[Adopted 4-1-2019 by Ord.
No. 2019-1]
This article shall be known as the "Derry/Burnham Fire Prevention
and Fire Protection Services Cooperation Agreement," and may be cited
as such.
This article is ordained and enacted pursuant to the power of the Board of Supervisors to make and adopt ordinances necessary for the proper management, care and control of the Township and the maintenance of peace, good government, health and welfare of the Township and its citizens per Section 1506, General Powers, of the Second Class Township Code, as amended (53 P.S. 66506, as amended), to make agreements with other local governments as per Section 1507, Intergovernmental Cooperation, of the Second Class Township Code, as amended, (53 P.S. Section 66507, as amended), per the Constitution of the Commonwealth of Pennsylvania, Article IX, Section 5, per the Intergovernmental Cooperation Act, 53 Pa.C.S.A. § 2301 et seq., as amended, and otherwise per law.
The Township of Derry hereby approves the form and content of
that "Cooperation Agreement in Relation to the Provision of Fire Prevention
and Fire Protection Services," by and between the Township of Derry
and the Borough of Burnham, political subdivisions in the Commonwealth
of Pennsylvania (the "municipalities"), and joined in by the Burnham
Fire Company, the authorized fire company in the Borough of Burnham,
and the East Derry Volunteer Fire Company, the Highland Park Hose
Company, and the Yeagertown Volunteer Fire Company, Inc., the authorized
volunteer fire companies within the Township of Derry, Pennsylvania
(the "fire companies"), all being political subdivisions and authorized
fire companies, as applicable, which cooperation agreement is proposed
to be made and executed by the municipalities and the fire companies
(collectively the "parties" to the agreement).
The cooperation agreement in relation to the provision of fire
prevention and fire protection services between the municipalities
and the fire companies is incorporated in and made a part hereof and
shall be substantially in the form attached hereto, and incorporated
herein as Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Township
offices.
As required by § 2307 (53 Pa.C.S.A. § 2307)
of the said Pennsylvania Intergovernmental Cooperation law, as amended,
the summary and substance of the agreement is as follows:
A.
The municipalities and the fire companies desire and agree to share
resources and equipment to provide flexibility in the provision of
fire prevention and protection services;
B.
A voluntary duty crew of personnel and the sharing of equipment will
be established;
C.
The Fire Chiefs, or the authorized designees, of the respective fire
companies shall cooperate and establish a list of personnel and firefighting
equipment;
D.
A written standard operation procedure setting forth procedures for
the establishment of the voluntary duty crew and procedures for the
use and operation of the equipment to be cooperatively utilized, including
at all times an authorized driver of any fire engines or firefighting
vehicles, shall be developed by the Fire Chiefs, or the authorized
designees, of the respective fire companies;
E.
Provides for utilization of the "home" municipalities' workers'
compensation insurance;
F.
Provides that otherwise it shall be the respective parties'
responsibility to obtain or to assure liability insurance and other
insurances for the respective party and for the personnel and the
equipment of the respective fire companies/fire departments;
G.
Defines an aid- or mutual-aid-requested response;
H.
Also agrees to share personnel and equipment for drills, training,
etc.;
I.
No reimbursement shall be required between the municipalities and
the fire companies unless agreed in writing, and each party will hold
the other harmless for third-party claims caused solely by one of
the respective and its personnel;
J.
Regardless, the agreement does not interfere or prohibit any municipalities
or fire companies from submitting bills for costs and expenses or
any other reimbursements that are permitted to any state, county,
federal government, agency, nonsignatory municipalities, or agencies,
insurance carriers, or self-insured corporations;
K.
The agreement becomes enforceable and becomes binding upon the adoption
of ordinances by the municipalities and by resolutions of the fire
companies;
L.
Requires at least 90 days' written notice by a party to all
the remaining parties to withdraw;
M.
Sole jurisdiction for the interpretation or enforcement of this agreement
shall be in the Courts of the Commonwealth of Pennsylvania and, specifically,
in the Court of Common Pleas of Mifflin County, Pennsylvania;
N.
The agreement does not supersede or adversely change any statutory
or common law powers, responsibilities;
O.
It is not the intent hereof to create a separate legal entity;
P.
Unless addressed in the agreement to the contrary, each party shall
be responsible for its own actions, personnel and equipment;
Q.
The agreement cannot be modified or altered by oral agreements;
R.
The laws of the Commonwealth of Pennsylvania shall govern the interpretation
of the agreement; and
S.
The agreement is as otherwise adopted by ordinance.
