[Adopted 7-24-2019 by Ord. No. 956]
This article is ordained and enacted pursuant to the power of
the governing bodies to make and adopt ordinances necessary for the
proper management, care and control of the municipality and its finances
and the maintenance of peace, good government, health and welfare
of the municipality and its citizens and enter into an Intergovernmental
Cooperation Act Agreement per Section 8 Pa.C.S.A. § 1201(24),
General Power of Borough Code, Section 53 PS § 66507, General
Power of Township Code, Section 53 Pa. C.S.A. § 2303 and
§ 2305, authorizes the county to enter into 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:
A. The
parties agree to participate in the following programs (hereinafter
collectively referred to as the "programs"):
(1) Bradford County Drug Task Force;
(2) Bradford County DUI Task Force, both DUI checkpoints and roving DUI
patrols;
(3) Bradford County Special Response Team;
(4) Bradford County District Attorney;
(5) Including but not limited to any other cooperative programs approved
by the governing bodies;
(6) Including cooperation with or delegation to other local governments,
the Commonwealth, other states or the federal government.
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 Chairperson of the County Commissioners, the President of
Council and Mayor and Chairperson of Township Supervisors together
with the Secretary, are hereby authorized and directed to execute
and attest the agreement and counterparts thereof on behalf of the
Borough of Sayre. 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.
Should a court of competent jurisdiction rule any portion, section,
or subsection of this legislation invalid or nullified, that fact
affect or invalidate any other portion, section or subsection; and
all remaining portions, sections or subsections shall remain in full
force and effect.