DISCLAIMER: This sample PSAP Back-Up agreement is provided with the PSAP COOP template as a resource and example only. Use of this agreement is not required nor endorsed by the State of Wisconsin and publication of this agreement shall not be construed as legal advice. PSAPs should work with appropriate legal counsel and the impacted parties when developing their own agreement(s) for PSAP back-up and abandonment during COOP activations.

INTER-MUNICIPAL AGREEMENT
BETWEEN THE CITY OF WAUKESHA & WAUKESHA COUNTY
REGARDING PUBLIC SAFETY ANSWERING POINT (PSAP) BACKUP

WHEREAS, the City of Waukesha (the “City”) operates a public answering point (PSAP) in and for emergency dispatch service for the City of Waukesha, and

WHEREAS, Waukesha County (the “County”) operates a public answering point (PSAP) in a facility in the City of Waukesha, and

WHEREAS, both the City and County believe that the operation of their facility is necessary to provide for the safety, security and well-being of its respective citizens, and

WHEREAS, from time to time, there may be malfunction or loss of power at the City PSAP which may require said operation to rely on the County PSAP for back-up service.

THEREFORE, in consideration of the mutual promises made herein, the County and the City agree as follows:

1. The County agrees to act as the back-up PSAP and dispatch center for the City at all times that the City reasonably determines said backup is necessary to provide for the safety, security and well-being of its citizens.
2. The County agrees to comply with the standard operating procedures as set forth in Exhibit “A” attached to this Agreement and hereby incorporated by reference, to implement this back-up responsibility in the event the City declares such a need.
3. The terms of this Agreement shall commence on January 1, 2023, or upon the date this Agreement is executed by the parties, whichever is later, and shall terminate on December 31, 2025. Upon written notice by either party, this Agreement may be terminated for any reason prior to December 31, 2025, provided said notice provides for termination on the first day of a month more than sixty (60) days from receipt of the notice.
4. Each party shall indemnify, save and hold harmless the other party, its officers, employees, agents and representatives from any liability (including statutory liability and liability under worker’s compensation or other occupational disease law), claim action, loss, cost damage, injury (including death), or expense, including attorney’s fees, due to the negligence or intentional wrongful act of its officers, employees, agents and representatives, arising out of or resulting from the implementation of this Agreement by the representative parties. The parties shall give to each other prompt and reasonable notice of any such claims or actions and the other party shall have the right to investigate, compromise, and defend the same. Nothing in the foregoing indemnification provision shall in any way constitute or be construed as a waiver by the County or any immunity, liability limitation, limitation on the amount recoverable, or other protections available to the County under Wis. Stat. s. 893.80, or any other applicable statute or law.
5. The County shall not be covered under the City’s worker’s compensation. All responsibility to pay wages, provide employees benefits, including worker’s compensation, and other similar employer responsibilities shall remain with the respective parties for their own employees.
   
   Nothing in this Agreement shall be construed so as to give either the City or the County, its employees or agents any relationship to each other, other than independent contractors. The County employees shall not be entitled to the rights, benefits, salaries, wages or fringe benefits of the employees of the City.
6. There will be no charges for the first 48 hours of co-location. If co-location is required beyond that time, the County will invoice the City for all expenses incurred on its behalf beyond the initial 48 hours. However, any expenses incurred by the County during the first 48 hours of the incident which are later determined to be recoverable from third parties, responsible parties or State and Federal disaster assistance fund as eligible, those identified expenses shall be reimbursed to the County.
   
   Notices required or deemed advisable under this Agreement shall be made in writing and delivered personally or by registered or certified mail

Upon the County at:

And upon the City at:

8. There shall be no assignment or transfer of this Agreement, nor of any interests, rights or responsibilities herein contained, except as agreed to in writing.
9. No waiver of any breaches of this Agreement shall be held to be a waiver of any other or any subsequent breaches. All remedies afforded in this Agreement shall be considered to be cumulative and in addition to any other remedies provided by law.
10. There shall be no modification to this Agreement, except in writing, signed by both parties.
11. The entire agreement of the parties is contained herein, and this Agreement supersedes all previous agreements, whether written or oral and all negotiations as well as any previous agreements presently in effect between the City and the County relating to the subject matter.
12. This Agreement shall be governed and construed in accordance with the laws of the State of Wisconsin.
13. In the event any provisions of this Agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties.
14. This Agreement shall be effective as of the later of the date it is signed by Waukesha County or approved by the City Common Council.

Both parties hereto having read and understood the entirety of this Agreement affix their duly authorized signatures.