CCR20010232/0ljmb
AMENDED
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #23-2001
APPROVAL OF AMENDMENT TO THE INTERGOVERNMENTAL
COOPERATION AGREEMENT
(CITY OF MUSKEG0 FIREARMS TRAINING FACILITY)
BE IT RESOLVED That the Common Council of the City of Muskego, upon the
recommendation of the Finance Committee, does hereby approve the attached
Amendment to the Intergovernmental Cooperation Agreement (City of Muskego
Firearms Training Facility), as amended, subject to written approval of Superior
Emerald Park Landfill, Inc.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
execute the Amendment to the Intergovernmental Cooperation Agreement (City of
Muskego Firearms Training Facility), as amended, in the name of the City subject to
review and approval of the City Attorney.
DATED THIS 13'h DAY OF FEBRUARY ,2001
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #23-2001 which was
adopted by the Common Council of the City of Muskego.
AMENDMENT TO INTERGOVENMENTAL COOPERATION AGREEMENT
(CITY OF MUSKEG0 FIREARMS TRAINING FACILITY)
Pursuant to the provisions of sec. 66.0301 of the Wisconsin Statutes, this Amendment is made
and entered into as of this - day of ,2001, by and between the City of
Milwaukee (“Milwaukee”), a Wisconsin municipal corporation having its principal place of
business at 200 E. Wells Street, Milwaukee, Wisconsin 53202, and the City of Muskego
(“Muskego”), a Wisconsin municipal corporation having its principal place of business at W182
S8200 Racine Avenue, Muskego, Wisconsin 53 150.
RECITATIONS
Whereas, Muskego and Milwaukee desire to cooperate in the construction of an indoor
shooting facility (“Tactical Shoot House”) which includes all of the work to be done pursuant to
Resolution #24-2001 and Resolution #25-2001, as attached, on the grounds of the Muskego
Police Department firing range, which range was the subject matter of the 1999
Intergovernmental Cooperation Agreement between the parties (“1999 Agreement”); and
Whereas, This Amendment amends the 1999 Agreement and sets forth the terms and
conditions under which the parties will participate in the construction and operation of the
Tactical Shoot House; and
Whereas, The Common Council of the City of Milwaukee has approved this Amendment via
Common Council File No. adopted ; and
Whereas, The Muskego Common Council has approved the Amendment on
February 13,200 I.
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Now, Therefore, In consideration of the premises and for the other good and valuable
consideration hereinafter set forth, the parties agree as follows:
1. Muskego agrees to purchase and construct a live fire house hereinafter referred to as the
Tactical Shoot House on the grounds of the Muskego Police Department’s existing firing
range with an anticipated completion date of July 1,2001, barring delays due to weather,
sub-soil conditions, or other unforeseen circumstances. In the event, the pole building in
which the Tactical Shoot House will be erected, or the Tactical Shoot House itself, cannot
be completed due to unforeseen circumstances or expenses, Muskego reserves the right to
end all construction of the pole building and Tactical Shoot House at any time and this
amendment will be null and void. Said Tactical Shoot House shall meet the minimum
specifications described in Attachment 1.
2. Muskego will finance the cost of building the Tactical Shoot House.
3. Milwaukee shall make a payment to Muskego to offset the documented cost of the
Tactical Shoot House, but not to exceed the amount of $100,000. Said payment shall be
made when the Tactical Shoot House has been completed and is available for its intended
use by the Milwaukee Police Department.
4. In return for the receipt of the Milwaukee funding described in Section 3 above, sworn
personnel of the Milwaukee Police Department will be granted access and use of the
Tactical Shoot House. There will be no restrictions on the number of days per year nor
time of day that the Tactical Shoot House will be available for use by the Milwaukee
Police Department, however, the Muskego Police Department will maintain a Master
Schedule for the use of the Tactical Shoot House and scheduling of use will be on a first-
come, first-served basis.
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a 5. Milwaukee will provide a Certified Police Firearms Instructor to supervise the use of the
Tactical Shoot House by their personnel, and will require that the highest safety standards
are adhered to.
6. Both parties agree to share the operation and maintenance costs of the Tactical Shoot
House on an 80% - 20% basis with Milwaukee paying 80% of the annual cost and
Muskego paying 20% of the annual cost. Muskego shall bill the Milwaukee Police
Department for such costs on an annual basis and Milwaukee’s cost shall not exceed
$10,000 in any one calendar year. In March, 2012, both parties agree to re-open this
section of this Agreement and negotiate the amount of the annual maintenance payment to
reflect the actual ongoing maintenance expenses incurred. If the parties cannot agree on a
maintenance payment amount when this section of the agreement is renegotiated, the
parties agree to have an independent arbitrator resolve the conflict, the cost of which shall
be borne equally by the parties.
7. The replacement or repair of equipment, property or facilities damaged through
negligence will be at the expense of the agency responsible for causing such damage and
shall be in addition to the maintenance costs referred to in paragraph #6 of this agreement.
8. The term of the 1999 Agreement shall be extended to August 27,2027.
9. Except as herein modified, the 1999 Agreement shall remain in full force and effect.
10. With regard to any claims of liability which may arise from the use of the Tactical Shoot
House, each party expressly agrees that it will be solely and exclusively liable for the acts
or negligence of its own agents, servants, and/or employees in accordance with all
applicable Federal Law or Wisconsin Statutes. Each of the parties will hold harmless
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from the consequences of the act or negligence on the part of its own agents, servants,
ador employees.
IN THE PRESENCE OF: CITY OF MILWAUKEE
Mayor
City Clerk
COUNTERSIGNED:
Comptroller
CITY OF MUSKEGO IN THE PRESENCE OF:
Mayor
City Clerk
Approved as to content this
- day of ,2001
Special Deputy City Attorney
Approved as to form and execution this
- day of ,2001
Special Deputy City Attorney
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