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CCR2009079-Attachment COUNTYWIDE MUTUAL AID AGREEMENT th This Mutual Aid Compact is made and entered into this 15 day of July, 2010 by and between the participating Waukesha County municipalities as authorized by their respective governing bodies. WHEREAS, emergencies involving natural disasters and/or technological incidents will arise which may require additional assistance beyond each Participating Municipality’s own resources; and WHEREAS, the knowledge, skills and abilities of personnel employed by the Participating Municipalities could be requested to assist in dealing with natural and/or man made disasters affecting another Participating Municipality, and WHEREAS, the parties recognize that natural and/or man made disasters can more effectively be handled by pooling of human resources; and WHEREAS, the parties have authority to enter into this Mutual Aid Compact pursuant to Sections 59.03, 59.04, 66.0301, 66.0313, 66.0314, and 166.30 of the Wisconsin State Statutes. NOW THEREFORE, in consideration of the mutual covenants and compacts hereinafter set forth, the Participating Municipalities agree as follows: 1. This compact shall not supersede existing mutual aid agreements such as the law enforcement Suburban Mutual Assistance Response Team (SMART), the fire service Mutual Aid Box Alarm System (MABAS) agreements, or other inter-governmental mutual aid agreements. Where no agreement exists, or current agreement language does not adequately address the local need for assistance, this compact may be implemented at the discretion of the requesting jurisdiction. In any case involving conflict between this agreement and a prior, existing agreement, the prior, existing agreement shall control unless specific language exists to resolve the conflict in a different manner. 2. The duration of this compact shall be a one-year period; the Compact shall automatically be renewed on a year-to-year basis. Any of the parties may terminate this Compact by providing at least ninety (90) days written notice of said intent to terminate participation in the Compact to all other parties to the Compact. 3. No separate legal entity is created by this Compact. 4. The power to make a request for assistance or to provide assistance under this Compact shall reside in the Head of Emergency Management Services, Chief Elected Official or their designee of each respective Participating Municipality. 5. It is expressly understood and agreed by the parties hereto that the rendering of assistance under the terms of this Compact shall not be mandatory, and shall be within the sole discretion of the party receiving the request. Assistance may be refused, and assistance which is being provided may be terminated at any time, within the sole discretion of the party receiving the request. In situations where the responding personnel are unable to furnish the requested assistance they will notify the requesting Participating Municipality as soon as practicable that assistance will not be rendered. No Participating Municipality may make any claim whatsoever against the requested municipality for refusal of assistance. 6. All personnel acting for a member under this compact shall, at all times, remain an employee of the person’s own municipality, except as provided for law enforcement mutual aid under Wisconsin statute 66.0513 which shall apply. 7. In case of an incident, responding personnel will operate under the established command structure of the requesting Participating Municipality. C:\\Users\\bloudon.MUSKEGO\\AppData\\Local\\Temp\\CCR2009079-Attachment_197498\\CCR2009079-Attachment.doc October 15, 2010 8. During the term of this compact, each Participating Municipality shall maintain the following General Liability Insurance coverage: $1,000,000 bodily injury and $1,000,000 property damage. Immediately upon execution of this compact, each Participating Municipality shall provide the other participating municipalities with a certificate evidencing such insurance. In the event that any municipality receives notification of cancellation of such policy, said municipality shall immediately notify all other participating municipalities and the County Office of Emergency Management of such notice. In the event that any municipality has its policy cancelled, each of the other Participating Municipalities may, by written notice, terminate this compact with that municipality without terminating the provisions of this compact with other participants. Subject to the limitations of sec. 893.80, Wis. Stats.,the requesting jurisdiction agrees to indemnify responding municipalities in the events of claims for acts or omissions taken or omitted in good faith and within scope of normal employment or delegations of authority. 9. No party operating under the terms of this Compact shall discriminate against any individual because of race, color, religion, sex, age, sexual preference/orientation, marital status, citizen status, national origin or ancestry, presence of a disability, status as a veteran of the Vietnam era, or any other legally protected status in any manner, prohibited by the laws of the State of Wisconsin or the laws of the United States. 10. Charges to a Participating Municipality that requests assistance from other Participating Municipalities shall be as follows: A. Labor force. Charges for labor force shall be in accordance with the assisting municipality’s standard practices. B. Equipment. Charges for equipment supplied by an assisting municipality shall be at the reasonable and customary rates for such equipment in Waukesha County. C. Transportation. The assisting municipality shall transport needed personnel and equipment by reasonable and customary means and shall charge reasonable and customary rates for such transportation. D. Meals, lodging, and other related expenses. Charges for meals, lodging, and other expenses related to the provision of aid pursuant to this Agreement shall be the reasonable and actual costs incurred by the assisting municipality. Regardless of the foregoing, there shall be no inter-municipal charges for the first 48 hours of assistance provided to a Participating Municipality requesting assistance under this compact on a per incident basis unless other agreements supersede this compact. It is the responsibility of the requesting municipality to specifically invoke this agreement when the request is made. Charges shall be assessed for any assistance provided beyond 48 hours per incident. 11. Emergency Management staff provided under this compact shall be at no charge to the requesting Participating Municipality. Recognizing that provision of assistance incurs costs to the assisting municipality, any expenses incurred by the assisting Participating Municipality recoverable from third parties, responsible parties or State and Federal disaster assistance funds shall be reimbursed to the assisting Participating Municipality. Survival: The terms and conditions of this Compact shall survive completion of the services under this Compact or any termination of this Compact. Waiver: A waiver by any party of any breach of this Compact shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach. Severability: The invalidity, illegality or unenforceability of any provision of this Compact or the occurrence of any event rendering any portion or provision of this Compact void shall in no way affect the C:\\Users\\bloudon.MUSKEGO\\AppData\\Local\\Temp\\CCR2009079-Attachment_197498\\CCR2009079-Attachment.doc October 15, 2010 validity or enforceability of any other portion of this Compact. Any void provision shall be deemed severed from this Compact and the balance of this Compact shall be construed and enforced as if it did not contain the particular portion or provision held to be void. The Parties further agree to amend this Compact to replace any stricken provision with a valid provision that comes as closes as possible to the intent of the stricken provision. The provisions of this Article shall not prevent this entire Compact from being void should a provision which is of the essence of this Compact be determined void. Integration: This Compact represents the entire and integrated compact between the parties. It supersedes all prior and contemporaneous communications, representations and compacts, whether oral or written, relating to the subject matter of this Compact. Assignment: No party shall assign any rights or duties under the Compact without the prior written consent of the other parties. Unless otherwise stated in written consent to an assignment, no assignment will release or discharge the assignor from any obligation under the Compact. No Construction Against Any Party: This Compact is the product of negotiations between the parties and was either reached with the advice of legal counsel or the opportunity to obtain legal counsel, Multiple Originals: This compact may be executed in multiple originals, each of which together shall constitute a single compact. Each participating municipality shall provide 2 signature pages with original signatures. The originating municipality retains one copy and the second copy shall be filed with the County Office of Emergency Management. The County Office of Emergency Management shall provide each participating municipality’s Clerk with electronic copies of the signature pages for each of the other participating municipalities in portable document format (pdf) or similar data standard. The signature pages shall be considered an attachment to this compact. Captions: The parties agree that in this compact captions are used for convenience only and shall not be used in interpreting or construing this compact. No Partnership or Joint Venture: This compact shall not in any way be deemed to create a partnership or joint venture between the parties of the Compact. Statutory Protections: It is agreed by the parties that nothing in this compact, including but not limited to indemnification and hold harmless clauses, shall in any way constitute a waiver on the part of the parties of any immunity, liability limitation or other protection available to them under any applicable statute or other law. To the extent that any provision of this compact is found by any court or competent jurisdiction to conflict with any such legal protection, then whichever protections, either statutory or contractual, provide a greater benefit to the party shall apply unless the party elects otherwise. Compliance with Laws: The parties agree to comply with all applicable Federal, State and local codes, regulations, standards, ordinances, and other laws. IN WITNESS WHEREOF, the parties have executed this Compact. Date Emergency Management Department Head Date Mayor/Administrator/Board Chair or President Municipal Clerk Date C:\\Users\\bloudon.MUSKEGO\\AppData\\Local\\Temp\\CCR2009079-Attachment_197498\\CCR2009079-Attachment.doc October 15, 2010