CCR2007254.
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AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #254-2007
APPROVAL OF FIRE PROTECTION AGREEMENT WITH
TESS CORNERS VOLUNTEER FIRE DEPARTMENT
WHEREAS, It is necessary that the City of Muskego and the Tess Corners Volunteer
Fire Department enter into an agreement for fire protection for the City's residents; and
WHEREAS, The attached agreement is for the period January 1, 2008 to December
31,2008; and
WHEREAS, The Committee of the Whole has reviewed the agreement and has
recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Committee of the Whole, does hereby
approve the agreement for fire protection between the Tess Corners Volunteer Fire
Department and the City of Muskego for the period January 1,2008 to December 31,
2008.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to execute the agreement in the name of the City.
BE IT FURTHER RESOLVED That the parties to the contract may open the contract in
the fourth quarter to address budget shortfall or unification costs.
DATED THIS 11TH DAY OF DECEMBER, 2007.
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SPONSORED BY:
COMMITTEE OF THE WHOLE
Ald. Tracy Snead
Ald. Dan Pavelko
Ald. Neil Borgman
Ald. Keith Werner
Ald. Bob Melcher
Ald. Tina Schaefer
Ald. Noah Fiedler
This is to certify that this is a true and accurate copy of Resolution #254-2007 which
was adopted by the Common Council of the City of skego.
12/07jmb
2008 AGREEMENT
. CITY OF MUSKEGO -- TESS CORNERS VOLUNTEER FIRE DEPARTMENT
AGREEMENT made and entered this
-
day of ,2007, by and between Tess Corners
Volunteer Fire Department, a Wisconsin Corporation, party of the first part and the City of Muskego, a
Municipal Corporation of the State of Wisconsin, party of the second part:
IN CONSIDERATION of the mutual covenants herein contained, it is agreed: That the term of this
agreement is
.
Additionally, that party of the second part will pay to
party of the first part for services rendered a payment of $
,
payable upon
receipt of the Fire Department's check ledger for the previous quarter detailing expenditures for those
quarters. The Fire Department agrees to annually have its financial statements including a Statement of
Financial Position, Statement of Activities, and a Statement of Cash Flows including Notes to the Financial
Statements prepared in conformity with accounting principles generally accepted in the United States of
America, and to have such statements audited by a certified public accountant in accordance with auditing
standards generally accepted in the United States of America. The audit of the Fire Department's statements
must be completed and submitted to the City no later than August 31 of the subsequent year. The Fire
Department also agrees to annually submit a copy of its tax return to the City by August 31 of the subsequent
year. The City agrees to allow the Fire Department to include in its annual budget the cost of obtaining an
audit in accordance with this provision. Further, the requirement to submit audited financial statements and a
copy of the Fire Department's tax return is effective for financial information for the year ended December 31,
2007, and these documents must be submitted to the City no later than August 31, 2008.
Fire runs are to be made by the party of the first part to any fire within the area hereinafter described, and in
compliance with the call from any resident of said area. The area referred to is described as follows:
.
Section 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36, and all that part of
the East 1/2 of Section 33 lying East of the canal leading from Big Muskego Lake southerly to
the Waukesha-Racine County Line, all of Township 5 North, Range 20 East, Waukesha
County, Wisconsin, more commonly known as all lands east of Lannon Drive extended north
and south and all lands east of Muskego Canal south of Big Muskego Lake.
Party of the first part will furnish the necessary fire trucks, hoses, ladders, and miscellaneous fire fighting
equipment, and the volunteer fire fighting assistance made by any resident of the area to be served by party
of the first part under this Agreement.
Party of the first part assumes all liability for damages caused by the negligent operation of its fire trucks or
equipment, and agrees to obtain automobile liability insurance covering the operations of its trucks said
insurance to have a minimum liability for bodily injury in the amount of $2,000,000.00 Combining Single Limit.
A certificate of insurance naming the City as an additional insured shall be sent to the City showing the above
requirements have been complied with and providing for written notice to the City 30 days in advance of full or
partial cancellation, on the City's approved form. Memorandum copies of the insurance policies shall be
provided to the City upon request.
The party of the second part, recognizing the value of mutual aid agreements between fire departments,
agrees to permit Tess Corners Volunteer Fire Department to continue on with such agreements. The Tess
Corners Volunteer Fire Department need remain in compliance with the Department of Commerce standard
requirements for Chapter Comm 30 to continue receiving the 2% Fire Insurance Entitlement Dues.
Each party agrees to provide notice to the other party at least sixty (60) days prior to the expiration of this
agreement if any contract terms other than term and payment are expected to be different than as described
herein for any subsequent contract term.
. For valuable consideration acknowledged by each party, the Tess Corners Fire Department hereby agrees
that it will comply with any and all requirements of the law commonly known as the Wisconsin Open Meetings
Law, the Wisconsin Open Records Law, and the Wisconsin Fair Labor Law.
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City of Muskego/Tess Corners Volunteer Fire Department
2008 Agreement
Page 2
Any previous contracts between the parties as to payments for services are hereby declared null and void as
of January 1, 2008.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above
written.
TESS CORNERS VOLUNTEER FIRE DEPT. CITY OF MUSKEGO
President Mayor John R. Johnson
Secretary Clerk-Treasurer Janice Moyer
CITYHALUCOMMON COUNCIUCCR2007254- TCVFDAgreement.doc