CCR2007029COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #029-2007
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, On December 12, 2006, the Common Council approved an agreement for
the period January 1 through June 30,2007 but the agreement was never executed;
and
WHEREAS, The attached agreement for the period January 1 through June 30, 2007
includes revised language and requires approval of the Common Council.
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 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 13th DAY OF February ,2007.
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 #029-2007 which
was adopted by the Common Council of the City of/rus~eg9'
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2007 AGREEMENT
CITY OF MUSKEGO - TESS CORNERS VOLUNTEER FIRE DEPARTMENT
AGREEMENT made and entered this..l.5L. day of F d ,2007, by and between Tess Comers
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 have its financial statements including a Statement of Financial Position, Statement of Activities,
and a Statement of Cash Flows including Notes to the Financial Statements prepared in conformity with
accounting principles generally accepted in the United States of America, and to have such statements
audited by a certified public accountant in accordance with auditing standards generally accepted in the
United States of America. The audit of the Fire Department's statements must be completed and submitted
to the City no later than August 31 of the subsequent year. The Fire Department also agrees to annually
submit a copy of its tax return to the City by August 31 of the subsequent year. The City agrees to allow the
Fire Department to include in its annual budget the cost of obtaining an audit in accordance with this
provision. Further, the requirement to submit audited financial statements and a copy of the Fire
Department's tax return is effective for financial information for the year ended December 31, 2006, and
these documents must be submitted to the City no later than August 31, 2007.
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 to continue receiving the 2% Fire Insurance Entitlement Dues.
Each party agrees to provide notice to the other party at least sixty (60) days prior to the expiration of this
agreement if any contract terms other than term and payment are expected to be different than as described
herein for any subsequent contract term.
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.
City of MuskegofTess Corners Volunteer Fire Department
2007 Agreement
Page 2
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.
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Secretary
CITY OF MUSKEGO
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TESS CORNERS VOLUNTEER FIRE DEPT.
CITYHALUCOMMON COUNCIUCCR2007029TCVFDagree.doc