising from above. 3. Property owner is responsible for any necessary permits or variances, unless specifically noted in the contract 4. The contract does not contemplate the encountering of underlying rock, concrete, wood or other unsuitable materials or unusual conditions during excavation. Should these conditions be encountered the owner shall be charged for the extra work incurred. 5. The contract does not contemplate "frost -digging" conditions, unless specifically stated in this contract. Should owner require installation during such conditions, an additional charge will be made based on the actual time and equipment required to complete the installation. 6. Any alteration or deviation from stated specifications involving extra costs will become an extra charge over and above original contract. Any such alteration or deviation from stated specifications will be performed only upon submission of a written change order, and Owner/Contractor will be required to pay to Munson, Inc. an extra charge over and above the original contract price for performance of the requested change order. 7. If, after notification, Munson, Inc. is unable to complete its work due to unmoved vehicles or obstructions, Munson, Inc. may bill for additional trip charges or vehicle towing charges. 8. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. 9. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. 10. All labor and material is conclusively accepted as satisfactory unless this contractor is notified in writing within 72 hours after the work is performed. 11. Any claim for property damage is conclusively waived unless this contractor is notified in writing within 72 hours of the occurrence. 12. Munson, Inc. is not responsible for concrete or asphalt damage due to normal construction equipment traffic. 13. Site restoration from excavation, such as backfilling edges or post footings, is not included unless specifically noted in the contract. 14. Prior to the commencement of the work of Munson, Inc., the work of others shall be completed to such an extent that it will not in any way conflict or interfere with the work of Munson, Inc. If Munson, Inc. is directed to commence its work prior to the time such other work is completed, Owner/Contractor agrees to pay the costs of any extra mobilizations or reduced productivity attributable to Munson, Inc. commencing any of its work before any others have completed their work. 15. All agreements are contingent upon strikes, accidents or delays beyond our control. 16. Unless stated in the contract, terms of payment are net 15 days. Any past due balances shall be subject to the current legal interest charge per month. 17. Owner shall reimburse Munson Inc. for any expense incurred by Munson Inc. in protecting or enforcing its rights under this agreement including, without limitation, reasonable attorneys fees and legal expenses (and, if appropriate, all expenses of taking possession, holding, preparing for disposition and disposing of any collateral). This includes any expenses incurred before and after the commencement of any litigation to protect or enforce its rights under this agreement, including all appeals. 18. This contract will be construed and enforced in accordance with the laws of the State of Wisconsin. B. ADDITIONAL TERMS AND CONDITIONS FOR MUNSON FENCE DIV. 1. All property lines and grades are to be established by the owner. Fence is to follow ground lines unless otherwise provided for in this contract. 2. Obstructions of every nature, which in any manner interfere with the erection of fence shall be removed by the owner prior to commencement of work, unless otherwise provided for in this contract. 3. On all jobs where Munson Fence Div. installs or supplies "Razor Ribbon", owner or agents of the property will hold Munson Fence Div./Munson, Inc. harmless in any way from claims, liabilities or injuries. 4. Gate Operator Systems: End user to understand the operations and safety systems of the unit C. ADDITIONAL TERMS AND CONDITIONS FOR MUNSON-ARMSTRONG PAVING DIV. 1. MUNSON-ARMSTRONG PAVING DIV. DOES NOT WARRANT AGAINST CRACKS SINCE THEY WILL APPEAR IN ALL PAVEMENTS. 2. A 1-1/2% slope or greater is necessary for surface drainage of asphalt paving; 1 % for concrete paving. If the owner directs construction of the subgrade, base or paved surface that results in a lesser slope, this contractor does not warrant satisfactory surface drainage. 3. Salt or melting compounds should not be applied to concrete paving for 12 months after installation. Any pitting or peeling resulting from such application will not be warranted by this contractor. 4. Due to the fact that ready mixed concrete is composed of all natural materials, Munson Inc cannot warrant against premature discoloration. 5. Material will not be placed on a wet, unstable, or frozen subgrade. A suitable subgrade shall be furnished the contractor as a condition precedent to the performance of this contract. 6. The catch basin price is based upon the existing sewer lateral at the property line being in serviceable condition. Should it be necessary to connect to the street sewer line, owner shall be charged for the extra work incurred. LIEN NOTICE "AS REQUIRED BY THE WISCONSIN CONSTRUCTION LIEN LAW, BUILDER (CONTRACTOR) HEREBY NOTIFIES OWNER THAT PERSONS OR COMPANIES FURNISHING LABOR OR MATERIALS FOR THE CONSTRUCTION ON OWNER'S LAND MAY HAVE LIEN RIGHTS ON THE OWNER'S LAND AND BUILDINGS IF NOT PAID. THOSE ENTITLED TO LIEN RIGHTS, IN ADDITION TO THE UNDERSIGNED BUILDER ARE THOSE WHO CONTRACT DIRECTLY WITH THE OWNER OR THOSE WHO GIVE THE OWNER NOTICE WITHIN 60 DAYS AFTER THEY FIRST FURNISH LABOR OR MATERIALS FOR THE CONSTRUCTION. ACCORDINGLY, OWNER PROBABLY WILL RECEIVE NOTICES FROM THOSE WHO FURNISH LABOR AND MATERIALS FOR THE CONSTRUCTION, AND SHOULD GIVE A COPY OF EACH NOTICE RECEIVED TO HIS MORTGAGE LENDER, IF ANY. BUILDER AGREES TO COOPERATE WITH THE OWNER AND HIS LENDER, IF ANY, TO SEE THAT ALL POTENTIAL LIEN CLAIMANTS ARE DULY PAID." ti N CITY OF MUSKEGO — RECREATION DEPARTMENT PARK ARTHUR TOURNAMENT APPLICATION 2024 Tournament Dates: (ONE FORM PER TOURNY Tournament Director/Sponsor: Address: (Street) Cell Phone: Percentage Muskego teams in tournament: BASEBALL/SOFTBALL FIELD(S) LOCATION: Email: (City/State/Zip Code) Hardball field with raised mound/grass infield Turfed infield/grass outfield Base pegs at 90' (With lights) Base pegs at 60', 65', 70' (With lights) Park Arthur #4 (Lights) Park Arthur #1 Park Arthur #2 Park Arthur #3 Field set-ups: (please provide a full game schedule no later than 12PM the day prior to the tournament) Basepath: Pitching Rubber: Pitching Circle: City will provide game day staff who will set-up the fields to these diminsions and provide bases/pitching rubber. Staff will remain on site to make field changes as requested by the Tournament Director. No teams will be allowed to change field set-up, only City Staff. ALL game cancellations for weather (rain, lightening, thunder) will be made by the Head Umpire and the Tournament Director. The City will only call games when damage to the outfield due to heavy rains is imminent. Field Use Fees: A non-refundable deposit of 20% will be required to hold your tournament date. Payment in full for your tournament will be due 30 days before the event. All inclusive fees include: 3 turfed fields, 2 shelters, concession stand, beer permit fees, and dumpster 2 days (Sat./Sun.) $4,000 3 days (Fri./Sat./Sun.) $6,000 4 days (Thur./Fri./Sat./Sun.) $8,000 There is a reduced field fee for Muskego based programs, where 75% of the teams roster are Muskego residents, and who are also contributing to field improvements each season. That fee schedule is: 2 days (Sat./Sun.) $2,250 3 days (Fri./Sat./Sun.) $3,300 4 days (Thur./Fri./Sat./Sun.) $4,250 I agree to abide by the rules, regulations, and policies as set forth by the Department and the Parks and Conservation Committee. In consideration of the foregoing, 1, for myself, my heirs, assigns, beneficiaries and personal representatives, waiver and release any and all rights and claims for damages I or my child may have against the City of Muskego and all agents and persons acting for and on behalf of all entities as a result of my participation in any activity sponsored by these groups. Sponsoring Agent Approved Disapproved Current Insurance Forms on file: ❑Yes ❑No Application Received: Field Usage Fees: $ Date Authorized Signatory, Recreation Department 20 % Non-refundable Deposit Received: Security Deposit: $ Supervision Fees: $ AMOUNT COLLECTED: $ Date: CK Cash By 00 N PARK ARTHUR TOURNAMENT POLICY Rules & Regulations A. All tournament requests must be approved by DPW & Recreation Department staff with consent from the Parks & Conservation Committee when necessary. Application must be received 60 days before tournament. Resident status for tournament request will be used if 75% of the teams participating are from Muskego. This will be determined by final payment. B. A local team must be eligible to participate in the tournament held on City fields. C. The sponsor is responsible for the general clean-up and also parking and crowd control on the grounds as determined by DPW staff. D. Daily tournament operation must conclude by 10:00 p.m. unless an extension is granted by the Parks and Conservation Committee. Last game cannot start past 8:3013M. Lights will be turned off by field staff at 10:15PM. E. Tournaments may only be scheduled from April 13 through October 29. Insurance Requirements, MANDATORY Organization shall, at its expense, obtain and carry comprehensive general liability insurance with combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Two Million Dollars ($2,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00) for damage to rented premises (or such higher amounts as the City shall from time to time deem reasonable). Such policy shall cover the Organization and the City and its agents, employees, and officials. A Certificate of Insurance shall be furnished to the City upon execution of this Agreement, along with Endorsements to the policy for the following: 1. Thirty (30) day notice of cancellation. 2. Waiver of subrogation. 3. Naming the City as an additional insured. 4. Stating that the Organization's insurance is primary. Each such policy shall provide that no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City's right to recover thereon. Fees and Charges A. Field Usage Fee: 1. All inclusive field usage fees include: a. 3 lighted turf ballfields with base pegs at 60', 65', 70' and pitching rubbers at: 40',43',46',50' b. 1 lighted natural grass hardball field with raised mound and 90' base pegs c. Large open air shelter w/seating & Concession area (serving windows, sinks, fridge and storage) d. Small open air shelter y fields for first aid station and officials center e. Dumpster for concession trash 2. Field usage fees are non-negiotable and include all listed above (fee reduced for Muskego based programs): a. 2 days (Sat./Sun.) $4,000.00 b. 3 days (Fri./Sat./Sun.) $6,000.00 c. 4 days (Thur./Fri./Sat./Sun.) $8,000.00 3. Security Deposit (separate payment to be held until after tournament): a. $500/tournament, in addition to any other usage fees applied for the tournament event. b. To be refunded partially or totally upon inspection of the grounds after the tournament. 4. Game Day Field Maintenance will be provided by City's Turf Manager. City will set-up each field at the desired base path/pitch ing as provided by tournament director. Turf Manager will do all field re -sets and will be on site to help with issues that may arise. Park Arthur field #4 will be handled separetly in regardes to prep. When using the concession area of Park Arthur shelter, you must have a concession manager who will ensure the electrical map for the concession area is being followed. Only approved AMP items may be plugged into each designated outlet. If fuses are blown due to not following this electrical map, there will be an electrical re -set fee of $25 each time the fuse is reset during your event. This concessions manager must be on site during the tournament. 6.Cancellations & Refund Policy: a. No refunds will be issued at anytime after final payment. In the event a team needs to cancel, Muskego Recreation will hold a credit to a future event if notice of cancellation is given at least 2 weeks prior to the event. b. In the event a tournament is cancelled for any reason or shortened due to weather, Muskego Recreation will issue credit as follows (3 or 4 game guarantee tourney)... i. If 0 games are played, you will receive 100% credit towards a future Tournament ii. If 1 game is played, you will receive 50% credit towards a future Tournament iii. If a 2nd game is started, you will receive 25% credit towards a future Tournament iv. If 2 or more games are completed, there will be no credit issued. Please note, reserving organizations are not allowed to charge parking or entrance fees for their events hosted at Park Arthur. Public park must remain open and available for City reisdents to access the parks walking trails and other amenities. Groups found to be violating this policy, can be subject to immediate termination of their tournament and barred from future tournament requests. Adopted by the Parks and Recreation Board 1121185. Revised and adopted by the Parks and Recreation Board 9113183. Revised by Tammy Dunn, Recreation Manager 1213115, 12110119, 1217121, 11122122 Policy Revision Approved and Adopted by Finance & Common Council 119124 O M a-!P `� v F� tl cols r M Financial ActivityGL SReport Summary p �'�MTJS=UKL�EG� ,�2ec rG,2 -"rf, Payments From 01/01/2022 To 12/31/2022 Sales GL: 202.08.94.74.4540 SALES REVENUE ACCOUNTS Account Paid Adj Disc_ Total Park Arthur Use Fees 202.08.94.74.4540 23,100.00 0.00 0.00 23,100.00 23,100.00 0.00 0.00 23,100.00 PAYMENT ACCOUNTS Account Paid Adj Disc Total Cash/Checks Cash 13,415.00 0.00 0.00 13,415.00 Credit Card Credit Card 9,685.00 0.00 0.00 9,685.00 23,100.00 0.00 0.00 23,100.00 MANAGER 08/01/24 02:48:31 PM City of Muskego Page: 1 Oa 3 M Financial Activity GL Summary Report lr►z;sz�E�-a Payments From 01/01/2023 To 12/31/2023 Sales GL: 202.08.94.74.4540 SALES REVENUE ACCOUNTS Account Paid Adj Disc Total Credit from Account Credit from Account -2,158.00 0.00 0.00-2,158.00 Credit to Customer Credit to Customer 2,158.00 0.00 0.00 2,158.00 Park Arthur Use Fees 202.08.94.74.4540 70.290,00 0.00 0.00 70,290.00 70,290.00 0.00 0.00 70,290.00 PAYMENT ACCOUNTS Account Paid Adj Disc Total Adjustments ADJUSTMENTS 0.00 0.00 0.00 0.00 Cash/Checks Cash 50,495.00 0.00 0.00 50,495.00 Credit Card Credit Card 19,795.00 0.00 0.00 19,795.00 70,290.00 0.00 0.00 70,290.00 MANAGER 08/01/24 02:49:07 PM City of Muskego Page: 1 ny l.Ja' M M Financial Activity GL SummaryReport M TsT,EGC7 Payments From 01/01/2024 To 08/01/2024 Sales GL: 202.08.94.74.4540 SALES REVENUE ACCOUNTS Account Paid Adj Disc Total Credit from Account Credit from Account -2,400.00 0.00 0.00-2,400.00 Credit to Customer Credit to Customer 2,400.00 0.00 0.00 2,400.00 Park Arthur Use Fees 202.08.94.74.4540 58,125.00 0.00 0.00 58,125.00 58,125.00 0.00 0.00 58,125.00 PAYMENT ACCOUNTS Account Paid Adj Disc Total Cash/Checks Cash 38,725.00 0.00 0.00 38,725.00 Credit Card Credit Card 19,400.00 0.00 0.00 19,400.00 58,125.00 0.00 0.00� 58,125.00 le�%�"l'�✓t�/cam s = 4 6V 6 so MANAGER 08/01/24 02:49:46 PM City of Muskego Page: 1 M Z Z O U C9 Y LL O U Z J W O a °w W Q 00000000000 O fN fA 0 0 0 0 0 M Fn fA 0 0 0 w 0 f9 0 O 0 0 0 00 0 f9 0 f9 000000 .9 fA w fH w 000 w u) 0 O 00000 Cm o oougoo 0 0 00 o m» ni9w696 It 0V o 0) O0 LO N O (A fA O N nj o o 0 0 wwo o o 00006" O fAOO o 0 O o.%00 O O o 0 o 0 O 0 to O o fH fH O O 0 0 0 0 o o0o 0 0 o 0 o o f9 o 4i O O O f9 O O o 0 f A O 0 0 o o 0 L 0 0 0 O O O o O O O O O O O f9 fA fA 7 !A fA m N fH w f0 f0 fR t9 N f9 O O O O N O fn N O O 10 f0 O fn m N !9 fA 9 f9 f9 fH v, 6% W M W J O O O O W V)00000f9 O O O O f9 f9 o O f9 fAW O O fH O O O O o O O O O O O di bi O fA O f9 o o o O O OOo O O O fA O fA O f9Cf9 O O O O n�o oof000 0 0 0o0 o f° NQ O W t+f f9 rm 1A V9 V. 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O 0meL0� m a o LL N H m U N W W a J O Q K z n o U— m ° c o W w N O m N y Y C E a ~ m `m 'o m ~ 2 0 ID Y m a in LL m m O a Ol T m f0 O Y Y a rn (i ❑° a m° fi a M1M1 `6 O Q �\ y m ryQ 0 1 V M a� J AGREEMENT FOR SYNTHETIC TURF FIELD This Agreement ("Agreement") is by and between CITY OF MUSKEGO, DEPARTMENT OF PUBLIC WORKS ("Owner"), and, MIDWEST SPORT AND TURF SYSTEMS, LLC, AKA MWSTS, ("Contractor"), having an address at 10138 S. Bode St., Unit E, Plainfield, IL 60585, and shall be effective upon the final date of execution of this Agreement by the parties hereto ("the Effective Date"). WHEREAS, Owner is contracting with MWSTS for all site work at Park Arthur ("The Job Site"), including building a stone base upon which synthetic infields will be installed in designated locations with natural grass in the outfield; WHEREAS, Owner is desirous of having a synthetic turf field ("the Synthetic Field") to be installed at The Job Site; and WHEREAS, Contractor desires to provide and install the Synthetic Field. In view of the above, and in consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows: 1. SCOPE OF WORK: Contractor shall provide and perform the following at Park Arthur: FIELD CONSTRUCTION, TURF INSTALLATION: The site work will include: Base Scope: one Turf Infield/Wings + Grass OF: $832,320 Install 2", 42 ounces per sq/yd. Chocolate Brown and Standard green colored synthetic turf made with of our durable MST ProSlit Slit -Film fibers. o Line package: • Baseball home plate boxes for batters & catchers ■ Foul lines from home plate to the foul pole in LF and RF o Provide and spread rounded silica sand and SBR rubber infill material so that approximately 1/2" of the fibers' free ends are exposed above the infill material after installation is complete. o The turf is the same product as PA #1-3, Milwaukee Angels/Halos, Grafton, Homestead o Warranty is 8 years (non -prorated), minus the pitchers area and home plate boxes. Expect those areas to last approximately 2 years before replacing. o This turf has a life expectancy of over 150,000 cycles of use while most in the turf industry can barely reach 100,000 hours (LISPORT testing). o MWSTS will be on your field within 24 HOURS if any issues arise. 35 o H&H Detail of site prep work ■ One Mobilization ■ Layout of our work -Control points and staking by others • Tracking pad ■ Excavation 8" of soil for infield turf area ■ 6" of base stone laser graded to turf industry standard ■ 6"x 12" concrete curb with nailer around turf area ■ 4oz filter fabric placed within turf limits ■ 1x12" flat panel drains within turf limits • 12" collector line ■ One set of bases and home plate (perfect mound purchased by others) ■ Grading of outfield and infield to achieve grades from Graef May 2020 (any excess or need of topsoil to be brought/exported by city) • Restoration of field area that has been disturbed ■ Install salvaged foul poles • Remove and reinstall warning track material top with 3" of wws select red lava warning track material ■ Supply 150-ton warning track material ■ Add 4" drain tile under warning track and connect to proposed collector line ■ 4" underdrain installed in outfield on herringbone pattern o Exclusions • Permitting (all permitting to be done by others) ■ Project layout and site staking • Irrigation system (by others) ■ Moving, lowering, or relocating of onsite utilities that are in conflict of our work (by others) ■ Concrete testing • All fence and backstops will be placed on outside of curb ■ Temporary site fencing • Comm boxes ■ Drying or excavation of poor soils • Rock excavation ■ Layout of fence or other installations that is not part of our scope is not included ■ Electrical and lighting of any kind • Private locate ■ Replacement of any damage to parking lot or roads due to construction traffic ■ Water retention • Bonding ■ Control structures or manholes • Bull pens 36 Maintenance of seeded/ sodded areas during growing will be completed by others Relocation of manholes conflicting with our work 2. WARRANTIES/GUARANTEES Contractor shall provide manufacturer's 8-year warranty upon substantial completion of the Synthetic Field; and The warranty will cover materials and workmanship associated with the installation of the new Synthetic Field. 3. CONSTRUCTION TIMING - The project will begin in September 2024 at a mutually agreed to date - End date is projected to be prior to December 12024 4. PRICE AND TERMS A. TOTAL CONTRACT PRICE: $832,320.00 (EIGHT HUNDRED THIRTY TWO THOUSAND THREE HUNDRED TWENTY DOLLARS). B. PAYMENT TERMS: Payment shall be as follows: - $832,320,000.00 (Full Contract amount) shall be deferred for payment until January 3rd 2025 5. GENERAL CONDITIONS/EXCLUSIONS: The following general conditions and exclusions are as follows: - The Total Contract Price is based on the Synthetic Field having the overall dimensions and field markings as identified in the Scope of Work and approved in the shop drawings while using standard colors; - The Total Contract Price is based on normal working hours/days and unhindered access to the job site; - The Total Contract Price is based on tax-exempt prices for all materials (Please provide Tax Exempt Certificate for our files); - The Total Contract Price does not include any pavement or asphalt repairs due to construction traffic; - The Total Contract Price does not include bonding, permits, testing of soils or survey work. - Price does not include any soil stabilization or modification or relocation of existing utilities in conflict with our work. - Contractor shall not be responsible for any delays caused by Owner or weather issues. 37 6. CHANGE ORDERS: No extras or additional sums will be paid to Contractor in excess of the Contract Price unless agreed upon by both Owner and Contractor in a written change order ("Change Order"). 7. QUALITY: Contractor warrants to Owner that all materials furnished under this Agreement will be new unless otherwise specified by Owner and that all Work will be of good quality, free from faults and defects and in conformance with this Agreement. All Work not conforming to these requirements may be considered defective by Owner and promptly shall be repaired or replaced by Contractor at Contractor's expense. 8. PERFORMANCE: Contractor shall perform the Work in a good, workmanlike, and professional manner in accordance with all laws, rules, regulations and in strict conformance with the Agreement Documents. Contractor shall keep the premises upon which the Work is to be performed (the "Project Site") and surrounding area free from accumulation of waste materials or rubbish caused by the operations performed under this Agreement. At the completion of the Work, Contractor will remove all rubbish, tools and the like from the Project Site and surrounding premises and shall leave the Project Site and surrounding premises in final clean condition. Any materials remaining on the Project Site and surrounding premises following completion of the Work and demobilization shall be deemed abandoned by Contractor and shall become the property of Owner, provided however, that if Owner requires removal of such materials and if Contractor fails to remove such materials promptly after notice from Owner, Owner may cause the removal thereof and charge the cost to Contractor. 9. INSURANCE: Contractor shall purchase and maintain in force during the entire term of this Agreement at least the following insurance: a. Commercial general liability insurance with a combined single limit for personal injury, death or property damage of at least Two Million Dollars ($2,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate; b. worker's compensation insurance as required by law; and c. Automobile liability insurance with a combined single limit of at least One Million Dollars ($1,000,000) per accident. On or before the date Contractor commences its portion of the Work, Contractor shall provide Owner a certificate, naming Owner as an additional insured, evidencing that the above insurance is in full force and effect. All policies required in this Section 8 shall waive subrogation against Owner. Such insurance shall also be maintained by any subcontractors performing any portion of the Work. Contractor shall not be allowed to commence Work at the Project Site without first providing Owner with adequate proof that such insurance is in effect. 38 10. TERMINATION: Either party may terminate this Agreement in the event of a material default by the other party following written notice and a ten (10) day period to cure, with damages as provided by law if such cure is not affected within such time. A failure to make payments for a period in excess of ten (10) days after the due date of payment shall be deemed a material default by Owner. 11. MODIFICATIONS: No change or modification of this Agreement shall be valid unless the same is in a written Change Order signed by both Owner and Contractor. No waiver of any of the provisions of this Agreement shall be valid unless in writing and signed by the party against whom such waiver is sought to be enforced. This Agreement contains the entire agreement between the parties relating to the Work and all prior negotiations between the parties are merged into this Agreement; and there are no promises, agreements, conditions, undertakings, warranties or representations, oral or written, express or implied, between the parties other than as herein set forth. 12. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold the Owner and its officers, directors, and employees (collectively, the "Indemnitees") harmless from all losses, claims, liabilities, injuries, damages and expenses, including reasonable attorneys' fees, that the Indemnitees may incur by reason of any injury or damage sustained to any person or property (including, but not limited to, any one or more of the Indemnitees) arising out of, or occurring in connection with, the negligence or willful misconduct of Contractor or contractor's subcontractors in the performance of (or failure to perform) its duties and obligations under or pursuant to this Agreement. 13. TAXES: Contractor shall not be responsible for any sales or use tax charges. In the event required, Owner shall compensate Contractor for any sales or use tax charges it incurs in association with any material, equipment or rental costs associated with any portion of the Work. Notwithstanding the foregoing, Owner represents and warrants that, as of the date of this Agreement, Owner is an entity exempt from sales and use tax in Wisconsin. Owner's tax exempt status permits Contractor to directly purchase all materials, equipment and supplies for the Work of construction under this Agreement without incurring Wisconsin sales or use tax. 14. TAX EXEMPTION REVOCATION: In the event that Owner's sales tax exempt status is revoked or otherwise ceases to apply to the acquisition of materials, equipment and supplies for the Work prior to the completion of the Work, then, to the extent such revocation or cessation renders the acquisition of such materials, equipment and supplies subject to sales and use tax, then the Contract Price shall be adjusted by Change Order to include Wisconsin sales or use tax incurred or arising after the date on which Owner's sales tax exempt status is revoked or otherwise ceases to apply. 15. ASSIGNMENT: Contractor may not assign its rights or obligations under this Agreement without the advance written consent of Owner, which shall be subject to Owner's sole discretion. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors and permitted assigns, if any. 39 16. EXECUTION: This Agreement may be executed in any number of counterparts and by facsimile copy or "PDF" copy delivered by electronic mail, each of which shall be deemed to be an original instrument and all of which taken together shall constitute a single instrument. 17. CONTRACT PROVISIONS: To the extent any provisions contained in this Agreement conflict with the terms and provisions of any other agreements between Contractor and Owner, oral or otherwise, the provisions contained in this Agreement shall supersede such conflicting provisions contained in the other agreements. 18. ARBITRATION OF DISPUTES: Either the Owner or the Contractor may submit any dispute related to this Contract to arbitration in accordance with the American Arbitration Association's Construction Industry Arbitration Rules. The decision will be binding upon both the Owner and the Contractor. 19. AGREEMENT DOCUMENTS: The "Agreement Documents" are as follows: d. This Agreement signed by Owner and Contractor; e. Approved Shop Drawings (pending); f. Any written amendments to this Agreement or Change Orders executed after the date of this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day of August, 2024. OWNER: CONTRACTOR: City of Muskego, Department of Public Works Midwest Sport and Turf Systems, LLC By: Print Name: Title: By: Print Name: Title: 40 41