Township of East Bradford, PA Police Cooperation Agreement

Editor's Note: Said agreement is on file in the Township offices.

[Amended 12-11-2018 by Ord. No. 05-2018; 10-8-2019 by Ord. No. 05-2019]

In accordance with the Intergovernmental Cooperation Act of 1972, as amended (53 Pa.C.S.A. § 2301 et seq., as amended, and specifically § 2307 thereof), the following is recited:

Services and personnel provided.

(1)

A minimum of one police officer will be assigned by the Borough to patrol within the legal boundaries of the Township 24 hours per day, seven days per week, which requires the Borough to hire six officers. The officer will be provided backup by other Borough police units on duty in the Borough. It is recognized that the Township has concerns about police patrol of Township open space and with traffic enforcement, so those areas will be assigned priority status for West Chester Police Department concentration when not responding to calls for assistance. While the intent of this agreement is to maintain twenty-four-hour, seven-day-a-week police patrol in the Township, it is mutually agreed that some flexibility can be employed to concentrate police attention on areas of concern to the Township for limited, targeted periods of time. The West Chester Police Department will maintain regular communication with Township officials to understand evolving areas of concern for police patrol and concentration. The Township and the West Chester Police Department will work together to encourage active engagement of Township residents to assist with community safety. It is recognized that calls for service by Township residents must take priority over the aforementioned activities.

(2)

The Borough shall provide all dispatching service for police patrol units assigned to the Township (whether assigned by the Borough or the Township) and other emergency services as hereinafter defined.

(3)

The Borough shall provide the Township with Borough Police Department support and administrative services, including services of the Borough's criminal investigation division, juvenile officer, community relations office and records office, vehicle maintenance and equipment maintenance services, and general administrative services. The above-noted services are hereafter more specifically defined as follows:

(a)

Dispatch. The Borough will provide all emergency dispatching services for the Township, including police, fire and ambulance, on a twenty-four-hour basis, seven days a week. Dispatch will answer calls, relay calls, dispatch emergency units and keep a running log of activities within the Township and shall provide direct access to all county, state and federal law enforcement information systems.

(b)

Criminal Investigation Division (detectives). The Criminal Investigation Division will provide backup to the patrol units assigned to the Township. This division will handle investigation of criminal matters and assist in the recovery of stolen property.

(c)

Juvenile Officer. The juvenile officer will provide services relating to the investigation and prosecution of crime committed by juvenile offenders within the Township. In addition, the juvenile officer will work with such juvenile offenders, their parents, guardians and the schools to resolve problems and will conduct educational programs for the schools and parent/teacher organizations.

(d)

Community Relations Office. The Borough Police Department will perform public relations aspects within the Township through community education programs, seminars, school visits, crime prevention activities and other community events. The Police Department will also conduct internal investigations and investigation of citizen complaints against police officers.

(e)

Records Office. The Borough Records Office shall maintain all of the records generated with respect to police activities within the Township and shall prepare the required reports for local, state and federal agencies. A separate set of police records and reports will be maintained for and provided to the Township Supervisors on a monthly basis. In addition, the Borough Records Office will prepare all required state and federal crime statistic reports for the Township. Upon termination of this agreement, the Borough shall retain all of these separate records pertaining to the Township for as long as required by state or federal law or regulation. In addition, the Borough shall provide to the Township copies of any of these records which the Township may request upon remittance to the Borough of the cost of reproducing the records.

(f)

Administration. The Borough will oversee the police function in the Township through its chain of command in the Police Department.

Insurance. The Borough, at its sole cost and expense, will secure and provide automobile insurance and police professional liability coverage for the Borough's activities within the Township. The Township shall be responsible for the payment of any deductible required to be paid as a result of any insurance claim arising from or involving police activities within or relating to the Township. On a yearly basis during the term of this agreement, the Borough shall provide the Township with evidence of proof of insurance coverage as required herein.

Fees and expenses. The Township shall pay to the Borough certain fees, expenses and start-up capital costs as are more particularly set forth hereinafter:

(1)

Operating fee. The Township shall pay to the Borough the following fees, at the following times, for police and administrative services provided by the Borough to the Township:

(a)

The sum of $1,481,497, which shall be paid in four equal installments of $370,374.25 on January 1, 2020, April 1, 2020, July 1, 2020, and October 1, 2020.

(b)

The sum of $1,584,050, which shall be paid in four equal installments of $396,012.50 on January 1, 2021, April 1, 2021, July 1, 2021, and October 1, 2021.

(c)

The sum of $1,593,196, which shall be paid in four equal installments of $398,299 on January 1, 2022, April 1, 2022, July 1, 2022, and October 1, 2022.

(d)

The sum of $1,709,815, which shall be paid in four equal installments of $427,453.75 on January 1, 2023, April 1, 2023, July 1, 2023, and October 1, 2023.

(2)

Optional weight and speed details.

(a)

As an extra optional service and only upon the request of the Township, the Borough may conduct additional special weight and speed details. The location, duration and scheduling of such weight and speed details shall be at the discretion of the Borough after consultation with the Township. The Township may reasonably request locations and dates, and the Borough shall use its best efforts to accommodate reasonable requests.

(b)

Each extra weight and/or speed detail shall be billed by the Borough to the Township at the time of completion at the rate of $215 per hour for each hour that the detail was actually being conducted in calendar year 2020. The hourly rate will increase annually throughout the term of this agreement at a rate of 3%. The hourly fee shall be prorated for portions of an hour. The fee for completed weight and/or speed details shall be due and payable to the Borough within 30 days after invoice by the Borough.

(3)

Alarm billing and collection. The Borough will be responsible for all billing and collection relating to violations of the Township's security alarm ordinances. The Borough's fee for such billing administration and collection for a calendar year will be 50% of the total fines collected (the "alarm fee"). The alarm fee for a calendar year shall be paid by the Township to the Borough within the first quarter of the following calendar year.

(4)

Renegotiation. On or before April 1, 2023, the Borough and the Township will commence negotiations for a contract extension for future years. Notwithstanding the foregoing, neither the Township nor the Borough shall be under any obligation to continue the services provided hereunder if either determines that such is not in the best interest of the Township or the Borough.

Term. Provided both the Township and the Borough have adopted ordinances in accordance with 53 Pa.C.S.A. §§ 2305 and 2307 authorizing the officers, supervisors or council members to execute the agreement and any amendments thereto on behalf of the Township and the Borough, the term of this agreement shall commence on January 1, 2020, and shall terminate on December 31, 2023, unless further extended or terminated by agreement of the Borough and the Township.

Amendment to agreement. This agreement may be amended at any time by mutual written agreement signed by the Borough and Township, which agreement is approved by ordinances of both municipalities.

Termination of agreement. This agreement may be terminated by mutual written agreement of the Borough and Township; provided, however, that a minimum of one year's prior written notice of intent to terminate must be provided to the other party.

Manner in which real and personal property shall be managed and disposed of. All real and personal property acquired hereunder shall be the property of the Borough and shall be managed and disposed of by the Borough.

Manner and extent of financing the agreement. The funds payable by the Township to the Borough for the police services and capital expenditures hereunder shall be paid from the general fund of the Township in accordance with the Second Class Township Code, including but not limited to 53 P.S. § 66903.

Policy decisions of Township. The Township may, from time to time, provide the Borough with policy direction with respect to the Borough's police activities within the Township. Notwithstanding the foregoing, it is understood and agreed that the day-to-day management and administrative decisions shall rest solely with the Borough.

Arbitration. In the event of a dispute between the parties with respect to any of the terms or conditions hereof, or the performance of either party during the term of this agreement, such dispute shall be submitted to a three-member panel of arbitrators for resolution and determination. Each of the parties shall select one such arbitrator within 10 days of notification by the other of an unresolved dispute, and the arbitrators so selected shall choose the third within 10 days after their appointment. The arbitrators are herewith empowered to conduct such hearings and subpoena such witnesses as shall be necessary for the full and complete determination of any such dispute. The decision of a majority of the arbitrators shall be final and conclusive upon the parties, and there shall be no appeal therefrom except in the case of questions of law, the regularity of the proceedings or an abuse of the arbitrator's discretion. Each party shall pay the fee charged by its respective arbitrator, but otherwise shall equally share the fee of the third arbitrator and all other costs of the proceedings, exclusive of any appeal.

Use of township building. During the term of this agreement, the Township agrees to permit the Borough and its police officers to use the current Township police facilities for the purposes set forth in this agreement.

Entire agreement. This agreement constitutes the entire agreement of the parties with respect to these matters, and no modifications, amendments, additions or revisions hereto shall be valid and binding until executed in two simultaneous counterparts by the respective parties as an addendum to this agreement, and otherwise in accordance with law.

Interpretation of agreement. This agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania.

No new entity is created by this agreement.