CCR2006241.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #241-2006
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 an agreement for fire protection for the City's residents; and
WHEREAS, The attached agreement is for the period January 1 through June 30,
2007.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby approve the agreement for fire protection between the Tess
Corners Volunteer Fire Department and the City of Muskego for the period January 1
through June 30, 2007.
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 1ih DAY OF DECEMBER ,2006.
SPONSORED BY:
Mayor John R. Johnson
This is to certify that this is a true and accurate copy of Resolution #241-2006 which
was adopted by the Common Council of the City of uskego.
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12/06jmb
2007 AGREEMENT
CITY OF MUSKEGO -- TESS CORNERS VOLUNTEER FIRE DEPARTMENT
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AGREEMENT made and entered this
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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 the term of this agreement is
January 1, 2007 through June 30, 2007. Additionally, that party of the second part will pay to party of the first part
for services rendered a payment of $39,393.75 for the first quarter of 2007 and a payment of $39,393.75 for the
second quarter of 2007, payable upon receipt of the Fire Department's check ledger for the previous quarter
detailing expenditures for those quarters. The Fire Department agrees to annually allow the City's audit firm to
audit the books and records of the Fire Department related to expenditures of the Department at a time certain
which is mutually agreeable to the City and the Fire Department. Further, the Department agrees that it will fully
cooperate with the City's audit firm, including but not limited to, providing within 30 days of request, all information
the audit firm may request during the audit process. 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.
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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
January 1, 2007.
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 John R. Johnson
Secretary Clerk-Treasurer Janice Moyer
CITYHALUCOMMON COUNCIUCCR2006241 TCVFDagree.doc