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COMMON COUNCIL Packet 11192024CITY OF MUSKEGO COMMON COUNCIL AGENDA 11 /19/2024 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER ROLL CALL STATEMENT OF PUBLIC NOTICE &e C21 of SKEGO 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. COMMUNICATIONS FROM THE MAYOR'S OFFICE New Building Maintenance Technician C el Z &14 k,k&Tr14►1e7_1 Resolution #065-2024 - Approval of Letter of Credit Reduction (Peach Lane LLC-Twin Silos Subdivision) CCR2024.065-LOC-Peach Tree (Twin Silos subd).docx Common Council - Twin Silos LOC Reduction 2.docx LOC2-TwinSilosMNP.pdf Resolution #066-2024 - Establishing Traffic Regulations (Stop Signs - Haven Drive) CCR2024.066-Est Traffic Regs (Haven Dr).docx Memo to Public Works - 10-28-24 - Request for Stop Signs on Haven Dr at intersection with Joel Drive.doc Common Council - Stop Signs on Haven Drive at intersection with Joel Drive.docx Aerial and Street Views.pdf Resolution #067-2024 - Athletic Field Usage Policies and Procedures & Park Arthur Tournament Application CCR2024.067-Revised Athletic Field Usage Policy (Revised).docx Memo - 2025 Athletic Field Usage Policies and Procedures.docx Facility Request and Policies Form 2025.docx Tournament Form Park Arthur 2025.docx Resolution #068-2024 - Approval of a Final Plat for Twin Silos Subdivision CCR2024.068-Final Plat -Twin Silos.docx PC 056-2024 SUPPLEMENT.pdf PCR2024056 Twin Silos Final Plat.pdf PC 056-2024 SUBMITTAL.pdf PC 056-2024 MAP.pdf Resolution #069-2024 - Approval of Award of Bid (Boxhorn Dredging Project) CCR2024.069-Award of Bid (Boxhorn Dredging Project).docx Finance Memo - Boxhorn Dredging Project.docx 2024 Boxhorn Dredge Proposal 07082024 revised T&C_City of Muskego.pdf Client_Final.pdf Resolution #070-2024 - Resolution to Support Receipt of Grant Funding (State & Local Cybersecurity Grant Program) CCR2024.070-Grant (Cybersecurity).docx Combined Grant For CC.pdf NEW BUSINESS REVIEW OF COMMITTEE REPORTS Plan Commission Minutes - October 1, 2024 Plan Commission Minutes 10012024 Approved.pdf CITY OFFICIALS' REPORTS COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons Muskego Senior Taxi - Alderperson Hammel Muskego Festival Committee - Alderperson Schwer Muskego Historical Society - Alderperson Kubacki Little Muskego Lake District - Alderperson Schwer GFL Emerald Park Landfill Standing Committee - Alderperson Madden FUTURE AGENDA ITEMS 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. K COMMON COUNCIL — CITY OF MUSKEGO RESOLUTION #065-2024 APPROVAL OF LETTER OF CREDIT REDUCTION FOR Peach Lane LLC (Twin Silos Subdivision) WHEREAS, the Peach Lane LLC entered into a Developer's Agreement with the City to construct Twin Silos Subdivision located off Tess Corners Drive just south of Cornell Drive; and WHEREAS, the project has started construction per the Development Agreement and the work done to date has been approved by the Director of Public Works and Development; and WHEREAS, based on construction work performed, Peach Lane LLC has submitted a request for a reduction to its Letter of Credit; and WHEREAS, the Public Works and Development Director has recommended that the Letter of Credit be reduced by $687,857.83, leaving a remaining balance of $432,528.57. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve that the current amount remaining on the Letter of Credit for Peach Lane LLC be reduced from $1,120,386.40 to $432,528.57. DATED THIS 19th DAY OF NOVEMBER 2024. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #065-2024, which was adopted by the Common Council of the City of Muskego. City Clerk 11/24cmc 3 �„�iSKEGO Reports and Presentations to Finance/Common Council To: Finance/Common Council From: Scott Kroeger Department: Public Works & Development Subject: Peach Lane LLC (Twin Silos Subdivision) LOC Reduction #2 Date: November 12, 2024 Background Information: Peach Lane LLC (Twin Silos Subdivision) is located off of Tess Corners Drive just south of Cornell Drive. The developer is ready for a Letter of Credit (LOC) reduction based on construction work performed. The recommendation is to reduce the LOC by $687,857.83. The LOC would be reduced from $1,120,386.40 to $432,528.57. Key Issues for Consideration: 1. Peach Lane LLC (Twin Silos Subdivision) LOC Breakdown Recommendation for Action by Committee and/or Council: The Common Council approve the Peach Lane LLC (Twin Silos Subdivision) LOC reduction from $1,120,386.40 to $432,528.57. Date of Committee Action: November 12, 2024 Planned Date of Council Action (if required): November 12, 2024 Total $ Needed: S Fiscal Note(s): N/A $ Budgeted: N/A Expenditure Account(s) to Be Used: # (3/2019) 4 COST BREAKDOWN Twin Silos October 21, 2024 Proposed Cost LOC Red No. l LOC Red No.2 ADJ. BAL. #1 ROAD CONSTRUCTION a. Stone/Binder Lifts of Asphalt/Curb & Gutter $ 149,711.90 $87,159.00 $ 62,552.90 b. Final Lift of Asphalt (including final inlet adjustments) $ 39,796.35 $ 39,796.35 c. Recreational Trail or Sidewalk $ 9,486.40 $ 9,486.40 d. Other (Misc. Removals) $ - $ - e. Engineering Inspections (estimate only) $ 21,889.41 $ 21,889.41 $ 220,884.06 $0.00 $87,159.00 $ 133,725.06 #2 SITE GRADING/LANDSCAPING/RESTORATION a. Erosion control $ 36,588.00 $11,373.00 $ 25,215.00 b. Site Grading $ 131,709.60 $49,400.00 $56,545.00 $ 25,764.60 c. Landscaping (street trees, prairie) $ - d. Site Restoration (topsoil/seed or sod as required) $ 79,263.00 $4,500.00 $ 74,763.00 e. Clear and Grub Site $ 34,007.50 $34,007.50 $ - f. Engineering Inspections (estimate only) $ 30,972.49 $ 30,972.49 $ 312,540.59 $99,280.50 $56,545.00 $ 156,715.09 #4 SANITARY SEWER SYSTEM a. Mains & Manholes $ 220,708.00 $200,708.00 $ 20,000.00 b. Laterals $ 63,525.00 $63,525.00 $ - c. Pumping station & Generator $ - $ - d. Force main $ - e. Grinder pumps &chamber-indiv dwelling $ - $ - f. Engineering Inspections (estimate only) $ 31,265.63 $ 21,265.63 $ 10,000.00 g. Other (Cleaning By Contractor & TV by City) $ - $ - $ 315,498.63 $0.00 $285,498.63 $ 35,000.00 #5 WATER MAIN SYSTEM a. Mains, valves & manholes b. Hydrants, valves & leads c. Water services d. Well & pumphouse e. Engineering Inspections (estimate only) f. Other $0.00 $0.00 $0.00 $0.00 #6 STORM SEWER SYSTEM a. Mains & manholes $ 112,366.26 $102,366.26 $ 10,000.00 b. Inlets $ - $ - c. Laterals + Sump Lines $ 30,888.00 $30,888.00 $ - d. Headwalls/discharge structures $ - $ - e. Engineering Inspections (estimate only) $ 15,757.97 $10,757.97 $ 5,000.00 f. Other $ - $ 159,012.23 $0.00 $144,012.23 $ 15,000.00 #7 SPECIAL/MISC IMPROVEMENTS a. Street lights ( WE Energies Lights) $ - $ - b. Street signs $ - c. Other- Retaining Wall $ - $0.00 $0.00 $0.00 $0.00 #8 FEES a. City administration $ - b. Engineering Design and Admin and Testing $ 5,000.32 $ 5,000.32 C. Engineering -As builts for underground (by City consultant) $ 10,000.00 $ 10,000.00 d. Engineering- Survey & Grading As-builts $ 10,000.00 $ 10,000.00 e. Legal $ - f. Other $ - $ 25,000.32 $0.00 $0.00 $ 25,000.32 TOTAL PROJECT ESTIMATE $ 1,032,935.83 $ 99,280.50 $573,214.86 $ 360,440.47 120 % = LETTER OF CREDIT AMOUNT $ 1,239,523.00 $ 119,136.60 $ 687,857.83 $ 432,528.57 LOC Remaining $ 806,994.43 LOC Reduction with the 20% 5 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #066-2024 ESTABLISHING TRAFFIC REGULATIONS (Stop Signs — Haven Drive) BE IT RESOLVED by the Common Council of the City of Muskego that the following traffic regulations as indicated by the official signs and signals designated are hereby adopted. The Public Works Superintendent, in conformity with Chapter 349 State Statutes, shall place the following official traffic signs and signals at the intersections and upon the highways indicated; that said signs and signals shall be so located as to give adequate warning to users of the highway and no provision of the Traffic Ordinance (Chapter 343) of the Municipal Code for Muskego with respect thereto, shall be enforceable unless and until such signs are erected and in place and sufficiently legible to be seen by an ordinarily observant person. All resolutions or parts of the resolutions inconsistent with or contravening this Resolution are hereby repealed. STOP SIGNS • "Stop Sign" - To be placed on Haven Drive at the intersection with Joel Drive. BE IT FURTHER RESOLVED that the City Clerk shall file this Resolution in her office as part of the original City records. DATED THIS 19th DAY OF NOVEMBER 2024. SPONSORED BY: PUBLIC WORKS AND SAFETY COMMITTEE This is to certify that this is a true and accurate copy of Resolution #066-2024, which was adopted by the Common Council of the City of Muskego. City Clerk 11 /24cmc CITY OF MUSKEGO Staff Report to Public Works and Safety Committee To: Public Work and Safety Committee From: Scott Kroeger, PE, PLS, Public Works and Development Director Subject: Request for Stop Signs on Haven Drive at intersection with Joel Drive Date: October 28, 2024 A request has been made to the Public Work and Safety Committee to install stop signs on Haven Drive at the intersection with Joel Drive. There is an existing stop signs at Joel Drive. This intersection would become a four way stop controlled intersection from a two way stop controlled. The speed limit is 25 mph on Haven Drive and Joel Drive. I have attached an aerial and street views to provide reference. The police report the following: In the last 5 years, the only traffic complaints received regarding the intersection of Joel & Haven include juveniles riding mini bikes, 1 traffic stop for a stop sign violation, a suspicious looking van that was never found, and a reckless driving complaint for speeding where the complainant was flipped off by the driver. Recommendation for Action by the Committee: • From an engineering and safety point of view, there is no justification for additional stop signs at this intersection. The intersection has one leg controlled by a stop sign already, speed limit is 25 mph, and the police have not indicated that this is an unsafe intersection. • Engineering is not against making this a 4 way stop. It might take some time for residents to get use to a 4-way stop at this location. 7 �„�iSKEGO Reports and Presentations to Finance/Common Council To: Finance/Common Council From: Scott Kroeger Department: Public Works & Development Subject: Request for Stop Signs on Haven Drive at intersection with Joel Drive Date: November 12, 2024 Background Information: On October 28, 2024 the Public Works and Safety Committee approved Stop Signs on Haven Drive at the intersection with Joel Drive. Key Issues for Consideration: 1. Memo from Public Works and Safety Committee on October 28, 2024 Recommendation for Action by Committee and/or Council: The Common Council approve the recommendation by the Public Works and Safety Committee on October 28, 2024 with regards to Stop Signs on Haven Drive at the intersection with Joel Drive. Date of Committee Action: November 12, 2024 Planned Date of Council Action (if required): November 12, 2024 Total $ Needed: $ Fiscal Note(s): N/A $ Budgeted: N/A Expenditure Account(s) to Be Used: # (3/2019) SOL". O's rn .40 bpb Sb AS— . 7 0 0 3 m r w y `0 o v E N N 0 Opp O N Y O N y 1 Lannon 0 y 0 Brennan Dr MOW n L /I M Lannon v' LO LO v o 3 -too o C v o U) o a w N m 0 7 co ( O Brennan Or COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #067-2024 APPROVAL OF CITY OF MUSKEGO PARKS & RECREATION ATHLETIC FIELD USAGE POLICIES AND PROCEDURES and PARK ARTHUR TOURNAMENT APPLICATION WHEREAS, the attached Athletic Field Usage Policies and Procedures were updated in 2022 to re -structure fees, add field maintenance costs, and make general changes to the policy; the update also included the changes to reflect the artificial turfing of Park Arthur fields 1-2-3; and WHEREAS, with the artificial turfing project to Park Arthur field #4 now completed, the Athletic Field Usage Policy and Procedures & the Park Arthur Tournament Application must be changed in relation to the fees charged for the usage of this renovated field; and WHEREAS, the Finance Committee has reviewed the revised Athletic Field Usage Policies and Procedures & Park Arthur Tournament Application and recommends approval to the Common Council; that there is no fee increase for 2025 other than changing the turf field fee for Park Arthur Diamond #4. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the revised City of Muskego Parks & Recreation Athletic Field Usage Policies and Procedures & Park Arthur Tournament Application 2025. DATED THIS 19th DAY OF NOVEMBER, 2024. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #067-2024 which was adopted by the Common Council of the City of Muskego. City Clerk 11 /24cmc CITY OF MUSKEGO Staff Report to Parks and Recreation Board To: Parks and Conservation Committee From: Tammy Dunn, Recreation Manager Subject: Athletic Field Usage Policies and Procedures & Park Arthur Tournament Application Date: November 4, 2024 This policy that was updated in 2022 to re -structure fees, add field maintenance costs and make general changes to the policy. It also included the changes to reflect the turfing of Park Arthur fields 1-2-3. With Park Arthur field #4 now turfed, the policy and procedures form must again be changed to include this field with the others for fee charges. Attached is the updated policy with the suggested field use categories, modified usage fees for turf and non -turfed fields games and/or practices, inclusion of all tournament requests/costs into this policy and general policy changes. All proposed changes are listed in red. Please note, there is no proposed fee increase for 2025 other than now charging the turf field fee for Park Arthur 4. Requested action — Committee approval on new policy. Once approved new policy will move on to Finance Committee for approval of fees. Page 1 of 1 13 CITY OF MUSKEGO — RECREATION DEPARTMENT 2025 ATHLETIC FACILITY REQUEST & POLICY League Director: Full Address: Cell Phone Percentage Muskego residents in program: Email: BASEBALL/SOFTBALL FIELD(S) LOCATION: (*90'-basepegsavailable): 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 I Jensen Park I Park Arthur #2 Bluhm Farm III Denoon Park* Park Arthur #3 Bluhm Farm IV Park Arthur #4* Hardball 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: Season End: Game Time: From to "Park hours: no use before 8AM and completely off fields by 10PM Maintenance requested Equipment needs **City does not provide bases for ballfields except for Park Arthur 1-2-3-4. Soccer goals are property of Muskego Kickers. Rugby end goals property of Muskego Rugby 1 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. 1 have read through the Insurance Requirements section and understand that 1 may not start use of City of Muskego facilities until the appropriate paperwork has been submitted. Applicant's Signature Approved Disapproved Current Insurance Forms on file: ❑Yes ❑No Application Received: Field Usage Fee: $ Maintenance Fee: $_ AMOUNT COLLECTED: $ Date: Note all reasons for withholding any refund or deposit : Date Authorized Signatory, Recreation Department Total Useage Fees: Security Deposit: $ Lights: $ CK Cash By 14 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 11, 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. 15 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 #1-2-3-4. 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 Usaee Fees 1. Field usage fees allow for "exclusive use" of the reserved athletic field. 2. 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. a. Field usage fees are not charged for practices held on the fields at: Bluhm, Denoon, Horn, Jensen, Kurth, Lions, Manchester, Moorland, Schmidt and Veterans Park. b. Field usage fees ARE charged for practices at the turfed fields of Park Arthur fields #1, #2, #3, #4. Practices 1.5 hours length from start to finish of practice time - Resident ($100/field/date) Non-resident ($150/field/date) 3. Field usage fees do not include bases, nets, or other equipment needs. However, Park Arthur fields #1, #2, #3, #4 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, Kurth, Lions, Manchester, Moorland, Schmidt and Veterans Park. 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, #4. i. 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, 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, #4. i. Residents $250/field/date 16 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, #4. 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. Maintenance Fees For the fields at: Bluhm, Denoon, Horn, Jensen, Kurth, Lions, Manchester, Moorland, 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, #4. 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 Public Works and the Recreation Department feels necessary, such as lock changes, etc. 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. `VA 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, Schmidt and Veterans Park. Tournaments using the turfed fields at Park Arthur #1, #2, #3, #4 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 at any fields other than Park Arthur #1-2-3-4. 3. 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. Park Arthur bathrooms are open year round. 4. Open air shelters at can be used for concession sales at a cost of $150/day per shelter for any park outside of Park Arthur. 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. 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. 18 • 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, #4 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. 2025 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 $500 $250/game 1.5 hour PRACTICE ONLY USE ON PARKARTHUR #1, #2, #3, #4 Cost 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 2120184, Fees and Charges Adopted by the Parks and Recreation Board 1121185 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 11/17106, 10120108, 1012109, 8110110, 112611Z 10/2/12, 10123114 *Revised by Recreation Manager Tammy Dunn 11111115, 1211116 Policy Revision Approved and Adopted by the Parks and Conservation Committee 4/18 Policy Revision Approved and Adopted by the Parks and Conservation Committee 10/21 & Finance & Council 11/21 Policy Revision Approved and Adopted by Finance & Common Council 1/9/24 Policy Revision Approved and Adopted by Finance & Common Council xx/xx/xx 19 CITY OF MUSKEGO — RECREATION DEPARTMENT PARK ARTHUR TOURNAMENT APPLICATION 2025 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 turfed infield/grass outfield Turfed infield/grass outfield Base pegs at 60', 65', 70', 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 Monday 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: 4 turfed fields, 2 shelters, concession stand, 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 1 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 1 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 20 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 8:30PM. Lights will be turned off by field staff at 10:15PM. E. Tournaments may only be scheduled from April 1 through November 1 depending on outfield conditions. 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 turf hardball field with raised mound and 90' base pegs (can be converted to 60', 65', 70' and pitching rubbers at: 40',43',46',50' for an additional fee and with advance notice) c. Large open air shelter w/seating & Concession area (serving windows, sinks, fridge and storage) d. Small open air shelter by 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. 21 4. Game Day Field Maintenance will be provided by City's Turf Manager. City will set-up each field at the desired basepath/pitching 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. If Park Arthur Field 4 is to be used for a smaller game field and mound moved, there will be an additional fee of $1,000 which covers the removing of the mound the day before games are played and re -set the day after games end. Moving of mound will require 4 DPW staff to safely remove and store mound. 5. 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. 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 Policy Revision Approved and Adopted by Finance & Common Council xx/xx/xx 0 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #068-2024 APPROVAL OF FINAL PLAT Twin Silos Subdivision WHEREAS, a Final Plat was submitted by Joseph Bukovich, of Point Real Estate, for the Twin Silos Subdivision located in the SE 1/4 of Section 2 and NE 1/4 of Section 11; and WHEREAS, the Preliminary Plat was approved by the Plan Commission on March 7, 2023 with adoption of Resolution #P.C. 014-2023 and by the Common Council on March 14, 2023 with adoption of Resolution #021-2023; and WHEREAS, the Plan Commission has recommended approval of the Final Plat through adoption of Resolution #P.C. 056-2024. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the Final Plat for the Twin Silos Subdivision, subject to approval of the City Engineer and all objecting and approving agencies, receipt of all fees as provided in the Land Division Ordinance, any special assessments which may be due, and the conditions outlined in Resolution #P.C. 056- 2024. BE IT FURTHER RESOLVED that a digital file of this final plat shall be submitted to the City. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign the necessary documents in the name of the City, and that the Mayor, in consultation with the City Attorney, may make any necessary technical corrections. DATED THIS 19th DAY OF NOVEMBER 2024. SPONSORED BY: PLAN COMMISSION This is to certify that this is a true and accurate copy of Resolution #068-2024, which was adopted by the Common Council of the City of Muskego. City Clerk 11 /24cmc 23 City of Muskego Plan Commission Supplement PC 056-2024 For the meeting of. November 6, 2024 REQUEST: Approval of a Final Plat — Twin Silos S69 W 14105 Tess Corners Drive / Tax Key No. 2168.962. SE'/ of Section 2 & NE'/4 of Section 11 PETITIONER: Joseph Bukovich, of Point Real Estate INTRODUCED: November 6, 2024 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 056-2024 The petitioner has submitted the Final Plat for the Twin Silos subdivision. The Preliminary Plat was approved via Resolution PC 014-2023 on March 7, 2023 as Peach Lane. The proposal includes nine (9) single-family lots and one (1) outlots. The development has access from Tess Corners Drive. PLAN CONSISTENCY PC 056-2024 The 2020 Plan depicts the properties for medium -density residential Comprehensive Plan: development (densities of 1.0 — 2.99 units per acre). The proposal is consistent with the plan with a density of 0.529 units/acre. The property is currently RS-2 — Suburban Residence District with a minimum I Zoning: lot size of 20,000 sq. ft. and minimum width of 110 feet. The proposal is consistent with the Code. The Park and Conservation Plan does not indicate any conservation areas. Park and Conservation However, the wetlands and floodplains will be preserved. Additionally, the Park Plan: and Conservation Plan shows the trail across the frontage of this property paralleling Tess Corners Drive. (Street System Plan: All right-of-ways are shown to be dedicated to their ultimate widths. The plat is consistent with the Plan. Stormwater Management Stormwater is shown to be accommodated via drainage easements and within Plan: the outlots in the development. Adopted 208 Sanitary Sewer rTh—ea—rcels will be served by municipal sewer. The plat is consistent with theService Area: an. Water Capacity Assessment This area will be served by private wells for water. The proposal is consistent District: with the Plan. STAFF DISCUSSION PC 056-2024 The Twin Silo subdivision obtained approvals for the Preliminary Plat from the Plan Commission on March 7, 2023 under Resolution PC 014-2023. Common Council approved the Preliminary Plat on March 14, 2023 via Resolution 24 #021-2023. The Developer's Agreement was approved by the Common Council on January 23,2024 via Resolution #003-2024 for the roads and utilities. There is a wetland area present on the north side of the cul-de-sac within the subdivision. Similar to the other recent subdivisions, a permanent fence is required to delineate this edge from the residential lots on either side of the wetland. A landscaping plan has also been submitted that is in the review process. The landscaped island at the entrance to the subdivision is within the right-of-way, but will be the responsibility of the homeowner's association to maintain in perpetuity. The technical review is pending and the Resolution is drafted to allow approval subject to these technical corrections being addressed before the final plat can be recorded. Resolution states the following: BE IT FURTHER RESOLVED, All subdivision improvements must be finalized and accepted by the City before Final Plat recording can be allowed. BE IT FURTHER RESOLVED, All technical corrections identified by City staff, Waukesha County and the State of Wisconsin must be addressed before Final Plat recording can be allowed. STAFF RECOMMENDATION PC 056-2024 Approval of Resolution #PC 056-2024 25 RESOLUTION #P.C. 056-2024 APPROVAL OF A FINAL PLAT FOR THE TWIN SILOS SUBDIVISION LOCATED IN THE SE'/OF SECTION 2 & NE'/4 of SECTION 11 (S69 W 14105 TESS CORNERS DRIVE / TAX KEY NO. 2168.962) WHEREAS, A Final Plat was submitted by Joseph Bukovich, of Point Real Estate, for the Twin Silos Subdivision located in the SE'/4 of Section 2 & NE'/4 of Section 11, and WHEREAS, A Preliminary Plat was approved by the Plan Commission on March 7, 2023 under Resolution PC 014-2023 and the Common Council on March 14, 2023 under Resolution #021-2023, and WHEREAS, This Final Plat includes nine (9) lots and one (1) outlot, and WHEREAS, The property is zoned RS-2 — Suburban Residence District with a minimum lot size of 20,000 sq. ft. and minimum width of 110 feet, and WHEREAS, The 2020 Comprehensive Plan has the area as Medium Density Residential and the proposed overall density meets this requirement, and WHEREAS, The development will be serviced by municipal sanitary sewer system and private water wells for each lot, and WHEREAS, A wetland area is present on the north side of the cul-de-sac within the subdivision and a permanent fence is required to delineate this edge from the residential lots on either side of the wetland, and WHEREAS, The landscaped island at the entrance to the subdivision within the right-of-way will be the responsibility of the homeowner's association to maintain in perpetuity. THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the Common Council of a Final Plat for the Twin Silos Subdivision, located in the SE'/4 of Section 2 & NE'/4 of Section 11, subject to resolution of technical discrepancies as identified by the Community Development Department and City Engineers, and payment of all applicable fees of the Land Division Ordinance and outstanding assessments if applicable. BE IT FURTHER RESOLVED, All subdivision improvements must be finalized and accepted by the City before Final Plat recording can be allowed. BE IT FURTHER RESOLVED, All technical corrections identified by City staff, Waukesha County and the State of Wisconsin must be addressed before Final Plat recording can be allowed. BE IT FURTHER RESOLVED, That a digital file of this Plat shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: November 6, 2024 Defeated: Deferred: Introduced: November 6, 2024 ATTEST: Adam Trzebiatowski AICP, Planning Manager 26 There arc no objections to this plat with respect To Secs. 236.15, 236.16, 236.20 and 236.21(1) and (2), Win Stets. as provided by,. 236.12, Win. Stets. Certified 20 IL it w1® Depazlmenl ofAdntiniscation to I " TWIN SILOS GENERAL NOTES - LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2 AND IN THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 0- • Indicates Set 1.270- o,f,id, di.mel,r x 18' long Reinforcing Bar weighing 4.303 lbs. per lineal foot. All other TRIO OWNEFr SECTION 11, ALL IN TOWN 5 Z. RANGE 20 FAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. Lot and Outeatsure ere are staked with 0.750' outside diameter x 18" long Reinforcing BUT weighing 1.502 lbs. PEACN IANE llC WETLAND. FLOODPLAN AND SECONDARY ENVRONMENTAL per Imeol foot. P.O. BOK 1L9 COFlRDOR PRESERVATION RESTRICTIONS 4—• mdlom,a Found 1" Iran Flp,. MAYWUE, WI 53050 PHONE: 2fi2-l2l-5997 Those are s of land which are identified as Wetland, Floodploin, and Secondary Environmental • All linear oimenls have been made to the nearest one -hundredth of a foot. 4100 N. Cdh— Rd. Corridor areas on this plat shall be subject to the following—ticfl.ns. Si Bop All .ngul.r measurements hove been made to nearest second and computed to the nearest half -second. RfOelf�• T� 53005 EASEMENT 1. Th.eHU and filling shall be prohibited. aw fs►1W 2. The rc oval of topsoil or other earthen materials shall b, prohiblted. All b...logo are referenced to Grid North of the Wisconsin State Plane Coordinate System, South Zone —0ia]9►ElaE LEGEND: 3. The HUH-1 or destruction of any v,gwfdive cover, i.e. frees, shrubs, grasses, etc., shall be (NAD-83), in which the EDO line of the S.E. 1/4 of S,ofion 2, Town 5 North, Rang, 20 E.sl, bean North prohibited with the exception of the removal of exotic, Invasive, dead, diseased, or hazardous 00.59'20" W.M. ®-30' WIDE PRIVATE v.ge. lon of the dlscreflon of landowner and upon the approval of the city of Muskeg.. LANDSCAPE EASEMENT 4. Grazing by domeaficaled .nmals, i.e. horses, cows, ei... shall be prohibited. Private Drainage Easements are established to provide for the un.broc slted flow of storm water runoff from ®-5' WIDE PRIVATE STREEF 5. The introduction of plant material not N,igenousto the exlsfing environment of the natural area adjacent and upstream properties. Owners of IOts on which these private drainage easements exist shall be TREE EASEMENT shall be pH,h R.d. responsible for keeping these areas free of any obstructions Thal may restrict or block this flow. ©-10' WIDE PRIVATE 6. Ponds may be permiNed subject to the opproval of the city of Muskeg. and, if applicable, the DRAINAGE EASEMEM Wisconsin Dep.rfi—t of Natural Resources and the Anny Corp of Engineers. • The Easements for Sanitary Sewer and the Public Tree Easement are herein granted to the City of Muskeg.. 0-20. WIDE PUBLIC SA [TAR 7. C.,ROH.0i.n of buildings is prohiblted. SEWER EASEMENT The Owners of the residential Lots within this Subdivision shall each own on equal undivided fractional interest PUBUC UTILITY EASEMENT Wetland protection offset resh-I.fions: V1810N C in Ouflot I of this Subdivision. Waukesha Count shall not be liable for fees o I char n the event ®- y r specie ges i (SEE PIAN There is city required 15-foot wetland protection offset around .II wetlands ar s. The . s of EAASE(IJEW MAL they become the owner of any Lot or Outlot in the Subdivision by reason of tax delinquency. land which a e identified as wetland protection offset areas shall follow all restrictions listed in • Secondary Environmental Corridor boundaries shown hereon are based on latest available SEWRPC records and Chapter 400 .f the City of Muskeg. municipal code relating to wetland protection offsets. if DNR digital dal. obtained from Waukesha County GAS. regulations ar .ppIi..bI,, then said regulation shall be in oddlinH to all city regul.fi.ns. VLSI. N COFMR EA EMBIT, N.L•E) • Floodploin boundaries shown hereon are based on FEMA flood map panel numbers 55133CO362G dated d PROPERTY/ November 5, 2014, and was field located by trio Engineerinq LLC on March 23, 2023 Per section 400-236(6) ffi (7) of the City of Muskeg. zoning R-O-W NE / oMlnance, in the vision setback area no structure of any UV • Wetland boundaries shown herein were delineated by Matt Stengel Heorfland Ecological Group Inc. and provided kind shall be permitted which exceeds a height of 30 inches V•C,.E. fo Trio Engineerinq in digital format, completed on doted August 19, 2022. above the elevation of the center of the intersection, except ,/ $,F� for necessary highway and fraffic signs, public utility HR.., ` IF Y'n • All electric, telephone, and communication dienbufion lines and laterals, including CATV cables, constructed aW. —EN OF FINE sE 1/4 and open fences through which there I, clear vision nor i offer the recording of this Subdivision shall be placed underground. shall any plant material or natural growth scupermitted which e3/2011 obres safe vision of the approaches f. th the infersecion. _ • Stormwater Management Facilities ar e located on Outlof 1 of this Subdivision. MD'3CONC, MDf_241]6 fisP TYPICAL There shall be no direct vehicular access to Tess Corners Drive from Lot 1 or 9. UAPL4NEp LMOA \ I TWIN SILOS COURT N88.68'47" E 11 \ Lot Characteristics: / -Lot Size=2117of - Lo[ Wid[h = 10' e'A�ps - Front Setback - 40' ( O - Rear Setback - 20' I Is umE Puaz - Side Setback = 15' one EattMr�w side, 20' other 2936 IF w n I $ On I E ' \/ I I OL n 432268 IF \ T15 Mumnr� I aooaPUW I \ PROFEnIaN OFFSET rt 3 - tT1...........,L.. \ SITS E 9 !4 15' WEND < PROTECDATION QFFSEi ':� _ I \ I ji............... ._..,UA FASfMENI I _ [e ........... .. l3 .. .... - OpRER OF THE IF IAJ --- - `1 mYSC. , I-5-20 STRTE PVNE COORD. MIEN N>D 83/2011- SOUTH NNE FND.3' ONCC. Ip SMOIH. 2W/�BRnSS�GP I 22-028-1155-02 7941 / MaAVV was �scc uwr 7 \ \ 26318 IF 1I 1 I 1 27590 IF noppn wN wr ; J�,,, G 15' wE�LnND E6, �' • 1 ��PROTECTION OFFSET 3 .......i I ________________ _ _ y ........ R� _ L53 .......-"LS'4" .. — j S.IR£E EISENENr 1 .]] __________-__ _________________61 ].x7-------903'41'xl'E x01.a8 23.89 soo-leS4•W 109.01 :D1'11•2,•E xm_xp C�T 2109 OJ (OEDK:ATED TO THEi PUBl1C) TW�•N Ixa1.59--4xbs--o--?'l l•n •n•w E M O 99 i" ll._. _..—.-,siwnF PUBLIC MN✓ 1111 �urc��'T' -�� 22979 IF sors646^' 1saA4 j \ 1� DDRD SnEM \ YMCNr OO E%. 8' WIDE 4T \ �] I.1�491140tn (P.O.B.) SE OORNkW OF THE 9E 1/4 OOC.TNO. 654380 WIc � m N \ m 83/2011- spuTH ZONE E. lINE ME. 1/4, SEC. I1-5-20 `ND' yONC, NON. W/ 6luss cm (501 T646'E 2666.83) - 3 I E-z,4eD z3z 23 THIS INSTRUMENT WAS DRAFTED BY TED R. INDERMUEHLE, P.L.S. 4 Im 1'I 25639 IF 26585 IF 24806 IF SOO'8720"E 678" (RECORDED A3 501'19'39•W) E. LINE, SE 1/4, SEC 2-5-20 (N00'50101Y 2648.81) �?a .. � h.N N2o tRFCORO!'0 LwvN9.2 f, �Sf.IPE �1 A j � Uf4STME FASEMEM; % 9 j; 27861 SF 7 Y steak, ste3p• � ... O /� Nit 8 p SF / � SE I/4 / N:SERE. CORxIlIA CA E C NOD 63/I011uNS0UMRZONE o*n a_ruxE �m ras l - ) DATED THIS 10TH DAY OF SEPTEMBER. 2024 SCALE: 1" = 60' oED � o SHEET 1 OF 2 N 4 SURVEYOR'S CERTIFICATE: ) SS COUNTY OF WAUKESHA) I, Ted R. Indeaushis, Professional Land Surveyor, do hereby —11, Thal I have surveyed, divined, and mapped lands being part of the Southeast 1/4 of the Southeast 1/4 of Section 2 and the NoriM1eosl I/4 of the Northeast 1/4 of Seaton II, all in Town 5 North, Range 20 East, village of City of Nuskego, County of Waukesha, Slate of mmonaln, now being more pariiealady bounded and 4-61,ed as follows: Beginning at the Southeast Corner of Said S—eost 1/4 of Section 2, Thence South 01'26'46' East along the East line of said Northlot 1/4 of Section 11, 334.07 feet to a point; %once South 87'23'47" West 638.93 feet to a point; Thence North C3'33'47" East 1179.31 feet to a point, said point being the Monumented Southwest corner of Certified Map Number 2997; Thence South 71'09'17' East along the South It., of said Certified Survey Map, 8239 feet to a point; Thence North 18'60'43" East along the East line of mid Certified Survey Map, 237.5E feet to a paint in the Middle of "Tess Comers Drive% Thence South 70'S01N' East along said Cenledine, .9.37 feet to a point on the East It.. of said Southeast 1/4 of Section 2; Thence South OW59'20" East along said East line, 878.00 feet to the point of beginning of this desanplion. Sold lands contain 741,111 Square Feet (or IT-7 Acrn) of load, more or less. That I have made —1, survey, land division and map by the direction of PEACH LANE, LLC, owner of said lands. That ouch map is a correct mprnenfalion of all the exterior boundaries of the land surveyed and the land division thereof mode. That I have fully complied with the prove— of Chapter 236 of the Wisconsin Shtuhs and the subdlvlsion regulations, CM1apler 18, of IM1e City of Muskego in surveying, dwiding and mapping IM1e some. Dated this _ Day of . 20 T.d R. Ind.—M., P.L.S. Profit stoned Land Surveyor, 5-3119 TRIO ENGINEERING, LLC 4100 N. Calhoun Rd. SUN. 300 Broekfeld, WI 53005 Phone: (262)790-1480 Fax: (262)790-1481 TWIN SILOS LOCATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2 AND IN THE M09THEAST 1/4 OF THE NORTHEAST 1/4 SECTION 11. ALL IN TOWN 5 NORTH, RANGE 20 EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. CERTIFICATE OF COUNTY TREASURER: STALE OF YeSCONSIN ) SS COUNTY OF WAUKESHA) L Pamela F. Reeves. being duly elected, qualified and acing Treasurer of the Counts of Waukesha, do hereby certify that the records in my office show no unredeemed tax sales and no unpaid lazes or special assessments as of this _ _ Day Used this Day of 20 Panetta F. R.ee, County Treasurer CITY PLAN COMMISSION APPROVAL: R..IYBd, that the plat of 'TWIN SILOS', in the City of M.-go, having been re —molded by the Plan Commission, and being the m is hereby approved and the d.boaffon herein aaepted by the CityPlan Communion of the City of Muskego, Resolution Nome___, on this _ Day of 20 . Risk Pdfd.kl, Mayer Kellia Md4uIMn, S.anshoy CITY COMMON COUNCIL APPROVAL: Resolved, that the plat of "TWIN SILOS', in the City of Muskeg,, having been ne mended by the Plan Commssion, and being the s is hereby o aved and the dedication herein a ..pled by the City Common Council of IM1e City of Muskego, Rssalulion Nome, on this Day of 20 . Risk Peffalski, Mayor KeM Roller, City Clark CORPORATE OWNER'S CERTIFICATE OF DEDICATION: CERTIFICATE OF CITY FINANCE DIRECTOR: PEACH LANE. LLC, a Wisconsin Umifed Liobi1dy Company duly organized and .sitting under and by virlue of the laws of the State of Wlmansin, ax owner, ee"ties that said Limited Liability Company has caused IM1e land demribed en this plat to be surveyed, divided, STATE OF WISCONSIN ) mapped and dedicated as represented on thle plat. also certify that this plat le requlred by 5.236.10 or 5.236.12 to be submlNed ) SS to IM1e following for approval or abJe.tion. COUNTY OF WAUKESHA) APPROVING AGENCIES: AGENCIES WHO MAY OBJECT: I, Sharon Mueller, being duly appointed, qualified as City Fire— Director, City of Muskego do hereby ceriily that in ccortlance with the ..Me in my ofim, there re n unpaid taxn special assessments of this I. City o1 Muskego 1. State of Wisconsin, Department of Administruni a Day of . 20 _ on any of the land induded in the Plat of "TWIN SILOS". as 2. Waukesha County, Deporiment of Parks and Land Use Dated this Day of 20 Witness IM1e hand and seal of said Owner this day of 20_. PEACH LANE, LLC Sharon Muller, CRY Finance Director J. BukeWeh, M.mb.r STATE OF WISCONSIN ) CONSENT OF CORPORATE MORTGAGEE: SS COUNTY OF WAUKESHA ) a oorporaton duly organized and '#trig by virtu. of Itse laws of Its state of _ _ mortgagee of the above described land, does hereby consenf to the sumeying, dividing, and mapping of Personally came before ma this day of 20_, the above n mad Joe B-mli, Member of Paaeh Lane the land described on this Plot, and don hereby c nsenf to the above certificate of PEACH LANE. I.I.C. owner, this LLC, to me known to be Its. parson who .x.cWvd the foregoing inalrum.nt. and to me known to be such Member, and day of , 20 0 acknowledged that he ...toted the foregoing instrument as such officer as the deed of said Member, by its authority. 22-028-1155-02 Print Name: Pudic, County, WI My Comnuing- Expire: STATE OF ) ) SS COUNTY OF I Personally came before me this day of 20_the above named In. above named <oryoration, la me known to be the person who exec Wed IM1e foregoing Insimment, and to me known to be such _ of said comoretlon, and acknowledged that he executed the foregoing Instrument as —1, officer as the dntl of mid c_radlon, by Its outhonly. THIS INSTRUMENT WAS DRAFTED BY TED R. INDERMUEHLE, P.L.S. Print Nam.: Publle, MY Commission Expires: WETLAND LINE TABLE: CURVE TABLE: UTILITY EASEMENT PROVISIONS: An ea ment tar electric, natural gas, and communications sarWce is hereby granted by PEACH uNE. uc, Grantor, to WISCONSIN ELECTRIC POWER COMPANY and WISCONSIN GAS, LLC, Wisconsin corporafiens doing business as We Energies, Grantee, WISCONSIN BELL, INC., d/b/a AT&T Wisconsin, a Wisconsin Corporation, Grantee, and Spectrum Mid —America LLC, Grantee their respective su and assigns, to construct, install, operate, repair, aintain and replace sfrem lime to it.., facilities used in nection with overhead and underground transmission and distribution of electricilycand eI.olrb, energy, natural gas islet, telephone and cable TV facilities for such purpose as the same is ay hereafter be used, all in ov r, under, acressalong and upan the property shown within those a on the plat designated ac 'Utility Easement Areas' and the property designated on the plat far streets and allays, Whether public or private, together with the right to Install se nations upan, a within and beneath the surface of each lot to serve improvements, thern, or n ad)acent lots; also the right to from or at down trees, brush and roots as maybe onably required incident to the rights herein given, and the right to enter upon the ..... subdivided property for all such purposes. The Grantees agree io restore or od... to have restored, the properly, as nearly as is re onably possible, to the condition existing prior to such entry by the Grantees or their agents. This .donation, however, does not apply to the initial installation of said underground and/or above ground electric facilities, natural gas facilities, or telephone and cable TV facilities or to any frees, brush or roofs which may be re aved at any" pureuant to the rights herein granted. Buildings shall net be placed over Grantees' facilities or in upon or over the property within the lines marked 'Utility Easement Areal without the prior written co sent of cronies, After thatallat.n of any such faclllfies, the grade of the subdivided property shall not be altered by more than four inches Without written consent of grantees. The es nl of ea merit shall be binding upon and inure to the benefit of the heirs, succ cars and assigns of all ponies hereto. DATED THIS 10TH DAY OF SEPTEMBER. 2024 SHEET 2 OF 2 K) 00 RESOLUTION #PC 056-2024 JAll Supplemental Map a A� F . ® i o- ,tt�t J W Twin Silos S69 W14105 Tess Corners Drive !'\ &0, c'V w MUSKEGO WC Q Agenda Item(s) Right -of -Way Properties 0 200 400 Feet () I I I Prepared by City of Muskego Planning Department 0 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #069-2024 AWARD OF BID Boxhorn Dredging Project WHEREAS, the City of Muskego requested bids from three companies to perform the dredging project at Boxhorn Boat Launch as this work is very specialized with limited number of companies who perform this work; this is not a construction contract that requires to be publicly bid pursuant to Wisconsin State law; and WHEREAS, the only company that responded to the DPW Director's request with a bid, ILM, did several site visits with the City of Muskego DPW staff to understand the project; Radtke Contractors said the size of the project is too small and Solitude Lake Management did not return calls; and WHEREAS, ILM performed a lot of dredging work on Little Muskego Lake when the City of Muskego performed the 6 to 7 feet drawdown and is currently a sub -contractor to Stark Asphalt on the Idle Isle project where they are constructing the new boat ramp; ILM is able and prepared to mobilize to Boxhorn Boat Launch after finishing their work at Idle Isle next week; and WHEREAS, the Public Works and Development Director recommends that the bid be accepted as submitted by ILM in the amount of $80,500.00 as the contractor is more than qualified to do this work and their bid is under budget; and WHEREAS, the Finance Committee has reviewed the recommendation to accept the bid submitted by ILM in the total amount of $80,500.00 and recommends approval from the Common Council. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby accept the bid submitted by ILM in the total amount of $80,500.00. BE IT FURTHER RESOLVED that the Mayor and City Clerk are authorized to sign the Contract in the name of the City and the City Attorney is authorized to make substantive changes to the Contract as may be necessary in order to preserve the general intent thereof. BE IT FURTHER RESOLVED that the Mayor is authorized to sign such substantive changes made by the City Attorney. DATED THIS 19th DAY OF NOVEMBER 2024. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #069-2024, which was adopted by the Common Council of the City of Muskego. City Clerk 11 /24cmc 30 MUSKEGO Reports and Presentations to Finance Committee and Common Council To: Finance Committee & Common Council From: Scott Kroeger Department: Public Works and Development Subject: Award Bid for Boxhorn Dredging Project to ILM Date: November 19, 2024 Backiround Information: The City of Muskego requested bids from 3 companies to perform the dredging project at Boxhorn Boat Launch. The only company that responded back to our request was ILM. This work is very specialized with limited number of companies who perform this work. ILM was the only company who was responsive to the City of Muskego and did several site visits with City of Muskego DPW staff to understand the project. One of the other companies said the size of the project was too small for them to bid and the other company did not get back to us even after several calls. The bids are as follows: 1. ILM (IL) 2. Radtke Contractors (WI) 3. Solitude Lake Management (WI) $80,500.00 Did not submit bid due to the size of job Never got back to City requests ILM is more than qualified to do this work and their bid is under budget. ILM performed a lot of dredging work on Little Muskego Lake when the City of Muskego performed the 6 to 7 feet drawdown. ILM is currently a sub -contractor to Stark Asphalt on the Idle Isle project where they are constructing the new boat ramp. ILM is able to mobilize to Box Horn Boat Launch after finishing their work at Idle Isle next week. Key Issues for Consideration: Attachments 1. Bid Proposal from ILM Recommendation for Action by Committee and/or Council: Award Boxhorn Dredging Project to ILM Date of Committee Action: Finance Committee November 19, 2024 Planned Date of Council Action (if required): November 19, 2024 Total $ Needed: $80,500 Fiscal Note(s): Contracted Amount is within budget $ Budgeted: $115,000.00 Expenditure Account(s) to Be Used: 2024 Capital Project for Idle Isle (10/2024) 31 e4i I LM TRUSTED CARE Of LAND & WATER ILM 110 Le Baron St Waukegan IL 60085 PH: 847.244.6662 Info@ilmenvironments.com Bill To City of Muskego W182 S8200 Racine Ave. Muskego WI 53150 Contract Start Date: May 2024 Contract End Date: December 2024 Submitted To: Scott Kroeger SITE:Boxhorn Gun Club Project: 2024 Dredging Project Environment Manager: Debra Budyak Proposal #P8730 7/8/2024 Item Visits Price Per Visit Amount Sediment Removal 1 $62,900.00 $62,900.00 Mechanical removal of excess sediment and cattail mass from boat launch area at Boxhorn Gun Club, per the attached map. Material will be left onsite in designated location, per the line item below. Estimated project timing is late October 2024. Please note: Labor does not include prevailing wage rates Debris Removal 1 $17,600.00 $17,600.00 Price includes moving removed sediment to specified location onsite. Includes labor, equipment, erosion control measures, stabilized construction entrance and seeding with cover crop. Please note: Labor does not include prevailing wage rates. Subtotal $80,500.00 Discount Item Total $80,500.00 By:_ Debra Budyak Accepted: By signing I agree to ILM's standard terms and conditions Date 7/10/2024 Date Accepted 1 of 1 32 KfAt Ma pm uskego PRIVATE Search toolbar o, M /0 r ar�� 1,13 'This C.rec� is �%1 � 740 ILM Note: Dredged material will be placed directly in location 3 for dewatering. 60ft e4i I LM TRUSTED CARE OF LAND & WATER Scope of Work and Time Limit. The Proposal issued by Integrated Lakes Management ("ILM") is valid for a period of 30 days from the date of the Proposal. The entire scope of work is identified in the Proposal constitutes the "Project" as that term issue used in these Terms and Conditions. Client may not modify the Proposal by removing or adding items of work to the Proposal unless agreed to in writing by ILM. Upon signature by the Client the Proposal shall constitute a contract between Client and ILM (the "Contract"). If ILM does not receive Client's signed Proposal within 30 days of its date ILM reserves the right withdraw the Proposal without notice to Client. If ILM withdraws the Proposal ILM may issue to Client a new proposal which may differ from the original Proposal with respect to estimated costs, schedule for completion, and overall scope of work. Work is performed in order of proposals accepted, unless negotiated otherwise. Time and Materials Proposals. Services which are billed at "Time and Materials" (as specified in the Proposal) will be charged in accordance with agreed upon hourly labor rates and materials costs specified in the Proposal. In addition to charges for time spent and material consumed in conducting fieldwork at the Project site, Time and Materials charges will include time spent traveling to and from Project site and time and materials spent on report preparation by professional, technical, or clerical staff. To the extent that a Time and Materials proposal includes estimated costs, the estimates are for budgeting purposes only and the Proposal shall not be considered to provide a fixed lump -sum cost for the time and materials specified in the Proposal. If during the performance of work ILM determines that an estimated cost will be exceeded ILM shall have the right (but not the obligation) to cease work on the Project until a revised estimated cost has been presented to and approved by the Client. Permits & Ancillary Costs. Unless the Proposal specifically states otherwise, Client shall be responsible for arranging for, securing, and paying for any and all permits, fees, licenses, governmental approvals, inspections, bonds, testing, traffic control, detours, pave ment/concrete restorations required in connection with the work specified in the Proposal. Fuel & Materials Surcharges. In the event of a significant increase in the cost of fuel or materials to be utilized by ILM to complete the Project after the date of the Proposal ILM shall have the right to add a reasonable surcharge to the amount due from Client under this Contract to defray the increased fuel and materials expenses it incurs in conducting the work specified in the Proposal. Such materials may include, but shall not be limited to fuel, chemicals, and other supplies/products. Client to be notified in advance of any proposed fuel and materials surcharge and may terminate this contract based upon said increase in clients sole discretion. Warranty. ILM hereby warrants, represents, and undertakes that the work specified in the Proposal shall be conducted and performed in a good and workmanlike manner and in accordance with the description thereof contained in the Proposal and in compliance with all applicable laws, ordinances, and regulations. ILM, at its sole cost and expense, will correct all defects in such work and shall make all necessary repairs, replacements, and corrections thereto, of which notice is given by Client prior to the expiration of one year from the date of completion of such work. Unless TERMS AND CONDITIONS (revised 0911712024 for contracts specific to City of Muskego) specifically specified otherwise in the Proposal, the foregoing is ILM's sole warranty and all other warranties, implied or expressed, are excluded. Client's exclusive remedy shall be for correction of defects a specified in the forgoing warranty and in no event shall Client be entitled to consequential damages regardless of whether the claim is based on warranty, contract and tort or otherwise. Should Client or a third party modify the work conducted by ILM as specified in the Proposal, the forgoing warranty shall be null and void. Client Cooperation. Client shall furnish information or services required of Client as necessary for ILM to conduct the work specified in the Proposal with reasonable promptness. Client shall also furnish any other information or services under the Client's control and relevant to ILM's performance of the work specified in the Proposal with reasonable promptness after receiving the ILM's written request for such information or services. Promotional Use. ILM has the right to photograph and/or videotape the Property and may use such photographs for documentation and promotion without compensation to Client. Insurance. Certificates of insurance are available upon request. If Client requests additional insurance coverages beyond ILM's standard coverages Client shall be responsible for the additional costs of such additional coverages if available. ILM shall provide certificate of insurance for General Liability prior to commencement of work. Right of Entry and Property Ownership. By accepting this Proposal Client represents that they own the property upon which the work specified in the Proposal will be conducted (the "Property") or that they have permission to grant access to the Property and contract for such work on behalf of the owner of the Property. Further, by accepting this proposal Client shall have been deemed to have furnished right -of access to the Property (including both land and water) for ILM staff and its suppliers and contractors to perform fieldwork and investigations necessary to conduct the work specified in the Proposal. Underground Utilities & Damages by Third Parties. Private utilities or equipment not located by 811 Utility Marking System or a similar utility indemnifying service such as the JULIE One call system are to be located and marked by Client and ILM shall not be responsible for damages to, or the repair or replacement of, any unmarked private utilities, electrical radiant heat, sewer, or water lines, equipment or the like. Further, ILM shall not be responsible for any damages to the Property caused by third parties (e.g., other contractors, the Client's invitees, vandalism, etc.) Unknown Conditions. If previous unknown conditions are discovered upon commencement of the work specified in the Proposal ILM reserves the right to cancel or renegotiate this Contract. If ILM elects to cancel the Contract, it will restore the job site as needed and Client shall pay ILM for any time and materials expended prior to the cancellation. Limitation of Professional Liability and Waiver of Subrogation. Client agrees that ILM's liability to Client for damages or injuries resulting from ILM's conduct or the info@ilmenvironments.com I ilmenvironments.com Page 1 of 2 110 Le Baron Street, Waukegan, IL 60085 (847) 244-6662 35 e4i I LM TRUSTED CARE OF LAND & WATER conduct of ILM's subcontractors, suppliers, or agents in connection with the Project shall be limited to the amount of coverage provided by ILM's insurance provider or the insurance providers of ILM's subcontractors, suppliers, or agents. Client and ILM waive all rights of subrogation against each other and any of their subcontractors, suppliers, agents and employees, each of the other for damages caused by fire or other causes of loss to the extent covered by property insurance or other insurance applicable to the work specified in the Proposal. Damages and Non -Target Areas. ILM will make every effort to minimize any damage to areas surrounding the area where the work specified in the Proposal will be conducted ("Non -Target Areas"). Prescribed burning or herbicide applications to tall vegetation or hard to reach areas increase the possibility of damage to Non -Target Areas. Client accepts the inherent risk of damages to Non -Target Areas and ILM shall not be responsible for damages to Non -Target Areas. Further, ILM shall not be obligated to remediate damages to Non -Target Areas unless ILM has specifically agreed to do so in the Proposal. ILM will remediate any damage caused to Non -Target Areas due to ILM's negligence or improper execution of services at no cost to the Client. Client is responsible for the removal and replacement of personal property, improvements, fixtures, appliances, or other obstacles in the area where the work specified in the Proposal will be conducted unless otherwise specified in the Proposal. ILM shall not be responsible for any damages incurred to landscaping or personal property located on the Property of any type due to dust, excavation, seepage, or flooding. Billing and Invoice. Payment for the work specified in the Proposal shall be due to ILM from Client upon completion of the work specified in the Proposal. If the Project requires ILM to incur significant upfront costs for materials ILM reserves the right to require Client to prepay those costs prior to commencement of its work on the Project. TERMS AND CONDITIONS (revised 0911712024 for contracts specific to City of Muskego) Past Due Account Fees. Client shall be obligated to pay ILM a 1.5% per month service charge on all amounts past due under the Contract by more than 30 days. ILM may also pursue measures to suspend work and services to Client under the Contract until accounts are brought current. Client shall reimburse ILM for all costs and expenses, including court costs and reasonable attorney fees, incurred by ILM in enforcing the Contract and collecting any amounts due thereunder. ILM will look only to Client for payment due under the Contract and if Client intends for other entities to share ILM's charges it is Client's responsibility to recoup such costs from such other entities. Any work not completed by others (e.g., contractors not under the control of ILM) shall not delay the payment of amounts due under this Contract. Termination. Either party may terminate the Contract for cause only, upon not less than ten (10) days written notice if the other party fails to substantially perform in accordance with the terms of this Contract through no fault of the terminating party, provided that the terminating party has provided the non -terminating party with written notice of the non-performance and non -terminating party has failed to cure the non-performance within ten (10) days of receipt of the notice. If Client terminates the Contract Client agrees to compensate ILM for all work performed by ILM, and materials utilized by ILM prior to the date of termination. Interpretation and Enforcement. This Contract shall not be modified except by written agreement signed by both Client and ILM. Duties and obligations imposed under this Contract and rights and remedies available hereunder shall be in addition to and not a limitation of duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by ILM shall constitute a waiver of a right afforded under this Contract, nor shall such action or failure to act constitute approval of or acquiescence in a breach hereunder. This Contract constitutes the entire agreement between the parties with respect to the subject matter hereof, and any modification or change will not be effective unless in writing signed by the parties. No party to this Contract shall assign it without the written consent of the other party. This Contract shall be binding upon the Client and ILM, their heirs, successors, and assignees. This Contract shall be governed by Wisconsin law. The venue for resolution of any dispute arising under this Contract shall be Waukesha County Wisconsin. Force Majeure. ILM shall not be considered to be in default or breach of this Contract, and shall be excused from performance or liability for damages incurred by Client, if and to the extent ILM shall be delayed in or prevented from performing or carrying out any of the provisions of this Contract due to any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, vandalism, sabotage, failure of suppliers of materials, act of the public enemy, war, invasion, insurrection, riot, terrorism, civil disorders, strikes, rebellions, revolutions, fire, storm, flood, ice, earthquake, explosion, epidemic, pandemic, virus, disease, breakage or accident to machinery or equipment or any other cause or causes beyond ILM's reasonable control, including any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities. info@ilmenvironments.com I ilmenvironments.com Page 2 of 2 110 Le Baron Street, Waukegan, IL 60085 (847) 244-6662 36 A� RDP CERTIFICATE OF LIABILITY INSURANCE (MM/DDIYYYY) FDATE 17/2024 9/ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: (847)623-0300 Fax (847)623-0988 Kaiser /North Shore Insurance CONTACT Jonathan Tomek NAME: AIC NNo Ext : (847)623-0300 p/C No), ADDRESS: ltomek@pwkalSOr.COm 1400 Sunset Ave Ste #1 INSURER(S) AFFORDING COVERAGE NAIC # Waukegan, Illinois 60087 INSURER A : Axis Surplus Insurance Company 26620 INSURED INSURER B : Erie Insurance Exchange 26271 INSURER C : Arch Specialty Insurance Company 21199 INTEGRATED LAKES MANAGEMENT 110 Le Baron St WAUKEGAN, IL 60085 INSURER D : American Interstate Insurance Company 31895 Acuity, A Mutual Insurance Company INSURER E : y, p y 14184 INSURER F : COVERAGES CERTIFICATE NUMBER:3015 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS `4 ✓ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE � OCCUR V Y SP004459-04-2024 Herbicide/Pesticide and Pollution Included $2,000,000 2/l/2024 2/l/2025 EACH OCCURRENCE $ 2,000,000 DAMAGE TO PREM SES (E. occur ante $ 500,000 -PREMISES MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 � PRO - POLICY LOC PRODUCTS - COMP/OP AGG $ 4,000,000 $ OTHER: B AUTOMOBILE LIABILITY Q02-0140394 2/l/2024 2/l/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 ✓ BODILY INJURY (Per person) $ ANY AUTO Blanket Additional Insured when BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS Y required b written contract or y 9 ✓ PROPERTY DAMAGE Per accident $ HIRED ✓ NON -OWNED AUTOS ONLY AUTOS ONLY agreement C ✓ UMBRELLA LIAB EXCESS LIAB `� OCCUR CLAIMS -MADE Y 12 EMX 055190 08 Umbrella Follows Form 2/l/2024 2/l/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED ✓ RETENTION $ 5,000 $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? I NJ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A Y AVWCIL3243102024 Included when required by written contract or agreement 2/l/2024 2/l/2025 ,/PER STATUTE ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 E Commercial Property BUILDING ZG3226 2/1/2024 2/l/2025 $500D�dtible 2,950,000 COVERAGE 80i CO -INS 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Muskego - Additional Insured CERTIFICATE HOLDER CANCELLATION Holder's Nature of Interest : Additional Insured SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF MUSKEGO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. W 182 S8200 Racine Avenue AUTHORIZED REPRESENTATIVE MUSKEGO, WI 53150 }� T L} r yam' @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 37 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #070-2024 RESOLUTION TO SUPPORT RECEIPT OF GRANT FUNDING State & Local Cybersecurity Grant Program WHEREAS, City of Muskego Information Technology Director became aware of a grant opportunity from Homeland Security and the State of Wisconsin Department of Military Affairs, Division of Emergency Management, for Cyber Security; and WHEREAS, this specific grant is intended to help strengthen cyber security against threats to information systems for state, local, and tribal governments; the grant will improve cyber security posture and help protect networks, systems, and data from cyber threats; and WHEREAS, the Government Assistance Funding was a new competitive grant opportunity available for one-time initiative projects; the City's Cyber Security Program, which was approved in the 2025 budget qualifies as such a project; and WHEREAS, there are no cost share or local match requirements for this funding opportunity as the 10% match for the first year has been waived by FEMA; allowable costs under this grant are limited to two areas, Multi -factor Authentication (MFA) and Managed Detection Response (MDR); and WHEREAS, the City will have no issues completing special conditions required for this grant which include, grant recipients must 1) complete the Nationwide Cybersecurity Review (NCSR) prior to grant close of Year 1 and 2) sign up for free cyber hygiene services through CISA which we have been doing weekly since November of 2019; and WHEREAS, the City of Muskego has been awarded this grant in the amount of $24,317.30 to help improve the City of Muskego's cyber security program; the overall cost of Muskego's Cyber Security Program approved in the 2025 budget is $76,157.30, the grant money will be applied toward the project to reduce the total amount owed by the City of Muskego to $51,840.00. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby support receiving the grant of funding from Homeland Security and the State of Wisconsin Department of Military Affairs, Division of Emergency Management, for Cyber Security in the amount of $24,317.30. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the necessary documents in the name of the City in order to accept the grant and the City Attorney is authorized to make substantive changes to said documents as may be necessary in order to preserve the general intent thereof. 38 Resolution #070-2024 Page 12 BE IT FURTHER RESOLVED that the Mayor is authorized to sign such substantive changes made by the City Attorney. DATED THIS 19th DAY OF NOVEMBER 2024. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #070-2024, which was adopted by the Common Council of the City of Muskego. City Clerk 11 /24cmc 39 &r Cs, of �x, SKEGO Information Technology Department Barbara Loudon Director of Information Technology (262) 679-5589 bloudon@citvofmuskego.org Memo To: Finance Committee/Common Council From: Barb Loudon, Director of Information Technology Date: November 19, 2024 Re: Cyber Security Grant --Awarded This past June, I was notified of a Grant opportunity that was available from Homeland Security and the State of Wisconsin Department of Military Affairs, Division of Emergency Management, for Cyber Security. Security landscapes in all sectors of business are constantly changing to stay current with best practices and enhanced security measures. We, as the City of Muskego, review and update our security policy's constantly. We strive to meet standards, best practices and compliances that are required. Monies from a Grant would help off -set the one-time implementation costs that sometimes can be cost prohibitive for municipalities that have limited funds. This specific Grant is intended to help strengthen Cyber Security against threats to information systems for state, local and tribal governments. This Grant will improve cyber security posture and help protect networks, systems and data from cyber threats. This Government Assistance funding was a new competitive Grant opportunity available for one-time initiative projects. The City's Cyber Security Program, which was approved in the 2025 budget qualifies as such a project. • There are no cost share or local match requirements for this funding opportunity as the 10% match for first year has been waived by FEMA. Allowable costs under this Grant are limited to these two areas: • Limited to MFA (Multi -factor Authentication) • MDR (managed detection response). 40 There are two special conditions that are required for this Grant. We will have no issues with completing these requirements. 1. Nationwide Cybersecurity Review (NCSR) • Grant recipients must complete the Nationwide Cybersecurity Review (NCSR) prior to grant close Year 1. 2. Cyber Hygiene Services • Grant recipients must sign up for free cyber hygiene services through CISAWe have been doing this weekly scan since 11/2019. I am happy to say the City of Muskego has been awarded this Grant in the amount of $24,317.30 to help improve The City of Muskego's cyber security program. • The overall cost of Muskego's Cybersecurity Program, which has been approved in the 2025 budget was $76,157.30. • The Grant money will be applied toward the project to reduce the total amount owed by the City of Muskego to $51,840.00 I respectfully request that you approve the resolution on the agenda tonight to allow the Mayor to accept this Grant on behalf of the City to assist in improving the City of Muskego's Cyber Security Program. Please feel free to contact me prior to the meeting with any questions or concerns, as I am unable to attend. Respectfully Submitted, Director of Information Technology 2 41 WISCONSIN EMERGENCY MANAGEMENT Applicant Hereby Applies to the WEM for Financial Support for the Within -Described Project: WEM USE ONLY Receipt Date Award Date Subgrant Numbers) 7/30/2024 11/8/2024 2022-SLCGP-0113671 SUBGRANT #: 13671 SHORT TITLE: Strengthen City of Muskego Cyber Security �• Type of Funds for which you are applying. State & Local Cybersecurity Grant Program (Fed. 97.137 SLCGP) State & Local Cybersecurity Grant Program (SLCGP): Cycle 1 Funding 2• Applicant Name Of Applicant: County: Waukesha City of Muskego Street Address: W182 S8200 Racine Avenue Address Line 2: Address Line 3: City: Muskego State: WI Zip: 53150-0750 3• Recipient Agencies City of Muskego 4. Signatory Name: Mayor Rick Petfalski Title: Mayor Agency: City of Muskego Street Address: W182 S8200 Racine Avenue Address Line 2: Addr Line 3: City: Muskego State: WI Zip: 53150-0750 Phone: Fax: Email: rpetfalski@muskego.wi.gov 5. Financial Officer Name: Ms. Sharon Mueller Title: Finance director [Agency. Street Address: W182S8200 Racine Avenue Address Line 2: Addr Line 3: City: Muskego State: WI Zip: 53150 Phone: 262-679-5622 Fax: Email: smueller@ci.muskego.wi.us 6• Project Director Name: Barbara Loudon Title: Director of Information Technology Agency: City of Muskego Street Address: W182 S8200 Racine Avenue Address Line 2: Addr Line 3: City: Muskego State: WI Zip: 53150-0750 Phone: 262-679-5589 Fax: Email: bloudon@muskego.wi.gov 7• Brief Summary of Project (Do Not Exceed Space Provided) Short Title (may not exceed 50 characters) Strengthen City of Muskego Cyber Security The City of Muskego's security policy's is constantly striving to meet the ever -changing standards, best practices and compliance that are required of the Public Sector. Monies from this grant would help off -set the one-time implementation costs that sometimes can be cost prohibitive for agencies that have limited funds. This grant would also help us increase the City's security landscape by implementing multi- factor authentication, and setting up an MDR (Managed Detection Response) to help take some burden of the limited City Staff. rev 4.0 - WEM 11/12/2018 11 /14/24 09:10 GV, 8. SubGrant Budget Sources Federal Categories Category Total Equipment 4,448.30 4,448.30 Supplies & operating Expenses 0.00 0.00 Consultants/Contra ctual 19,869.00 19,869.00 Source Total 24,317.30 24,317.30 Project Start Date: 12/l/2024 Project End Date: 8/31/2026 rev 4.0 - WEM 11/12/2018 11 /14/24 09:10 43 lo• Budget Details: Master Budgets: By Recipient Agency Year 1 Total City of Muskego 24,317.30 24,317.30 Total: 24,317.30 24,317.30 Allocation/Recipient Agency: City of Muskego Category: Year 1 Equipment 4,448.30 Total 4,448.30 Consultants/Contractual 19,869.00 19,869.00 Total: 24,317.301 24,317.30 11. Budget Details: Master Budgets: Line Item Details for City of Muskego Briefly describe 2 types of YUBI security keys based on user devices needed. PC's Vs Mac's COST the overall use USB and USB-C of the funds for this budget One time cost category: Item [04HW-01-INHW] - Hardware, Computer, Integrated Description: YUBI Security Keys County Located Waukesha Jurisdiction Located Muskego, City of In: In: Discipline Using: Cyber Security Project Type: Establish/enhance cyber security program Summary: In order to enforce 2FA (Multi -Factor Authentication) we must provide users with a device to accomplish this. These YUBI keys will be the 2 part of the authentication process, after their user name and password. Quantity: 120.00 Unit Cost: 24.9900 Source: Federal 2,998.80 Item [04HW-01-INHW] - Hardware, Computer, Integrated Unit Cost: 28.9900 Source: Federal 1,449.50 rev 4.0 - WEM 11/12/2018 3 11 /14/24 09:10 44 Description: YUBI Security Keys County Located Waukesha Jurisdiction Located Muskego, City of In: In: Discipline Using: Cyber Security Project Type: Establish/enhance cyber security program Summary: In order to enforce 2MF (Multi -Factor Authentication) we must provide the users with a device to ensure their compliance. These are for users with iPads/Macs= as it's a different connection. USB-C, USB Quantity: 50.00 Equipment Year 1 Total: 4,448.30 ANTS/CONT ONSULTANT Briefly describe COST the overall use of the funds for this budget category: Name / Position Heartland Business Systems Service Provided Consulant Time -Help setup 2FA Description of your A block of hours to help setup staff for 2fa use. computation: One time Setup Cost Source: Federal 10,000.00 Consultants/Contractual - Consultant Year 1 Total: 10,000.00 CONSULTAWWCONTRACTUAL - PR ICE Briefly describe COST the overall use of the funds for this budget category: Consultant CDWG Item Annual- MDR -Sentinel One Description of your YEARLY Cost-190 Devices* 6.00/per Device=1140.00 40 servers computation: *21.00= 840.00 MDR Response for total 230 Clients@ 27.00=6,210.00 and Purple Al Assistants -24 hours 230 Devices * 7.30= 1679.00 Source: Federal 9,869.00 Consultants/Contractual - Product/Service Year 1 Total: 9,869.00 rev 4.0 - WEM 11/12/2018 4 11 /14/24 09:10 45 12. Sections: A BUDGET NARRATIVE The maximum allowable award amount per entity is $100,000.00. The budget should demonstrate a clear link to the overall program or project and the proposed budget items. Please attach supporting documentation to the required attachments section to support the funds requested such as quotes, estimates, and calculations. RESPONSE: The submitted budget includes the following costs to help strengthen the City's cybersecurity efforts. YUBI Keys- Hardware token used for 2FA- One time purchase. Keys types are based on users device. PC/iPads/MAC's etc. Total cost- 4,448.30 MDR Solution- We currently run Sentinel One on our endpoints- this would connect with all our endpoints for monitoring. Annual amount 9,869.00. Consultants time- a block of time to have a consultant on site to help the limited I.T. staff setup and deploy these solutions. - One time cost- $10,000 BUDGET NARRATIVE - RELATED ATTACHMENTS: File Name Cost Breakdown for Grant.xlsx Implementation Schedule.xlsx Muskego-Yubi Key.pdf Sentinel One MDR.pdf B AGENCY PROFILE File Description Cost Breakdown Grant Implemenation Schedule Hardware-YUBI Key Quote Muskego-MDR-Sentinel One Provide your entity type: county, tribe, municipality, school district, utility, or other public entity. If other public entity, please specify the entity type. RESPONSE: The City of Muskego has a population of 25,271 and is located in the south west end of Waukesha County. Muskego contains 3 lakes and a combination of both rural farmlands mixed with urban developments. This gives Muskego community a sparse suburban feel. AGENCY PROFILE - RELATED ATTACHMENTS: File Name File Description rev 4.0 - WEM 11/12/2018 5 11 /14/24 09:10 C COMMUNITY PROFILE Is the applicant a rural community? A rural community is defined in 40 U.S.C. 5302(17) as "an area encompassing a population of less than 50,000 people that has not been designated in the most recent decennial census as an "urbanized area" by the Secretary of Commerce." RESPONSE: No COMMUNITY PROFILE - RELATED ATTACHMENTS: File Name File Description D PROJECT NARRATIVE Describe your program or project in detail, including what objectives will be accomplished. Your narrative must address the following questions: 1.Desktop/Laptop Operating System: Please provide the type and version (i.e., Microsoft, Apple, Linux, multiple, other/unknown). 2.Estimated number of users for multi -factor authentication (MFA). Estimated number of computing devices and types (servers, computers, smart phones, tablets, etc.) for managed detection and response (MDR) endpoint security services (ESS). RESPONSE: The grant proposal aims to establish a comprehensive Two -Factor Authentication (2FA) implementation and MDR (Managed Detection and Response) solution across our organization. Here's a detailed description of the program: Project Overview The City of Muskego recognizes the critical need for enhanced cybersecurity measures, particularly in safeguarding sensitive data and protecting user accounts from unauthorized access. As security standards change, it often comes with an upgraded cost, which municipalities can't afford. The City is looking at updating three areas of our security practices. Two -Factor Authentication (2FA) provides an additional layer of security beyond traditional password mechanisms by requiring all 132 users to provide a second form of verification. The chosen MDR solution is our current ERD (Endpoint Detection Response) provider. They offer advanced detection and response, 24/7 monitoring, employee security experts, help with mitigation, meet compliance and regulatory requirements, and improve and adapt in changing security landscape. Adding a password manager. This should be looked at as security tool. In today's digital age, users have numerous online accounts, across various platforms. A password manager fits within a security plan, it provides stronger, longer and more complex passwords for accounts. This would also prevent a single compromised password that maybe used for multiple accounts. Objectives: Implementation of 2FA: rev 4.0 - WEM 11/12/2018 C. 11 /14/24 09:10 The primary objective is to implement 2FA across all 145 workstations, 46 laptops, 22 iPad and 47 servers. When we implement 2FA, we aim to significantly enhance the security for our City. This measure will help reduce the risk of unauthorized access, even if passwords are compromised, thereby protecting both organizational data and user accounts. To accomplish this goal, we will purchase Microsoft Licensing that will allow us to use 2fa on all our systems. This licensing change (software) in conjunction with the YUBI keys (hardware), will be our outline of 2FA. Once workstations, and YUBI keys are working, we will start to work with vendors to turn this feature on all remaining software, where possible. In order to ensure success with this new 2fa integration, we will do testing on all platforms, and make sure to minimize daily workflows. We will train users, by dept, about 2fa and the importance of this added security step. Implementing 2FA is a crucial step towards strengthening our organization's cybersecurity defenses. By securing our systems with an additional layer of authentication, we not only protect our data but also demonstrate our commitment to maintaining the trust and confidence of our stakeholders. This grant will enable us to achieve these objectives effectively and sustainably. MDR Svstem The MDR system, will be coordinated with software provider, to ensure correct setup. This should have little to no impact on users during this phase. Upon implementation, we will review reports and have a better understanding of our users and the City's security landscape. The City does it's best with the limited I.T staff, so having an MDR is helpful in this ever -changing landscape. MDR is essential because it provides organizations with advanced threat detection, continuous monitoring, rapid incident response, access to expert cybersecurity talent, compliance support, and the ability to focus on core business activities while staying resilient against evolving cyber threats. Password Manger The City of Muskego's password manager implementation would be setup after the initial 2fa is completed on all devices. Our team will work with departments to setup training, and help users understand how to setup accounts and use features within this software. We would help user's setup YUBI Keys for enhanced password protection on these accounts. Project Plan• Phase 1: Preparation and Planning • Review quotes/sign proposals • Assess current systems and identify order of Dept. for 2FA/MDR implementation. • Develop a detailed implementation plan Phase 2: Implementation/Training/Education • Roll out 2FA across identified Departments in a phased approach to minimize disruption. • Provide technical support and assistance to users during the initial setup phase. • Monitor implementation progress and address any technical challenges. • Provide instructional materials and resources for users to reference. • Offer ongoing support to address user questions and concerns. Phase 3: Evaluation and Adjustment • Evaluate the effectiveness of 2FA implementation through security incident reports. rev 4.0 - WEM 11/12/2018 7 11 /14/24 09:10 48 • Gather feedback from staff to identify areas for improvement. • Make necessary adjustments to policies, procedures based on findings. Expected Outcomes: Upon completion of the project, the City of Muskego expects to achieve the following outcomes: • Upgraded protection against unauthorized access to sensitive information. • Increased user awareness and adoption of 2FA as a standard security practice for the City of Muskego. • Enhanced overall cybersecurity posture, reducing the possibility of successful cyberattacks. • Improved resilience to phishing attacks and password -based breaches. Conclusion: Increased cybersecurity is becoming crucial in our daily lives to protect sensitive data, prevent unauthorized access, and mitigate the impact of cyber threats. This grant will help with some of these key security measures: Strong Password Management: Using a password manager to help create and store complex, unique passwords for each account. Multi -Factor Authentication (MFA): Implement MFA to add an extra layer of security beyond passwords, reducing the risk of unauthorized access on endpoints within organization. MDR Solutions: Helping monitor security landscape when staffing is limited in an organization. Communicating areas of concern and keeping up-to-date on the newest threats in the wild. By adding these cybersecurity measures, the City of Muskego can improve our resilience against cyber threats, safeguard our networks, and maintain trust with employees in an ever changing digital landscape. PROJECT NARRATIVE - RELATED ATTACHMENTS: File Name File Description E PROGRAM SUSTAINABILITY Describe your plan for continuing critical services when federal funds are no longer available. RESPONSE: The City has a long-standing commitment to the planning process, as reflected in our current budgeting planning, which emphasizes sustainability and identifies the resources needed to continue our work in the future. If awarded this grant, the funding would be as follows: Hardware: The YUBI keys would be a one-time cost, to get all employees compliant. After this initial period, we do not hire many staff (yearly) and the ongoing costs would be minimal to maintain and would be coverer by our office supply budget. YUBI keys can be reused if needed, (when employees leave) so the future cost is anticipated to be very minimal. 2MFA: In order to complete the 2FA on all endpoints within the City, we would need licensing from Azure. We would also need Hello for Business which is offered by Microsoft Office 365 by subscription. The licensing fees to maintain the 2MFA on the endpoints would be accounted for in our operational expenses. These fees would be an increase to our current budget, however, with this implementation, we rev 4.0 - WEM 11/12/2018 8 11/14/24 09:10 49 may be able to move some services to the cloud (which is included in this licensing). If we can move these services to the cloud, it will allow us to eliminate the maintenance of some equipment on site and eliminate the annual costs for maintaining these systems. For example- On Premise Exchange could be moved to the cloud, as email is part of this licensing. With this licensing model, we can review more value-added applications for cost savings in order to see what other services/servers we could consolidate to the cloud while leaving the on -premise environment and added annual costs. Allowing us to review the difference of these amounts so we can plan for this in the future. MDR Solution funding: This award would give us time to evaluate the usefulness of the tool, and services it provides. This will help us to determine our current security landscape and help us make future recommendations regarding department staffing, and other security recommendations. This would be with our current provider that we have our EDR (extended detection response) solution with for easier deployment and combined cost savings. Keeper Password Manger: The City of Muskego would like to be a leader in the local government industry by getting a password manager in our environment. Following our security plan, we will soon require staff to increase the length and complexity of passwords which aligns with new standards and best practices for network resources As public employees, we access many sites on a daily basis. Many of these sites are changing the length, complexity, and shorting time of passwords. They are starting to implement 2fa on their sites and many users reuse passwords across sites, or just change a number/letter or symbol if allowed. If their account was breached, it would not take to long for bad actors to reverse engineer passwords. With a password manager, they could generate a new and complex password, that they do not have to remember. The user would just need to remember one master password. Deploying a password manager in our environment would be beneficial for many reasons these include: • Protecting against passwords getting comprised as they are not strong enough by helping meet complexity requirements. • Ease user frustration when meeting all different password complexities for different sites. • Easily accessible via anywhere • Zero Trust • Integrates with YUBI Keys for added layer of protection The City of Muskego produces services essential to everyday life. Security of our data is critical. We are seeking this grant to improve the security of our operation by ensuring our staff maintain secure and unique passwords. This grant will allow us to implement a password manager tool that will improve security and protect our systems from attacks. These funds will immediately improve the security of our data while also creating secure access to sites required in the operation of services. PROGRAM SUSTAINABILITY - RELATED ATTACHMENTS: File Name File Description rev 4.0 - WEM 11/12/2018 �7 11 /14/24 09:10 50 F PROJECT TYPE Select what your project type below. Eligible projects activities include Multi -Factor Authentication (MFA), Managed Detection and response (MDR), or both activities. Multi -factor authentication (MFA) is a workforce service that requires users to provide two or more credentials tc verify their identity. MFA adds an extra layer of security by providing strong authentication for your cloud, web - based, on -premises, SaaS, and IaaS applications. Managed Detection and Response (MDR) services provide customers with remotely delivered, human -led turnkey security operations center functions by delivering threat disruption and containment. RESPONSE: Both PROJECT TYPE - RELATED ATTACHMENTS: File Name File Description G ORGANIZATIONAL STRUCTURE AND RESOURCES Is this a multi -entity application? If so, please upload to the "Required Attachment" section one or more additional pages that list the name and type of all participating entities. Make sure to identify which participating entities (if any) are rural. RESPONSE: No ORGANIZATIONAL STRUCTURE AND RESOURCES - RELATED ATTACHMENTS: File Name File Description rev 4.0 - WEM 11/12/2018 10 11 /14/24 09:10 51 H EVIDENCE OF NEED Describe the urgency of implementing the project and potential impacts if it does not proceed. If the applicant has had a cybersecurity vulnerability scan, please upload the results to the "Required Attachment" section in Egrants. Also include information on impacts from previous cyber incidents; how this investment will address any unmet time -sensitive legal mandates or audit findings; and/or current use of unsupported systems in need of modernization. RESPONSE: The City of Muskego's current risks are malware, phishing attacks, ransomware, and potential data breaches. Over the years,the City of Muskego has tried to meet and implement best practices in cybersecurity. The City began using the CISA scanning since 2020. Through the years these scans have identified issues for our external environment. When this happens, we have tried to address all issues within a reasonable time frame. The City has upgraded to Next Gen firewalls, changed ERD vendors and have started security training for staff on a monthly basis. The funding from this grant would help us launch the next step in our security path for our endpoints, the implementation of 2fa and a managed detection solution. Attached is the lasted scan from CISA dated July 25,2024 EVIDENCE OF NEED - RELATED ATTACHMENTS: File Name File Description Muskego 07252024.pdf CISA Scan Muskego I IMPLEMENTATION PLAN Label project benchmarks by month. For example, Month 1 — Accept grant award, Month 2 — solicit bids for work, Month 3 — execute contract for work, etc. You may upload your implementation schedule to the "Required Attachment" section in Egrants. RESPONSE: Please see uploaded document for the implementation schedule. IMPLEMENTATION PLAN - RELATED ATTACHMENTS: File Name File Description rev 4.0 - WEM 11/12/2018 11 11 /14/24 09:10 52 J REQUIRED ATTACHMENTS Please upload the following documents to your application in this section (if needed): • Quotes, estimates, calculations to support your budget request. • Multi -entity application information. • Implementation schedule • Cybersecurity vulnerability scan. • Other attachments, as needed or desired. RESPONSE: The following documents have been uploaded: Hardware quote- YUBI Keys Software Quote- Licensing Azure- 2FA MDR quote Keeper Quote Implementation Schedule Recent CISA Scan REQUIRED ATTACHMENTS - RELATED ATTACHMENTS: File Name File Description rev 4.0 - WEM 11/12/2018 12 11 /14/24 09:10 53 15• Attachments: List of Attachments required for submission of this Application for funding: Section: Budget Narrative File Name File Description Cost Breakdown for Grant.xlsx Cost Breakdown Implementation Schedule.xlsx Grant Implemenation Schedule Muskego-Yubi Key.pdf Hardware-YUBI Key Quote Sentinel One MDR.pdf Muskego-MDR-Sentinel One Section: Evidence of Need File Name File Description Muskego 07252024.pdf CISA Scan Muskego rev 4.0 - WEM 11/12/2018 13 11 /14/24 09:10 54 STATE OF WISCONSIN DEPARTMENT OF MILITARY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT Phone: 608-242-3000 P.O. Box 7865 - Madison, WI 53707-7865 wem.wi.gov November 6, 2024 Barbara Loudon, Director of Information Technology City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150-0750 To Whom It May Concern: dma.wi.gov RE: State & Local Cybersecurity Grant Program/Strengthen City of Muskego Cyber Security WEM Grant Number: 2022-SLCGP-01-13671 Dear Barbara Loudon: Congratulations! Wisconsin Emergency Management has approved a grant award to City of Muskego in the amount of $24,317.30. These funds are from WEM's State & Local Cybersecurity Grant Program available through the State of Wisconsin. This grant supports the City of Muskego State & Local Cybersecurity Grant Program/Strengthen City of Muskego Cyber Security project. As Project Director, you will be responsible for seeing that funds are administered according to the approved application materials in Egrants; all requirements, including reporting, outlined in the Funding Announcement; Terms and Conditions; and enclosed Grant Agreement. To accept this award, have the Authorized Official review and sign the award agreement and the federal assurances, Exhibit E of this packet. Once signed, return one copy to WEM via email to marc.couturierCa)-widma.gov , and keep a copy for your records. Please reach out to the WEM Grant Manager, Marc Couturier, with any questions regarding your grant and responsibilities. We look forward to a collaborative working relationship with you. Sincerely, Greg Engle, Administrator Wisconsin Emergency Management 55 State & Local Cybersecurity Grant Program (SLCGP): Cycle 1 Funding State & Local Cybersecurity Grant Program/Strengthen City of Muskego Cyber Security 2022-SLCGP-01-13671 This subaward grant agreement (Agreement) is made by and between the Wisconsin Department of Military Affairs, Division of Emergency Management (WEM) and City of Muskego (the Grantee) to establish the obligations the Grantee must assume in exchange for an award of funds in the amount of $24,317.30 for the State and Local Cybersecurity Grant Program. WEM and City of Muskego are referred to individually as a Party and collectively as the Parties. RECITALS WHEREAS, WEM is authorized to make funds (Grant Funds) available under the State & Local Cybersecurity Grant Program as described in the Notice of Funding Opportunity; and WHEREAS, the Grantee applied to WEM for Grant Funds; and WHEREAS, WEM has approved the application and the Grantee desires to accept the Grant Funds; NOW THEREFORE, in consideration of the mutual promises set forth below and other considerations, the Parties agree as follows. TERMS AND CONDITIONS 1. The Recitals are incorporated by reference in this Terms and Conditions section of the Agreement. 2. The Notice of Funding Opportunity (NOFO) including all Terms and Conditions as provided or referenced, and the obligations set forth in them are made part of this Agreement by reference. 3. The submitted application as approved by WEM in Egrants is incorporated by reference in the Terms and Conditions section of this Agreement. 4. The Grantee shall administer the programs or projects within the grant period for which this grant is awarded and referenced in Exhibit A, in accordance with the applicable rules, regulations, limitations, and conditions set forth in Exhibit B, Exhibit C, Exhibit D, and Exhibit E, which are made part of this Agreement by reference. 5. The individuals executing this Agreement represent that they have the authority to sign this Agreement on behalf of and bind their respective Parties. THE PARTIES, BY THE SIGNATURES BELOW, AGREE THAT THEY HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND TO BE BOUND BY THEM. Grantee Wisconsin Department of Military Affairs, Division of Emergency Management City of Muskego (WEM) Greg Engle WEM Administrator 11 /8/2024 Date Rick Petfalski Mayor Date 56 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit A — Approved Award Funding Authorization Information Funding authorization: The Department of Homeland Security as authorized by section 2220A of the Homeland Security Act of 2002, as amended (Pub. L. No. 107-296) (6 U.S.C. § 665g) Assistance Listing Number (ALN) or State Identification Number: 97.137 Federal Award Identification Number (FAIN): EMW-2022-CY-00053 Federal Award Date: 12/1/2022 Funding Award Description: The Infrastructure Investment and Jobs Act (IIJA) established grant funding through the State and Local Cybersecurity Grant Program (SLCGP) to award grants to eligible entities to address cybersecurity risks and cybersecurity threats to information systems. The SLCGP provides funding to state, local, and tribal governments to improve their cybersecurity capabilities. Administered through the federal Department of Homeland Security's (DHS) Cybersecurity and Infrastructure Security Agency (CISA), the program aims to help state, local, and tribal governments improve their cybersecurity posture and better protect their networks, systems, and data from cyber threats. Notice of Funding Opportunity: State & Local Cybersecurity Grant Program (SLCGP): Cycle 1 Funding Project Director: Barbara Loudon, Director of Information Technology; City of Muskego Project Summary: The City of Muskego's security policy's is constantly striving to meet the ever -changing standards, best practices and compliance that are required of the Public Sector. Monies from this grant would help off -set the one-time implementation costs that sometimes can be cost prohibitive for agencies that have limited funds. This grant would also help us increase the City's security landscape by implementing multi- factor authentication, and setting up an MDR (Managed Detection Response) to help take some burden of the limited City Staff. Approved Award Budget Budget Cost Category Personnel Fringe Benefits Travel (Including Training) Equipment Supplies & Operating Expenses Consultants/Contractual Other Indirect Local Match Subaward $4,448.30 $19,869.00 57 Sum $24,317.30 TOTAL APPROVED BUDGET $24,317.30 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit B - Special Conditions and additional monitoring. Grantee: City of Muskego Award Date: November 6, 2024 ......... ....... ......... ......... .......... Project Title: State & Local Cybersecurity Grant Program/Strengthen City of Muskego Cvber Securitv Grant No.: 2022-SLCGP-01-13671 1. Nationwide Cybersecurity Review (NCSR) Grant recipients must complete the Nationwide Cybersecurity Review (NCSR) prior to grant close Year 1 and then annually for each year funding is approved. The NCSR is available each year from October through February at https://www.cisecurity.org/ms-isac/services/ncsr. 2. Cyber Hygiene Services Grant recipients must sign up for free cyber hygiene services through CISA: https://www.cisa.gov/cyber-hygiene-services. 58 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit C — Acknowledgement Notice Recipient: City of Muskego ACKNOWLEDGEMENT NOTICE Date: November 01. 2024 Grant No. 2022-SLCGP-01- 13671 Project Title: State & Local Cybersecurity Grant Program/Strengthen City of Muskego Cyber Security The following regulations and obligations (referenced below) apply to your grant award. ®PROGRESS REPORTS must be submitted on a scheduled basis into the Egrants system. Narrative reports on the status of your project are due on: 1/12/2025 1/12/2026 4/12/2025 4/12/2026 7/12/2025 7/12/2026 10/12/2025 9/30/2026 Final PROGRESS Quarterly Reports due 04/12 include January, February and March program activity. REPORTS NOTE: Quarterly Reports due 07/12 include April, May and June program activity. Quarterly Reports due 10/12 include July, August and September program activity. Quarterly Reports due 01/12 include October, November and December program activity Reimbursements and grant modifications will be held if there are late program reports. ®FINANCIAL REPORTS must be submitted on a scheduled basis into the Egrants system. The Egrants job aid "Submitting a Fiscal Report" may be found at hops://dma.wi.gov/DMA/wem/grants/admin-tools. Financial reports on the status of your project are due in Egrants on: 1/12/2025 1/12/2026 4/12/2025 4/12/2026 7/12/2025 7/12/2026 10/12/2025 9/30/2026 Final ZINVENTORY REPORT should reflect final inventory in your records. All equipment purchases must be received, paid for, installed, and deployed before submitting report. Report is due in Egrants on or before: Final ❑ Complete and return a W-9 Taxpayer Identification Number Verification Form (enclosed). ❑ OTHER: ACKNOWLEDGEMENT The materials referenced above were received and reviewed by the appropriate members of this organization. I also acknowledge receipt of the Grant Award and any attached Special Conditions. I understand that this grant is awarded subject to our compliance with all Conditions, Regulations, and Obligations described in the above materials. , Project Director 59 60 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit D — DMA/WEM Standard Terms & Conditions Article I. Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients and subrecipients must comply with any such requirements set forth in the program NOFO. Article II. Compliance with Award Terms and Conditions Submission of an application constitutes the recipient's agreement to comply with and spend funds consistent with all the terms and conditions of this award. If DMA, WEM determines that noncompliance by the recipient cannot be remedied by imposing additional conditions, WEM may take one or more of the following actions, as appropriate in the circumstances: (a) Temporarily withhold cash payments pending correction of the deficiency by the recipient. (b) Disallow all, or part of the cost of the activity or action not in compliance. (c) Wholly or partly suspend or terminate the award. (d) Initiate suspension or debarment proceedings as authorized under 2 CFR part 180. (e) Withhold further Federal awards for the project or program. (f) Take other remedies that may be legally available. Article III. Recipient Responsibilities In accepting this financial assistance award (grant or cooperative agreement), the recipient assumes legal, financial, administrative, and programmatic responsibility for administering the award in accordance with the laws, rules, regulations, and Executive Orders governing grants and cooperative agreements, and these Award Terms and Conditions, including responsibility for complying with any provisions included in the award. Article IV. Order of Precedence Any inconsistency or conflict in the terms and conditions specified in this award will be resolved in accordance with the term or condition that is the stricter of the two. Article V. Adherence to Original Project Objectives and Budget Estimates The recipient is responsible for any commitments or expenditures it incurs in excess of the funds provided by an award. Pre -award costs are those incurred prior to the effective date of the award directly pursuant to the negotiation and in anticipation of the award where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the award, and only with the written approval of the program authorizing official or delegate. Article VI. Acceptance of Post Award Changes In the event DMA determines that changes are necessary to the award agreement after an award has been made, including changes to period of performance or terms and conditions, subrecipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Article VII. Prior approval and modifications All activity and the corresponding incurred expenses must be approved and have a fully executed award agreement prior to conducting the activity and/or incurring the expense unless otherwise stated in the Notice of Funding Opportunity (NOFO). The following require WEM's advanced written approval: i. Changes to key personnel ii. Changes to the grant period must be submitted prior to the approved end date of the grant. iii. Changes to the scope, objectives, performance measures and intent of the approved award. iv. Changes to the budget that do not fall within a change to the scope or objective but exceeds the approved budget categories by ten percent (10%) of the total award. WEM will notify the subrecipient in writing within 30 calendar days after receipt of the request for revision or adjustment whether the request has been approved. Upon approval, WEM will issue a signed Grant Adjustment Notification (GAN). All changes are not officially approved until the GAN is received by the subrecipient. Article Vill. Allowable activity and costs Only activity and expenses that are approved within the approved award's application may be allowable for reimbursement by grant funds. All approved costs must be allowable, allocable, necessary and reasonable. To be allowable under a grant program, costs must match the sub-grant's approved award and must comply with the following: (a) Be incurred and obligated (purchase order issued, class scheduled) within the performance period. (b) If incurred within the performance period, payment must be made within 30 days of the grant period end date and prior to submitting a request for reimbursement. 61 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit D — DMA/WEM Standard Terms & Conditions Article IX. Project Income All income generated as a direct result of a grant -funded project shall be deemed project income. Project income must be used for the purpose and under the conditions applicable to the award. Project income should be used as earned and accounted for in your reimbursement request. Article X. Duplication of Benefits Any cost allocable to a particular financial assistance award provided for may not be charged to other financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude subrecipients from shifting costs that are allowable under two or more awards in accordance with existing statutes, regulations, or the financial assistance award terms and conditions. Article XI. Procurement Recipients and subrecipients shall use their own procurement procedures and regulations, provided that the procurement conforms to applicable Federal, state, local, and tribal laws and procurement standards. Under Wis. Stat. § 16.73, the State of Wisconsin's Department of Administration (DOA) is able, upon request, to provide technical purchasing information such as standard forms, manuals, product specifications, standards, and contract templates. Article XII. Travel expenses Recipients and subrecipients shall use their own travel policy and procedures, provided that the policy and procedure conform to applicable state law and federal law if not otherwise stated in the Notice of Funding Opportunity. Article XIII. Equipment and supplies Equipment and supplies must be received and placed into inventory before the end date of the grant. All personnel who utilize equipment purchased with funds from this grant must receive training either through the equipment vendor or other competent source specific to that piece of equipment before it is put into service. The sub -recipient is required to maintain proper training and inventory records for the appropriate retention period. Article XIV. Acknowledgement of Funding from WEM Recipients and Subrecipients must acknowledge their use of funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with grant funds. Article XV. Payments and closeout Grant funds will be paid on a reimbursement basis only and disbursed by WEM upon completion of and approval of all monitoring requirements including Program Report(s), Fiscal Report(s), and satisfaction of Special Conditions as well as verification to the best of WEM's ability that all terms, conditions and requirements have been met. If DMA/WEM determines that payment to the subrecipient was not proper after the payment has been made, WEM will notify the subrecipient of recoupment in writing in which the subrecipient has 30 days to repay WEM or appeal the decision. Article XVI. Monitoring (a) Subrecipients must complete all required reporting and special conditions as stated in the NOFO, in the grant management system (Egrants), and upon the request of WEM officials. (c) Subrecipients must submit timely, complete, and accurate reports to the appropriate WEM officials and maintain appropriate backup documentation to support the reports for the appropriate retention period. (d) Subrecipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. Article XVII. Best Practices forCollection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. Wis. Stats. § 19.62 (5) Personally Identifiable Information (PII) means information that can be associated with a particular individual through one or more identifiers or other information or circumstances. This includes, but is not limited to, Driver License Numbers, Social Security Numbers, Addresses, Telephone numbers, Credit Card information and/or bank account information. 62 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit D — DMA/WEM Standard Terms & Conditions Article XVIII. Maintaining, retaining and access to records All recipients, subrecipients, successors, transferees, and assignees must comply with applicable provisions governing access to records, accounts, documents, information, facilities, and staff. (a) Subrecipients must maintain official grant records of all grant related activity, adherence to grant requirements, and grant funded costs. This includes but is not limited to documentation of actual time and effort of any personnel, materials, supplies, travel expenses, inventory records, management of assets, rational and justification to support any split allocation of costs, and any other records that support the allowability of expenditures of grant funds. (b) Subrecipients must cooperate with any compliance reviews or compliance investigations conducted by the State of Wisconsin, Department of Military Affairs and/or Wisconsin Emergency Management. (e) Subrecipients must give access to examine and copy records, accounts, and other documents and sources of information related to the financial assistance award and permit access to facilities or personnel. Article XIX. Nondiscrimination In connection with the performance of work under this agreement the grantee agrees not to discriminate against any employee or grantee for employment because of age, race, religion, color, handicap, sex, physical condition, or developmental disability as defined in Wis. Stats. § 51.01(5), arrest or conviction record, sexual orientation, as defined in Wis. Stat. § 111.32(13m), or national origin, or ancestry, or marital status. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation, and selection for training, including apprenticeship. Except with respect to sexual orientation, the Grantee further agrees to take affirmative action to ensure equal employment opportunities. The Grantee agrees to post in conspicuous places, available for employees and Grantees for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause. The recipient shall comply with Section 504, rehabilitation Act of 1973 which prohibits discrimination on the basis of a physical condition or handicap and the Age Discrimination Act of 1975, which prohibits discrimination because of age. Article XX. Liability The State of Wisconsin and the Department of Military Affairs, Wisconsin Emergency Management, its agents and employees shall not be liable to the subrecipient, or to any individuals or entities with whom the subrecipient contracts for any direct, indirect, incidental, consequential, or other damages sustained or incurred because of activities, actions or inactions on the part of the subrecipient for services rendered pursuant to the Award Agreement. The subrecipient agrees to indemnify and save and hold the Department of Military Affairs, Wisconsin Emergency Management, its agents and employees harmless from all claims or causes of action arising from the performance of this award by the subrecipient or subrecipient's agent or employees. Article XXI. Establishment of safeguards The recipient shall ensure the establishment of safeguards to prevent employees, consultants, or members of the governing bodies from using their positions for purposes that are, or give the appearance of being, motivated by a desire for private gain for themselves or others, such as those with whom they have family, business, or other ties as specified in Wisconsin Statutes § 946.10 and § 646.13. Article XXII. Termination of Agreement. Any termination of this grant award shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. This grant award may be terminated in whole or in part as follows: (a) DMA/WEM may terminate this grant award at any time for cause by delivering thirty (30) days written notice to the recipient. Upon termination, the awarding agency's liability will be limited to the pro rata cost of the services performed as of the date of termination plus expenses incurred with the prior written approval of the awarding agency. (b) DMA/WEM may terminate this grant award at will effective upon delivery of written notice to the recipient, under any of the following conditions: (i) If the awarding agency's funding from federal, state, or other sources is not obtained and/or continued at levels sufficient to allow for purchases of the indicated quantity of services, the grant may be modified to accommodate a reduction or increase in funds. (ii) If federal or state laws, rules, regulations, or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this grant or are no longer eligible for the funding proposed for payments by this grant. (iii) If any license or certification required by law or regulation to be held by the recipient to provide the services required by this grant award is for any reason denied, revoked, or not renewed. 63 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit E — DHS Standard Terms and Conditions Article I - Summary Description of Award The purpose of the Fiscal Year 2022 State and Local Cybersecurity Grant Program (SLCGP) is to assist state, local, and territorial (SLT) governments with managing and reducing systemic cyber risk. Through funding from the Infrastructure Investment and Jobs Act, also known as the Bipartisan Infrastructure Law, the SLCGP enables DHS to make targeted cybersecurity investments in SLT government agencies, thus improving the security of critical infrastructure and improving the resilience of the services SLT governments provide their community. This SLCGP award provides funding in the amount of: $3,794,514 for the state of Wisconsin. Of this amount, up to $189,725 can be retained by the State Administrative Agency (SAA) for management and administrative expenses, and a total of $421,613 is the required cost share. The terms of the approved Investment Justification(s) and Budget Detail Worksheet(s) submitted by the recipient are incorporated into the terms of this Federal award, subject to the additional description and limitations stated in this Agreement Article and the limitations stated in subsequent reviews by FEMA and CISA of the award budget. Post -award documents uploaded into ND Grants for this award are also incorporated into the terms and conditions of this award, subject to any limitations stated in subsequent approvals by FEMA and CISA of changes to the award. Investments not listed in this Agreement Article are not approved for funding under this award. Article II - SLCGP Performance Goal In addition to the Performance Progress Report (PPR) submission requirements due January 30, outlined in NOFO Appendix A-11, recipients must demonstrate how the grant -funded projects address the capability gaps identified in their Cybersecurity Plan or other relevant documentation or sustains existing capabilities per the CISA-approved Investment Justification. The capability gap reduction or capability sustainment must be addressed in the PPR, Section 10. Performance Narrative. Article III - Cybersecurity Plan Pending Submission and Approval FEMA has placed a funding hold on $3,744,514 in the FEMA financial systems. The recipient is prohibited from obligating, expending, or drawing down these funds. To release this hold, the recipient is required to submit a Cybersecurity Plan for approval by CISA. Please contact CISA at SLCGPInfo@cisa.dhs.gov to receive further guidance on the steps required for Cybersecurity Plan approval. If you have questions about this funding hold or believe it was placed in error, please contact your FEMA GPD Headquarters Preparedness Officer, Essence Cleveland at Essence.Cleveland@fema.dhs.gov. Article IV - Committee Membership List Pending Submission or Approval FEMA has placed a funding hold on this award, and the amount of $3,744,514 is on hold in the FEMA financial systems. The recipient is prohibited from obligating, expending, or drawing down funds until the Committee Membership List is submitted and approved. To release this hold, the recipient is required to submit the Committee Membership List, and receive approval of the Membership List from CISA. Please contact CISA at SLCGPInfo@cisa.dhs.gov to receive further guidance on the steps required to release this hold. If you have questions about this funding hold or believe it was placed in error, please contact your FEMA GPD Headquarters Preparedness Officer, Essence Cleveland at Essence.Cleveland@fema.dhs.gov. Article V - Funding Hold: Indirect Cost Rate Information Required FEMA has placed a funding hold on this award, and $23,062.00 budgeted for indirect costs is on hold in the FEMA financial systems. The recipient is prohibited from obligating, expending, or drawing down the funds identified in this Article. To release the funding hold, the recipient must provide a fully executed indirect cost rate agreement negotiated between the recipient and its cognizant Federal agency or a proposal. If the recipient does not have a current indirect cost agreement or proposal, or if the recipient wants to charge the de minimis rate or use a cost allocation plan, the recipient must contact the relevant Preparedness Officer or Grants Management Specialist for further instructions. If you believe this funding hold was placed in error, please contact the relevant Program Analyst or Preparedness Officer or Grants Management Specialist. Article VI - DHS Standard Terms and Conditions Generally The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions apply to all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations. All legislation and digital resources are referenced with no digital links. 64 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit E — DHS Standard Terms and Conditions The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fv15-dhs-standard-terms-and-conditions. Article VII - Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances - Non -Construction Programs, or OMB Standard Form 424D Assurances - Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. Il. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R.section170.315, certify that their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article VIII - General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass -through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs-civil-rights- evaluatinn-tnnl_ The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. Article IX - Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 65 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit E — DHS Standard Terms and Conditions Article X - Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article XI - Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, section 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XII - Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. sections 12101 - 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article XIII - Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article XIV - Civil Rights Act of 1964 - Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. section 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article XV - Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. section 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units - i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) - be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article XVI - Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XVII - Debarment and Suspension Recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XVIII - Drug -Free Workplace Regulations Recipients must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government -wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (41 U.S.C. sections 8101-8106). Article XIX - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, 66 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit E — DHS Standard Terms and Conditions Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XX - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. section 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article XXI - Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. section 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XXII - False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. sections 3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. sections 3801-3812, which details the administrative remedies for false claims and statements made.) Article XXIII - Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A- 129.) Article XXIV - Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government. Article XXV - Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. section 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. Article XXVI - Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a. Article XXVII - John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. sections 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute - as it applies to DHS recipients, subrecipients, and their contractors and subcontractors - prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons. Article XXVIII - Limited English Proficiency (Civil Rights Act of 1964 - Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. section 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English 67 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit E — DHS Standard Terms and Conditions proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance-published-help-department-supported-organizations-provide-meaningful- access-people-limited and additional resources on httD://www.leD.aov. Article XXIX - Lobbying Prohibitions Recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article XXX - National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. section 4321 et seq.) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXXI - Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article XXXII - Non -Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XXXIII - Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XXXIV - Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. section 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XXXV - Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. section 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XXXVI - Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93- 112 (1973) (codified as amended at 29 U.S.C. section 794), which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 68 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit E — DHS Standard Terms and Conditions Article XXXVII - Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXVIII - Reporting Subawards and Executive Compensation Reporting of first tier subawards: Recipients are required to comply with the requirements set forth in the government -wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XXXIX - Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act Sections 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. See also Office of Management and Budget (OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States --this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States --this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or 69 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit E — DHS Standard Terms and Conditions (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the Federal Emergency Management Agency (FEMA), existing waivers are available and the waiver process is described at "Buy America" Preference in FEMA Financial Assistance Programs for Infrastructure I FEMA.gov. For awards by other DHS components, please contact the applicable DHS FAO. To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please see Programs and Definitions: Build America, Buy America Act I FEMA.gov. Article XL - SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article XLI - Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article XLII - Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons: Recipients must comply with the requirements of the government -wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference. Article XLIII - Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article XLIV - USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. sections 175-175c. Article XLV - Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article XLVI - Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0 section 2409, 41 U.S.C. section 4712, and 10 U.S.C. section 2324, 41 U.S.C. sections 4304 and 4310. Article XLVII - Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state, and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood 70 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit E — DHS Standard Terms and Conditions Insurance Program regulations; and any other applicable laws and executive orders. In order to initiate EHP review of your project(s), you must submit a detailed project description along with supporting documentation. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass -through entity, if applicable, and DHS/FEMA. Article XLVIII - Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article XLIX - Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927- 5646 or via e-mail to ASK-GMD(c_fema.dhs.gov if you have any questions. Article L - Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non -state recipient or non -state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures. Article LI - Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non -construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non - construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article LII - Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. 71 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit E - Federal Assurances for Non -Construction Programs ASSURANCES - NON -CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and Q) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. Previous Edition Usable Standard Form 424B (Rev. 7-97) 72 Authorized for Local Reproduction Prescribed by OMB Circular A-102 WEM Grant Agreement 2022-SLCGP-01-13671 Exhibit E - Federal Assurances for Non -Construction Programs 9. Will comply, as applicable, with the provisions of the Davis - Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327- 333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. §§ 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 12 Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§ 469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§ 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 4801 et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Mayor APPLICANT ORGANIZATION DATE SUBMITTED City of Muskego Previous Edition Usable Standard Form 424B (Rev. 7-97) 73 Authorized for Local Reproduction Prescribed by OMB Circular A-102 APPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES t � Cry a{ 01/2024 6:0USKEGO 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue iili',L. CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Petfalski, Alderman Kubacki, Commissioners Cieslak, Graf and Oliver and Planner Trzebiatowski. Absent: Bartlett and Buckmaster. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the Minutes of the September 3, 2024 meeting. Alderman Kubacki made a motion to approve the September 3, 2024 minutes. Commissioner Oliver seconded. Motion to approve passed unanimously. PUBLIC HEARING Public Hearing for a Conditional Use Grant (CUG) in accordance with the Muskego Zoning Ordinance Section 400-159G. (Reasonable Accommodations for the Disabled) for the purpose of allowing a handicap access ramp on the front of an existing home, which would encroach approximately two (2) feet into the required front setback located at S86 W13803 Priegel Drive / Tax Key No. 2253.998.002. Planner Trzebiatowski explained that the owner of the property approached the City regarding the needs the ramp for handicap accessibility. Multiple options were reviewed and the best option was chosen. This option included a fully compliant deck built on the front of the house with a landing for a ramp to connect. The ramp is the part of the project that encroaches into the setback. Typically, the Plan Commission has required that once the need for the ramp is no longer needed that the ramp be removed. The main part of the deck is permanent and that can always stay as it is compliant. They may just have to tweak the area where the landing is for stairs when there is no longer the need for the ramp. There was no public comments. Public Hearing closed at 6:03. OLD BUSINESS FOR CONSIDERATION 74 NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 054-2024 Approval of a Conditional Use Grant (CUG) for Rita Patterson located at S86 W 13803 Priegel Drive / Tax Key No. 2253.998.002. Alderman Kubacki made a motion to approve Resolution PC 054-2024. Commissioner Oliver seconded. Motion to approve passed unanimously. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Oliver made a motion to adjourn. Alderman Kubacki seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Planner 75