CCR2021089-TCVFD Agreement2022 - 2023 AGREEMENT
CITY OF MUSKEGO -- TESS CORNERS VOLUNTEER FIRE DEPARTMENT
AGREEMENT made by and between Tess Corners Volunteer Fire Department, a Wisconsin
Corporation, hereinafter referred to as TCVFD and the City of Muskego, a Municipal Corporation of
the State of Wisconsin, hereinafter referred to as the City.
IN CONSIDERATION of the mutual covenants herein contained, it is agreed:
That the term of this Agreement is January 1, 2022 to December 31, 2023.
The City will pay to TCVFD a payment of $137,012.75 for 2022 services, payable upon receipt of the
TCVFD’s check ledger for the previous quarter detailing expenditures for those quarters.
TCVFD agrees to have its financial statements including work notes and financial Statements
prepared quarterly in conformity with accounting principles.
Payment for Calendar Year 2023 services by the City to TCVFD shall be agreed upon by the parties
following negotiations thereon which shall occur between June 1, 2022 and September 30, 2022
such that the agreed upon amount can be approved by the Common Council prior to the end of
Calendar Year 2022. In the event the parties cannot agree on an amount for 2023 services, the
amount paid for 2022 shall be extended through the term of this Agreement.
The City will fund an amount of $707,700.00 for capital expenditures as itemized in Addendum 1.
Fire runs are to be made by TCVFD to any fire within the City’s corporate boundaries in compliance
with a call from any resident of said area.
TCVFD will furnish the necessary fire trucks, hoses, ladders, and miscellaneous firefighting
equipment, and the volunteer fire fighting assistance made by any resident of the area to be served
by TCVFD under this Agreement.
TCVFD will provide quarterly, or upon the request of the City, a report on Fire Department response
activities to the Public Works and Safety Committee. This report shall list all individual calls for
service. This report shall include the currently available report that shows incident number, unit, date,
alarm and arrival time and response time. Specific individual response times and locations within the
quarterly report may be requested by the Committee from time to time for the purpose of clarifying
the individual specific response times.
TCVFD 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 Combined
Single Limit. TCVFD shall provide separate written Endorsements to its General Liability Policy of
Insurance for the following; Naming the City as an Additional Insured, Waiver of Subrogation, Primary
and Non-Contributory Insurance Coverage and Thirty (30) Day Notice of Cancellation. A Certificate
of Insurance along with said Endorsements shall be provided to the City upon request showing
evidence of the above insurance requirements.
The City, recognizing the value of mutual aid agreements between fire departments, agrees to permit
TCVFD to continue with such agreements. TCVFD needs to remain in compliance with the
Department of Commerce standard requirements for Comm. 30 to continue receiving the 2% Fire
Insurance Entitlement Dues.
City of Muskego/Tess Corners Volunteer Fire Department Page 2
2022-2023 Agreement
TCVFD agrees to indemnify, defend, and hold harmless the City, its elected and appointed officials,
officers, employees, agents, representatives and volunteers, and each of them, from and against
any and all claims, demands, damages, suits, and actions, including attorney’s fees, caused by
reason of any act, omission, fault, or negligence, whether active or passive, of TCVFD or of anyone
acting under its direction or control or on its behalf. The obligation to indemnify, defend, and hold
harmless the City, shall be applicable unless liability results from the sole negligence of the City, its
elected and appointed officials, officers, employees, agents, representatives and volunteers.
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, TCVFD 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, 2022.
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
Dated: Dated:
___________________________________
President Mayor Rick Petfalski
___________________________________
Secretary Clerk-Treasurer Sharon Mueller
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