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CCR2024.042-Attachment-SCIT Agreement_9 AgenciesÐÏà¡±rcement for all Participating Agencies are referred to herein as Chiefs. Collectively, and individually the Chief. GOVERNING BOARD Consists of the Police Chiefs of the Participating Agencies. MUTUAL AID Services provided by an Aiding Agency to a Requesting Agency outside the Aiding Agencys home jurisdiction to a Tactical Incident. PARTICIPATING AGENCY An Agency that commits itself to this Mutual Aid Agreement by adopting an ordinance or resolution authorizing participation. REQUESTING AGENCY A municipality requesting police equipment and personnel due to a Tactical Incident, pursuant to this Agreement. SUBURBAN CRITICAL INCIDENT TEAM The Wisconsin law enforcement Agencies participating in this Mutual Aid Agreement, collectively. TACTICAL INCIDENT An emergency situation or potential situation that threatens or causes loss of life and property and exceeds the physical and organizational capabilities of a unit of local government. Section 3. AGREEMENT TO EFFECTUATE THE MUTUAL AID PLAN The senior on-duty officer of each Participating Agency is authorized to do the following: Whenever a Tactical Incident occurs or is likely to occur, the Requesting Agencys senior on-duty officer shall request assistance of the Aiding Agencies under the terms of this Agreement. The senior on-duty officers of the Aiding Agencies are authorized to and shall take the following action upon receipt of a request for aid pursuant to this Agreement: Promptly determine what resources are required according to the situation. Promptly determine if the required personnel and equipment can be committed in response to the request from the Requesting Agency. If so, promptly dispatch the required personnel and equipment to the Requesting Agency in accordance with team operating procedures. The rendering of assistance under the terms of this Agreement is not mandatory. The Aiding Agencys senior on-duty officer may determine not to respond, for example, if the available personnel and equipment are required for the Aiding Agencys protection. In that event, the Aiding Agencys senior on-duty officer must promptly notify the Requesting Agency of the same. The senior on-duty officers judgment is final. The Requesting Agencys senior on-duty officer shall assume full responsibility and incident command for operations for the Tactical Incident along with the SCIT Tactical Commander. The Requesting Agency may request Mutual Aid under this Agreement only for Tactical Incidents. Aiding Agencies will be released and returned to duty in their home jurisdictions as soon as the situation is restored to the point which permits the Requesting Agency to adequately handle it with its own resources. Aiding Agencies may also return to duty in their own home jurisdiction at any time, upon notifying the SCIT Tactical Commander, if the Aiding Agencys senior on-duty officer determines the required equipment and personnel can no longer be committed to the Tactical Incident. Section 4. STATUTORY AUTHORITIES This Agreement is entered pursuant to Wisconsin Statutes §66.0301. The following statutory rights and responsibilities shall apply. Wisconsin Statutes §66.0313: Law enforcement; mutual assistance. Wisconsin Statutes §66.0513: Police, pay when acting outside county or municipality. Wisconsin Statutes §895.35: Expenses in actions against municipal and other officers. Wisconsin Statutes §895.46: State and political subdivisions thereof to pay judgments taken against officers. To ensure compliance with State laws and to avoid ambiguity, all future amendments and recodification of the foregoing statutes, and judicial interpretations thereof, are incorporated herein and shall apply. Nothing contained within this paragraph or Agreement is intended to be a waiver or estoppel of the municipality or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained with Wisconsin Statutes 893.80, 895.52, and 345.05. To the extent that indemnification is available and enforceable, the municipality or its insurer shall not be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin law. Section 5. EXPENSES All expenses incurred during participation in this Agreement shall be borne by each Participating Agency, and Participating Agencies shall not be required to pay or reimburse any other Participating Agency for any expenses incurred in the course of participation, except as set forth in this paragraph. In the case of highly unusual or excessively burdensome expenses, workers compensation, or significant events involving death or serious injury to an officer, Wis. Stat. §§ 66.0313 and 66.0513 will apply, and an Aiding Agency may submit requests for reimbursement to the Requesting Agency. Nothing herein shall be interpreted to prevent Participating Agencies from voluntarily cooperating in law enforcement services, including voluntary sharing of equipment or facilities and voluntarily providing services without seeking reimbursement of costs. Each Participating Agency hereby authorizes its Chief/Sheriff to exercise discretion in cooperating with Participating Agencies. Section 6. INSURANCE Each Participating Agency shall maintain insurance coverage to protect against risks arising out of this Agreement, which shall include general liability coverage with contractual liability coverage, automobile liability coverage, workers compensation coverage, and such additional coverage and amounts as further specified by the Chiefs/Sheriffs. Section 7. NO THIRD-PARTY BENEFICIARIES This Agreement is solely between the Participating Agencies, each of whom acts individually in the performance of this Agreement. There are no third-party beneficiaries to this Agreement. No separate entities are hereby created. Section 8. ADMINISTRATION This Agreement shall be administered within the SCIT By-Laws by the Governing Board of the Participating Agencies. Section 9. TERMINATION Any Participating Agency may voluntarily withdraw from this Agreement by notifying the Chiefs of the other Participating Agencies in writing, whereupon the withdrawing Agency will terminate participation ninety (90) days from the date of written notice. The Chiefs may adopt procedures for involuntarily terminating Agencies who fail to comply with the terms of this Agreement or By-laws and may exercise that authority. Section 10. EFFECTIVE DATE This Agreement shall be in full force and in effect with the passage and approval of an Ordinance or Resolution by each Participating Agencys municipal governing body, in the manner provided by law, and its execution by authorized officials. This Agreement supersedes any agreement between any of the Participating Agencies concerning the Suburban Critical Incident Team. Section 11. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which is an original and all of which taken together form one single document. Signatures delivered in original form or electronically shall be effective. Section 12. AMENDMENTS AND SEVERABILITY. This Agreement may be amended, but only in writing duly executed by all the parties. The provisions of this Agreement are severable and if a court of competent jurisdiction holds any portion of this Agreement unconstitutional or invalid, the remainder of this Agreement shall not be affected and shall remain in full force and effect. City of Brookfield By: By: Mayor Steven V. Ponto Police Chief James Adlam ______________________________ Michelle Luedtke, City Clerk STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) Personally came before me, this ____ day of _________, 2024, the above-named Seven V. Ponto, Michelle Luedtke, and James Adlam, to me known to be the persons who executed the foregoing instrument and acknowledged the same. _______________________________________ Renee J. Tadych, Deputy City Clerk Notary Public, State of Wisconsin My Commission expires: ___________________ City of Delafield By: By: Mayor Kent Atwell Police Chief Landon Nyren STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) Personally came before me, this ____ day of _________, 2024, the above-named Kent Atwell and Landon Nyren, to me known to be the persons who executed the foregoing instrument and acknowledged the same. _______________________________________ Molly Schneider, City Clerk Notary Public, State of Wisconsin My Commission expires: ___________________ City of Muskego By: By: Mayor Rick Petfalski Police Chief Steve Westphal STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) Personally came before me, this ____ day of _________, 2024, the above-named Rick Petfalski and Steve Westphal, to me known to be the persons who executed the foregoing instrument and acknowledged the same. _______________________________________ Kerri Roller, City Clerk Notary Public, State of Wisconsin My Commission expires: ___________________ *************************************************************************** City of New Berlin By: By: Mayor David Ament Police Chief Jeff Hingiss STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) Personally came before me, this ____ day of _________, 2024, the above-named David Ament and Jeff Hingiss, to me known to be the persons who executed the foregoing instrument and acknowledged the same. _______________________________________ Rubina Medina, City Clerk Notary Public, State of Wisconsin My Commission expires: ___________________ ***************************************************************************** Village of Chenequa By: By: _______________________________ President JoAnn Villacencio Police Chief Dan Neumer STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) Personally came before me, this ____ day of _________, 2024, the above-named JoAnn Villacencio and Dan Neumer, to me known to be the person who executed the foregoing instrument and acknowledged the same. _______________________________________ Deanna Braunshweig, Village Clerk-Treasurer Notary Public, State of Wisconsin My Commission expires: ___________________ ***************************************************************************** Village of Elm Grove By: By: _______________________________ President Jim Koleski Police Chief Jason Hennen STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) Personally came before me, this ____ day of _________, 2024, the above-named Jim Koleski and Jason Hennen, to me known to be the person who executed the foregoing instrument and acknowledged the same. _______________________________________ Thomas Harrigan, Interim Village Clerk-Treasurer Notary Public, State of Wisconsin My Commission expires: ___________________ ***************************************************************************** Village of Hartland By: By: _______________________________ President Jeffrey Pfannerstill Police Chief Torin Misko STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) Personally came before me, this ____ day of _________, 2024, the above-named Jeffrey Pfannerstill and Torin Misko, to me known to be the person who executed the foregoing instrument and acknowledged the same. _______________________________________ Sandee Policello, Village Clerk Notary Public, State of Wisconsin My Commission expires: ___________________ ***************************************************************************** Village of Mukwonago By: By: _______________________________ President Fred Winchowky Police Chief Dan Streit STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) Personally came before me, this ____ day of _________, 2024, the above-named Fred Winchowky and Dan Streit, to me known to be the person who executed the foregoing instrument and acknowledged the same. _______________________________________ Diana Dykstra, Village Clerk-Treasurer Notary Public, State of Wisconsin My Commission expires: ___________________ ***************************************************************************** Village of Pewaukee By: By: _______________________________ President Jeff Knutson Police Chief Tim Heier STATE OF WISCONSIN ) ) ss. COUNTY OF WAUKESHA ) Personally came before me, this ____ day of _________, 2024, the above-named Jeff Knutson and Tim Heier, to me known to be the person who executed the foregoing instrument and acknowledged the same. _______________________________________ Cassandra Smith, Village Clerk Notary Public, State of Wisconsin My Commission expires: ___________________ ***************************************************************************** Page PAGE 6 of NUMPAGES 6 *<=>Sg|}~¡µ¶·¸¹ÀÈôõö÷÷ÙÅ···¦Å¦Å¦÷ti^StDhY* ùh£MCJOJQJaJhO=¢hý½CJaJhO=¢hlsCJaJhO=¢hCUhCJaJhO=¢h£MCJaJh£MCJOJQJaJµ¶