[Ord. No. 2013-3, 3/4/2013]
This Part is ordained and enacted pursuant to the provisions
of The Borough Code, as amended and reenacted, 53 P.S. § 45101
et seq., the Pennsylvania Municipal Police Jurisdiction law, as amended,
42 Pa.C.S. § 8951 et seq., and the Pennsylvania Intergovernmental
Cooperation law, as amended, 53 Pa.C.S. § 2301 et seq.,
and otherwise per law.
[Ord. No. 2013-3, 3/4/2013]
The Borough of Burnham hereby approves the form and content
of that Police Mutual Aid Agreement, by and between the County of
Mifflin, the Borough of Burnham, the Borough of Juniata Terrace, the
Borough of Kistler, the Borough of Lewistown, the Borough of McVeytown,
the Borough of Newton Hamilton, the Township of Armagh, the Township
of Bratton, the Township of Brown, the Township of Decatur, the Township
of Derry, the Township of Granville, the Township of Menno, the Township
of Oliver, the Township of Union, and the Township of Wayne, all of
Mifflin County, 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). The Police Mutual Aid Agreement is
incorporated in and made a part hereof and shall be substantially
in the form attached hereto, and incorporated herein as Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Borough office.
[Ord. No. 2013-3, 3/4/2013]
1.
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:
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. § 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 its boundaries
shall extend to its participation in services performed outside of
its 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.
[Ord. No. 2013-3, 3/4/2013]
The President of Borough Council, or in his absence, the Vice
President of Borough Council, together with the Borough Secretary,
are hereby authorized and directed to execute and attest the agreement
and counterparts thereof on behalf of the Borough of Burnham. This
authority and direction to execute the agreement shall be authorized
and carried out even if changes are made after the enactment of this
Part and amendment to the Borough of Burnham Code of Ordinances, 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 Part
and amendment to the Borough of Burnham Code of Ordinances.
