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CCR1998174COMMON COUNCIL -CITY OF MUSKEG0 RESOLUTION #174-98 A RESOLUTION AUTHORIZING A MUTUAL AID AGREEMENT PARTICIPATION IN SUBURBAN MUTUAL ASSISTANCE RESPONSE TEAMS WHEREAS, The City of Muskego and other participating agencies in this agreement are so located that it is to the advantage of each to extend aid to the other with respect to the delivery of law enforcement services; and WHEREAS, it is recognized that the use of police officers to perform duties outside the territorial limits of the municipality by whom they are employed may be desirable and may be required under certain circumstances to protect and preserve the common health, safety, and welfare; and WHEREAS, the City of Muskego and other participating agencies deem mutual aid law enforcement services to be in the best interest of their respective communities; and WHEREAS, authority is granted to enter into the mutual aid agreement pursuant to the law of the State of Wisconsin in Section 66.30: NOW, THEREFORE, BE IT RESOLVED that the Common Council for the City of Muskego, hereby authorizes the Mayor, Clerk and Police Chief to execute the agreement, a copy of which is attached to this resolution. BE IT FURTHER RESOLVED that all City of Muskego officials and employees are hereby authorized and directed to do and perform all that is necessary to successfully carry out the terms of this resolution. BE IF FURTHER RESOLVED that this resolution shall take effect and be in force from and afler its passage. DATEDTHIS 22nd DAY OF SEPTEMBER ,1998. SPONSORED BY: FINANCE COMMITTEE Ald. Mark A. Slocomb Ald. David J. Sanders Ald. Nancy C. Salentine This is to certify that this is a true and accurate copy of Resolution #174-98 which was adopted by the Common Council of the City of Muskego. C. a SUBURBAN MUTUAL ASSISTANCE RESPONSE TEAMS The undersigned agencies agree pursuant to Wisconsin Statutes as follows: Section 1 PURPOSE OF AGREEMENT This agreement is made in recognition of the fact that situations may occur which are beyond the ability of the individual law enforcement agency to deal with effectively in terms of personnel, equipment and available resources. Each agency identified on Appendix 1 expresses its intent to assist the other agencies identified on Appendix 1 by assigning some of its personnel. equipment and available resources to a requesting agency as resources and situations allow The specific intent of th~s agreement is to permit the law enforcement agency of each municipality to more fully safeguard the lives, persons, and property of all citizens. Section 2. DEFINITIONS For the purpose of this agreement, the following terms are defined as follows: A. "SUBURBAN MUTUAL ASSISTANCE RESPONSE TEAMS" a An organization of Southern Wisconsin law enforcement agencies participating in this mutual aid agreement. B. "INCIDENT" An emergency situation that threatens or causes loss of life and property and exceeds the physical and organizational capabilities of a unit of local govemenr. C. "AGENCY" A law enforcement organization recognized by its city, village, or county D. "MUTUAL AID" A definite and prearranged written agreement and plan whereby regular response and assistance is provided in the event of incidents by requesting agencies by the aiding agency in accordance with the police incident assignments as developed by the Police ChiefsISheriffs of the participating agencies. , '0 I I 0 a E. F G, H. "PARTICIPATING AGENCY" An agency that commits itself to this mutual aid agreement by adopting an ordinance or resolution authorizing participation in the program with other agencies for rendering and receiving mutual aid in the event of an incident in accordance with the police incident assignments. "REQUESTING AGENCY" The municipality in which an incident occurs that is of such magnitude that it cannot be adequately handled by the local law enforcement agency. "AIDING AGENCY" A municipality furnishing police equipment and personnel to a requesting agency "POLICE INCIDENT ASSIGNMENTS" A predetermined listing of personnel and equipment that will respond IO aid a requesting agency Section 3 AGREEMENT TO EFFECTUATE THE MUTUAL AID PLAN The Village President or Mayor of each participating municipality is authorized on behalf of that municipality to enter into and from time to time alter and amend on the advice of the Police Chief/Sheriff and with the consent and authorization of the governing body of that municipality, and with the agreement of other municipalities for mutual aid according to the following: A. Whenever an incident (emergency) is of such magnitude and consequence that it is deemed advisable by the senior on-duty officer of the requesting agency to request assistance of the aiding agencies through the senior on-duty officer, he or she is hereby authorized to do so under the terms of this mutual aid agreement, and they are authorized to and shall forthwith take the following action: 1 Immediately determine what resources are required according to the mutual aid police incident assignment. 2. Immediately determine if the required equipment and personnel can be commirted in response to the request from the requesting agency 3 Dispatch immediately the personnel and equipment required to the requesting agency in accordance with the police incident assignment. B. C. D. E. F G. The rendering of assistance under the terms of this mutual aid agreement shall not be required in accordance with the police incident assignments if the commanding officer of the aiding agency determines that the available personnel and equipment are required for the protection of the aiding agency. In that event it is the responsibility of the aiding agency to immediately notify the requesting agency of same. The judgment of the commanding officer shall be final. The commanding officer present, of the requesting agency, shall assume full responsibility and command for operations at the scene. He or She will assign personnel and equipment, of the aiding agencies, to positions when and where deemed necessary It is expected that requests for mutual aid under this agreement will be initiated only when the needs exceed the resources of the requesting agency Aiding agencies will be released 2nd returned to duty in t!!eic own community as soon as the shation is restored to the point which permits the requesting agency to adequately handle it with its own resources or is no longer able to provide assistance per paragraph (3)(B) herein. All service performed under this agreement shall be rendered without reimbursement of any party from the other(s). Requests for indemnification for unusual or extraordinary and unanticipated costs incurred in the performance of mutual aid may be submitted by the aiding agency to the requesting agency for consideration of its Board or Council which may authorize payment in the exercise of discretion. Pursuant to S.66.305 Wis. Stats., law enforcement personnel who provide mutual aid assistance shall be deemed an employee of the requesting agency for the purpose of S.895.35 and S.895.46 Wis. Stats. The Police ChiefdSheriffs of the participating agencies shall maintain a governing board and establish an operation plan for giving and receiving aid under this agreement. Said plan shall be reviewed, updated, and tested at regular intervals. Section 4. TERMINATION Any agency may withdraw from the Suburban Mutual Assistance Response Teams agreement by notifying the Police ChiefslSheriffs of the other participating agencies in writing, whereupon the withdrawing agency will terminate participation ninety (90) days from the date of written notice. Section 5 ADOPTION This mutual aid agreement shall be in full force and effect with the passage and approval of a companion ordinance or resolution by all participating municipalities, in the manner provided by law, and in the signing of this agreement by the Village President, City Mayor or other - governing body of the municipality IN WITNESS WHEREOF, this agreement has been duly executed by the following parties: Name of Municipality PresidenUMayor Chief of Police ATTEST Clerk