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CCR2020070-Attachment City of Brookfield Village of Chenequa City of Delafield Village of Elm Grove Village of Hartland Village of Mukwonago City of Muskego City of New Berlin Village of Pewaukee Title: Suburban Critical Incident Team (“SCIT”) Mutual Aid Agreement (“Agreement”) Issued: 09-12-95 Updated: 04/08/20 Pages: 5 The undersigned municipalities agree to create an intergovernmental cooperative agreement between the members pursuant to Wisconsin Statute §66.0301. The following Wisconsin Statutes shall govern all rights and responsibilities of the Participating Municipalities to this Agreement. The participants are: City of Brookfield, Village of Chenequa, City of Delafield, Village of Elm Grove, Village of Hartland, Village of Mukwonago, City of Muskego, City of New Berlin, and the Village of Pewaukee. 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. Section 1. PURPOSE OF AGREEMENT This Agreement is made in recognition of the fact that certain situations which may occur are beyond the ability of the individual community to deal with effectively in terms of manpower and equipment on hand at a given time. The City of Brookfield, Village of Chenequa, City of Delafield, Village of Elm Grove, Village of Hartland, Village of Mukwonago, City of Muskego, City of New Berlin, and the Village of Pewaukee have and do express their intent to assist their neighbor communities by assigning specially trained officers and resources to an affected community. The specific intent of this Agreement is to permit the police departments of each community to more fully safeguard the lives, persons, and property of all citizens. Section 2. DEFINITIONS A. “AIDING MUNICIPALITY” A Participating Municipality furnishing police equipment and manpower to a Stricken Municipality. Page 1 of 6 B. “MEMBER AGENCY” The law enforcement agency of each Participating Municipality. C. “MUTUAL AID” An operating procedure for the SCIT and plan whereby regular response and assistance is provided in the event of incidents from locations in a Stricken Municipality by the Aiding Municipalities in accordance with assignments as developed by the police chiefs of the Participating Municipalities. D. “PARTICIPATING MUNICIPALITIES” A municipality that commits itself to this Agreement by passage of a resolution or ordinance authorizing participation in the program with other participating municipalities for rendering and receiving mutual aid and in the event of a tactical incident in accordance with SCIT operating procedures. E. “STRICKEN MUNICIPALITY” The Participating Municipality in which an incident occurs that is of such magnitude that it cannot be adequately handled by the Participating Municipality’s Police Department. F. “SUBURBAN CRITICAL INCIDENT TEAM” (SCIT) An organization of Waukesha County police departments participating in this Agreement. G. “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 Village President, Mayor, or Town Chairman 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 and with the consent of the governing body of that municipality, an agreement with other municipalities for mutual aid according to the following: A. Whenever a Tactical Incident is in progress or may occur and is of such magnitude and consequence that the officer in charge of the Stricken Municipality deems it advisable to Page 2 of 6 request assistance of the Aiding Municipalities, the senior officer is hereby authorized to request the utilization of the SCIT, under the terms of this Agreement. The officers in charge of each Aiding Municipality are authorized to and forthwith take the following action: 1. As soon as possible, determine what resources are required according to the situation. 2. As soon as possible, determine if the required equipment and personnel can be committed in response to the request from the Stricken Municipality. 3. Dispatch as soon as possible, the personnel and equipment required to the Stricken Municipality in accordance with SCIT operating procedures. B. The rendering of assistance under the terms of this Agreement is mandatory, unless local conditions exist at the time of the Tactical Incident that may prohibit a response. In that event, it is the responsibility of the Aiding Municipality to immediately notify the Stricken Municipality of same. C. The Chief of Police or designated command officer of the Stricken Municipality shall assume full responsibility and command for the operations at the scene in conjunction with the tactical commander of the SCIT. D. It is expected that requests for Mutual Aid under this Agreement will be initiated only when the needs of the Tactical Incident exceed or are strongly expected to exceed the resources of the Stricken Municipality. Officers from the Aiding Municipality(ies) will be released and returned to duty in their own community as soon as the situation is restored to the point which permits the Stricken Municipality to satisfactorily handle the incident with its own resources. The releasing of the officers involved in the Tactical Incident shall be the decision of the Chief of Police or designated command officer of the Stricken Municipality in conjunction with incident commander of the SCIT. E. All service performed under this Agreement shall be rendered without reimbursement of any Participating Municipality from the other(s). Notwithstanding, requests for reimbursement for unusual or burdensome costs incurred in the performance of Mutual Aid may be submitted by the Aiding Municipality to the Stricken Municipality. Reimbursement of such cost shall be at the discretion of the Stricken Municipality’s governing body. F. Each Participating Municipality assumes the responsibility, including legal and financial responsibility, for members of its police force acting pursuant to this Agreement. G. The Governing Board shall consist of the Police Chiefs of the Participating Municipalities. The Governing Board shall establish by-laws and an operational plan for giving and receiving aid under this Agreement. Said by-laws and plan shall be reviewed and updated as necessary. Page 3 of 6 Section 4. TERMINATION Any Participating Municipality may withdraw from this Agreement by notifying the Police Chiefs of the other Participating Municipalities in writing. Such termination shall be effective ninety (90) days from the date of written notice. Section 5. ADOPTION This Agreement shall be in full force and in effect with the passage and approval of an ordinance or resolution by each participating Member Municipality, in the manner provided by law, and in the signing of this Agreement by the Village President, City Mayor, or Town Chairman. IN WITNESS WHEREOF, the Agreement has been duly executed by the following parties on this ________ day of the _____________ month in the year _________ Municipality Chief of Police Signature City of Brookfield Municipality Official Signature City of Brookfield Municipality Chief of Police Signature Village of Chenequa Municipality Official Signature Village of Chenequa Municipality Chief of Police Signature City of Delafield Municipality Official Signature City of Delafield Page 4 of 6 Municipality Chief of Police Signature Village of Elm Grove Municipality Official Signature Village of Elm Grove Municipality Chief of Police Signature Village of Hartland Municipality Official Signature Village of Hartland Municipality Chief of Police Signature Village of Mukwonago Municipality Official Signature Village of Mukwonago Municipality Chief of Police Signature City of Muskego Municipality Official Signature City of Muskego Municipality Chief of Police Signature City of New Berlin Municipality Official Signature City of New Berlin Municipality Chief of Police Signature Village of Pewaukee Page 5 of 6 Municipality Official Signature Village of Pewaukee Page 6 of 6