[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.
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.
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.