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CCR2005228. . AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #228-2005 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 a agreement for fire protection for the City's residents; and WHEREAS, The attached agreement, as amended, 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 amended agreement for fire protection between the Tess Corners Volunteer Fire Department and the City of Muskego. 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 13th DAY OF DECEMBER ,2005. SPONSORED BY: FINANCE COMMITTEE Ald. Bob Melcher Ald. Nancy Salentine Ald. Eileen Madden This is to certify that this is a true and accurate copy of Resolution #228-2005 which was adopted by the Common Council of the City of ,ryskego. LI/il /{ , ;'. / . lerkr Treasurer 12/05jmb ....J 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 ofthe second part: 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 commencing January 1, 2006 and ending March 31, 2006 by paying to the party of the first part the sum of thirty-nine thousand three hundred ninety-three dollars and 75 cents ($39,393.75) 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 payment shall be made in advance. Party of the first part agrees to make fire runs 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 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 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 are hereby declared null and void as of January I, 2006. 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 Charles H. Damaske . Secretary Clerk-Treasurer Janice Moyer CITYHALUCOMMON COUNCIUCCR2005228TCVFDagree.doc . . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #228-2005 APPROVAL OF FIRE PROTECTION AGREEMENT WITH TESS CÇRNERS VOLUNTEER FIRE DEPARTMENT FOR 2006 \, U ÿ;/V/J ,2 ,,,f l, I /1~ C' WHEREAS, It is neces~~ry that the City of Muskego and the Tess Corners Volunteer Fire Department enter int~ agreement for fire protection for the City's residents; and , WHEREAS, The attached aÒ'f:eement has been recommended for approval by the Finance Committee. \\ \ \ \ NOW, THEREFORE, BE IT RES~LVED That the Common Council of the City of Muskego, upon the recommendati~ of the Finance Committee, does hereby approve the agreement for fire protection be~en the Tess Corners Volunteer Fire Department and the City of Muskego for 2006. \ BE IT FURTHER RESOLVED That the ~yor and Clerk-Treasurer are hereby authorized to execute the agreement in the~ame of the City. DATED THIS DAY OF FINAN COMMITTEE Ald. Bob elcher Ald. Nancy"$alentine Ald. Eileen ~adden \ \ \ This is to certify that this is a true and accurate copy of Resolution #228-20 was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 12/05jmb . . . 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 part: 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 I, 2006 and ending December 31, 2006 by paying to the party of the first part the sum of one hundred fifty seven thousand five hundred seventy five dollars ($157,575) 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 runs to any fire within the area hereinafter described, and in compliance with the caIl from any resident of said area. The area referred to is described as follows: Section 1,2,3,10, II, 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 offuIl 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 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 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 are hereby declared null and void as of January I, 2006. 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 Charles H. Damaske Secretary Clerk-Treasurer Janice Moyer CITYHALUCOMMON COUNCIUCCR2005228TCVFDagree.doc