AGREEMENT FOR POLICE SERVICES BETWEEN DARLINGTON TOWNSHIP AND DARLINGTON BOROUGH
This Agreement/contract is made between the TOWNSI-IlP OF DARLINGTON (hereafter called “Township”) and DARLINGTON BOROUGH (hereafter called “Borough”).
BACKGROUND & PURPOSE:
The Township and the Borough are adjacent municipalities situated in Beaver County, Pennsylvania.
The Township maintains a part-time police department which is consists of part-time officers.
The Borough desires to have the Township’s Police Department perform law enforcement functions within the Borough. The Township is willing to provide such police services to Borough.
The parties desire and intend by this instrument to set forth in detail the matters they have agreed upon.
The Borough and the Township, intending to be legally bound, agree as follows:
A.) Police Services. (1) While this Agreement is in effect, the Township shall provide police services to Borough in the manner and to the extent outlined below.
Except as otherwise specifically provided, (i) such services shall only encompass duties and functions of a type coming within the jurisdiction of and customarily rendered by the Township’s Police Department, and (ii) the level of service shall be that same basic level of service that is provided for the incorporated area of the Township by its Police Department.
- More specifically, the Township will perform the following functions for the Borough:
A.) Enforcement of the Pennsylvania Motor Vehicle Code.
B.) Enforcement of the Pennsylvania Crimes Code.
C.) Enforcement of other penal laws of the Commonwealth, including (but not limited to) the Controlled Substances Act.
D.) Enforcement of the penal ordinances of the Borough which are the same or similar in nature to those now and hereafter enforced within the limits of the Township.
E.) Maintain daily security checks of government and business establishments located within the limits of the Borough.
F.) Report hazardous conditions existing within the Borough to the proper authority (i.e., traffic lights out, holes in the highways, street lights out, etc.).
G.) Provide while the Township has an officer on duty, a response capability to requests for police services, and preventive patrols of the Borough’s streets and roads.
H.) Provide a minimum of two patrols throughout the Borough per shift.
I.) Fines, costs, and fees generated through the Magisterial District out of Borough filings will be divided 1/3 each to Borough, Township, and to the State of Pennsylvania as provided by law.
A.) Investigate to a satisfactory conclusion all reported criminal offenses which are of a type or similar in nature to those now and hereafter investigated within the limits of the Township.
B.) Investigate accidents occurring in the Borough’s roadways which are of a type or similar in nature to those now and hereafter investigated within the limits of the Township.
C.) Respond to citizen complaints and requests of a type and similar in nature to those now and hereafter responded to and investigated within the limits of the Township.
D.) Prosecute, in the courts having jurisdiction, those persons believed to be responsible for criminal law, traffic law, and ordinance violations occurring within the Borough.
A.) Establish and maintain a complete and up-to-date uniform police records system concerning all services rendered to the Borough.
B.) Provide to the Borough Council a monthly and yearly police activity report setting forth a summary of services rendered hereunder.
C.) Submit to the State and Federal governments all required and necessary reports, that are of a type or similar in nature to those that are now or hereafter submitted by the Township Police Department.
D.) Upon seven (7) days notice from the Mayor of Darlington Borough, a police officer shall attend the next regularly scheduled monthly meeting of Darlington Borough Council to review and receive any concerns of the Council or citizens of Darlington relative to the services rendered hereunder.
E.) Make recommendations to Borough Council, if and when necessary, for the improvement of traffic and other regulations.
DELEGATION OF POWER:
While this agreement is in effect, the Borough hereby delegates its police powers to the Township, to the extent necessary or proper for law enforcement activities in the Borough by Township’s Police Department, as intended by the parties:
A.) The Borough shall have no responsibility for the direct payment of any salaries, wages or other compensation to any Township personnel performing services hereunder for the Borough, or any liability other than that provided for in this Agreement.
B.) Except as herein otherwise specified, the Borough shall not be liable for compensation or indemnity to any Township officer for injury or sickness arising out of his or her employment.
C.) It is understood that officers of the Township Police Department are employed by the Township and under the exclusive supervision and control of the Township. As such employer, the Township shall:
- be responsible for any acts and omissions of such policemen while on duty in the Borough, to the same extent that the Township may be responsible for such acts or omissions committed within the Township; and
- the Township shall maintain appropriate insurance against liability for such acts and omissions, to the extent deemed appropriate by the Township; and shall cause the Borough to be named as an “additional insured” in Township’s police liability insurance
TERM OF THE CONTRACT:
This Agreement shall be in effect commencing on September 1, 2016, until December 31, 2017. The Borough and the Township must mutually agree in writing to terms of any extension of this Service Agreement.
In consideration of such services, the Borough will pay to the Township by the 15th of each month seven hundred fifty dollars ($750.00) for the entire length of the Agreement.
A.) The Borough shall reimburse the Township for the actual cost, not to exceed $650.00 per year, of having the Borough named as an “additional insured” in Township’s police liability insurance policy. The Township shall provide the Borough with a quote from the Township’s insurance carrier regarding the cost of such change to the Township’s police liability insurance policy. Upon adding the Borough as an “additional insured” to the police liability insurance policy, the Township shall provide a complete copy of the policy to the Borough.
B.) All customary expenses incurred by the Township in the prosecution of any crime or offense occurring in the Borough shall be paid by the Township. However, the Borough will reimburse the Township for any extraordinary charges incurred in connection with the prosecution of serious crimes and offenses (such as but not limited to murder, rape, and arson) committed in the Borough (such as those relating to polygraphs, special scientific testing, etc.). To the extent that all Township officers billable time exceeds sixteen hours per month collectively at the Magisterial District Court and/or the Beaver County Court of Common Pleas, such officers billable time will be billed to the Borough at $25.00 per hour above sixteen hours of court time for the month. Such costs and officers billable time shall be documented by the Township and billed to the Borough on a monthly basis.
C.) While this Agreement is in effect, upon the request of either party, representatives of both parties shall meet to discuss and resolve any issues which may arise related to police matters.
This Agreement is made pursuant to Sections 2301-2315 of the General Local Government Code, 53 Pa.C.S. §§ 2301-2315, commonly known as the Intergovernmental Cooperation Law. Each party shall promptly enact an appropriate ordinance to implement this Agreement. Upon the adoption of the aforesaid ordinances, this Agreement shall be in force and binding upon each party according to the terms stated herein.
If one or more of the provisions in this Agreement are deemed void by
law, then the remaining provisions will continue in full force and effect.
B.) Successors and Assigns.
This Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and elected officials.
The language used in this Agreement will be deemed the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against either party.
D.) Entire Agreement.
This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersedes any and all prior discussions, Agreements, or contracts, whether written or oral. No modification of, or amendment to, this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged.
E.) Choice of Law.
This Agreement shall be governed, construed and interpreted by, through and under the Laws of the Commonwealth of Pennsylvania.