COMMONWEALTH OF PENNSYLVANIA
| |||
OFFICE OF ATTORNEY GENERAL
| |||
MUNICIPAL DRUG TASK FORCE AGREEMENT
| |||
This Agreement, made this _____ day of _____, 1990 __________,
by and among the Commonwealth of Pennsylvania, Office of Attorney
General (hereinafter referred to as OAG), Bureau of Narcotics Investigation
and Drug Control (hereinafter referred to as BNIDC), and the City
of New Castle, Lawrence County, Pennsylvania, individually and collectively,
(hereinafter Municipality).
| |||
Witnesseth that:
| |||
Whereas, the Attorney General has established a municipal drug
task force program throughout Pennsylvania to coordinate narcotics
investigation, enforcement and prosecution activities; and
| |||
Whereas, the Municipality intends to participate in and is a
necessary part of these drug task force activities; and
| |||
Whereas, the parties wish to establish the administrative framework
for carrying out their activities under the program in the City of
New Castle, Lawrence County, Pennsylvania (Municipality); and
| |||
Whereas, mobility and the common problem of illegal use and
trafficking of narcotics and other illegal drugs have obliterated
municipal boundaries in the Municipality's enforcement of laws
through the Commonwealth of Pennsylvania; and
| |||
Whereas, municipal police departments themselves have been frustrated
by jurisdictional limitations, manpower and equipment shortages and
inadequate financial resources in attempting to stem illegal narcotics
and drug trafficking; and
| |||
Whereas, there is an urgent need for uniformity and continuity
in the enforcement of such laws in the Commonwealth of Pennsylvania;
and
| |||
Whereas, coordination of policy activity in the fight against
illegal narcotics and drug trafficking has historically been sporadic,
resulting in duplication of effort and reduced coordination; and
| |||
Whereas, the aforementioned Municipality has determined that
the provision of mutual police aid across jurisdictional lines will
increase its ability to enforce the provisions of narcotics and illegal
drug laws and to preserve the safety and welfare of the entire area;
and
| |||
Whereas, the OAG requests the aid and assistance of the municipal
police departments to implement the municipal drug task force activities
in compliance with the Municipal Police Jurisdiction Act, 42 Pa. C.S.A.
Sec. 8953(a)(3); and
| |||
Whereas, the Municipality desires 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 and part-time, employed by any and
all of the said Municipalities, under the conditions set forth and
in compliance with the Municipal Police Jurisdiction Act, 42 Pa. C.S.A.
Sec. 8953; and
| |||
Whereas, cooperation among municipalities in the exercise and
performance of their governmental powers, duties and functions is
authorized by the various acts of the General Assembly to wit: 53
P.S. Sec. 483 and ratified by mutual ordinance pursuant to 53 P.S.
Sec. 485; and
| |||
Whereas, in accordance with the provisions of 53 P.S. Sec. 483,
the Local Government Commission of the Commonwealth of Pennsylvania
has reviewed this Agreement and has made recommendations.
| |||
Now, therefore, the parties, intending to be legally bound,
hereby agree as follows:
| |||
1.
|
The parties will cooperate in carrying out the work of the Task
Force and agree to perform their individual duties as set forth in
this Agreement and in the Task Force Guidelines, which is attached
for reference.
| ||
2.
|
Any employee of a party to this Agreement shall remain an employee
of his or her employer for the purposes 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 except as provided herein. No municipal employee assigned
under this Agreement shall be deemed to be an employee of the Commonwealth
of Pennsylvania.
| ||
3.
|
Term
| ||
The term of this Agreement shall begin on __________.
| |||
4.
|
Liability
| ||
Each party shall be an independent contractor and 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.
| |||
5.
|
Municipal Agreements
| ||
Each municipality shall have and maintain in effect a mutual
aid agreement by which the employees of each municipality are authorized
to carry out their duties in all other municipalities within the Task
Force region. Each municipality shall submit a copy of the agreement
upon request to BNIDC. These agreements shall be executed pursuant
to and in compliance with 53 P.S. Sec. 483 and ratified by mutual
ordinance pursuant to 53 P.S. Sec. 485.
| |||
6.
|
Termination
| ||
a.
|
Any party may terminate its participation in the Task Force
by giving thirty (30) days' prior written notice to the other
parties to this Agreement.
| ||
b.
|
The OAG reserves the right to terminate the operation of the
Task Force if the OAG determines that it is in the interests of the
Commonwealth to do so.
| ||
7.
|
Duties Upon Termination
| ||
Upon termination or expiration of this Agreement, a party shall
return to the Commonwealth any and all materials, documents, equipment
or other items or property owned by the Commonwealth and held by any
party for the purpose of this Agreement. All parties shall assist
in bringing to an orderly conclusion all aspects of any Task Force
which has been concluded.
| |||
8.
|
Overtime
| ||
a.
|
The OAG agrees to reimburse the Municipalities for overtime
incurred by Task Force members performing Task Force duties. No reimbursement
for overtime will be made unless OAG has given prior approval to the
employee to work the overtime hours.
| ||
b.
|
Reimbursement for overtime will be made in accordance with the
procedure set forth in the Task Force Guidelines referenced above.
| ||
9.
|
Asset Forfeiture
| ||
a.
|
The process of distribution of assets or proceeds of assets
forfeited under the Pennsylvania Controlled Substances Forfeitures
Act or any other statute providing for forfeiture shall be based upon
the principle of equitable sharing of resources and proceeds.
| ||
b.
|
A District Attorney's Office will include the OAG as eligible
recipient in any request by petition to a court for awards of Task
Force seizures of either real or personal property.
| ||
c.
|
The OAG, in conjunction with the District Attorney's Office,
shall have sole authority to authority federal intervention regarding
seizure and prosecution only after all avenues offered by the Commonwealth
have been exhausted.
| ||
d.
|
If federal sharing is authorized, each participating party shall
submit the federal form DAG-71, Federal Sharing Request, to the appropriate
Office of the United States Attorney.
| ||
10.
|
Funds Availability.
| ||
The OAG's obligations under this Agreement are contingent
upon the appropriation and availability of funds for Task Force purposes.
| |||
11.
|
Public Availability of Information.
| ||
The parties agree to comply with any requests or requirements
which the OAG is required to make in order to comply with federal
requirements relating to the availability to the public of identifiable
records or other documents used in the Task Force program.
| |||
This provision shall not be construed to require disclosure
of information expressly made confidential by another statute.
| |||
12.
|
Reports.
| ||
Each Municipality shall submit such reports as the OAG shall
require to meet state and federal reporting requirements.
| |||
13.
|
Inspection and Audit.
| ||
Each Municipality agrees to provide information to the OAG and
access to records and facilities necessary for the OAG to carry out
any audits it is obligated to perform under state or federal law.
| |||
14.
|
Contract Subject to Law.
| ||
The parties shall be bound by all applicable state, federal
and local laws in carrying out the work of this Agreement.
| |||
15.
|
Amendments.
| ||
No changes or modifications to the terms of this Agreement shall
be valid or binding unless made in writing agreed to and signed by
the parties.
| |||
16.
|
Assignment.
| ||
No part of this Agreement or any duty hereunder is assignable.
| |||
17.
|
Governing Law.
| ||
This Agreement will be construed in accordance with Pennsylvania
Law.
| |||
18.
|
Nondiscrimination Clause.
| ||
See Attachment 1, which is hereby incorporated into and made
a part of this contract. This is the standard nondiscrimination provision
required for Commonwealth contracts. Reference in the provision to
contractor shall mean any party to this Agreement.
| |||
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the date first above written.
| |||
OFFICE OF ATTORNEY GENERAL
| |||
DISTRICT ATTORNEY
| |||
APPROVED BY SOLICITOR
|
MUNICIPALITY
| ||
APPROVED BY SOLICITOR
|
MUNICIPALITY
| ||
ATTACHMENT 1
| |||
NONDISCRIMINATION CLAUSE
| |||
During the term of this contract, Contractor agrees as follows:
| |||
1.
|
Contractor shall not discriminate against any employee, applicant
for employment, independent contractor, or any other person, because
of race, color, religious creed, ancestry, national origin, age or
sex. Contractor shall take affirmative action to ensure that applicants
are employed, and that employee or agents are treated during employment,
without regard to their race, color, religious creed, ancestry, national
origin, age or sex. Such affirmative action shall include, but is
not limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training.
Contractor shall post in conspicuous places, available to employees,
agents, applicants for employment and other persons, a notice of this
nondiscrimination clause.
| ||
2.
|
Contractor shall, in advertisements or requests for employment
placed by it or on its behalf, state all qualified applicants will
receive consideration for employment without regard to race, color,
religious creed, ancestry, national origin, age or sex.
| ||
3.
|
Contractor shall send each labor union or worker's representatives
with which it has a collective bargaining agreement or other contract
or understanding, a notice advising said labor union or worker's
representative of its commitment to this nondiscrimination clause.
Similar notice shall be sent to every other source of recruitment
regularly utilized by Contractor.
| ||
4.
|
It shall be no defense to a finding of a noncompliance with
Contract Compliance Regulations issued by the Pennsylvania Human Relations
Commission or this nondiscrimination clause that contractor had delegated
some of its employment practices to any union, training program or
other source of recruitment which prevents it from meeting its obligations.
However, if the evidence indicates that the Contractor was not on
notice of the third party discrimination or made a good faith effort
to correct it, such factor shall be considered in mitigation in determining
appropriate sanctions.
| ||
5.
|
Where the practices of a union or any training program or other
source of recruitment will result in the exclusion of minority group
persons, so that Contractor will be unable to meet its obligations
under the Contract Compliance Regulations issued by the Pennsylvania
Human Relations Commission or this nondiscrimination clause, Contractor
shall then employ and fill vacancies through other nondiscriminatory
employment procedures.
| ||
6.
|
Contractor shall comply with the Contract Compliance Regulations
of the Pennsylvania Human Relations Commission, 16 PA Code Chapter
49 and with all laws prohibiting discrimination in hiring or employment
opportunities. In the event the Contractor's noncompliance with
the nondiscrimination clause of this contract or with any such laws,
this contract may, after hearing and adjudication, be terminated or
suspended, in whole or in part, and Contractor may be declared temporarily
ineligible for further Commonwealth contracts, and such other sanctions
may be imposed and remedies invoked as provided by the Contractor
Compliance Regulations.
| ||
7.
|
Contractor shall furnish all necessary employment documents
and records to, and permit access to its books, records and accounts
by, the contracting agency and the Human Relations Commission, for
purposes of investigation to ascertain compliance with the provisions
of the Contract Regulations, pursuant to Sec. 4935 of this title (relating
to information concerning compliance by contractors). If Contractor
does not possess documents or records reflecting the necessary information
requested, it shall furnish such information on reporting forms supplied
by the contracting agency or the Commission.
| ||
8.
|
Contractor shall actively recruit minority subcontractors or
subcontractors with substantial minority representation among their
employment.
| ||
9.
|
Contractor shall include the provisions of this nondiscrimination
clause in every subcontract, so that such provisions will be binding
upon each subcontractor.
| ||
10.
|
The terms used in this nondiscrimination clause shall have the
same meaning as in the Contract Compliance Regulations issued by the
Pennsylvania Human Relations Commission, 16 PA Code Chapter 49.
| ||
11.
|
Contractor obligations under this clause are limited to the
Contractor's facilities within Pennsylvania, or, where the contract
is for purchase of goods, manufactured outside of Pennsylvania, the
facilities at which said goods are actually produced.
|