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CCR2003179. . . AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #179-2003 APPROVAL OF CITY OF MUSKEGO/MUSKEGO-NORWAY SCHOOL DISTRICT MAINTENANCE AGREEMENT FOR MUSKEGO HIGH SCHOOL ATHLETIC FIELDS WHEREAS, On April 8, 2003, the Common Council of the City of Muskego approved an Agreement between the City and the Muskego-Norway School District for the construction of athletic fields subject to the parties entering into a separate maintenance agreement; and WHEREAS, The Finance Committee has reviewed the maintenance agreement and has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the attached Agreement between the City of Muskego and the Muskego-Norway School District for the maintenance of the high school athletic fields, as amended. BE IT FURTHER RESOLVED That the Mayor is authorized to make necessary technical changes, if needed, in consultation with the City Attorney. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the Agreement in the name of the City. DATED THIS 1ih DAY OF AUGUST ,2003. SPONSORED BY: FINANCE COMMITTEE Ald. Rick Petfalski Ald. Nancy Salentine Ald. Eric Schroeder Deferred: 7/22/03 This is to certify that this is a true and accurate copy of Resolution #179-2003 which was adopted by the Common Council of the City of Muskego. G~ 49:~/~/ c7lerk-Treasurèr r 7/03jmb . . . CITY OF MUSKEGO/MUSKEGO-NORWAY SCHOOL DISTRICT MAINTENANCE AGREEMENT FOR MUSKEGO HIGH SCHOOL ATHLETIC FIELDS This agreement is made and effective as of the day of , 2003, by and between the Muskego-Norway School District (the "District") and the City of Muskego (the "City"). Section One: Introduction Purpose A. This maintenance agreement between both parties is part of the written General Agreement between the district and the City for construction of Facilities as defined in said General Agreement and further defines in more detail issues referred to in Paragraph 5 of said agreement. B. The listing of the Facilities is included in the General Agreement. C. It is the intention of the City and the District to share responsibility for the ongoing maintenance and repair of the Facilities. Defined maintenance and operating costs is outlined in section two and percentages of cost, for each respective party, is outlined in section three of this maintenance agreement. Section Two: Defined Costs A. Maintenance Costs - for budgeting purposes, these costs need to be mutually agreed upon and submitted by June 1, to the City and by February 1, to the District in order to be considered for the following year's budget. Once agreed upon and submitted accordingly with the dates listed above to be in each respective budget, each respective party shall be provided evidence of payment by providing a copy of paid invoice along with agreed upon amount due the other party. All of such payments, from the City to the District, shall be made within the first six months of the calendar year, as to coincide with the District's fiscal year budget. All of such payments, from the District to the City, shall be made within the last six months of the calendar year, as to coincide with the City's calendar year budget. 1. ~ - costs that are not annual, but rather budgeted capital improvements to fields after so many years of use. These improvements will be made to extend the life of each field by bringing the field back to its original condition. The following yearly estimate intervals are just that; estimates. Once the fields are played on for a number of years, the number of years between field reconditioning will be better defined. a. Baseball/Softball: every 5 years b. Practice Football Field: every 7 years Page 2 . Soccer goal mouths are improved on an annual basis and is included in turf care (B-1). Fields are routinely moved so as not to have the goal mouth in the same area. 2. Parkino Lot Resurfacino. Overlav, Stripino - those costs associated with re-surfacing the parking lot and re-striping the parking lot lines. It is recommended to perform this every 4 years. It is recommended to perform parking lot overlay every 8 years. 3. . BuildinQ and Access Paths Improvement - costs associated with improvements made to the storage/bathroom building and for access paths. B. Yearly Operating Costs - Once agreed upon and submitted accordingly with the dates listed above to be in each respective budget, each respective party shall be provided evidence of payment by providing a copy of paid invoice and/or proof of paid employee wage and benefit costs along with agreed upon amount due the other party. All of such payments, shall be made within forty- five (45) days of billing. . 1. Routine Landsca in and Yard Maintenance Turf Care - those costs associated with maintaining athletic turf and keeping the grounds aesthetically pleasing. These costs include but are not limited to mowing, fertilizing, weed eradication, grass seed, straw/mulch, and landscaping. 2. GarbaQe Collection and Disposal - costs for dumpster rental and pick- up. 3. Janitorial Service of the Restrooms and Restroom Supplies - employee and cleaning supply costs associated with the cleaning of the bathrooms, as well as the seasonal maintenance, and supplies for use of bathrooms. 4. Utilities Water/Sewer/Electricit - costs associated with these monthly bills based on usage. 5. IrriQation - costs associated with start-up, winterizing, and repair of irrigation system. 6. Athletic Field Items{Supplies - costs associated with upkeep of fields on a daily and game basis during the season. These items/supplies include but are not limited to infield mix, Turface (drying agent), marking paint and chalk, equipment (bases, pitching rubbers, nets, poles, batter's box templates, hand tools, tape measures, etc.), etc. 7. Field Preparation for Games - employee costs and benefits associated with preparing athletic fields for games. 8. Field Maintenance A ril - November - employee costs and benefits associated with field maintenance for pre-season, season (non-game), and post season; no usage by either party. . . . . Page 3 9. Liahtina Costs -costs, other than electricity, associated with the lighting of the Varsity Soccer Field, parking lot, and storage/bathroom building. Section Three: Percentage of Total Costs by Each Party See attached schedule A-1 for percentages. See attached schedule B-1 for estimated budget figures. Section Four: Other Costs A. In the event of vandalism/storm damage of property to defined Facilities or cost-shared equipment, uninsured expenses not covered by the District's property insurance policy, will be paid for by each party, at 50%. This includes the deductible for that item needing to be replaced. B. Building and access paths improvement costs associated with improvements made to the storage/bathroom building and for access paths would need to mutually agreed upon and follow the same payment outline described in Maintenance Costs, Section 2 A. C. All other associated costs with said Facilities, not outlined in this agreement, must be mutually agreed upon by both the City and the District if both parties are expected to share in the cost. Section Five: Field Maintenance Manuals The following maintenance manual is a recommended time-line of procedures to help ensure the athletic fields are maintained consistently. See attached maintenance manual C-1 for preseason, seasonal, game day, post-season, and miscellaneous tasks for all athletic fields. Section Six: Legal Provisions 1. Default. Should either party fail to carry out this Agreement, the other party shall be entitled to exercise any and all available rights and remedies at law or in equity. 2. Assianment. Neither the District nor the City may assign its interest under this Agreement without the other party's prior written consent, which may be granted or withheld in such party's sole reasonable discretion. 3. No Warranties or Representations. The District makes no representations or warranties whatsoever about the Facilities, the safety thereof, their fitness for a particular purpose or any other aspect of the Facilities. 4. Notices. All notices permitted or required by this Agreement shall be given in writing and shall be considered given upon receipt if hand delivered to the party . . . Page 4 or person intended, or upon facsimile transmission to the fax numbers set forth herein, or one business day after deposit with a nationally recognized overnight commercial courier service, air bill prepaid, or three (3) business days after deposit in the United States mail, postage prepaid, by certified mail, return receipt requested, addressed by name and address to the party or person intended as follows: To the District: Muskego Norway School District S87 W18763 Woods Road Muskego, WI 53150 Attn: Superintendent Fax No.: 262-679-5790 To the City: City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150- 0749 Attn: City Clerk-Treasurer Fax No.: 262-679-4106 5. Governina Law. This Agreement concerns real property located in the State of Wisconsin, and shall be interpreted and construed according to the laws of the State of Wisconsin. 6. Severabilitv of Provisions. If any of the terms or conditions contained herein shall be declared to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions and conditions of this Agreement, or the application of such to persons or circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby and shall remain in full force and effect and shall be valid and enforceable to the full extent permitted by law. 7. Captions. The captions in this Agreement are inserted only as matters of convenience and for reference and in no way define or limit the scope or intent of the various provisions, terms or conditions hereof. 8. Bindina Effect. The terms and conditions of this Agreement shall be binding upon and benefit the parties hereto and their respective successors and permitted assigns. 9. Entire Aareement. This writing constitutes the entire agreement between the parties hereto, and all prior statements, letters of intent, representations and offers, if any, are hereby terminated. This Agreement may be modified or amended only by written instrument signed by both parties 10. CounterParts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original. 11. Representations as to Authoritv. Each party to this Agreement represents and warrants that: (a) it has the power and authority to consummate the transactions contemplated by this Agreement; (b) all proceedings necessary for it to consummate . . . Page 5 the transactions contemplated by this Agreement have been duly taken in accordance with law; and (c) the persons executing this Agreement on behalf of it have been duly authorized to execute this Agreement. 12. Fax Sionatures. The parties agree that fax signatures shall be binding on the parties hereto. Section Seven: Insurance 1. Property Insurance. The District shall carry a Valuation Policy (replacement value) with the defined Facilities and cost-shared equipment identified, with a maximum deductible of $500.00. Liabilitv Insurance. The City and District shall carry minimum liability insurance of: Personal & Advertising Injury Each Occurrence Fire Damage Medical Expense 2. $6,000,000 $6,000,000 $ 250,000 $ 10,000 Dispute Resolution. In the event of a dispute between the District and the City arising out of this Agreement or the use of the Facilities, the District and the City agree to attempt to resolve such dispute through mediation. In the event that the District and the City cannot agree upon a mediator, they shall each propose a qualified mediator, and such qualified mediators shall choose a qualified third-party who will mediate the dispute. In the event that mediation does not resolve the dispute, the District and the City agree to submit the matter to binding arbitration. Such arbitration shall be conducted in accordance with the then-current rules for commercial arbitration of the American Arbitration Association. The arbitration shall be before one arbitrator who is chosen in accordance with the American Arbitration Association procedures. The arbitrator's decision in the dispute shall be binding. IN WITNESS WHEREOF, the parties have executed this maintenance agreement as part of the General Agreement. City of Muskego By: Print Name: Title: MUSKEGO/NORWA Y SCHOOL DISTRICT By: Print Name: Title: . . A - 1 . City Percentage of Total Cost M/N School District Percentage of Total Cost Maintenance Costs Maintenance &Repair of the Facilities 37.75% 62.25% Parking Lot Resurfacing/Striping 37.75% 62.25% Yearly Operating Costs Routine Landscaping & Yard Maintenance 50.00% 50.00% Garbage Collection and Disposal 37.75% 62.25% Janitorial Service of the Restrooms & Supplies 37.75% 62.25% Irrigation 50.00% 50.00% Utilities (sewer/water/electricity) 37.75% 62.25% Athletic Field Items/Supplies 37.75% 62.25% Field Preparation for Games *100% during city use ** 100% during district use Field Preparation for Non-games (off-season) 37.75% 62.25% Lighting Costs 37.75% 62.25% * City pays 100% for City's salaries and benefits when City uses facilities ** District pays 100% of District's salaries and benefits when District uses facilities Other Costs Vandalism/Storm Damage 50% of uninsured cost 50% of uninsured cost Bui!dina/Access Path Improvements agreed upon/budgeted aareed utJon/budaeted . B - 18 . Proposed Impact to Budgets Impact to City Budget Impact to District Budget Total Yearly Operating Costs Routine Landscaping & Yard Maintenance $15,500.00 $15,500.00 $31,000.00 Garbage Collection and Disposal $453.00 $747.00 $1,200.00 Janitorial Servic.e of the Restrooms & Supplies $5,020.75 $8,279.25 $13,300.00 Irrigation $5,000.00 $5,000.00 $10,000.00 Utilities (sewer/water/electricity) $1,510.00 $2,490.00 $4,000.00 Athletic Field Items/Supplies $6,040.00 $9,960.00 $16,000.00 Field Preparation for Games (employee costs) *$0.00 **$6,604.00 $6,604.00 Field Maintenance (April- November - empioyee costs) $20,822.00 $55,892.00 $76,714.00 Lighting Costs $1,510.00 $2,490.00 $4,000.00 TOTAL $55,855.75 $106,962.25 $162,818.00 . CitY pays 100% for City's salaries and benefits when City uses facilities .. District pays 100% of District's salaries and benefits when District uses facilities I Emplovee costs, includin(l salaries and benefits, are estimated at $28.84/hour . . . COMMON COUNCIL. CITY OF MUSKEGO RESOLUTION #179-2003 APPROVAL OF CITY OF MUSKE GO/MUSKE GO-NORWAY SCHOOL DISTRICT MAINTENANCE AGREEMENT FOR MUSKEGO HIGH SCHOOL ATHLETIC FIELDS WHEREAS, On April 8, 2003, the Common Council o.tifhe City of Muskego approved an Agreement between the City and the Muskego-Norw!y- School District for the construction of athletic fields subject to the parties ~tering into a separate maintenance agreement; and l WHEREAS, The Finance Committee has revi~'ed the"~~tenance agreement and has recommended approval. l., j' y' NOW, THEREFORE, BE IT RESOLVED 1:~t theJ;~\~on Council of the City of Muskego, upon the recommendation of t e Final1~efommittee, does hereby approve the attached Agreement between the Ci of Mus~gò and the Muskego-Norway School District for the maintenance of the~hig . SChO~1 ~'~ëliC fields. BE IT FURTHER RESOLVED That he Ma~6r1~'authorized to make necessary technical changes, if needed, in c, sultatio,,~lth the City Attorney. BE IT FURTHER RESOL ~;:f..(.t thl~,~:r and Clerk-Treasurer are authorized to ,~, tho Ag"",m,"U, thO/,- 0 of Jho "'0/) DATED THIS D If OF ,2003. "'" f ~jj;.' ,i' ',1""".'1' ". , ""~ 'iJ SPONSORED BY: FINANCE COMMITTEE Ald. Rick Petfalski Ald. Nancy Salentine Ald. Eric Schroeder '., ,~. "-')'-""" '.. i I ! \\ ,.' Deferred: 7/22/03 This is to certify that this is a true and accurate copy of Resolution #179-2003 which was adopted by the Common Council of the City of Muskego. 7/03jmb Clerk-Treasurer