CCR2019001-Attachment1
[Municipality]
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 in S.M.A.R.T. expresses its i ntent to
assist the other Agencies by assigning some of its personnel, equipment and available resources
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
The Wisconsin law enforcement Agencies participating in this Mutual Aid Agreement,
collectively.
B. INCIDENT
A situation that potentially threatens or causes loss of life and/or property or exceeds
the physical and organizational capabilities of a Law Enforcement Agency. Generally,
the word “Incident” within this document refers to situations (emergencies) conne cted
to a law enforcement response to severe storms, floods, hazardous material incidents,
transportation accidents, large fires, public disorders, major crimes, barricaded
subjects, hostage situations, searches, traffic control, terrorist activities, dign itary
protection and other similar occurrences.
C. AGENCY
A law enforcement organization recognized by its city, village, town, county or state.
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
Chiefs and Sheriffs of the Participating Agencies. (The head of law enforcement for a
Participating Agency is referred to herein as “Chief/Sheriff,” and collectively the heads
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of law enforcement for all Participating Agencies is referred to herein as
“Chiefs/Sheriffs”. Collectively, and individually the “Chief/Sheriff”).
E. 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, that is accepted into membership. Eligible
Agencies must operate in Southeastern Wisconsin, within the counties of Jefferson,
Kenosha, Milwaukee, Racine, Walworth and Waukesha.
F. REQUESTING AGENCY
The municipality or legal jurisdiction in which an Incident occurs that is of such
magnitude that it cannot be adequately handled by the local law enforcement Agency,
that makes a request for Mutual Aid pursuant to this Agreement.
G. AIDING AGENCY
A municipality furnishing police equipment and personnel to a Requesting Agency,
pursuant to this Agreement.
H. POLICE INCIDENT ASSIGNMENTS
A predetermined listing of Aiding Agency personnel and equipment that will respond to
aid a Requesting Agency.
Section 3. AGREEMENT TO EFFECTUATE THE MUTUAL AID PLAN
The senior on-duty officer of each Participating Agency is authorized to participate with the
Participating Agencies in Mutual Aid according to following:
A. Whenever an Incident 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 he or she is hereby authorized to do so under the terms of this
Mutual Aid Agreement.
B. The senior on-duty officers of the Aiding Agencies are authorized to and shall forthwith
take the following action upon receipt of a request for aid pursuant to this Agreement:
1. Promptly determine what resources are required according to the Mutual Aid
Police Incident Assignments.
2. Promptly determine if the required equipment and personnel may be
committed in response to the request from the Requesting Agency.
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3. If so, promptly dispatch the personnel and equipment required to the
Requesting Agency in accordance with the Police Incident Assignments.
C. The rendering of assistance under the terms of this Mutual Aid Agreement is not
mandatory. The senior on-duty officer of the Aiding Agency may determine not to
respond, for example, if 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 promptly notify the Requesting Agency of the same. The judgment of the
senior on-duty officer shall be final.
D. The senior on-duty officer 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.
E. 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 and returning to duty in their own community 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 community at
any time, upon notifying the senior on-duty officer of the Requesting Agency, if the
senior on-duty officer of the Aiding Agency determines the required equipment and
personnel should no longer be committed to the Incident.
Section 4. STATUTORY AUTHORITIES
This Agreement is entered pursuant to Wisconsin Statutes §66.0301. The following statutory
rights and responsibilities shall apply.
A. Wisconsin Statutes §66.0313: Law enforcement; mutual assistance.
B. Wisconsin Statutes §66.0513: Police, pay when acting outside county or municipality.
C. Wisconsin Statutes §895.35: Expenses in actions against municipal and other officers.
D. 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.
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Section 5. COOPERATION
Nothing herein shall be interpreted to prevent member municipalities 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. Such discretion includes, but is not limited to, the discretion to waive
rights of reimbursement of costs incurred in customary, routine and ordinary activities
involving costs, salaries and benefits other than worker’s compensation. Such waiver of rights
of reimbursement of costs for worker’s compensation or significant events involving death or
catastrophic injury shall be exercised by the Chief/Sheriff upon consultation with and approval
by the municipality’s governing body.
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, automobile liability coverage,
workers compensation coverage, and such additional coverage and amounts as further specified
by the Chiefs/Sheriffs. Such coverage shall be endorsed, if necessary, to cover claims arising out
of contractual liabilities.
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 by the Chiefs/Sheriffs of the Participating Agencies. The
Chiefs/Sheriffs are empowered to carry out the intentions of this Mutual Aid Agreement
through all administrative means including the following:
A. Determination of membership. The Chiefs/Sheriffs may determine eligibility for
membership, accept new Agencies into membership, maintain records of who is
currently a member at any time, determine criteria for termination from membership,
and enforce termination of membership.
B. Membership fees/dues. The Chiefs/Sheriffs may establish a fee to join into membership,
and dues that may be required on a periodic basis to pay for the operations associated
with administering this Agreement.
C. Officers and directors. The Chiefs/Sheriffs may delegate their administrative
responsibilities by creating administrative subunits, officers, directors and system
managers, whose authority and duties may be described in by-laws and operating
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procedures that the Chiefs/Sheriffs may adopt. All such officers, directors, by-laws and
operating procedures in effect pursuant to the predecessor to th is Agreement on the
effective date of this Agreement remain in effect following the effective date of this
Agreement.
D. Request and response protocols. The Chiefs/Sheriffs may further define all protocols for
making requests and responding to requests for service pursuant to this Mutual Aid
Agreement.
E. Status. All Chiefs/Sheriffs administering this Agreement, in any capacity, do so solely by
virtue of their capacity as Police Chief or County Sheriff, and shall not be compensated
by SMART.
F. Testing procedures. The Chiefs/Sheriffs may establish and execute testing procedures,
to ensure readiness for timely Mutual Aid response.
G. Method of decision making. Actions taken by the Chiefs/Sheriffs shall be by majority
vote of the quorum of Chiefs/Sheriffs or their designees present and voting, with 50% of
the Chiefs/Sheriffs constituting a quorum, except that the Chiefs/Sheriffs may delegate
these authorities and modify these terms within the duly adopted by-laws and operating
procedures.
Section 9. TERMINATION
Any Agency may withdraw from the Suburban Mutual Assistance Response Teams Agreement
by notifying the Chiefs/Sheriffs 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/Sheriffs may adopt procedures for terminating Agencies who fail to comply
with the terms of this Agreement as administered by the Chiefs/Sheriffs, and may exercise
that authority.
Section 10. EFFECTIVE DATE
This Agreement supersedes an agreement on the same subject between the same parties.
The effective date for this Agreement and the termination of the prior agreement shall be as
follows:
A. This Agreement shall first take effect when it has been duly approved in writing by all
municipalities shown in attached Appendix 1 (the “Current Members”), and executed by
such authorized officials. On the date of the last such approval, the predecessor to this
Agreement is thereby terminated and this Agreement is effective.
B. In the event fewer than all of the Current Members choose to enter this Agreement
prior to March 1, 2019, those municipalities who have approved this Agreement and
executed it may give notice and terminate their participation in the prior agreement per
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its terms, in which case this Agreement shall be effective for such members on the date
of their termination of participation in the prior agreement.
C. Following its initial effective date, this Agreement shall thereafter be effective for
Agencies joining thereafter when the Agreement has been duly approved in writing by
such Agency, duly executed by authorized officers of the Agency, and the Agency has
been accepted into membership by the Chiefs/Sheriffs of the Participating Agencies.
The adoption and signature on this Agreement constitutes an offer , which becomes a
binding contract upon acceptance by the Chiefs/Sheriffs.
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. Signat ures delivered in original form or
facsimile shall be effective.
[signatures follow on page 7]
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Signature Page for Suburban Mutual Assistance Response Teams Agreement
IN WITNESS WHEREOF, this Agreement has been duly executed by the following parties on the
_____ Day of ____________________, 2018
__________________________________
[Municipality/Legal Jurisdiction]
__________________________________
[Municipal Official]
__________________________________
[Chief of Police or Sheriff]
ATTEST:
__________________________________
[Municipal Clerk/Witness]
C:\MyFiles\RDB\SMART\SMART Agreement (final) 10.23.18.docx