[Adopted 11-19-2014 by Ord. No. 7-2014]
The above recitals are hereby incorporated herein and made part
hereof.[1]
[1]
Editor's Note: The recitals read as follows:
"WHEREAS, the Township of Hanover, Luzerne County, a first-class
Township, Newport Township, Luzerne County, a second-class Township,
and the City of Nanticoke (hereinafter referred to as "the parties")
are all municipal corporations existing under the laws of the Commonwealth
of Pennsylvania and collectively referred to as "the parties" or "municipalities";
and
"WHEREAS, the parties desire to collectively associate themselves
together in and by virtue of this agreement to provide reciprocal
assistance and more-effective special fire police services and for
the purpose of increasing emergency response protection and additional
resources for the benefit and general welfare of the citizens of their
respective municipalities; and
"WHEREAS, the jurisdictional boundaries of each party are
so located as to enable each party to promptly render mutual aid to
the other; and
"WHEREAS, each party owns and maintains equipment for supplying
special fire police services; and
"WHEREAS, each party may, at times, need assistance of the
other parties to adequately provide supplemental special fire police
service equipment and/or personnel, and each party having the necessary
equipment and/or personnel to provide the other parties such services
as required in the event of an emergency; and
"WHEREAS, the parties enter into this agreement pursuant to Article IX, Section 5, of the Pennsylvania Constitution and other applicable laws of this commonwealth.
The above-named municipalities agree to allow their respective
Fire Departments to provide special fire police services in the form
of assistance to each other in accordance with the terms and conditions
set forth herein, including equipment and/or personnel for said purpose
when requested to do so by a party who may be in need of such service.
A.
Request for assistance. The commanding officer of the Fire Department
or the officer in charge at the scene of an emergency is hereby authorized
to request assistance from the other said municipalities when confronted
with an emergency situation requiring additional or supplemental special
fire police equipment and/or personnel.
B.
Procedure: response to request. Upon receipt of a party's request
for assistance, the commanding officer of the party receiving the
request shall immediately take the following actions:
(1)
Determine if the responding party has equipment and/or personnel
available to respond and determine the nature of the equipment and
the number of personnel available. In the event the needed equipment
is not available, immediately notify the requesting party.
(2)
Determine what available equipment and which available personnel
should be dispatched in accordance with the operating plan and procedures
established by the parties without impairing the capacity to provide
these services within its own jurisdiction. It is the responsibility
of the Chief of the Fire Department of the responding party to assure
all personnel responding are responsible persons, and their conduct
and actions shall be the responsibility of the party sending assistance.
(3)
No party is obligated to dispatch equipment and/or personnel, but
every effort should be made to furnish such assistance so long as
it does not present a serious impairment of their own capacity.
(4)
If the needed equipment and/or personnel are available, dispatch
such equipment and personnel to the scene of the emergency with proper
operating instructions.
(5)
Responding personnel must meet the minimum standards established
by their jurisdiction.
(6)
The senior officer from the responding party shall report to and
be under the direction of the requesting party's commanding officer
on scene.
The commanding officer of the party to which the response is
made shall be in command of the operation under which the equipment
and/or personnel sent by the responding party shall serve. All orders
or directions regarding the operations of the requesting party shall
be relayed to the officer in charge of the responding party.
All equipment and/or personnel from the responding party shall
be released by command as soon as conditions warrant and they are
no longer needed or when their services are needed in their own jurisdiction.
A.
Insurance waiver of claims. Each of the aforementioned municipalities
shall maintain adequate insurance coverage, with a minimum general
liability coverage of $1,000,000, against claims arising out of the
activities of its respective personnel in its neighboring communities,
those communities being the municipalities named herein. The respective
municipalities shall be named as additional insureds on all liability
insurance policies relevant to the activities of their respective
personnel in the neighboring jurisdictions. The municipality hereby
waives any and all claims and causes of action against all other parties
to this agreement that may arise out of their activities pursuant
to this agreement. Said insurance policy providing liability coverage
against claims arising out of such activities undertaken by the personnel
covered by this agreement shall contain a waiver of subrogation clause
against each existing party to this agreement to any and all causes
of action or claims that may arise out of such activities hereunder.
Each party agrees to maintain sufficient insurance coverage for its
own equipment and personnel, including workers' compensation insurance.
B.
Immunity. Fire police services performed under this cooperation agreement
shall be deemed for public and governmental purposes, and all immunities
from liability enjoyed by each municipality within its boundaries
shall extend to its participation in fire police service outside its
boundaries.
A.
Compensation. Each party agrees that it will not seek compensation
for any services rendered under this agreement.
B.
Jurisdiction, authority, rights, privileges and immunities (including
workers' compensation). Under this agreement, these shall be extended
to all areas in and between the respective communities covered by
this agreement when said personnel are acting within the scope of
their authority conferred by this agreement.
C.
Pre-emergency planning. The commanding officers of the parties shall,
from time to time, mutually establish pre-emergency plans which shall
indicate the types and locations of potential problem areas where
emergency assistance may be needed, the type of equipment that should
be dispatched under various scenarios, and the number of personnel
that should be dispatched under such circumstances. Such plans shall
take into consideration and ensure the proper protection by the responding
parties of their own area.
D.
Nonexclusive agreement. The parties to this agreement shall not be
precluded from entering into similar agreements with other municipalities.
E.
Termination. This agreement may be terminated by any party with 30
days' prior notice of termination in writing.
F.
Special provisions. When responding to calls in Hanover Township,
special fire police officers should not activate visual (red and/or
blue lights) or audible alerts within the borders of Hanover Township
except within the last few blocks of the incident as an aid to get
situated in order to secure the scene. The above language is also
applicable to the City of Nanticoke.
G.
Adoption. Each municipality shall advertise and adopt an ordinance
authorizing acceptance and adoption of this agreement and each party
providing for all action necessary for participation in this comprehensive
agreement.
H.
Governing law.
(1)
This agreement shall be governed by and construed under the laws
of the Commonwealth of Pennsylvania.
(2)
In the event any of the provisions of this agreement is held by a
court of competent jurisdiction to be invalid or unenforceable, such
invalidity or unenforceability shall not affect any other provisions
of this agreement, and this agreement shall be construed as if the
invalid or unenforceable provisions had not been included.
