[Ord. 2-1995, 12/18/1995, § XV]
For the protection and welfare of the residents of North Lebanon
Township, this ordinance does hereby authorize the governing body
of North Lebanon Township to enter into intergovernmental mutual aid
agreements with all municipal governmental bodies of Lebanon County
subject to the following:
1.
The mutual aid agreement with another municipality shall be to provide
standby aid and assistance by each municipal police department to
assist upon request the other municipality to provide effective police
protection for the citizens.
2.
The term of any such agreement shall be for a period of one year
from the date of any resolution by this Board of Supervisors authorizing
the signing of a mutual aid agreement and shall be automatically renewable
on an annual basis thereafter. Each mutual aid agreement shall provide
that either municipality may terminate the agreement upon giving 30
days' prior written notice.
3.
The primary duty for each municipality shall be to provide adequate
police protection within its own municipal area, and compliance with
a request for assistance to another municipality shall be voluntary
and not compulsory on the municipality from which aid is requested.
Any municipality may recall, at its discretion, the aid or assistance
that it has provided to the requesting municipality.
4.
The agreement shall provide that no municipality shall have any liability
to the other municipality for failure to supply aid or assistance.
All municipalities shall provide and maintain general and public liability
insurance which covers its police officers when acting in another
municipality. Each municipality shall also provide and maintain proper
insurance coverage on its vehicles and equipment.
5.
The personnel who are furnished under any mutual aid agreement shall
work, as far as possible, under their own supervisors, and the equipment
furnished shall, to the extent possible, be operated by the personnel
of the party furnishing the equipment. General direction shall be
given by the appropriate officers or persons of the party receiving
the aid or assistance. All property, real and personal, shall remain
the property of the respective municipality providing aid and shall
be acquired, managed, licensed and disposed of by the municipal owner.
6.
No party to a mutual aid agreement shall be required to pay any charges
or compensation to the other party through the agreement for services
rendered thereunder. Any services performed or expenditures incurred
in connection with furnishing mutual aid under the agreement by any
party shall be deemed for the direct protection and benefit of the
inhabitants and property of that party. Each municipal body shall
remain liable for the salaries and benefits of its personnel in the
same manner as if the police officer were assigned a duty in his own
municipality, even though the said personnel are aiding another municipality.
Payment of compensation for overtime and benefits shall be made by
the municipality to their respective personnel. There shall be no
joint financing of any program or aid provided pursuant to the mutual
aid agreement.
7.
Any police officer of a municipality furnishing aid or assistance
to another municipality shall at all times remain the employee of
the municipality employing him or her. The municipality furnishing
aid shall at all times be responsible for the employees' wages, workmen's
compensation benefit and all other duties and responsibilities pertaining
to the employees equipment.
8.
Each municipality shall agree to hold the other harmless and indemnify
the other municipality for damages caused by their individual employees
arising out of the events which occur pursuant to the mutual aid agreement,
including, but not limited to death, bodily injury, property damage,
civil rights violations, humiliation and other discrimination.
9.
Each municipality shall be bound by all applicable state, federal
and local laws in carrying out the mutual aid agreement.
10.
No changes or modifications to the terms of a mutual aid agreement
shall be valid and binding unless in writing and signed by the parties.
