Fire Agreement-2012AMENDED
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #179-2011
APPROVAL OF FIRE PROTECTION AGREEMENT WITH
TESS CORNERS VOLUNTEER FIRE DEPARTMENT
FOR 2012
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 Public Safety Committee has reviewed the attached agreement for
2012 and has recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Public Safety Committee, 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, 2012 to December 31,
2012, as amended.
BE IT FURTHER RESOLVED That the Mayor and Clerk -Treasurer are hereby
authorized to execute the agreement in the name of the City.
DATED THIS 13T" DAY OF DECEMBER 2011.
SPONSORED BY:
PUBLIC SAFETY COMMITTEE
Aid. Tracy Snead
Aid. Kert Harenda
Aid. Neil Borgman
James Mayer
Philip Kiedrowski
This is to certify that this is a true and accurate copy of Resolution #179-2011 which
was adopted by the Common Council of the City of Muskego.
Clerk -Treasurer
12/11jmb
2012 AGREEMENT
CITY OF MUSKEGO -- TESS CORNERS VOLUNTEER FIRE DEPARTMENT
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AGREEMENT made and entered this 4�__ day of 201�1; by and between Tess
Corners Volunteer Fire Department, a Wiscons n rporation, 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 January 1, 2012 to December 31, 2012. Additionally, that party of the second part
will pay to party of the first part for services rendered a payment of $112,010, 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, 2011, and these documents must be submitted to the City no later than
August 31, 2012.
Fire runs are to be made by the party of the first part to any fire within the City's corporate
boundaries in compliance with a call from any resident of said area.
Party of the first part will furnish the necessary fire trucks, hoses, ladders, and miscellaneous
firefighting 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.
The party of the first will provide quarterly, or upon the request of the City, a report on Fire
Department response activities to the City. This report shall list all individual calls for service. This
report shall include call location and overall response time calculated from time of page for fire
response to fire apparatus arrival. The times listed shall be in detail to the minute. Any calls for
service resulting in "non -emergency" response mode (e.g. false alarms, service calls, etc.) should
be identified as such.
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
City of MuskegolTess Corners Volunteer Fire Department Page 2
2012 Agreement
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.
Any previous contracts between the parties as to payments for services are hereby declared null
and void as of January 1, 2012.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
TESS CORNERS VOLUNTEER FIRE DEPT
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CITYHALUCOMMON COUNCIUCCR2011179-TCVFDAgreement.doc