CCR2007174.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #174-2007
APPROVAL OF GENERAL FACILITY AGREEMENT BETWEEN
THE CITY OF MUSKEGO
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 for the term of July 1, 2007 through
June 30, 2008.
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 Mayor and Clerk-Treasurer to execute
the attached Agreement in the name of the City.
BE IT FURTHER RESOLVED That the City hereby assigns this agreement to the Parks
and Recreation Board for the purposes of allowing the Board to manage and control the
properties pursuant to the terms of the agreement.
DATED THIS 11TH DAY OF SEPTEMBER ,2007.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Bob Melcher
Ald. Neil Borgman
Ald. Keith Werner
This is to certify that this is a true and accurate copy of Resolution #174-2007 which
was adopted by the Common Council of the City of Muske o.
9/2007jmb
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General Facility Agreement, Pg. 1
CITY OF MUSKEGO/MUSKEGO-NORWAY SCHOOL DISTRICT
GENERAL FACILITY AGREEMENT
SECTION ONE: INTRODUCTION
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 for 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 guidelines, maintenance and usage
fees and charges, and a general description for facility usage request
procedures.
c. The Parks and Recreation Department of the City will provide an on-site
supervisor whenever multiple programs are being run simultaneously in
anyone building during the school year. The supervisor will be
responsible for participant direction, safety, and building security.
D. The term of this agreement is July 1, 2007 through June 30, 2008.
SECTION TWO: BAY lANE, Mill VAllEY AND MUSKEGO HIGH SCHOOL
SOFTBAll DIAMONDS AND TENNIS COURTS.
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 beginning on June 1 and ending on
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General Facility Agreement, Pg. 2
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August 1 of each year. The City will provide 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.-11 :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 buildings while using the Facilities for
recreational purposes under this agreement, 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, grandstands, 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 of 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
any athletic field lighting systems); provided, however, that the District
reserves the right to require the City, at the City's expense, to remove
such improvements and restore the Facilities.
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 during 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.
Tennis Court Improvements: During the term of this agreement, the City
will pay a 50% portion of the costs of any improvements made by the
District to the tennis court that are included in the Facilities (e.g., tennis
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General Facility Agreement, Pg. 3
court nets, wind screens, etc.). The City shall budget for such costs
during the term of this agreement.
IV. REPAIRS AND MAINTENANCE
The City shall be responsible for the maintenance of the Facilities and shall
provide adequate containers for litter and 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 such 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 programs, 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 sale food and/or refreshment, souvenirs,
or any other merchandise unless a permit is obtained from the District.
Alcoholic beverages and tobacco products of any kind are prohibited.
VII. PETS
Absolutely no pets are allowed on 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.
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General Facility Agreement, Pg. 4
SECTION THREE: NON-SPECIFIC FACILITIES
I.
II.
A.
B.
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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 "Additional Facilities"):
Muskego High School athletic track (fee basis and prior District approval)
Muskego High School Varsity Football Field (fee basis and prior District
approval)
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 shall 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 usage for the Additional Facilities
during those times not occupied by the District.
C. ADDITIONAL FACILITY REQUEST PROCEDURE. The City shall submit an
application for Additional Facility usage to the specific school location for
the Additional Facility.
CITY OF MUSKEGO FACILITIES
From time to time City facilities may be made available for use by the
District, as further set forth in this agreement
City facilities available for use (the "City Facilities"):
Community meeting rooms (City Hall/Library building)
Denoon Park
1
. Soccer fields (including green space between soccer fields and
baseball diamond)
2. Baseball field
3. Boardwalk area (includes wetlands)
4. Park area for cross-country sport events
Manchester Hill Park
1
. Soccer field
PRIORITY USAGE: The City shall have first priority usage for the City
Facilities at all times. The District shall have second priority usage for the
City Facilities for those times not occupied by the City.
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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/Treasurer 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 change 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 satisfactory resolution for continued
cooperative efforts by both organizations.
C. CANCELLA TION:
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 agreement shall be automatically canceled.
D. INSURANCE:
The City and District shall maintain sufficient insurance to protect both the
City and the 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.
E. INDEMNIFICATION: The City hereby agrees to indemnify the District and hold
it harmless from and against any and all losses, 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 during the term of this agreement.
The District hereby agrees to indemnify the 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 or invitees of the City Facilities
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General Facility Agreement, Pg. 6
during the term of this agreement. The obligations set forth in this Section E
shall survive the termination of this agreement.
F. RIGHT TO REVIEW: During the term of this agreement, the District shall have
the right upon reasonable notice to the City to review the financial records of
the Parks and Recreation Department.
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 of the City to manage and control the properties pursuant to the
terms of this agreement.
Pursuant to a resolution of the Muskego-Norway School District, passed and
approved on the 20th day of August , 2007, this agreement is
hereby executed.
IS20;J!~_) Clerk
Muskego-Norway School Board
C-
President
kego-Norway Schoo Board
Pursuant to a Resolution No.! 7J.f - dðñíPassed and approved on the / / day of
,----) p-o-f emhFJr ' 2007, by the Common Council of the City of
Muskego(this agreement is hereby executed.
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 to the ordinances and statutes of the State of Wisconsin
relative thereto.
~P-~ City of Muskego
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General Facility Agreement, Pg. 7
EXHIBIT A
CITY OF MUSKEGO ATHLETIC FIELD USAGE POLICIES AND PROCEDURES
I.
II.
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PRIORITY LEVELS FOR SOFTBALL FIELD USAGE
A. Priority I: Parks and Recreation Department. Adult/Youth Programs (e.g.,
adult men's 35 + softball league, men's softball league).
B. Priority II: Muskego-based Youth Leagues. 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 High 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 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 request will be
placed for future field use consideration.
FEES AND CHARGES
A. Current Charges in Relation to Priority
Priority I--Program fee charged directly to participants/teams
Priority II--Exempt from field usage charge. Maintenance fee to be
assessed.
Priority III--Exempt from field usage charge. Maintenance fee to be
assessed.
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General Facility Agreement, Pg. 8
B.
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Priority IV--Field usage fee to be assessed. Maintenance fee to be
assessed.
Priority V -- To be determined.
Field Usage Fee
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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 ($1 O.OO/field);
Non-resident ($20.00/field)
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: $20.00/night
7. Security Deposit: Resident ($ 250/tournament);
Non-resident ($ 500/tournament)
(usage only, for both)
To be refunded partially or totally upon inspection of the grounds
after the tournament. Misrepresentation 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
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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 are not included on the daily work
schedule. Where 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.
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 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.
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 facilities 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 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)
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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. Theft, vandalism, etc. which occurs
due to the lack of properly securing the facility at the completion of the
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General Facility Agreement, Pg. 10
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.
IV. GENERAL RULES AND REGULATIONS
A. 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.
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 Board--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 made in writing to the Parks and
Recreation Department at least six(6) weeks prior to the scheduled
event(s) .
F. Softball/baseball tournaments may only be scheduled from June 1 5
through August 15.
G. A local team must be eligible to participate in a tournament where non-
resident sponsorship has been granted.
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