CCR2026.014-TCFD AgreementCOMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #014-2026
APPROVAL OF FIRE PROTECTION SERVICES AGREEMENT WITH
TESS CORNERS VOLUNTEER FIRE DEPARTMENT
WHEREAS, it is necessary that the City of Muskego and the Tess Corners Volunteer Fire
Department, hereinafter ("TCVFD"), enter into an Agreement for fire protection for the City's
residents; and
WHEREAS, an Agreement between the parties was recommended by the Finance Committee
and passed by the Common Council at its meeting of December 16, 2025; and
WHEREAS, subsequent to said meeting, TCVFD retained legal counsel to review the Agreement;
that TCVFD requested modifications to the Agreement; and
WHEREAS, the Common Council reviewed and discussed TCVFD's modifications at its regular
meeting of February 10, 2026, and requested additional modifications be made to its proposed
Agreement, and deferred the matter to a later date; and
WHEREAS, that said changes were communicated to TCVFD's legal counsel via written
correspondence; and
WHEREAS, that on February 23, 2026, via phone conference, the parties discussed and agreed
upon, subject to Common Council confirmation, the Agreement attached hereto; that on February
24, 2026, at its regular meeting, the Common Council reviewed and discussed the Agreement
and voted to defer this matter for more negotiations between the parties; and
WHEREAS, on March 4, 2026, via phone conference, the parties discussed the Agreement again
with the intention that further negotiations may result in agreed upon modifications to get a Fire
Protection Services Agreement in place; that the Fire Departments position is that they are not
able or willing to make any further changes to the Agreement; that the attached Agreement, if
approved, is the identical document that was presented and deferred at the February 24, 2026,
Common Council Meeting.
NOW, THEREFORE, BE IT RESOLVED that, upon further review and discussion, the Common
Council of the City of Muskego, does hereby approve the attached Agreement for Fire Protection
Services between the TCVFD and the City of Muskego for the period January 1, 2026, to
December 31, 2027.
BE IT FURTHER RESOLVED that this Resolution will nullify Resolution #090-2025, approved by
the Common Council on December 16, 2025, relating to the Fire Protection Agreement between
the City of Muskego and the TCVFD.
BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to sign the
Agreement and the City Attorney is authorized to make substantive changes to it as may be
necessary to preserve the general intent thereof.
BE IT FURTHER RESOLVED that the Mayor is authorized to sign such substantive changes
made by the City Attorney.
Resolution #011 -2026
DATED THIS 10th DAY OF MARCH, 2026.
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ALDERMAN BOB HAMMEL
Page 12
This is to certify that this is a true and accurate copy of Resolution #014-2026 which was
adopted by the Common Council of the City of Muskego.
City Clerk, Kerri Roller
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2026.2027 AGREEMENT
CITY OF MUSKEGO -- TESS CORNERS VOLUNTEER FIRE DEPARTMENT
AGREEMENT made by and between Tess Corners Volunteer Fire Department, a Wisconsin non -stock
corporation, hereinafter referred to as TCVFD and the City of Muskego, a Municipal Corporation of the
State of Wisconsin, hereinafter referred to as the City, to be effective as of January 1, 2026.
IN CONSIDERATION of the mutual covenants herein contained, it is agreed:
That the term of this Agreement is January 1, 2026 to December 31, 2027.
The City will pay to TCVFD a payment of $175,000.00 for 2026 services, payable upon receipt of the
TCVFD's check ledger for the previous quarter detailing expenditures for those quarters.
TCVFD agrees to provide its 501(c)(4) Organizations financial documents, including but not limited to
financial statements on a quarterly basis to City for each year of this Agreement. The quarterly financial
statements provided by TCVFD to the City shall also inciude the total amount of donations received by
TCVFD for the applicable quarter.
Payment for Calendar Year 2027 services by the City to TCVFD shall be agreed upon by the parties
following negotiations thereon which shall occur between June 1, 2026 and September 30, 2026 such that
the agreed upon amount can be approved by the Common Council prior to the end of Calendar Year 2026.
In the event the parties cannot agree on an amount for 2027 services, the amount to be paid for 2027
services shall be the amount paid for 2026 services.
Any capital expenditure requests exceeding $50,000.00 will be discussed and approved by the Common
Council at the annual capital budget meeting.
Fire runs are to be made by TCVFD to any fire within the City's corporate boundaries in compliance with a
call from any resident of said area.
TCVFD 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 TCVFD under this
Agreement.
TCVFD will provide quarterly, or upon the request of the City, a report on Fire Department response
activities to the Public Works and Safety Committee. This report shall list all individual calls for service. This
report shall include the currently available report that shows incident number, unit, date, alarm and arrival
time and response time. Specific individual response times and locations within the quarterly report may be
requested by the Committee from time to time for the purpose of clarifying the individual specific response
limes.
TCVFD 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 Combined Single Limit. TCVFD
shall provide separate written Endorsements to its General Liability Policy of Insurance for the following;
Naming the City as an Additional Insured, Waiver of Subrogation, Primary and Non -Contributory Insurance
Coverage and Thirty (30) Day Notice of Cancellation. A Certificate of Insurance along with said
Endorsements shall be provided to the City upon request showing evidence of the above insurance
requirements. Providing a Certificate of Insurance by itself or in lieu of the required written Endorsements,
which states that the Endorsements apply to the policy, is not acceptable.
3782 t 822.3
City of Muskego/Tess Corners Volunteer Fire Department Page 2
2026 Agreement
The City, recognizing the value of mutual aid agreements between fire departments, agrees to permit
TCVFD to continue with such agreements. TCVFD needs to remain in compliance with the Department of
Commerce standard requirements for Comm. 30 to continue receiving the 2% Fire Insurance Entitlement
Dues.
TCVFD agrees to indemnify, defend, and hold harmless the City, its elected and appointed officials, officers,
employees, agents, representatives and volunteers, and each of them, from and against any and all claims,
demands, damages, suits, and actions, including attorney's fees, caused by reason of any act, omission,
fault, or negligence, whether active or passive, of TCVFD or of anyone acting under its direction or control
or on its behalf. The obligation to indemnify, defend, and hold harmless the City, shall be applicable unless
liability results from the sole negligence of the City, its elected and appointed officials, officers, employees,
agents, representatives and volunteers.
TCVFD agrees to wholly participate with the City's consultant in the evaluation of current services and
participate in discussions relating to the advice and recommendations of said consultant regarding future
fire protection services for the City.
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.
Either party can terminate this Agreement for any reason upon providing ninety (90) days' written notice to
the other party. In the event of termination, TCVFD shall be paid for its services as defined in this Agreement
through the final date of providing said services to the City. This termination provision shall not effect or
change in any manner the Dissolution Agreement entered into by the parties on March 10, 1999, including
written signed Amendments thereto.
Upon the written request by the City, TCVFD will cooperate with the City in connection with the City's
compliance with the Wisconsin Public Records Law, and provide records that it is required to provide under
the Wisconsin Public Records Law to the City. TCVFD agrees that it will comply with applicable laws in all
material respects.
This Agreement and the Dissolution Agreement constitute the entire agreement and understanding of the
parties hereto with respect to the subject matter of this Agreement, and supersedes and replaces all
agreements and understandings between the parties hereto with respect to the subject matter of this
Agreement prior to the date of this Agreement.
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
Secretary
Mayor Rick Petfalski
City Clerk Kerri Roller