CONTRACT FOR SILVER LAKE TOWNSHIP
POLICE SERVICES
TO FOREST LAKE TOWNSHIP,
SUSQUEHANNA COUNTY, PA

                        This contract is made between Silver Lake Township (hereinafter “Silver Lake”) a Pennsylvania municipality, whose mailing address is PO Box 126, Brackney PA 18812, and the Forest Lake Township (hereinafter “Forest Lake”), a Pennsylvania municipality, whose mailing address is RR 2, Box 44C, Montrose, PA 18801.

AUTHORITY

            1.0       This agreement is entered into pursuant to authority granted by the Second Class Township Code Article XIX, Section 1901 et. seq.

PURPOSE

            2.0       This contract provides for Silver Lake to provide police services to Forest Lake pursuant to the terms, conditions, and limitations set forth in this contract. No independent or separate legal or administrative entity is created by this inter-local agreement.  Silver Lake is being authorized by Forest Lake under this agreement to exercise law enforcement power granted to Forest Lake.

TERM OF AGREEMENT

            3.0       This agreement shall be effective and commencing on January 1, 2010 and continue for a term of three (3) years and on ending December 31, 2012.     

FINANCIAL ARRANGEMENTS

            4.0       Forest Lake agrees to pay Silver Lake the sum of One Hundred Twenty Thousand Dollars ($120,000.00) for police services during the term of this contract (January 1, 2010 through December 31, 2012) payable as follows:  (a) For the first year of the contract term (January 1, 2010 through December 31, 2010), the sum of  Thirty Seven Thousand Dollars ($37,000.00) payable in equal quarterly installments of Nine Thousand Two Hundred Fifty Dollars ($9,250.00) each, in advance, as follows: Nine Thousand Two hundred Fifty Dollars ($9,250.00) on or before January  1, 2010; Nine Thousand Two Hundred Fifty Dollars ($9,250.00) on or before April 1, 2010; Nine Thousand Two Hundred Fifty Dollars ($9,250.00) on or before July 1, 2010; and a like sum of Nine Thousand Two Hundred Fifty Dollars ($9,250.00) for the first-year balance on or before October 1, 2010; (b) for the second year of the contract term (January 1, 2011 through December 31, 2011), the sum of Forty Thousand Dollars ($40,000.00) payable in equal quarterly installments of Ten Thousand Dollars ($10,000.00) each, in advance, as follows: Ten Thousand Dollars ($10,000.00) on or before January 1, 2011; Ten Thousand Dollars $(10,000.00) on or before April 1, 2011; Ten Thousand Dollars ($10,000.00) on or before July 1, 2011; and a like sum of Ten Thousand Dollars ($10,000.00) for the second-year balance on or before October 1, 2011; (c) for the third year of the contract term (January 1, 2012 through December 31, 2012), the sum of Forty Three Thousand Dollars ($43,000.00) payable in equal quarterly installments of Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) each, in advance, as follows: Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) on January  1, 2012; Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) on or before April 1, 2012; Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) on or before July 1, 2012; and a like sum of Ten Thousand Seven Hundred Fifty Dollars ($10,750.00) for the third-year balance on or before October 1, 2012.

                       There shall be a 5% late charge for any payment received by Silver Lake more than seven (7) days after any such payment is due.

            4.1       All  criminal and traffic fines levied and collected by any ordinance, bureau, or court of competent jurisdiction generated by the enforcement of any state laws or local ordinances in Forest Lake shall be paid to Silver Lake.  However, at the end of the first calendar year of this contract, the sum of OneThousand Dollars ($1,000.00) will be paid to Forest Lake for fines collected in Forest Lake.  Within sixty (60) days thereafter, the parties shall meet to determine an equitable division and distribution of fines collected in Forest Lake for the balance of the three (3) year contract term.

SERVICES

            5.0       Silver Lake agrees to provide the same coverage to Forest Lake during the term of this Agreement as is being provided to Silver Lake. When the Silver Lake Township Police Department personnel are on duty, they will be available to respond to calls in both Silver Lake and Forest Lake. The Department will be on patrol in or on duty and available to respond to calls in Forest Lake a minimum of forty (40) hours each week on average during the term of this contract. The Chief of Police or his designee shall at all times retain the right to determine deployment, shifts, duty assignments, patrol and surveillance areas, traffic monitoring areas, staffing levels and the like in both Forest Lake and Silver Lake.  He shall provide Forest Lake with the Department’s schedule and duty roster on a monthly basis for the previous month reflecting that Department personnel were on duty and available to respond to calls in Forest Lake a minimum of forty (40) hours per week on average.  Silver Lake will provide the same or similar nature and kinds of police services to Forest Lake presently provided to Silver Lake and agrees that the Silver Lake Township Police Department will provide to Forest Lake the same or similar nature and kinds of services in the future which may in the future be extended to Silver Lake.  These police services shall include the enforcement of all State penal and vehicle and traffic statutes and shall also  include but not be necessarily limited to the following:  part-time police services and response to 911 calls; general investigation of major crimes, including follow-up investigations; illegal drug investigations and enforcement; traffic enforcement; DUI enforcement; telephone response services when the Silver Lake Township Police are on duty; court time; computerized records management services; and, as available, emergency response team services.

            5.1       Forest Lake specifically grants the authority to Silver Lake and its police agency to enforce State laws and statutes within the boundaries of Forest Lake to the full extent that Forest Lake is authorized under Pennsylvania law to exercise its police power.

GRANTS

            6.0       During the term of this contract, Silver Lake and Forest Lake agree to cooperate as may be required or advisable at the request of Silver Lake in seeking grants  for police services to be provided in Silver Lake and Forest Lake or other areas. However, in the event Silver Lake should succeed in receiving a specific grant for police payroll and /or salaries only during the term of this contract, then and in that event, the parties shall confer in an attempt to reach a fair and equitable agreement concerning a possible credit to Forest Lake against future sums due to Silver Lake taking into account all relevant fact and circumstances.

LIABILITY AND INDEMNIFICATION

            7.0       Silver Lake agrees to indemnify, hold harmless and defend Forest Lake for all claims, demands, lawsuits, actions or proceedings resulting from or arising out of the negligence, wrongful acts or omissions of Silver Lake in providing police services to Forest Lake under this contract.  Silver Lake represents and Forest Lake acknowledges that Silver Lake has liability insurance coverage in effect and may rely upon this pledge or indemnification for its protection or may, at Forest Lake’s sole option, insure such risks at its own expense.  In the event of any claim, demand, lawsuit, action or proceeding brought against Forest Lake by reasons of the foregoing, Forest Lake shall provide immediate notice thereof to Silver Lake together with a demand to defend so that Silver Lake may promptly advise its insurance carrier and solicitor.  

            7.1       Forest Lake agrees to indemnify, hold harmless and defend Silver Lake from any and all claims, demands, lawsuits, actions or proceedings of any kind, which in any way arise from or out of the negligence, wrongful acts or omissions of Forest Lake or which may in anyway result from or arise out of the enforcement by the Silver Lake Township Police Department of any local law or ordinance of Forest Lake which is alleged to be unconstitutional or in any way unlawful, or from such claims, demands, lawsuits, actions, or proceedings wherein Forest Lake through its agents, servants or employees or independent contractors (other than Silver Lake) causes damage to any third party or any entity in connection with the police services being provided by Silver Lake.  In the event any action or proceeding is brought against Silver Lake by reason of the foregoing, Silver Lake shall provide immediate notice thereof to Forest Lake together with a demand to defend so that Forest Lake may promptly advise its’ insurance carrier and solicitor.

DEFAULT

           8.0       If Forest Lake defaults in any payment due under this Agreement and such default continues for thirty (30) days after written notice from Silver Lake, Silver Lake shall have the right to terminate this contract in which event Forest Lake shall remain obligated and liable for all payments due to Silver Lake, including late charges, in accordance with paragraph 4.0 above herein. 

RIGHT OF CONSULTATION

            9.0       The Forest Lake Township Board of Supervisors shall have the right from time to time to consult with the Silver Lake Board of Supervisors for the purpose of reviewing police services provided to Forest Lake.  Silver Lake will consider any request for a change in service or a change in the way service is provided to Forest Lake Township.  If such changes can be reasonably implemented by Silver Lake Township Police Department consistent with the way such services are provided to Silver Lake, Silver Lake will use its best efforts to make such changes in the nature or kind of services or in the manner in which such services are being provided.

RENEWAL OF CONTRACT

            10.0 The parties shall confer not less than ninety (90) days before the expiration of the term of this Agreement (December 31, 2012) on the extension or renewal of the police services being provided by Silver Lake to Forest Lake on such terms, conditions  and at such charges as may be agreeable to both parties.  In the event the parties are unable to reach an agreement, Forest Lake shall provide written notice to Silver Lake Township of its intention not to extend or renew its contract for police services in which event Silver Lake shall cease providing such services on and after December 31, 2012.  Provided, however, that if Forest Lake Township elects not to renew or extend its contract for police services with Silver Lake, then and in that event, Forest Lake will pay a cancellation fee as liquidated damages in the sum of One Thousand Dollars ($1,000.00) to Silver Lake to defray any potential costs to Silver Lake of any court time to be expended by the Silver Lake Township Police Department with respect to any arrests made or citations issued prior to December 31, 2012 but not scheduled to be heard or disposed of until after that date; costs of on-going investigations which may lead to arrests after December 31, 2012; administrative expenses and other costs necessary to winding up cases and services in Forest Lake after said cancellation date, and the like. Such payment shall be made by Forest Lake to Silver Lake on or before December 1, 2012.

MISCELLANEOUS

            11.0     Complete Agreement.  This agreement constitutes the complete agreement between the parties.

            11.1.    Force Majeure.  Silver Lake is relieved of its obligations under this agreement for events outside of its control, which make it impossible to provide police services to Forest Lake.  Such events include but are not limited to acts of God, natural disasters, civil insurrection or war.  Silver Lake agrees that it will provide to Forest Lake Township even during such events the same level of police services as are then being provided to Silver Lake.

            11.2.    Assignment of Obligation or Rights.  Neither party may assign any part of this agreement to a third party without written consent of the other party.

            11.3.    Notices.  All notice or demands required to be given shall be in writing and either delivered by hand or sent by first-class mail, postage prepaid, through the United States postal system, addressed to the party to be affected as follows:

            As to Silver Lake Township:  Sandra Payne
            With a copy to:           Silver Lake Township Police Chief,
                                                Timothy Burgh
            As to Forest Lake Township: Art Donato

            11.4.    Amendment.   This agreement may be amended only by written agreement between the parties.

            11.5     Execution and Counterparts.  This contract may be executed in several counterparts, each of which shall be an original and which shall constitute one in the same instrument.

            11.6     Captions.  The captions/headings in this contract are for convenience only and in no way define, limit or describe the scope of intent of any provisions in this agreement.

            11.7     Liaison.   During the term of this agreement, Silver Lake and Forest Lake will agree upon a supervisor from each respective municipality to act as liaison between the two municipalities and to the Silver Lake Police Department.

            11.8    Cancellation or renegotiation.  In the event that the Silver Lake Township Police Department is required by the Commonwealth of Pennsylvania to provide around the clock twenty-four hour police services, then and in such event, the parties shall attempt to renegotiate this contract for police services, including the contract payments, and in the event they shall fail to reach an accord, this contract shall be deemed null and void.

            11.9   Dissolution of Department. This Contract shall be deemed null and void in the event of the dissolution of the Silver Lake Township Police Department without adequate provision for a successor entity.

                                                                        Silver Lake Township

Dated:________________                             By:________________________

 

 

                                                                        Forest Lake Township

Dated: ________________                            By: ________________________