[Amended 12-11-2018 by Ord. No. 05-2018; 10-8-2019 by Ord. No. 05-2019]
The Chairman of the Board of Supervisors is hereby authorized
to enter into the Police Cooperation Agreement between the Borough
of West Chester and East Bradford Township for the period from January
1, 2020, through December 31, 2023, in accordance with the terms and
conditions authorized by this ordinance and set forth in the agreement
which is attached hereto, made a part hereof and marked as Exhibit
A (the "agreement"). Furthermore, the appropriate officers of the Township
are hereby authorized to do whatever is necessary and appropriate
to carry out the provisions of the agreement and this ordinance and
to comply with the purposes and intent of the agreement and this ordinance.
[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:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. 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.
H. 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.
I. 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.
J. 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.
K. 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.
L. 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.
M. Interpretation of agreement. This agreement shall be interpreted
in accordance with the laws of the Commonwealth of Pennsylvania.
N. No new entity is created by this agreement.
If any sentence, clause, section or part of this ordinance is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts hereof. It is hereby declared as the intent of the Board
of Supervisors of the Township of East Bradford that this ordinance
would have been adopted had such unconstitutional, illegal or invalid
sentence, clause, section or part thereof not been included therein.
All ordinances or parts of ordinances conflicting with any provision
of this ordinance are hereby repealed insofar as the same affects
this ordinance.
The location and numerical designation of this ordinance and
the sections included herein shall be delegated to the discretion
of General Code, which may renumber this ordinance and sections as
are necessary to accommodate this new ordinance.
This ordinance shall become effective upon enactment as provided
by law.