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CCR2006121. . . COMMON COUNCIIL - CITY OF MUSKEGO RESOLUTION #121-2006 APPROVAL OF GENERAL FACIUrf AGREEMENT BETWEEN THE CITY OF IIIIUSKEGO AND THE MUSKEGO-NORWAY SCHOOL DISTRICT WHEREAS, The Parks and Recreation Board has recommended approval of a General Facility Agreement between the City of Muskego and Muskego-Norway School District for providing recreational facilities for the City. NOW, THEREFORE, BE IT RESOLVED That th"3 Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, dnes hereby authorize the Mayor and Clerk-Treasurer to execute the Agreement in the name of the City. BE IT FURTHER RESOLVED That this Agreement, as attached, is hereby assigned to the Parks and Recreation Board for the purpose of managing and controlling DATED THIS 13th DAY OF ----4unE~___, 2006. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eileen Madden Ald. Eric Schroeder This is to certify that this is a true and accurate copy of Resolution #121-2006 which was adopted by the Common Council of the City of MuskeQ9. ! 6/2006jmb '/ ClerK-Treasurer \,-,/. . . . General Facility Agreement, Pg. 1 CITY OF MUSKEGO/MUSKEGO-NORVIfAY SCHOOL DISTRICT GENERAL FACILITY AGREEMENT SECTION ONE: INTR:ODUCTION PURPOSE A. It is the intention of the City of Muskego (the "City") and the Muskego/Norway School District (the "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 parks and District facilities. B. This agreement identifies specific and non-specific facility policies and procedures tor joint use by the City's Parks and Recreation Department and the District. These policies and procedures include priority levels for facility usage, facility responsibility nuidelines, maintenance and usage fees and charges, and a general desGription for facility usage request procedures. C. The Parks and Recreation Department of the City will provide an on-site supervisor whenever multiple prourams are being run simultaneously in anyone building during the school year. The supervisor will be responsible 1for participant directiion, safety, and building security. D. The term of this agreement is .July 1, 2005 through June 30, 2007. SECTION TWO: BAY lANE, Mill VALLEY AND MUSKEGO HIGH SCHOOL SOFTBAll DIAMONDS AND TENNIS COUHTS. I. DESCRIPTION The facilities covered by this agreement are the Bay Lane, Mill Valley and Muskego High School softball diamonds and tennis courts (the "Facilities"). II. PURPOSE The District grants the City the right to use the Facilities for recreational purposes as set forth herein: softball diamonds may be used during the period beginning on April 15 and ending on September 15 of each year, and tennis courts may be used during the period beflinning on June 1 and ending on QBMKE\5847474.3 General Facility Agreement, Pg. 2 . III. . . ~' "v. ~ August 1 of each year. The City will pro'fide one portable toilet to be located by the tennis courts. During the school year, the City shall have access to the Bay Lane Middle School and Mill Valley Elementary School grounds for field preparation sometime between 8:00 a.m.-l1 :00 a.m. and/or 1 :00 p.m.-3:00 p.m., as set by school administration. The City will work with school administration to set times so as not to interfere with school operations. In the event that the City proposes other recreational purposes for which the Facilities might be used, the District shall review such proposal and shall, in its sole discretion, decide whether to allow such use. At no time shall any persons be able to use school buildinfJs while using the Facilities for recreational purposes under this afJremnent, unless agreed upon by both parties. IMPROVEMENTS A. No improvements may be made to the Facilities (or substantially modified) for recreational purposes (such as installation of electric utility poles, floodlights, fJrandstands, bleachers, barbecue pits or similar improvements) without the prior written approval of the District. All such improvements shall be made by and at the sole expense of the City. No substantial changes in grade or elevation of the Facilities may be made without the prior written approval 01 the District. Any and all improvements which are placed upon the Facilities by the City during the term of this agreement or any renewal thereof shall upon termination of the agreement become the property of the District (with the exception of ~ny ~t~letic field li~hti~gsystems) ;lifj~.â~í~{~øvèr:tha~fhê.Qlsit,,~,t riesefWS*tb,e'rìghrto r~qtlÌrejthe City, at th~,pity's expense, to remove '?;'Suchimprov.améhts aod'restGre the Facititiê;T --=-; B. Parking Lot--,Mill Valley: The parties agree that with respect to the parking lot at the Mill Valley site, the City will 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 for such improvements as the parties negotiate and determine to be necessary durin~~ the term of this agreement. C. Softball Field Improvements: During the term of this agreement, the City will pay one-half of the costs of any improvements made by the District to the softball fields that are included in the Facilities. The City shall budget for such costs during the term of this agreement. V~m~ß$'$:Duríng Jhe t~m,(}ftþis'99reefTlent, the City 'p~rti~tl~~f',ttl~!'é'ostsof~I:lY imprOvements mélQe ,b'l1~> fjlstf~tt'tb the têrn\jS--êourt that are included in the Facilities (e.g., tennis QBMKE\5847474.3 General Facility Agreement, Pg. 3 . ì~øt.trt..~~ill~,\rttjn~sCreens,etc.l.The City shall budget for such costs ~ðt4nj;~tfi~1E~ of this agreeìl'1èfll{. IV. REPAIRS AND MAINTENANCE The City shall be responsible for the maintenance of the Facilities and shall provide adequate containers for litter élnd trash and other necessary containers to prevent littering on the premises and shall maintain the premises in a clean condition during the term of this agreement. Repairs and maintenance of any improvements to the Facilities and of the grounds itself shall be the sole responsibility of the City. V. SUPERVISION . The City (through its Parks and Recreation Board or authorized users) shall provide and be responsible for adequate supervision of the Facilities at all times that they shall be used as a recreational area. The City (through its Parks and Recreation Board) may prescribe sllch rules and regulations for the use and management of the Facilities as it may deem reasonable, provided that all persons living within the boundaries of the District shall be eligible to use the Facilities and participate in any planned pmgrams, subject only to reasonable rules and regulations applicable to all persons using the Facilities. The City's current Rules and Regulations are attached to this agreement as Exhibit A. VI. SALES It shall be unlawful to sell or offer for sal.~ food and/or refreshment, souvenirs, or any other merehandise unless a permit is obtained from the Distric~. Alcoholic beveraues and tobacco products of any kind are prohibited. ~tt PET~J . . ..-:-ì {Absolutely no pets are allowedøn or about the Facilities at any time. VIII. RESPONSIBILITY It is understood between the parties that this agreement may be assigned by the City to its Parks and Recreation Board for the purposes of allowing the Parks and Recreation Board to manage and control the Facilities pursuant to the terms of this agreement. . QBMKE\584 74 74.3 . . . General Facility Agreement, Pg. 4 SECTION THREE: NON-SPECIFIC FAClllITIES I. ADDITIONAL DISTRICT FACILITIES A. From time to time other facilities of the District may be made available for use by the City, as further set forth in this agreement. Additional facilities available for use (the II Additional Facilities"): ;::? :"~~r;ãtfi'~~1ifWâ~$Rffeè:bø~,._~t~t;)~ttfét âþp'êVcð~fif ? ';;'$éhodrVar;sì-t:,'Focrt-t;);ii"lI.. Fi.eIØ.~t~~~;;t$ì~Fã"'ëJþri()r.Ð'fstiiÊ:t,if' Muskego-Norway School District athletic: fields Muskego-Norway School District classrooms (conditional) Muskego-Norway School District auditoriums and gymnasiums Muskego-Norway School District performance facilities (on a fee basis) B. PRIORITY USAGE. The District shallll have first priority usage for the Additional Facilities from 5:30 a.m.-7:30 p.m. (unless otherwise stated). The City shall have second priority-!:Isagl~ for the Additional Facilities during thOSE! times not occupied by the District. C. ADDITIONAL FACILITY REQUE~;lï PROCEDURE. The City shall submit an application tor Additional Facilitv usage to the specific school location for the Additional Facility. II. CITY OF MUSKEGO FACILITIES A. From time to time City facilities may be made available for use by the District, as 1further set forth in this agreement City facilities available for uSia (the "City Facilities"): Community meeting rooms (City Hall/Library building) Denoon ParI< 1 . Soccer fields (includin!~ gfil~en :space between soccer fields and balseball diamond) 2. Baseball field 3. Boardwalk area (includes wetlands) 4. Park area for cross.-country sport events Manchester Hill Park 1 . Soccer field B. PRIORITY USAGE: The City shall have first priority usage for the City Facilities at all times. The Dilstrict shall have second priority usage for the City Facilities for those times not oGcupied by the City. QBMKE\5847474.3 . . . General Facility Agreement, Pg. 5 C. FACILITY REQUEST PROCEDURE: 1. City community rooms: The District must submit an application for usage to the City Clerk/Treasumr at City Hall. 2. City park facilities: The District must submit an application for park and/or facility usage to the Parks and Recreation Department. SECTION FOUR: CONCLUSION A. CHANGE: This agreement is subject to channe with joint approval from the City Parks and Recreation Board and the Muskego-Norway School Board. B. RENEWAL: This agreement may be renewed by the City and the District for a term of two (2) years upon one month's notice given in writing by either organization. This shall be contingent upon mutually satisfa ctory resolution for continued cooperative efforts by both organizations. C. CANCELLATION: In the event the City should decide to. discontinue the recreation activities at the Facilities, this agreement shall be automatically canceled. In the event the District has needs for the Facilities or Additional Facilities for education facility expansion, this a9reement shall be automatically canceled. D. INSURANCE: The City and District shall maintain suffìc ient insurance to protect both the City and the District from all claims for p'~rsonal injury or death, and $50,000 property damage. Certificates of insurance shall be maintained on file with both organizations. E. INDEMNIFICATION: The City hereby agrees to indemnify the District and hold it harmless from and against any and GlllloSSE:s, claims, costs and damages arising out of the use by the City or any of its agents, employees or invitees of the Facilities or the Additional Facilities durinn the term of this agreement. The District hereby agrees to indemnify t1e City and hold it harmless from and against any and all losses, claims, costs and damages arising out of the use by the District or any of its agents, employees m invitees of the City Facilities QBMKE\S847474.3 . . . General Facility Agreement, Pg. 6 during the term of this agreement. The obliHations set forth in this Section E shall survive the termination of this agrenment. ;QMfiJ):Qf"tll~!te(nl~)fc'tllt$ .agreement, th~ [listric.t shall ha,ye "f\Q ~Q'tn,~Ç.ity .to review the financial records'of 6.... ...... '7l:-i....'" nelereatlon . ueent. It is understood between the parties that this agreement may be assigned by the City to its Parks and Hecreation Board for the purposes of allowing the Parks and Recreation Board of the City to manage and control the properties pursuant to the terms of this agreement. Pursuant to a resolution of the Muskego-Norvlay School District, passed and approved on the __ day of , 2006, this agreement is hereby executed. President Muskego-Norway School Board Clerk Muskego-Norway School Board Pursuant to a Resolution No. _passed and approved on the day of ; 200ß, by the Common Council of the City of Muskego, this agreement is hereby eXE~cutod. ASSIGNMENT OF AGREEMENT This agreement is hen~by assigned by 1the City of Muskego to the Parks and Recreation Board of the City for the purposes of aillowing said Board to manage and control the properties "which is the subject hereof pursuant to the terms of this agreement and subject to the ordinances and statutes of the State of Wisconsin relative thereto. Mayor City of Muskego City Clerk/T reasurer City of Muskego QBMKE\58474743 . . . General Facility Agreement, Pg. 7 EXHIBIT A CITY OF MUSKEGO ATHLETIC FIEILD lJISAGE POLICIES AND PROCEDURES I. PRIORITY LEVELS FOR SOFTBALL FIELD USAGE A. Priority I: Parks and Recreation Department. Adult/Youth Programs (e.g., adult men's 35 + softballlea~Jue, men's softball league). B. Priority II: Muskego-based Youth Leélgues. Those programs and organizations which retain no less than a 100% residency rate and are based within Muskego City limits (e.g., Muskego Athletic Association, Muskego Hinh School leagues, Muskego Kickers Soccer). C. Priority III: Muskego-based Adult Leagues. Those programs and organizations which retain no less than a 75% residency rate and are based within Muskego City limits (e.g., couples softball league, women's softball league). D. Priority IV: Non-Muskego-based Traveling Leagues, Adult/Youth. Those programs and organizations which retain less than a 75% residency rate and are not based within Muske~~~ity limits (e.g., church leagues, Waukesha County leagues, V"lind 'lake Colt League, All American Youth Football Leauue). E. Priority V: Nisw Team/League Reque:;ts. Any new team/league requests must be reviewed by the Parks and Hecmation Board. If approved, the Board will then determine the priority level in which the request will be placed for future field use consideration. II. FEES AND CHARGES A. Current Charges in Relation to PE~)rity. Priority I--Program fee charged directly tc participants/teams Priority II--Exempt from field Llsage charge. Maintenance fee to be assessed. Priority III--Exempt from field IJsage eharne. Maintenance fee to be assessed. QBMKE\584 74 74.3 . . . General Facility Agreement, Pg. 8 Priority IV--Field usage fee to be assessed. Maintenance fee to be assessed. Priority V--To be determined. B. Field Usage Fee QBMKE\584 74 74.3 1. Field usage fees allow for II exclusive use" of the reserved athletic field. 2. Athletic field usage excludes the reservations of athletic fields for practice purposes. Practice recuests must follow the established guidelines of the Parks and Ftecreation 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 (~~ 1 O.OO/field); Non-resident ($20.00/fieldì Adult Organization--Resident ($15.00/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; $20.00/night 7. Security Deposit; Resident i[~;2!)O/tournament}; Non-resident ($ 500/tournarnem) (usage only I for both) To be refunded partially or totally upon inspection of the grounds after the tournament. lVIisrepre sentation of stated purpose can also 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 . . . General Facility Agreement, Pg. 9 applied toward some project the Board wishes to pursue at the Board's discretion. These issues must be negotiated and paid prior to tournament. C. Maintenance Fees Assessed when requested services cire not included on the daily work schedule. V\/here overtime is required, employees' overtime wages are based on the most current wage scale for services which would include proper lining, dragging, mowing" etc. where applicable. Once final schedules are determined, if there are Saturdays and/or Sundays that require additional help to prep fields, full-time overtime rates of pay will be included amongst those teams requesting field prep. III. MILL VALLEY COMPLEX LIGHTS USAGE A. All keys are the property of the City of Muskego. B. A key deposit of $25.00 will be required for use of the Mill Valley complex lights. Key deposits will bE~ retained should the key be lost. The key holder will also be held responsiÖle for any other expenses resulting from the loss of the key as the Pairks and Recreation Board feels necessary, such as lock changes, etG. C. 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 facilitiès rekeyed, new keys made, etc. D. For baseball/soccer 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 of the department. The kev(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(::;) 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). E. Any individual/league/organization will assume responsibility for the securing of the shed and turning off the lights and be responsible for any theft, vandalism, etc, which occurs due to the lack of properly securing of the shed and turning off the lights. The"ft, vandalism, etc. which occurs due to the lack of properly securing the "facility at the completion of the QBMKE\5847474.3 . . . General Facility Agreement, Pg. 10 event will be the responsibility olf said individual/league/organization. Restitution as determined by the Parks and Recreation Board will be the responsibility of the individual/leanue/organization. IV. GENERAL RULES AND REGULATIONS A. User must be a City of Muskego civic orqanization, team, or individual. All usage may be subject to approval by the Parks and Recreation Board. B. 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 BQard--charity, profit, etc.). C. Daily events must conclude by 10:00 p.m. unless an extension is granted by the Parks and Recreation Board. D. 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. E. All tournament requests must be mc:de in writing to the Parks and Recreation Department at least six(E} weeks prior to the scheduled event{s}. F. Softball/baseball tounlaments may cnly be scheduled from June 15 through August 15. G. A local team must be eligible to participélte in a tournament where non- resident sponsorship has been grant~d. QBMKE\5847474.3