CCR2008146-TC Agreement
Exhibit A
FIRST AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF MUSKEGO AND
THE TESS CORNERS VOLUNTEER FIRE DEPARTMENT
WHEREAS, the Tess Corners Volunteer Fire Company, hereinafter referred to as “Tess
Corners,” and the City of Muskego, hereinafter referred to as “City,” entered a certain
Agreement dated March 10, 1999 (such agreement referred to herein as the “1999
Agreement”); and
WHEREAS, Tess Corners maintains a fire station and fire fighting equipment at W144
S6731 Tess Corners Drive and a Substation at S100 W13444 Loomis Drive, Muskego,
Wisconsin; and
WHEREAS, Tess Corners is an independent corporation organized under the
provisions of Wisconsin Statute Chapters 181 and 213; and
WHEREAS, for many years the City and Tess Corners have cooperated in providing fire
services to certain areas of the City on a contract basis; and
WHEREAS, in the past the City has provided the necessary funds to Tess Corners for
the purchase and maintenance of necessary fire fighting equipment as well as the
purchase and maintenance of land and buildings to house the same; and
WHEREAS, the City has not mutually agreed with the Muskego Volunteer Fire
Company for fire protection for that portion of the City where protection was previously
provided by the Muskego Volunteer Fire Company; and
WHEREAS, until this time the Muskego Volunteer Fire Company has provided fire
protection services to that portion of the City not provided with fire protection services by
Tess Corners; and
WHEREAS, Tess Corners has indicated to the City that it can protect the entire City
using only its present facilities and personnel, subject to the terms of this agreement
(referred to herein as the “First Amendment”); and
WHEREAS, the City does not currently possess the personal and real property that
heretofore has been occupied and used by the Muskego Volunteer Fire Company; and
the City will demand such property from the Muskego Volunteer Fire Company, and
litigation may ensue; and this First Amendment is intended to address the interim period
pending resolution of such property issues, and thereafter the parties anticipate entering
a new agreement which is likely to replace this First Amendment and the 1999
Agreement.
NOW, THEREFORE, the parties to this First Amendment, in consideration of the mutual
covenants contained herein, do hereby agree as follows:
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1. Commencing on the 23 day of July, 2008, at 12:01 o’clock a.m. Tess Corners
shall provide fire protection services to the entire City of Muskego.
2. The City shall pay to Tess Corners the following sums, provided such costs do
not exceed $20,000 per month unless otherwise specifically approved by the
City, for the additional fire protection services to be rendered under this First
Amendment:
a. Facility Costs. City shall pay the actual costs for Tess Corners to rent a
building to house equipment on the West side of the City as necessary to
perform pursuant to this First Amendment. Tess Corners may rent such a
facility on a short term basis, with a term of less than or equal to six
months, which may be renewed if necessary during the term of this First
Amendment.
b. Equipment Costs. City shall pay the actual costs for Tess Corners to rent
additional equipment that is necessary to perform pursuant to this First
Amendment, which may include a pumper truck. Tess Corners may rent
such equipment on a short-term basis only, with a term of less than or
equal to six months, which may be renewed if necessary during the term
of this First Amendment.
c. Incidental Costs. The parties recognize that the change from serving a
portion of the City to serving the entire City will require additional costs, to
restructure the department and its equipment, and for the additional costs
of service. The parties cannot quantify these incidental costs in advance,
and instead agree that the City will have the general obligation to
reimburse the actual incidental costs incurred due to this First
Amendment. Tess Corners shall present invoices for such costs to the
City.
3. In the event that the Facility Costs, Equipment Costs, and Incidental Costs, noted
above, exceed $20,000 per month, Tess Corners may request that the City pay
such additional amounts. Such request shall be made in advance of the excess
obligation being incurred, except advance approval is not required for
unforeseeable expenses. The City agrees to pay such additional amounts that
were approved in advance or were unforeseeable, upon presentation of invoices
for such costs, unless the City finds that such costs exceed the amount
reasonably necessary for Tess Corners to perform this First Amendment.
4. Tess Corners shall continue to provide fire protection services to the City
throughout the term of this First Amendment until it is notified in writing by the
City, at its sole discretion, that these additional services are no longer needed;
and this First Amendment shall terminate upon such notification.
5. Tess Corners represents to the City that it has acceptable facilities, equipment
and personnel to provide fire protection to the entire City.
6. Tess Corners shall maintain adequate fire and casualty insurance on all real and
personal property used in the performance of this First Amendment and the 1999
Agreement in an amount equal to not less than the replacement value of all
property, and shall maintain adequate liability insurance, insuring the City against
claims for damage because of, or resulting from any property damage, injury or
death sustained in an amount of at least two million dollars ($2,000,000).
7. Except as expressly modified herein, all provisions of the 1999 Agreement
remain in full force and effect.
8. This First Amendment shall continue in effect, unless terminated pursuant to
Section 4, until the first to occur of the following events:
a. The date that the parties enter an agreement which expressly replaces
this First Amendment and the 1999 Agreement.
b. July 22, 2010, unless extended in writing by the parties.
TESS CORNERS VOLUNTEER CITY OF MUSKEGO
FIRE COMPANY
By:_________________________ By:____________________________
John Johnson, Mayor
By:_________________________ By:____________________________
Janice Moyer, Clerk
Subscribed & sworn to before me Subscribed & sworn to before me
this ____ day of ________, 200__. this ____ day of _________, 200__.
_____________________________ ______________________________
NOTARY PUBLIC, STATE OF WI NOTARY PUBLIC, STATE OF WI
My commission:_________________ My commission:_________________