POLICE SERVICES AGREEMENT

AGREEMENT made _________ ___, 2009, by and between MANHEIM TOWNSHIP ("MT"), a First Class Township under the laws of the Commonwealth of Pennsylvania ("Commonwealth"), with municipal offices at 1840 Municipal Drive, Lancaster, Pennsylvania, and LANCASTER TOWNSHIP ("LT"), a Second Class Township under the laws of the Commonwealth, with municipal offices at 1240 Maple Avenue, Lancaster, Pennsylvania.

Background. LT has previously contracted with the City of Lancaster to secure police services within LT. LT's contractual relationship with the City of Lancaster for such services will terminate effective December 31, 2009. LT desires to secure such services from MT and MT desires to provide such services pursuant to the terms of this Agreement.

THEREFORE, IN CONSIDERATION of the mutual benefits and obligations to be derived and resulting from, and intending to be legally bound by, this Agreement, LT and MT hereby agree as follows:

1. Authority. LT is empowered under Section 1903 of the Second Class Township Code, of the Commonwealth, to contract with MT to secure police services within LT. MT is empowered under Section 1502.54 of the First Class Township Code, of the Commonwealth, to contract with LT to furnish police services within LT. LT and MT are further authorized to enter into this Agreement, as an intergovernment cooperation agreement, pursuant to the Intergovernmental Cooperation Law, of the Commonwealth.

2. Police Services. MT will provide police protection and services to LT of the same caliber and scope as those furnished by MT to the residents of MT. Such services shall include, but not be limited to, regular police patrols, emergency response, specialist services (parking enforcement, park security, animal control) investigative services, supervisory and administrative services and such other services as are regularly rendered to the citizens of MT. MT agrees to dedicate eight (8) police officers to LT, such officers to work out of the LT municipal building. The officers so assigned will work two (2) twelve (12) hour shifts, with two (2) officers assigned to the same shift allowing for two (2) officers to be on duty and providing service 24 hours, 7 days a week. MT officers covering the School Lane Hills area of MT will expand their area of responsibility to Columbia Avenue in LT, while MT officers working in the area of Broad and Chestnut Streets of MT will be responsible for the east side of LT.

3. Payment. Subject to adjustment, at set forth below, LT agrees to pay the following initial base annual amount for 2010 for such services, payable in advance, in equal monthly installments on the first day of each month. The base annual amount for 2010 is as follows:

Payment effective January 1, 2010 $1,005,243.00

In addition, in subsequent years of the term of this agreement, the annual base amount may be adjusted each year where the cost for such police services as determined by MT, increases, but in no case shall LT pay or shall MT charge for additional annual amounts for police services in excess of six (6%) percent of the previous annual base year. LT agrees to pay any additional annual base amounts adjustment for such police services through the term of this agreement. MT shall provide LT with written notice by October 15 of any adjustment to the annual base amount which shall be due and payable by LT for the next succeeding year.

In addition, LT agrees to pay upon invoice received from MT:

(A) Court Time. Court time as necessary for the assigned eight (8) officers for the duration of this Agreement, at the hourly rate specified in the then current MT police labor contract, which, for the year 2010, is set at $67.00 per hour. Records relevant to court time will be submitted directly to LT for review on a bi-weekly basis. MT will be responsible for all other costs of all prosecutions initiated by MT.

(B) Emergency/Special Event/Arrest/Workload Overtime. In the event of an extraordinary emergency, special event, arrest at the end of a shift, or extended work time/?workload requiring a larger police presence, or in the event the officers assigned to LT should become ill or disabled for an extended period of time, LT agrees to pay the overtime rate specified in the then current MT police labor contract, which for the year 2010, is $67.00 per hour. When possible, these events will be discussed with and approved by LT.

(C) Support (Specialist) Services. LT agrees that "Civilian Police Aides" may be used for such services as park security, school crossing guards, or parking enforcement. Such services will be provided upon the request and approval of LT, at an agreed upon schedule of service time(s) and an agreed upon “per hour” pay rate schedule provided to LT with the annual base amount information.

4. Police Substation Support: LT agrees to provide workspace and facilities at its designated police substation(s) located in LT and to outfit and supply MT personnel assigned to work at such location(s) with sufficient office facilities and work supplies (e.g. computers, computer equipment, desks, storage space, office supplies, etc.) to effectuate police services, and otherwise perform all lawful duties with respect to the performance of law enforcement services in LT.

5. Employment Status. The MT Police Department retains authority for the supervision, hiring, training, assignment, and accountability of all personnel serving in LT pursuant to this Agreement. Information concerning assignments, strategies and duties will be shared with, and consideration given to requests of, LT.

All such personnel are and will continue to be employees of MT, and shall not be or be considered to be employees of LT, for all purposes including, without limitation, compensation, workers compensation and disciplinary matters. LT shall have no obligation to pay any compensation or benefits to individual MT officers or personnel providing services under this Agreement. MT will cover the same for unemployment, workers compensation and all civil service requirements and collective bargaining agreement obligations.

6. Authorized Law Enforcement. As authorized pursuant to the Second Class Township Code, the police officers of MT providing services in LT pursuant to this Agreement, shall have all of the powers and authority conferred by law on police officers with LT.

7. Mutual Indemnity/Legal Actions. It is the intent of the parties to be covered under the auspices of any applicable immunity granted by law. To the extent permitted by law, each party shall defend, indemnify and hold harmless the other party and its officers, employees, or agents from any and all liability, losses or damages, including attorneys' fees and costs of defense, which such party or its officers, employees, or agents may incur as a result of any claim, demand, suit, or cause of action or proceeding of any kind or nature arising out of, relating to, or resulting from the negligent performance of this Agreement by the other party, its employees, officers and agents. Each party shall promptly notify the other party of each claim, cooperate with the other party in the defense and resolution of each claim and shall not settle or otherwise dispose of the claim without the other party's participation.

The indemnification provisions of this Agreement shall survive termination of this Agreement for any claims that may be filed after the termination date of the Agreement provided the claims are based upon actions that occurred during the term of this Agreement.
If a legal action should arise from any event involving MT personnel providing services in LT under this Agreement, MT will assume responsibility for such legal action.

8. Fine Revenues. All revenues resulting from or imposed in connection with arrests, parking tickets, or prosecutions in LT shall be paid to LT.

9. Records. The MT Police Department will maintain all records relevant to services provided to LT under this Agreement and will submit a monthly report of all police activities including the UCR to LT on a monthly basis.

10. Annual Evaluations. It being the intention of the parties to provide for regular communication and annual evaluation and review of police services provided under this Agreement to ensure adequate levels of service to the LT community, the parties agree that:

(A) Report. MT will provide an annual evaluation of police protection services in advance of the LT Board of Supervisors October meeting or other time agreed to by the parties. The report will provide a summary of activities of the year, goals for the upcoming year, and detail crime statistics including Pennsylvania Uniform Crime Report (“UCR”) information and call volume.

(B) Re-evaluation of manpower needs. Annually, LT agrees to discuss with MT any manpower requirements and/or needs for the hiring of additional police officers when (a) police call volume and/or (b) crime volume increases by fifteen (15%) percent or more from the average base UCR data (from 2004 to 2007) following any contract year during the term of this Agreement. Should call volume exceed 9500 calls or UCR reported crimes exceed 950 crimes in any year, MT may request additional manpower be added to the roster of LT assigned officers to handle the increase in workload. The cost of adding manpower under this circumstance is the responsibility of LT and the base annual fee would be adjusted to reflect this increase.

(C) Clearance rate – performance. Annually, MT agrees to provide a level of service to meet or exceed County averages for clearance rates. MT agrees to discuss crime clearance rate performance with LT to gauge service performance adequacy. If total clearance rates for LT, as reported in the Pennsylvania UCR, are below the average clearance rate for all police agencies in Lancaster County, performance may be deemed not adequate, and, in such event, MT agrees to provide LT with an action plan and set of implementation recommendations to address performance deficiencies. In this situation, implementation costs of the action plan are the responsibility of MT.

11. Term. The term of this Agreement shall commence January 1, 2010, and shall continue for an initial period of five (5) years, ending on December 31, 2014.
This Agreement will thereafter renew on the same terms for five (5) years, except as modified with respect to fees, duties or responsibilities, unless either party notifies the other in writing more than eighteen (18) months prior to the end of the current term that it does not intend to renew the Agreement.

12. Notices. Any notice, request, demand or other communication made in connection with this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery, if delivered to the persons identified below in person, by courier service or by facsimile copy (with original copy mailed the same day in accordance with the provisions of this Section), or five (5) business days after mailing if mailed by certified mail, postage prepaid, return receipt requested, addressed as follows:

If to LT:
Lancaster Township
1240 Maple Avenue
Lancaster, PA 17603
Attention: Manager

If to MT:

Manheim Township Police Department
1825 Municipal Drive
Lancaster, PA 17601
Attention: Police Chief

With a copy to:

Manheim Township
1840 Municipal Drive
Lancaster, PA 17601
Attention: Manager

13. Miscellaneous.

(A) Entire Agreement. This Agreement contains the entire agreement of the parties and all understandings, representations, agreements between them.

(B) Non-Assignability/No Third Party Beneficiary Rights. This Agreement shall not be assignable by either party. This Agreement does not create any third party beneficiary rights.

(C) Governing Law. This Agreement is made and shall be construed under and in accordance with the laws of the Commonwealth.

(D) Counterparts. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which together shall constitute one and the same instrument.

(E) Severability. This Agreement is intended to be performed in accordance with, and only to the extent permitted by applicable law. If any provision of this Agreement, or the application thereof to any person or circumstance, shall, for any reason and to any extent be invalid or unenforceable, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby but rather shall be enforced to the greatest extent permitted by law.

(F) Amendment. This Agreement may not be amended except in writing executed on behalf of each party.

(G) Effective Date. This Agreement shall become effective upon execution by each party following enactment by each party of authorizing ordinances pursuant to the Intergovernmental Cooperation Law of the Commonwealth.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives as of the date first above written.

MANHEIM TOWNSHIP
Attest: By:

Secretary                                                                      (Vice) President, Board of Commissioners

LANCASTER TOWNSHIP
Attest: By:

Secretary                                                                       (Vice) Chairman, Board of Supervisors