[Adopted 3-4-2013 by Ord.
No. 2013-3]
This article shall be known and may be cited as the "Derry Township
Police Mutual Aid Agreement Ordinance of 2013."
This article is ordained and enacted pursuant to the power of
the Board of Supervisors to make and adopt ordinances necessary for
the proper management, care and control of the Township and its finances
and the maintenance of peace, good government, health and welfare
of the Township and its citizens per Section 1506, General Powers,
of the Second Class Township Code, as amended (53 P.S. § 66506,
as amended), to make agreements with other local governments as per
Section 1507, Intergovernmental Cooperation, of the Second Class Township
Code, as amended (53 P.S. § 66507, as amended), and to adopt
ordinances for such purposes as otherwise provided per the Second
Class Township Code, Section 101 et seq., as amended (53 P.S. § 65101
et seq., as amended), as well as per the provisions of the Pennsylvania
Municipal Police Jurisdiction Law, as amended, 42 Pa.C.S.A. § 8951
et seq., and the Pennsylvania Intergovernmental Cooperation Law, as
amended, 53 Pa.C.S.A. § 2301 et seq., and otherwise per
law.
A.
The Township of Derry hereby approves the form and content of that
Police Mutual Aid Agreement, by and between the County of Mifflin,
the Borough of Burnham, the Borough of Juniata Terrace, the Borough
of Kistler, the Borough of Lewistown, the Borough of McVeytown, the
Borough of Newton Hamilton, the Township of Armagh, the Township of
Bratton, the Township of Brown, the Township of Decatur, the Township
of Derry, the Township of Granville, the Township of Menno, the Township
of Oliver, the Township of Union, and the Township of Wayne, all of
Mifflin County, Pennsylvania, political subdivisions and local government
units of the Commonwealth of Pennsylvania, which is proposed to be
made and executed by the said county and municipalities (collectively
the "parties" to the agreement).
As required by Section 2307 (53 Pa.C.S.A. § 2307)
of the said Pennsylvania Intergovernmental Cooperation Law, as amended,
the summary and substance of the agreement is as follows:
B.
All boundaries of the parties (the municipalities and the county)
shall remain in full force and effect with the understanding that
police officers of the municipalities and County Detectives (hereinafter
collectively referred to as "officers") shall have all of the powers
and authorities conferred by law upon the police officers of the municipality
or county in which they may be acting in accordance with the Pennsylvania
Municipal Police Jurisdiction Law, as amended, 42 Pa.C.S.A. § 8951
et seq.
C.
Parties participating in a regional police department shall provide
officers as each authorize for participation in the programs.
D.
Officers participating in the programs and all parties utilizing
the services of officers from other parties shall conduct such programs
in accordance with operational briefings.
E.
Officers assigned by the parties to the programs shall be and remain
employees of the respective municipalities or of the county and not
employees, agents or servants of any other parties.
F.
Each party shall be responsible for carrying public liability insurance
and property damage insurance for claims which may arise from an act,
omission or neglect of its officers, regardless of the territorial
limits within which the officers are operating.
G.
The parties shall each be responsible for paying claims, the costs
of defense of claims, or judgments entered on claims, which may arise
from any act or omission or neglect of its officers. Each party waives
any and all claims against all of the other parties hereto which may
arise out of its officers' activities while participating in
the programs or rendering services under this agreement.
H.
Services performed and the expenditures made under this agreement
shall be deemed for public and governmental services and all immunities
from liability enjoyed by the participating parties within their boundaries
shall extend to their participation in services performed outside
of their boundaries.
I.
In the event that participation in any of the programs shall result
in a third-party claim, suit or loss, the parties whose officers participated
in said operation shall indemnify and hold harmless the remaining
parties from such claim, suit or loss as it relates to the activities
of such party.
J.
Public liability insurance for both bodily injury and property damage
liability covering the vehicles of their officers while on duty in
the territorial limits of any of the parties shall be obtained by
the parties owning such vehicles.
K.
All overtime performed by officers participating in the programs
shall be approved by the appropriate program coordinator and reimbursed
to the parties by the appropriate grant administrator. No payments
shall be made directly to officers participating in the programs.
L.
A party enters the Police Mutual Aid Agreement by the passage of
an ordinance by its governing body.
M.
Withdrawal from the Police Mutual Aid Agreement shall be effective
upon adoption of an ordinance by a party's governing body and
written notice to the other parties.
N.
It is not the intent hereof to create a separate legal entity.
O.
The agreement is as otherwise adopted by ordinance.
The Chairman of the Board of Supervisors or, in his absence,
the Vice Chairman of the Board of Supervisors, together with the Township
Secretary, are hereby authorized and directed to execute and attest
the agreement and counterparts thereof on behalf of the Township of
Derry. This authority and direction to execute the agreement shall
be authorized and carried out even if changes are made after the enactment
of this article, provided that the agreement is substantially in the
form approved hereby and that such changes are editorial in nature
and do not affect the meaning, intent, substance or effect of the
agreement as approved by this article.
