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CCR2006172. . . AMENDED COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #172-2006 APPROVAL OF FOURTH QUARTER 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 an agreement for fire protection for the City's residents; and WHEREAS, The attached agreement, as amended, for the period October 1 to December 31,2006 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, as amended, for fire protection between the Tess Corners Volunteer Fire Department and the City of Muskego for the fourth quarter of 2006. 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 SEPTEMBER ,2006. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eileen Madden Ald. Neil Borgman This is to certify that this is a true and accurate copy of Resolution #172-2006 which was adopted by the Common Council of the City of Muskego. 9/06jmb . . . FOURTH QUARTER AGREEMENT CITY OF MUSKEGO -- TESS CORNERS VOLUNTEER FIRE DEPARTMENT AGREEMENT made and entered this _ day of , 2006, 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: That party of the second part will pay to the party of the first part for services rendered between October 1, 2006 and December 31, 2006 funds based entirely on submissions from the party of the first part of written documentation (invoices/statements) to the City Finance Department from vendors or service providers and that payments of those invoices/statements shall be two party checks from the party of the second part to the party of the first part and the vendor or service provider subject to approval of the City Finance Committee. Fire runs are to be made by the party of the first part 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, 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 Department of Commerce standard requirements for Chapter Comm 30 and 32 to continue receiving the 2%. 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 October 1, 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 COUNCIUCCR2006172TCVFDagree.doc . . . . . . i ' \ r \ '{ ~ COMMON COUNCIL - CITY OF MUSKEGO '_ (\~), \ ; RESOLUTION #172-2006 ~/ ~'t-' ("~.\ APPROVAL OF FOURTH QUARTER FIRE PROTECTION AG EMEN~ W~TH TESS CORNERS VOLUNTEER FIRE DEPART NT /' WHEREAS, It is necessary that the City of Muskego and thetss Corners Volunteer Fire Department enter into an agreement for fire protectio;J6r the City's residents; and WHEREAS, The attached agreement for the period o~~er 1 to December 31,2006 has been recommended for approval by the Finance rmmittee. NOW, THEREFORE, BE IT RESOLVED That the mmon Council of the City of Muskego, upon the recommendation of the Finan e Committee, does hereby approve the agreement for fire protection between the T s Corners Volunteer Fire Department and the City of Muskego for the fourth quarter f 2006. BE IT FURTHER RESOLVED That the Ma r and Clerk-Treasurer are hereby authorized to execute the agreement in t name of the City. DATED THIS DAY OF --/--.2006. / I / / / l / This is to ceLt this is a true and accurate copy of Resolution #172-2006 which was ad07bY the Common Council of the City of Muskego. J Clerk-Treasurer SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eileen Madden Ald. Neil Borgman 9/06jmb