THIS AGREEMENT, entered into this _____ day of _______,_____,
by and among the County of Lawrence, the Office of the District Attorney,
the Lawrence County Drug 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 Municipal Drug Task Force (hereinafter referred to as the "Drug
Task Force") operating within and throughout Lawrence County in an
effort to coordinate illegal drug policing investigations and prosecution
activities; and
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WHEREAS, the parties wish to enter into an agreement of cooperation
and establish the administrative framework for carrying out narcotic
policing activities in a coordinated countywide program; and
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WHEREAS, it is evident that the shared problem of illegal use
and trafficking of narcotics and other illegal drugs 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 there is a need for
uniformity and continuity in drug related policing activities throughout
the County of Lawrence as well as the Commonwealth of Pennsylvania;
a d
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WHEREAS, it is agreed and understood that a coordinated police
effort will increase productivity, provide a framework for the sharing
of information, and reduce the duplication of drug policing efforts
throughout the County of Lawrence; 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 narcotic and illegal drug laws and will assist in the preservation
of safety and welfare of the 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 drug 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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The parties to this agreement will cooperate in carrying out
the work of the Drug Task Force and agree to perform their individual
duties as set forth in this Agreement and in any written Task Force
Guidelines (as established).
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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. 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). The Drug Task Force shall
have no obligation to enter into contracts for policies of group insurance
and employee benefits, including social security for direct employees
of the task force, if any, but shall be empowered to do so in the
discretion of the District Attorney and governing bodies of the municipalities
participating herein.
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3.
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Term. The term of this Agreement shall begin on July 1, 2010
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.
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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
Drug Task Force by providing THIRTY (30) days' prior written
notice to the other parties of this Agreement.
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The Office of the District Attorney reserves the right to terminate
operation of the Drug 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 Drug 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 Drug Task Force members
performing Drug Task Force duties. No reimbursement for overtime will
be approved unless the Office of the District Attorney has given prior
approval to the employee to work overtime hours.
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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 Pennsylvania Controlled Substances
Forfeitures Act and/or any other statute providing for forfeiture
shall be based upon the principle of equitable sharing of resources
and proceeds.
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The Office of the District Attorney shall include the municipal
police department as an eligible recipient in any request by petition
to the Court of Common Pleas for awards of Drug Task Force seizures
of either real or personal property.
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The Office of the District Attorney, in conjunction with the
municipal police department, shall have sole authority to authorize
federal intervention regarding seizure and/or prosecution only after
all avenues offered by the Office of the District Attorney have been
exhausted.
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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.
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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 Drug 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 Drug 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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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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Drug Task Force:
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Municipal Police Department:
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Municipal Representatives
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