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CCR2002236COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #236-2002 APPROVAL OF FIRE PROTECTION AGREEMENT WITH TESS CORNERS VOLUNTEER FIRE DEPARTMENT FOR 200 '3 WHEREAS, It is necessary that the City of Muskego and the Tess Corners Volunteer Fire Department enter into a agreement for fire protection for the City's residents; and WHEREAS, The attached agreement has been recommended for approval by the Finance Committee. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the agreement for fire protection between the Tess Corners Volunteer Fire Department and the City of Muskego for 2003. 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 12th DAY OF November ,2002. SPONSORED BY: FINANCE COMMITTEE Ald. Rick Petfalski Ald. Nancy Salentine This is to certify that this is a true and accurate copy of Resolution #236-2002 which was adopted by the Common Council of the City of Muskego. 11102jmb AGREEMENT CITY OF MUSKEGO -- TESS CORNERS VOLUNTEER FIRE DEPARTMENT AGREEMENT made and entered this day of , 200-. 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 pan: IN CONSIDERATION of the mutual covenants herein contained, it is agreed: The party of the second part will compensate the party of the first part for its fire services for one year commencing January 1, 2003 and ending December 3 1, 2003 by paying to the party of the first part the sum of two hundred sixty-eight thousand seven hundred fifty dollars ($268,750) which has been agreed upon by the parties, each of whom agrees to negotiate in good faith, during the budget proceedings for the party of the second part. The payments shall be made quarterly in advance. Party of the first part agrees to make fire rum 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 112 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 south of Big Muskego Lake. known as all lands east of Lamon Drive extended north and south and all lands east of Muskego Canal 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 %l,OOO,OOO.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, 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 deparnnents in Waukesha County, agrees to permit Tess Comers Volunteer Fire Department to continue on with such agreements. For valuable consideration acknowledged by each party, the Tess Comers Fire Department hereby agrees that it will comply Records Law, and the Wisconsin Fair Labor Law. with any and all requirements of the law commonly known as the Wisconsin Open Meetings Law, the Wisconsin Open Any previous contracts between the parties are hereby declared null and void as of January 1, 2003. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written TESS CORNERS VOLUNTEER FIRE DElT. CITY OF MUSKEGO President Mayor Mark A. Slocomb Secretary Clerk-Treasurer Jean K. Marenda CITYHALUCOMMON COUNCIURESO-2002:R236-200ZTCVFDagree.doc