Loading...
CCR1993002a' COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #2-93 APPROVAL OF GENERAL FACILITY AGREEMENT BETWEEN THE CITY OF MUSKEGO AND MUSKEGO NORWAY SCHOOL DISTRICT WHEREAS, the Parks and Recreation Board has recommended approval Muskego Norway School District for providing recreational of a General Facility Agreement between the City of Muskego and facilities for the City. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, does hereby authorize the Clerk and Mayor to execute the Agreement in the name of the City. BE IT FURTHER RESOLVED that this Agreement is hereby assigned to the Parks and Recreation Board for the purpose of managing and controlling the properties pursuant to the terms of the Agreement. DATED THIS 12TH DAY OF JANUARY , 1993. SPONSORED BY: FINANCE COMMITTEE Ald. Patrick A. Patterson Ald. Edwin P. Dumke Ald. David J. Sanders This is to certify that this is a true and accurate copy of Resolution #2-93 which was adopted by the Common Council of the City of Muskego. 1/93 jmb CITY OF MUSKEGO/MUSKEGO-NORWAY SCHOOL DISTRICT GENERAL FACILITY AGREEMENT SECTION ONE: INTRODUCTION PURPOSE A. It is the intention of the City of Muskego and the Muskego/Norway School District to coordinate and collaborate among agencies and institutions in order to deliver educational, social, economic, recreational, and cultural services to all members of the community through the optimum use of City park and School District facilties. B. This agreement identifies specific and non-specific facility policies and procedures for joint use by the City’s recreation department and the school district. These policies and procedures include priority levels for facility usage, facility responsibility guidelines, maintenance and usage fees and charqes, and a qeneral description for ~. - 6 facility usage request pGocedures. SECTION TWO: BAY LANE AND MILL VALLEY BALL DIAMONDS I. DESCRIPTION The property covered by this agreement is that property known as the Bay Lane and Mill Valley school grounds. 11. PURPOSE This land is leased by the District to the City for the purposes of enabling the City to use the land for recreational purposes limiting the use of the property on September 15 of each year. For such other for baseball diamonds beginning on April 15 and ending recreational purposes to which the property might be attributable as may be deemed advisable by the City or by the Parks and Recreation Board of the City, any conflict in the use of the area between the District and District. the City shall be resolved at the sole discretion of the 111. IMPROVEMENTS A. Any improvements to be made on the premises for sole expense of the City. Any substantial changes recreational purposes shall be made by and at the in grade or elevation or the construction of General Facility Agreement 2 fixtures such as electric utility poles, etc. must first be approved by the Muskego-Norway floodlights, grandstands, bleachers, barbecue pits, which are placed upon the premises by the City School Board. Any and all permanent improvements during the term of this lease or any renewal thereof shall upon termination of the agreement become the property of the Muskego-Norway School Board with the exception of any athletic field lighting systems. B. Parkinq Lot--Mill Valley: The parties agree that with respect to parking facilities at the Mill Valley site that the City will agree to assist the District in the maintenance, improvement and development of the east parking lot parallel to Hillendale Drive. The City shall budget one-third of estimated improvement costs after the District has budgeted two-thirds of estimated improvement costs as such improvements and repair might be negotiated by the parties during the term of this agreement. IV. REPAIRS AND MAINTENANCE The City shall be responsible for the maintenance of the premises and shall provide adequate containers for prevent littering on the premises and shall maintain the litter and trash and other necessary containers to premises in a clean condition during the specified period of this agreement in the Section entitled "Purpose." Repairs and maintenance of any improvements and of the grounds itself shall be the sole responsibility of the City. At no time shall any persons be able to use school buildings while using the agreement. school grounds for recreational purposes under this V. SUPERVISION The City through its Parks and Recreation Board or authorized users shall provide and be responsible for adequate supervision of the area at all times that it shall be used as a recreational area. The City through its Parks and Recreation Board may prescribe such rules and regulations for the use and management of the area as it may deem reasonable provided only that all persons School District shall be eligible to use the facilities living within the boundaries of the Muskego-Norway and participate in any planned programs subject only to reasonable rules and regulations with respect thereto. e General Facility Agreement 3 0 VI. SALES It shall be unlawful to sell or offer for sale food and/or refreshment, souvenirs, or any other merchandise Alcoholic beverages of any kind are prohibited. unless a permit is obtained from the School District. VII. RESPONSIBILITY agreement may be assigned by the City to its Parks It is understood between the parties that this and Recreation Board for the purposes of allowing the Parks and Recreation Board of the City to manage and control the property pursuant to the terms of this agreement. SECTION THREE: CITY OF MUSKEG0 PARKS E, RECREATION DEPARTMENT'S ATHLETIC FIELD USAGE POLICIES AND PROCEDURES I. PRIORITY LEVELS FOR FIELD USAGE A. Priority I--Parks and Recreation Department. Adult/Youth Programs (e.g., youth soccer program, adult men's 35+ softball league). e 0 B. Priority 11--Muskeqo-based Youth Leagues. Those Droarams and orqanizations which retain no less than 160% residency rate and are based within Muskego Muskego High School leagues). city limits (e.g., Muskego Athletic Association, C. Priority 111--Muskeqo-based Adult Leagues. Those programs and organizations which retain no less than a 15% residency rate and are based within Muskego city limits (e.g., couples softball league, men's softball league, women's softball league). D. Priority IV--Non-Muskego-based Traveling Leaques, Adult/Youth. Those proqrams and organizations which retain less than a 15% residency rate and are not based within Muskego city limits (e.g., church leagues, Waukesha County leagues, Wind Lake Colt League, All American Youth Football League). E. Priority V--New Team/League Requests. Any new team/league requests must be reviewed by the Parks and Recreation Board. If approved, the Board will then determine the priority level in which the consideration. request will be placed for future field use General Facility Agreement 11. FEES AND CHARGES A. Current Charges in Relation to Priority Priority I--Program fee charged directly to participants/teams Priority 11--Exempt from field usage charge. Maintenance fee to be assessed. Priority 111--Exempt from field usage charge. Maintenance fee to be assessed. Priority IV--Field usage fee to be assessed. Maintenance fee to be assessed. Priority V--To be determined. B. Field Usaqe Fee 4 1. Field usage fees allow for "exclusive use" of the reserved athletic field. 2. Athletic field usage excludes the reservations of athletic fields for practice purposes. Practice requests must follow the established guidelines of the Parks and Recreation Department. 3. Field usage fees do not include bases, nets, or other equipment needs. 4. Daily Non-tournament or Daily Tournament (less than 2 hours) Usage: Youth Organization--Resident ($lO.OO/field); Adult Organization--Resident ($15.00/field); Non-resident ($20.00/field) Non-resident ($30.00/field) 5. Daily Tournament or Daily Non-tournament (more than 2 hours) Usage: Resident ($25.00/field); Non-resident ($50.00/field) Resident status for tournament request will be if 75% of participating teams are from Muskego. 6. Lights: $20.00/night General Facility Agreement 5 I. Security Deposit: Resident ($250/tournament); Non-resident ($500/tournament) (usage only, for both) To be refunded partially or totally upon Misrepresentation of stated purpose can also inspection of the grounds after the tournament. result in total forfeiture of security deposit. The Parks and Recreation Board would look at waiving tournament fees if the donation is greater than the actual charge and if it can be applied toward some project the Board wishes to must be negotiated and paid prior to tournament. pursue, at the Board's discretion. These issues C. Maintenance Fees Assessed when requested services are not included on the daily work schedule. Where overtime is most current wage scale for services which would required, employees' overtime wages are based on the applicable. include proper lining, dragging, mowing, etc. where 111. MILL VALLEY COMPLEX LIGHTS USAGE A. B. C. D. All keys are the property of the City of Muskego. A key deposit of $25.00 will be required should you request the use of the Mill Valley complex lights. Key deposits will be retained should the key be lost. Also, you will be held responsible for any other expenses resulting from the loss of the key as the Parks and Recreation Board feels necessary, such as lock changes, etc. An individual/league/organization will not be assessed a fee higher than $50.00 for key deposits at one time. The user would still be liable for any additional charges for loss of keys which could result in having to have facilities rekeyed, new keys made, etc. For baseball leagues, there will be only one key per 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 additional incurred expense of the department. The individual/league/organization will be assessed this key(s) must be turned into the department at the end Muskego. Failure to return the key(s) will result of the season and are the property of the City of in loss of the key deposit and could result in General Facility Agreement 6 E. F. G. additional charges if it is felt by the department that the facility needs to be rekeyed because of the lack of return of the key(s). Any individual/league/organization will assume responsibility for the securing of the shed and which occurs due to the lack of properly securing turning off the lights. Theft, vandalism, etc. the facility at the completion of the event will be the responsibility of said individual/league/ organization. Restitution as determined by the Parks and Recreation Board will be the responsibility of the individual/league/organization. Lights not turned off after individual/league/organ- ization usage will result in a $5.00 charge for the 1st offense, a $10.00 charge for the 2nd offense and a 3rd offense. forfeiture of remaining deposit and key usage for All users may be assessed an electricity usage fee if deemed necessary by the Parks and Recreation Board. IV. GENERAL RULES AND REGULATIONS A. B. C. D. E. F. User must be a City of Muskego civic organization, team, or individual. All usage may be subject to approval by the Parks and Recreation Board. For any tournament requests, in addition to an application form, the purpose of the requested athletic field usage must be declared in writing including all financial, concession, and other related arrangements; i.e., insurance, toilet facilities, etc. in operating the event. (Proper athletic field usage will be determined by the Parks and Recreation Board--charity, profit, etc.). Daily events must conclude by 1O:OO P.M. unless an extension is granted by the Parks and Recreation Board. The user/applicant is responsible for the general clean-up and also parking and crowd control on the grounds as determined by the parks maintenance division of the department. All tournament requests must be made in writing to the Parks and Recreation Department at least six (6) weeks prior to the scheduled event(s). Softball/baseball tournaments may only be scheduled from June 15 through August 15. General Facility Agreement 7 G. A local team must be eligible to participate in a tournament where non-resident sponsorship has been granted. SECTION FOUR: CITY OF MUSKEG0 PARKS & RECREATION DEPARTMENT'S MUSKEG0 HIGH SCHOOL POOL FACILITY POLICIES AND PROCEDURES I. GENERAL INFORMATION A. The Muskego High School Pool was constructed by the Muskego/Norway School District for the benefit and use of the entire community. This includes students, athletes, community groups and residents, whenever possible. B. The inherent danger of operating a swimming pool makes it necessary to strictly enforce a stringent safety code to prevent potentially dangerous situations from occurring. All swimming programs will be conducted to the highest possible This includes the provision of supervisory Parks and standards of safety within an aquatic environment. Recreation Department personnel certified in aquatic safety. C. The right to authorize the Muskego High School Pool for public use shall be retained by the Superintendent of Schools through his designated coordinator. Such use shall be determined by the procedural guidelines and will be permitted only at activities subject to the control of the Board of such times as the facilities requested are free from Education. Applications for use of school facilities shall be submitted on prescribed "Special Use Application for High School Swimming Pool" form. D. There shall be no pool or pool area use by any group or individual at any time unless properly authorized according to the above guidelines. All persons using the pool within the policy established shall be registered members of the group and have paid all fees or charges, if applicable. 11. PRIORITY LEVELS FOR POOL USAGE A. Priority I 1. Physical Education or Related School Use Activities--7:30 A.M.-2:30 P.M. on regularly scheduled school days. The Director of Athletics shall be responsible for scheduling this time period. General Facility Agreement 8 2. Interscholastic Athletics--2:30 P.M.-5:00 P.M. on regularly scheduled school days, scheduled evenings and competitions, holiday/vacation practices and pre-school year scheduled practices. The Director of Athletics shall be responsible for scheduling these time periods. 8. Priority I1 Recreation Department Activities. Any time period not listed above; generally 5:OO P.M.- 1O:OO P.M. on school days and recreational teaching activities during weekends and vacation periods shall be 8:OO A.M.-10:OO P.M. Pool time Department shall be authorized by the Recreation specifically designated through the Recreation Director through the Recreation Supervisor. C. Priority I11 1. Muskeqo-based Youth Clubs/Groups. An organized club and/or activity centered group based within Muskego city limits, and retains a membership of at least 15% residency to be considered for Muskego-based status (i.e., cub scouts, high school clubs, etc.) To be reviewed and scheduled, if appropriate, by the Recreation Supervisor. D. Priority IV 1. Muskeqo-based Adult Clubs/Associations, Private Groups, and Individuals. An organized club/association and/or activity within Muskego city limits and retains a centered group, or individual resident based membership of at least 15% residency to be considered for Muskego-based status (i.e., St. parties, etc.). Paul’s Pioneers, Mill Valley PTO, private E. Priority V Non-Muskeqo-based Adult/Youth Clubs/Associations, Clubs/Associations, Private GrOUDS. and Individuals. Any club/associatibn; private group or individual which is not based within the Muskego city limits and does not meet the 75% residency requirement shall be reqarded as non-Muskeqo-based (i.e, underwater hockey Dive Club/New Berlin, SWAT, SCUBA, Girl Scouts of league, surrounding communities, Badger State Waterford, etc.). To be reviewed and scheduled, if appropriate, by the Recreation Supervisor. General Facility Agreement 9 111. FEES AND CHARGES A. Fees for the use of the Muskego High School PO01 are set and established by the Parks and Recreation Board to enable the City of Muskego to recover costs of personnel services, utilities and insurance, while being nominal enough to encourage the use Of the pool by school district organizations. Fees may be adjusted periodically to reflect changing Costs. B. Current Charges in Relation to Priority Priority I - No Fee Charged Priority I1 - No Fee Charged above school Priority I11 - $25.00 per hour Priority IV - $25.00 per hour Priority V - $35.00 per hour IV. PROCEDURES FOR REQUESTING USE OF POOL FACILITY district's annual rental charge A. "Special Use Application for High School Swimming Pool" forms, which must be used to request the pool, are available in the Recreation Office. B. Request for use of pool will be considered on a First-Come, First-Serve Basis. C. No permits will be issued for use during school year vacation periods except for Priority I and I1 organizations. D. Request for use of pool prior to 5:OO P.M. on school days shall be submitted to and processed by the Athletic Director. E. Request for use of pool after 5:OO P.M. shall be processed by the Recreation Supervisor's office. F. Requests and payments for use of the pool must be received in the Recreation Office at least one week prior to scheduled use of the pool. - V. RULES AND GUIDELINES FOR POOL USAGE A. For Priority I, the Athletic Director will outline procedures and assign proper supervisory personnel to insure safe teaching and coaching. B. For Priorities 11, 111, IV, and V, the Recreation be adhered to: Supervisor will insure the following procedure will General Facility Agreement 10 1. 2. 3. 4. 5. 6. I. 8. SECTION FIVE: The Recreation Department will provide a supervisor and sufficient certified lifeguards to insure proper and safe conduct of all patrons and participants. The Recreation Supervisor shall determine the number of lifeguards necessary. Organizations/parties should provide adequate chaperones or crowd control personnel. Groups will be cleared from the water 15 minutes before requested ending time. If a one-hour time slot is requested, the actual pool time is prior to the scheduled starting time so that 45 minutes. The group may arrive 15 minutes they are in the pool at the requested starting time . The organization and its supervisors shall be liable for any damage done to school property, Muskego and its designee reserves the right to and/or loss of school property. The City of require a certificate of insurance prior to granting use of facilities. All groups must adhere to all safety and sanitary regulations that are in effect during programs. A list of these is posted at the regular Parks and Recreation Department pool, outside the office area. Locker rooms, lockers and showers are must be provided by the users. The Muskego available. Locks for the lockers, if desired, Parks and Recreation Department and the Muskego High School are not responsible for any stolen or damaged items. Locker room cleanliness shall be maintained by the Parks and Recreation Department supervisory staff. The user shall be restricted to the area designated in the agreement. Smoking, intoxicating liquors, fermented malt beverages and other controlled substances are not allowed in school buildings or on school premises. CITY OF MUSKEG0 PARKS & RECREATION DEPARTMENT'S USE OF PARK BUILDINGS/SHELTERS POLICIES AND PROCEDURES I. GENERAL INFORMATION General Facility Agreement 11 A. ~11 clubs/associations, groups, or affiliations wishing to use a facility must complete the Application Form for Use of Park Buildings/Shelters. Minors requesting use of facility must do so through their adult advisor or parent. They must be chaperoned throughout their event on a ratio of 1 adult per 10 minors. B. These facilities can be requested by any club/association, group or organization with the exception of any organization which in its by-laws, constitution or practices limits attendance, restricts membership or advocates discrimination based upon sex, race, creed, or ethnic origin. C. The priorities for the scheduling of the building are as follows: 1st--City of Muskego Parks and Recreation Department activities, programs, and meetings; 2nd--City of Muskego activities, programs and meetings; 3rd--City of Muskego-based clubs/associations, groups, and affiliations (private or otherwise) which are non-profit and of an educational, recreational, service or of a civic nature. For the purpose of clarification in these policies, the following definitions apply: 1. Club/association--A Muskego-based, organized group of persons, banded together through a common activity interest, with officers elected of purpose and a constitution or by-laws. The from the membership. It has a written statement membership must be made up of at least 75% of Muskego residents. 2. Affiliations--A club or group that is affiliated with the Parks and Recreation Department and associated insofar as its interest is recreational in nature and it seeks only the use an affiliated club or group must be made up of of recreational Facilities. The membership of at least 75% of Muskego residents. 3. Group--Activity centered, but has little or no organization, no officers, statement of purpose, or by-laws. The request must come from a Muskego resident and participation at the event must be made up of 50% of Muskego residents. General Facility Agreement 12 e 0 D. Clubs/associations, groups or affiliations desiring use of a facility on a limited basis may do so. However, regular weekly or monthly schedules will not be accepted for any individuals, groups or organizations for a period exceeding one year. However, the Board reserves the right to preempt any request as scheduled for priorities in policy, C. (1st and 2nd priority use). 11. GENERAL USE AND RULES A. Application form and payment of fees must be received within ten (10) days of the requested date of use. Completed forms and payment are to be returned to the Parks and Recreation Department office (lower level City Hall). Failure to submit will result in cancellation of the reservation the reservation fee within the specified time period request. Checks should be made payable to “City of Muskego. ’‘ B. If a reservation is cancelled more than three (3) working days prior to scheduled use, fifteen ($15) dollars of the reservation fee will be forfeited. Any cancellations later than three (3) working days prior to scheduled use will result in total forfeiture of fee. C. Building hours available are Monday through Sunday from 8:OO A.M. to 11:OO P.M. All activities and programs, unless special permission has been granted, must end by 10:30 P.M. D. Only the area(s) designated on the Application Form for Use of Park Buildings/Shelters will be available to the applicant. All building users will furnish their own equipment and materials. E. Any damage(s) caused by a club/association, group or affiliation will be their responsibility and charges to repair damages or replace broken items will be assessed to the applicant. F. The Parks and Recreation Department will not be responsible for lost or stolen articles during time of use by individuals of a club/association, group or affiliation. G. Any fund-raising activities by clubs/associations, groups, or affiliations using the buildings/shelters the purpose of raising funds for recognizable of the Parks and Recreation Department will be for charitable oranizations or for the City of Muskego. General Facility Agreement 13 H. I. J. K. L. M. N. Electrical capacities are limited to llOV. An outdoor electrical outlet is available at the Bluhm Park outdoor shelter. No animals are allowed in any building unless special permission has been granted. Dogs must be on a maximum 6'leash at all times if outside building/shelter. No horseback riding is allowed in park areas. No dogs shall be allowed on School District property. No motorized vehicles allowed on grass or other park areas. Parking in designated areas only. Absolutely no alcoholic beverages (wine with 6% or more alcohol content and hard liquor) will be allowed. Use of fermented beverages will require special permit of the Parks and Recreation Department. This permit must be obtained one full week (7 days) prior to use at the Parks and Recreation Department office. This application must be completed in person as age certification is necessary. No beer, other alcohol or soda may be sold without permit by Common Council. No alcohol is permitted on School District grounds. Grounds must be left as they were found. Any damage costs will be charged to those responsible for the area. Clean up fees for any litter or disorder beyond the ordinary use will be charged to those responsible for the area. Initial charges will be taken out of required security deposits and the remainder will be billed to the applicant. The Parks and Recreation Department reserves the right to cancel any request made with adequate notice. SECTION SIX: NON-SPECIFIC FACILITIES I. FACILITY IDENTIFICATION Additional facilities available for use: Muskego High School athletic track Muskego High School tennis courts Muskego-Norway School District athletic fields Muskego-Norway School District classrooms Muskego-Norway School District auditoriums, (conditional) gymnasiums, performance facilities General Facility Agreement 14 City of Muskego community meeting rooms (City Hall/Library building) 11. PRIORITY USAGE A. All Muskeao-Norwav School District facilities shall ~~~ ~~~~ have first priority usaqe from 8:00 A.M.-5:00 P.M. (unless otherwise stated). The Parks and Recreation ~~ Department shall have second priority usaqe for those times not occupied by the District. B. City of Muskego facilities shall be first priority usage for Parks and Recreation Department at all times. The Muskego-Norway School District shall have second priority for those times not occupied by the City. 111. FACILITY REQUEST PROCEDURE A. Muskego-Norway School District facilities: The Parks and Recreation Department shall submit an application for facility usage to (1) the Muskego-Norway School District office, and (2) the specific school location for which a specific facility is requested. B. City of Muskego park facilities: The Muskego-Norway School District must submit any application for park and/or facility usage to the Parks and Recreation Department. C. City of Muskego community rooms: The Muskego-Norway to the City Clerk at City Hall. School District must submit an application for usage CONCLUSION A. CHANGE: This agreement is subject to change with joint approval School Board. from the Parks and Recreation Board and the Muskego-Norway B. RENEWAL: This agreement may be renewed by the City of Muskego and the Muskego-Norway School District for a term of five (5) years upon one month's notice given in writing by either organization. This shall be contingent upon mutually by both organizations. satisfactory resolution for continued cooperative efforts General Facility Agreement 15 m C. CANCELLATION: - discontinue the recreation activities at the sites, this In the event the City of Muskego should decide to agreement shall be automatically cancelled. In the event the Muskego-Norway School District has needs for the agreement shall be automatically cancelled. land/facility in use for education facility expansion, this D. INSURANCE: The City of Muskego and Muskego-Norway School District shall maintain sufficient insurance to protect both the City of Muskego and the Muskego-Norway School District from all claims for personal injury or death, and $50,000 property damage. Certificates of insurance shall be maintained on file with both organizations. assigned by the City to its Parks and Recreation Board for the It is understood between the parties that this agreement may be purposes of allowing the Parks and Recreation Board of the City to manage and control the properties pursuant to the terms of this agreement. e passed and approved on the Pursuant to a resolution of the Muskego-Norway School District, 19-, this agreement is hereby executed. day of I President Clerk Muskego-Norway School Board Muskego-Norway School Board Pursuant to Resolution No. passed and approved on the ~ day of the City of Muskego, this agreement is hereby executed. , 19 , by the Common Council of ASSIGNMENT OF AGREEMENT This agreement is hereby assigned by the City of Muskego to the Parks and Recreation Board of the City for the purposes of allowing said Board to manage and control the properties which is the subject hereof pursuant to the terms of this agreement and subject ot the ordinances and statutes of the State of ' Wisconsin relative thereto. ' a City of Muskego Mayor City Clerk City of Muskego