[Ord. 8101, passed 7-24-2014]
This article shall be known and referred to as "Municipal Sexual
Assault/Special Victims Task Force Agreement."
[Ord. 8101, passed 7-24-2014]
The purpose of the agreement is to have available for use throughout
the territorial limits of all municipalities signing this mutual and
joint agreement, the services of police, both full-time as well as
part-time, employed by any and all of the participating municipalities,
under the conditions set forth and in compliance with the Municipal
Police Jurisdiction Act, 42 Pa.C.S. Section § 8953.
[Ord. 8101, passed 7-24-2014]
The City of New Castle joins in the agreement of cooperation
to establish the administrative framework for carrying out policing
activities in relation to child abuse, child sexual assault, and other
sex crimes in a coordinated county-wide program.
The Mayor and City Controller are authorized and directed to
execute, on behalf of the City of New Castle, Pennsylvania, all documents
necessary to effectuate the Agreement.
[Ord. 8101, passed 7-24-2014]
The terms and conditions of the Agreement are set forth herein
and a copy of the Agreement is appended to this article.
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THIS AGREEMENT, entered into this _____ day of __________, __________,
by and among the County of Lawrence, the Office of the District Attorney,
the Lawrence County Sexual Assault/Special Victims Task Force, __________
(Municipality) and __________ (Municipality Police Department), individually
and collectively,
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WITNESSETH that:
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WHEREAS, the Office of the District Attorney has established
a Sexual Assault/Special Victims Task Force (which shall be named
SPECIAL VICTIMS TASK FORCE and hereinafter referred to as the "SVTF")
operating within and throughout Lawrence County in an effort to train,
coordinate, and effectively investigate and prosecute child abuse,
child sexual assault, and other sex crimes; and
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WHEREAS, the parties wish to enter into an agreement of cooperation
and establish the administrative framework for carrying out policing
activities in relation to child abuse, child sexual assault, and other
sex crimes in a coordinated countywide program; and
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WHEREAS, it is evident that the problem of child abuse, child
sexual assault, and other sex crimes is not confined to isolated areas
and has extended beyond municipal boundaries in the County of Lawrence
and the Commonwealth of Pennsylvania; and
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WHEREAS, it is agreed and understood that the investigation
of child abuse, child sexual assault, and sex crimes in general requires
highly specialized training and expertise, the burden of which is
difficult for a single municipal police department to maintain; and
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WHEREAS, it is agreed and understood that a coordinated police
effort will lead to more effective investigation and prosecution of
child abuse, child sexual assault, and other sex crimes; and
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WHEREAS, it is agreed and understood that a coordinated police
effort across jurisdictional lines will increase each municipalities
local police agency's ability to enforce the various provisions
of child abuse and sex crime laws, and to provide a county-wide resource
for each municipality, all of which is necessary to assist in the
preservation of safety and welfare of the citizens of each municipality
as well as the county; and
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WHEREAS, the Office of the District Attorney, hereby respectfully
requests the aid and assistance of the each party to this agreement
to implement special victims task force activities in compliance with
the Municipal Police Jurisdiction Act, 42 Pa. C.S. Section § 8953;
and
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WHEREAS, the municipality's desire to enter into an agreement
for the purpose of having available for use throughout the territorial
limits of all municipalities signing this mutual and joint agreement,
the services of police, both full-time as well as part-time, employed
by any and all of the participating municipalities, under the conditions
set forth and in compliance with the Municipal Police Jurisdiction
Act, 42 Pa. C.S. Section § 8953.
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NOW, therefore, the parties, intending to be legally bound,
hereby agree as follows:
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1.
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Cooperation.
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a.
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The parties to this agreement will cooperate in carrying out
the work of the Special Victims Task Force and agree to perform their
individual duties as set forth in this Agreement and in any written
Task Force Guidelines (as established), under the direction and control
of the District Attorney.
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b.
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The Special Victims Task Force shall not assume investigative
or prosecutorial jurisdiction over any child abuse or sexual assault
crime committed within a municipal police agency's jurisdiction
unless requested by or otherwise approved by the Chief Law Enforcement
Officer of such municipalities' police agency or his/her designated
agent; provided, however, that the SVTF may on its own, initiate,
investigate, and prosecute any case of child abuse or sexual assault
Countywide.
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c.
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The SVTF may decline, and shall not be required, to assume investigative
or prosecutorial responsibility over any child abuse or sexual assault
matter.
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d.
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The SVTF may provide investigative assistance, advice, and technical
support to a municipal police agency without assuming primary investigative
or prosecutorial responsibility.
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2.
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Any employee of a party to this Agreement shall remain an employee
of his or her employer for the purpose of any activity under this
Agreement and each party shall maintain and be responsible for all
employee compensation, benefits, insurance, and other incidents of
employment as provided herein, including discipline. No municipal
employee assigned under this Agreement shall be deemed to be an employee
of the County of Lawrence. The office of Attorney General or Commonwealth
of Pennsylvania shall provide hold harmless coverage to all municipal
police officers pursuant to 42 P.S. § 8953 (d).
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3.
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Term. The term of this Agreement shall begin on July 1, 2014
and shall remain in effect until terminated pursuant to Paragraph
6 of this agreement.
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4.
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Liability. Each party shall be an independent contractor and
shall be responsible for its own employees and for the acts of its
employees under this Agreement pursuant to law. Each party shall provide
such public liability and other insurance as appropriate to protect
against any claims arising out of that party's performance under
this Agreement and not otherwise provided. All parties to this Agreement
shall have all rights and liability protection as found in Act 100
of 1989. Nothing in this Agreement shall be construed to limit the
Commonwealth's rights, claims or defenses which arise as a matter
of law or pursuant to any provision of this Agreement. Nothing in
this Agreement shall be construed to limit the sovereign immunity
of the Commonwealth of Pennsylvania.
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5.
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Municipal Agreements. Each Municipality shall exercise their
best efforts to have and maintain in effect a mutual aid agreement
(if desired) by which the employees of each municipality are authorized
to carry out their duties in all other Municipalities within Lawrence
County. Upon its completion, each municipality shall submit a copy
of the agreement upon request to the Office of the District Attorney.
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6.
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Termination. Any party may terminate its participation in the
Special Victims Task Force by providing THIRTY (30) days' prior
written notice to the other parties of this Agreement. The Office
of the District Attorney reserves the right to terminate operation
of the Special Victims Task Force if the District Attorney determines
it is in the best interests of the County of Lawrence.
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7.
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Duties upon Termination. Upon termination of this Agreement
each party hereto shall return to the County any and all materials,
documents, equipment or other items or property owned by the County
and held by any party for the purpose of this Agreement. All parties
shall assist in bringing to a conclusion all aspects of any Special
Victims Task Force activity which has been conducted.
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8.
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Overtime. The Office of the District Attorney agrees to reimburse
the Municipalities for overtime incurred by SVTF members performing
SVTF duties outside of their primary jurisdiction. No reimbursement
for overtime will be approved, paid, or reimbursed unless the Office
of the District Attorney has given prior written approval to the employee
to work overtime hours. Reimbursement for overtime will be made in
accordance with the procedures set forth by the Office of the District
Attorney.
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9.
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Asset Forfeiture. The process of distribution of assets obtained
by way of assets forfeited under the relevant provisions of Pennsylvania
law relating to sex crimes (18 Pa.C.S.A. 3141/3142/3143/3144) and/or
any other statute providing for forfeiture shall be based upon the
following order of priority:
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First, to fund any and all operations of the Special Victims
Task Force;
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Second, to be distributed based upon the principle of equitable
sharing of proceeds amongst participating municipal police agencies
and the Office of District Attorney and/or County of Lawrence for
use in the investigation and prosecution of sexual offenses.
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Third, to be donated to nonprofit charitable institutions which
provide counseling and other assistance to victims of sexual offenses.
18 Pa.C.S.A. 3144 requires that all proceeds from forfeitures in sexual
assault cases must be used for the investigation and prosecution of
sexual offenses or donated to nonprofit charitable institutions which
provide counseling and other assistance to victims of sexual offenses.
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Each participating municipality hereby agrees that any proceeds
received shall be used only for those purposes.
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10.
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Funds Availability. The Office of the District Attorney's
obligations under this Agreement are contingent upon the appropriation
and availability of funds for Special Victims Task Force purposes.
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11.
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Public Availability of Information. The parties agree to comply
with any request or requirement which the Office of the District Attorney
is required to make in order to comply with federal requirements relating
to the availability to the public of identifiable records and/or other
documents used in the Special Victims Task Force program. This provision
shall not be construed to require disclosure of information expressly
made confidential by another statute.
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12.
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Reports. Each Municipality shall submit such reports as the
Office of the District Attorney shall require to meet state and federal
reporting requirements.
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13.
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Inspection and Audit. Each Municipality agrees to provide information
to the Office of the District Attorney and access to records and facilities
necessary for the Office of the District Attorney to carry out any
audits it is obligated to perform under state or federal law.
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14.
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Contracts Subject to Law. The parties shall be bound by all
applicable state, federal and local laws in carrying out the work
of this Agreement.
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15.
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Amendments. No changes or modifications to the terms of this
Agreement shall be valid or binding unless made in writing and agreed
upon by verified signature of the parties to this agreement.
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16.
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Assignment. No part of this Agreement or any duty hereunder
is assignable.
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17.
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Governing Law. This Agreement will be construed in accordance
with Pennsylvania law.
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18.
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Counterparts. This agreement may be executed by the respective
parties in counterparts, all of which shall constitute one original
agreement.
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IN WITNESS WHEREOF, the parties have accepted all terms, provisions
and conditions of this Agreement.
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Lawrence County Commissioners:
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Office of the District Attorney:
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Special Victims Task Force:
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Municipal Police Department:
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Municipal Representatives:
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