[HISTORY: Adopted by the Borough Council of the Borough of Athens as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-12-2020 by Ord. No. 706, approved 8-12-2020 (Ch. 12 of the 1977 Code)]
This article shall be known and may be cited as the "Intergovernmental Cooperation Act Agreement." This agreement establishes the services that shall be provided between the Police Departments of said municipalities. The intent of this agreement is to improve public safety without increasing or decreasing any services to the municipalities participating in this agreement.
A. 
Whereas, the parties hereto are geographically located in proximity to each other; and
B. 
Whereas, the parties have determined it is to their mutual interest and benefit to furnish and receive supplemental police protection with each other.
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 8 Pa.C.S.A. § 1201(24), General Power of Borough Code, Section 53 P.S. § 66507, General Power of Township Code, 53 Pa.C.S.A. §§ 2303 and 2305, authorizes the county to enter into the agreement.
A. 
The Borough of Athens hereby approves the form and content of that Police Mutual Aid Agreement, by and between Sayre Borough, Athens Township, South Waverly Borough, Towanda Borough, Troy Borough, Canton Borough, and the Bradford County Sheriff's Department, Pennsylvania, political subdivisions and local government units of the Commonwealth of Pennsylvania, which is proposed to be made and executed by the said county and municipalities (collectively the "parties" to the agreement).
B. 
The agreement for tactical team placement between the Bradford Regional Special Operations Team (BRSOT) and The Bradford County District Attorney's Office is incorporated by reference and attached as Appendix A.[1]
[1]
Editor's Note: Said appendix is on file in the Borough offices.
As required by § 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.
A. 
The parties agree and authorize their police to furnish actual standby, emergency aid, and assistance in police protection services upon request to the other.
B. 
It is mutually understood and agreed that the primary duty of each party is to provide adequate police protection services within its own municipality, and compliance with a request for police assistance is voluntary and not compulsory for the party from which aid is requested.
C. 
Each municipality shall maintain its own police force, provide all required equipment, and pay its own expense for the upkeep of its own police force. Each police department and/or sheriff department shall provide their police force with employee benefits, group insurance and social security.
D. 
Each municipality shall retain its own boundaries.
E. 
No charges or expense shall be assessed for the police aid furnished by one municipality to another municipality.
F. 
All police officers employed by said municipalities will be under the administrative control of the municipality that originally hired them and the operational control of their respective chief of police and/or sheriff for the county. Any issues of concern shall be directed to the respective chief of police and/or the sheriff for the county.
A. 
It is understood that this agreement authorizes members of each participating municipalities' police departments to have the same arrest and investigation powers and to enforce all state and federal laws and local ordinances in each other's jurisdictions as authorized by the Pennsylvania Statewide Municipal Police Jurisdiction, 42 Pa.C.S.A. § 8953.
B. 
Each municipality hereby authorizes the police officers from their municipality to exercise law enforcement powers within the territorial limits of the other municipality when acting pursuant to the terms of this agreement.
C. 
Each police department is authorized to handle calls of service, or automatically respond, to high-risk situations such as, but not limited to, domestic violence calls, robbery, assaults, warrant executions, hostages/barricaded suspect, active shooter, or officer needs assistance calls.
D. 
The police department in the municipality to which aid and assistance is rendered shall be in charge of the incident.
E. 
The service that shall be provided shall be the services provided by police in each municipality.
F. 
This includes authorizing the chief of police or the sheriff of each respective department to enter into an agreement between Bradford Regional Special Operations Team (BRSOT) and the Bradford County District Attorney's Office.
A. 
Each police department shall supply police services to the other departments during all shifts as needed in the event of an emergency or the unavailability of police services in the requested agency's jurisdiction. The next closest available agency shall be requested to respond as needed.
B. 
This shall include services for mutual aid to the on-duty police units.
C. 
Support patrols shall be by request as needed at the discretion of the on-duty officer or as directed by the chief of police and/or sheriff.
D. 
Handle calls for participating police service when other unit(s) is/are unavailable due to other incidents, emergencies, or other law enforcement related activities.
E. 
The service provided by each police department shall include services normally provided by police, including, but not limited to, patrol, investigation, and support duties. In-depth or major criminal investigation incidents shall be the responsibility of the primary agency having jurisdiction. The primary agency shall call in appropriate resources from their department as soon as practical to conduct the investigation. The primary agency shall release assisting agency units as soon as possible under the circumstances.
F. 
Provide law enforcement assistance at special events as permitted by scheduling. The chief of police and/or sheriff in each municipality shall agree upon the type and amount of service provided.
G. 
This agreement shall be implemented by the chief of police and/or sheriff depending on the necessary response and availability of the required personnel.
A. 
The parties agree that this agreement shall renew automatically each year.
B. 
The parties agree that any municipality may withdraw from or amend this agreement at any time by giving written notice to the other parties of their intent to dissolve the agreement. This notice shall be given at least 60 days in advance of such termination. Termination shall not affect the other parties being bound by this agreement.
C. 
This agreement shall become effective on or before October 1, 2019, after adoption of an ordinance by each of the governing bodies hereto.
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 Bradford County Commissioners,. 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 article invalid or nullified, that fact shall not affect or invalidate any other portion, section or subsection, and all remaining portions, sections or subsections shall remain in full force and effect.