[Adopted 12-28-2016 by Ord. No. 2255]
A. 
Services. The municipalities agree that the Commission shall be established and that the Commission shall assume the responsibilities and functions of the individual municipalities for the operation and management of the District to include providing the following services, either directly or through third-party contractors: firefighting services; rescue services; and ambulance emergency and transport services. The fire protection and emergency services provided shall include education; fire prevention programs; fire extinguisher inspections; residential rental unit inspections; commercial, business, industrial and school inspection services; standby ambulance service at public events; fire police; and SCUBA water rescue services.
B. 
Authority. The Commission shall have the authority and power to raise and expend funds for the purpose of providing its services, specifically, the authority to engage in fundraising activities and acquire supplies, vehicles and major equipment. The individual municipalities will retain power to enact fire codes and regulations but hereby empower to the Commission the responsibility for the enforcement of same, including but not limited to fire inspections.
The municipalities agree to establish the Commission effective on the date that the governing bodies for all the municipalities have adopted and approved this agreement by ordinance, and authorize the proper municipal officials to execute the same to govern and operate the District; provided that the Commission will commence the provision of Services on January 1, 2018. The Commission will deliver the services set forth in § 52-9A above for an initial term of seven years commencing on January 1, 2018. Neither municipality shall withdraw from the Commission within the initial seven-year term. If either municipality desires to withdraw from the Commission at the end of the initial seven-year term, it shall provide written notice of such intention no later than the date 12 months prior to the end of the initial term of this agreement, and the Commission shall be dissolved in accordance with the provisions of § 52-17 below. Upon dissolution, the Commission shall return to the withdrawing municipality property in proportion to the property contributed at the creation of the commission.
The fiscal year of the Commission shall be the calendar year. The municipalities agree to supply the necessary resources, funding and personnel to effectively maintain the functions of the District and to assist the Commission in carrying out its duties and responsibilities under this agreement to better serve the residents of each of the respective municipalities.
A. 
Start-up period. Initial start-up costs of the Commission shall be shared equally by the municipalities. The Commission shall periodically invoice the municipalities during the start-up period for costs and expenses incurred or anticipated and the municipalities shall promptly remit payment.
B. 
Fiscal year 2018. The costs and expenses of the Commission shall be shared equally by the municipalities in accordance with the budget for fiscal year 2018, attached hereto and incorporated herein and marked "Exhibit A."[1]
[1]
Editor's Note: Said exhibit is on file in the Borough offices.
C. 
Budget. On or before October 1 of each fiscal year of the Commission, the Commission shall submit a draft budget for the following fiscal year to each of the municipalities. Each municipality shall approve or reject the draft budget prior to December 1 of the then current fiscal year. If approved by each of the municipalities, the Commission shall adopt the budget; if rejected by one or more of the municipalities, the Commission shall operate in accordance with its then current budget with adjustments for personnel costs and expenses (including health insurance) as reflected in the Commission's collective bargaining agreement and for any new debt service.
D. 
Ongoing funding. Beginning with fiscal year 2018, the municipalities shall contribute financial funding for the operation of the District, each bearing 50% of such costs and expenses. Each municipality will make a quarterly payment to the Commission with payment dates being January 2, April 1, July 1 and October 1. The Commission will maintain an operational fund and a capital fund. The operational fund budget will include a transfer to the capital fund.
The physical assets of the fire departments of each of the municipalities will be transferred to the Commission prior to January 1, 2018.
A. 
Hanover Borough contribution. The following constitutes the capital contribution of Hanover Borough: The Wirt Park Fire Station, 201 North Franklin Street, Hanover, Pennsylvania 17331; The Clearview Fire Station, 411 North George Street, Hanover, Pennsylvania 17331; miscellaneous furnishings and equipment and the following fire vehicles:
2011
KME Engine
2003
KME Engine
2001
KME Engine
2015
Sutphen Aerial
2011
Ford Expedition
2012
Chevy P/U Utility
B. 
Penn Township contribution. The following constitutes the capital contribution of Penn Township: The station located at 204 Clover Lane, Hanover, PA 17331; miscellaneous furnishings and equipment and the following fire vehicles:
2004
Sutphen Engine
2008
Sutphen Engine
2001
E-One Aerial
2011
Ford Expedition
2002
Chevy Tahoe
C. 
On January 1, 2018, the Commission will assume any and all debt associated with any of the physical assets contributed to the Commission by the municipalities.
A. 
The Commission shall consist of seven voting members and three nonvoting members selected as follows:
(1) 
Volunteer representatives. Two members shall be selected by the volunteer fire company or companies serving the District. The term of these members shall be for one year, but the same members can be reappointed yearly by the volunteer fire company or companies.
(2) 
Municipal representatives. Each municipality shall select from its respective governing council or commission two members to serve as members of the Commission. These members will serve two-year terms, provided that in the initial year, one member appointed by each municipality shall have an initial term of one year.
(3) 
Member at large. One member shall be a resident and/or local business owner appointed at large by the six appointed Commission members. The member at large of the Commission shall not be an elected official of the municipalities. The representative shall serve for three years.
(4) 
Nonvoting members. The three nonvoting members of the Commission shall be the appointed Fire Chief, or designee, and the appointed Manager of each municipality, or his or her appointed designee.
B. 
There shall be no term limits for any member of the Commission. No paid employee of the Commission shall be eligible to serve as a voting member of the Commission. Members of the Commission shall serve without pay. The Commission shall select one of its members as Chairman and one of its members as Vice Chairman. The Commission shall also select a Secretary who may be a member of the Commission or a nonmember. In the event that the Secretary is a nonmember of the Commission, the Secretary may receive compensation as determined by the Commission. Each voting member of the Commission shall have one vote. Each member (other than the member at large) shall serve as a representative of the entity appointing that member and as a representative of that entity shall report on the actions of the Commission to the governing body of the appointing entity. A copy of the initial bylaws of the Commission is attached hereto, incorporated herein and marked "Exhibit B."[1]
[1]
Editor's Note: Said exhibit is on file in the Borough offices.
The Commission shall hire a full-time employee to be known as the "Fire Chief" who shall be the chief operating officer of the Fire District and who shall serve under the direction and supervision of the Commission. The Fire Chief shall serve as an ex officio member of the Commission but with no voting rights. The Fire Chief shall appoint assistant/deputy chiefs/administrative assistant subject to the approval of the Commission. The Commission shall designate rank and job descriptions to all positions created by the Commission. All paid firefighters of the municipalities on December 31, 2017, shall become employees of the Commission on January 1, 2018.
Current firefighters employed be each of the municipalities are covered under collective bargaining agreements. Effective January 1, 2018, the collective bargaining unit will be recertified to represent the firefighters then employed by the Commission.
Effective January 1, 2018, the Commission will expand the scope of the District in accordance with an agreement with Penn Township Volunteer Emergency Services, the Eagle Volunteer Fire Department, the Clearview Volunteer Fire Department and the Penn Township Fire Police to incorporate each of their operations into the Commission. Thereafter, the Commission may enter into agreements with additional municipalities or volunteer fire companies to further expand the Commission. Additional members may be added to the Commission after approval by the joining municipality by ordinance or resolution, agreeing to the terms and conditions of the Commission and by contribution all of its fire suppression assets to the commission, and a payment of an amount equal to what its proportional share the operational budget would have been if it had been a member at the beginning of the fiscal year reduced by the percentage of the fiscal year that has expired on the date the municipality becomes a member of the Commission. The joining municipality's yearly contribution will be calculated the same as all other members with the adoption of the next fiscal budget.
The municipalities agree that, in the event of the dissolution of this agreement, by agreement of all the members of the Commission at the time of dissolution; or the cession of operation of the District; or the withdrawal from the Commission of one of the municipalities, all property, equipment and assets of any kind belonging to the Commission shall become the property of the municipalities in proportion to their respective contributions to the Commission. Such proportionate share is to be determined at the time of the dissolution of the agreement and shall be in the same proportion as the withdrawing municipality's capital contribution.
A. 
Immunity. The services performed and the expenditures incurred under this agreement shall be deemed for public and governmental purposes, and all immunities from liabilities enjoyed by the municipalities within their boundaries shall extend to their participation in services outside their boundaries and within the District.
B. 
Insurance. The Commission shall maintain liability insurance coverage against claims arising out of its activities in amounts deemed adequate by the Commission. Each municipality and the Commission agree to cause any insurance policy providing liability coverage against claims arising out of the Commission's activities, whether within or outside its municipal boundaries, to contain a waiver of subrogation clause or endorsement under which the insurance company waives its right of subrogation against any municipality as to any and all causes of action or claims against all other municipalities hereto which may arise out of activities hereunder. The Commission shall be a named insured under such policies, and a certificate evidencing such coverage shall be supplied to the municipalities annually. The municipalities shall be named as additional insureds under such policies.
C. 
Apportionment. For purposes of liability, in actions arising out of regional fire services, to the extent any such claims are not covered by liability insurance, each municipality shall be liable in the same proportion as it is for the funding assessment during the period the services in question were rendered.
The agreement shall become effective on the date that the governing body for all of the municipalities has adopted and approved the agreement by ordinance, and authorizes the proper municipal officials to execute the same. The implementation of the District shall proceed on the following timetable:
A. 
The municipalities shall approve the agreement by ordinance, execute this agreement, and cause the name, "Hanover Area Fire and Rescue Commission" to be filed with the Pennsylvania Department of State.
B. 
The Commission shall begin operations on the date that both of the municipalities shall have approved and executed this agreement, provided that the District shall be fully operational and provide the services contemplated in this agreement on January 1, 2018.