[Ord. 7020, passed 7-26-1990]
This article shall be known and referred to as the "City of New Castle Drug Task Force Agreement."
[Ord. 7020, passed 7-26-1990]
The City has evidenced its intent to participate in the Municipal Drug Task Force activities in cooperation with the Commonwealth's Office of Attorney General designed to interdict the illegal use and trafficking of narcotics and other illegal drugs within its municipal boundaries as well as within the boundaries of nearby communities.
[Ord. 7020, passed 7-26-1990]
The Agreement may include intergovernmental cooperative activities with adjacent and nearly municipal governments as part of a regional effort to interdict illegal drug activities.
[Ord. 7020, passed 7-26-1990]
The City shall utilize the services of its police force, both full-time as well as part-time, under the conditions set forth in the Agreement and in compliance with the Municipal Police Jurisdiction Act 42 Pa. C.S.A. Sec. 8953.
[Ord. 7020, passed 7-26-1990]
The City shall establish, pursuant to the terms of the Agreement which is attached hereto and incorporated as a part of this article, appropriate procedures to comply with all relevant provisions of the Agreement and relevant regulations, direction and guidance from the Office of the Attorney General.
[Ord. 7020, passed 7-26-1990]
The term of the Agreement shall commence on ______, 1990, and may be terminated at any time upon 30 days' written notice.
[Ord. 7020, passed 7-26-1990]
The purpose and objectives of the Agreement include region wide coordination of municipal police activities in an effort to combat illegal narcotics and drug trafficking.
[Ord. 7020, passed 7-26-1990]
The Agreement shall be financed with the assistance of the funds supplied by the Office of the Attorney General of the Commonwealth of Pennsylvania.
[Ord. 7020, passed 7-26-1990]
The organizational structure necessary to implement the terms of this Agreement shall be covered by directives, procedures and guidelines from the Office of the Attorney General and other area police departments.
[Ord. 7020, passed 7-26-1990]
All property, real or persons, acquired, managed or disposed of pursuant to this Agreement shall be in accordance with both the terms of the Agreement as well as the directives, procedures and guidance of the Office of the Attorney General.
[Ord. 7020, passed 7-26-1990]
The City shall retain responsibility for the management, control and direction of its employees with assistance, financial or otherwise, from the Office of Attorney General.
[Ord. 7020, passed 7-26-1990]
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.