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File #: 2015-2325    Version: 1
Type: Resolution Status: Passed Finally
File created: 12/4/2015 In control: Committee on Public Safety Services
On agenda: 12/8/2015 Final action: 12/21/2015
Enactment date: 12/21/2015 Enactment #: 839
Effective date: 12/28/2015    
Title: Resolution authorizing the City of Pittsburgh ("City") to enter into an Intergovernmental Cooperation Agreement with the Borough of Wilkinsburg ("Borough") with regard to the City providing fire and emergency management services to the Borough pursuant to the General Local Government Code, 53 Pa. C.S. ??2301 et seq. and the Emergency Management Services Code, 35 Pa. C.S. ??7501 et seq.
Indexes: COOPERATION AGREEMENT/S

Title

Resolution authorizing the City of Pittsburgh (“City”) to enter into an Intergovernmental Cooperation Agreement with the Borough of Wilkinsburg (“Borough”) with regard to the City providing fire and emergency management services to the Borough pursuant to the General Local Government Code, 53 Pa. C.S. §§2301 et seq. and the  Emergency Management Services Code, 35 Pa. C.S. §§7501 et seq.

 

Body

WHEREAS, the City and Borough previously entered, pursuant to Resolution No. 227 of 2011, into an Intergovernmental Cooperation Agreement with the Borough of Wilkinsburg with regard to fire and emergency management services; and

 

WHEREAS, the current Intergovernmental Cooperation Agreement between the City and Borough is set to expire at the end of 2015; and

 

WHEREAS, the City and Borough seek to continue their cooperative arrangement by entering into a new Intergovernmental Cooperation Agreement or Agreements with regard to fire and emergency management services for a new five-term commencing on or about January 1, 2016 and ending on or about December 31, 2020 with an option to renew for additional five-year terms. The cost estimate of such future additional five-year terms shall be predicated on wages and benefits currently provided under the current labor agreement between the City and its firefighters’ union (i.e. IAFF Local 1). To the extent any future labor agreements between CITY and the Union provide for an increase in wages or benefits to members of the Union, the Cost of Service shall be increased accordingly; and

 

WHEREAS, in conjunction with said Intergovernmental Cooperation Agreement or Agreements the parties must each, pursuant to the General Local Government Code, 53 Pa. C.S. §2305, and the Emergency Management Services Code, 35 Pa. C.S. §7503, enact an ordinance authorizing such intergovernmental cooperation.

 

Be it resolved by the Council of the City of Pittsburgh hereby enacts as follows:

 

Section 1 - TITLE

This Ordinance shall be known as the “City of Pittsburgh/Borough of Wilkinsburg Regional Emergency Management Agency Ordinance”.

Section 2 - PARTIES AND PURPOSE

The City of Pittsburgh hereby resolves to enter into an Intergovernmental Cooperation Agreement or Agreements with the Borough of Wilkinsburg for providing fire and emergency management services to the Borough. The parties hereby agree that their forthcoming joint disaster emergency management plan will, pursuant to the Pennsylvania Emergency Management Services Code, 35 Pa. C.S. §7503(1), serve as the disaster emergency management plan for both the City and the Borough. Said Agreement or Agreements shall be for a term of five years, commencing on or about January 1, 2016 and ending on or about December 31, 2020, with an option to renew for additional five-year terms. The cost estimate of such future additional five-year terms shall be predicated on wages and benefits currently provided under the current labor agreement between the City and its firefighters’ union (i.e. IAFF Local 1). To the extent any future labor agreements between CITY and the Union provide for an increase in wages or benefits to members of the Union, the Cost of Service shall be increased accordingly.

Section 3 - CONDITIONS OF AGREEMENT

The conditions of the Intergovernmental Cooperation Agreement or Agreements to be entered into by the City and Borough with respect to fire protection and emergency management services are as follows:

A.                     The parties agree that they shall adopt and declare the joint disaster emergency                      management plan to be the disaster emergency management plan for both the City and                      the Borough for the purpose of fulfilling the requirement in Section 7503(1) of the                      Emergency Management Services Code to prepare, maintain and keep current a disaster                      emergency management plan for each of their municipalities with regard to fire                      protection emergency management services.

B.                     The joint Emergency Management Coordinator appointed by the Governor in accordance                      with Section 7502 of the Emergency Management Services Code shall annually review                      the joint disaster emergency management plan and recommend changes, improvements                      or additional information to the plan in order to ensure that the plan adequately addresses                      the public safety and welfare needs of both City and Borough residents.

C.                     As applicable and pursuant to the General Local Government Code, 53 P.S. §2307(7),                      both the City and Borough shall be empowered to enter into contracts for policies of                      group insurance and employee benefits, including Social Security, for its employees.

D.                     Pursuant to 53 P.S. §2307(4), and in consideration of the services that must be financed                      pursuant to this Agreement, the Borough shall pay the City a fixed amount on a quarterly                      basis per the schedule attached to the parties’ Intergovernmental Cooperation Agreement.                      The parties’ good faith estimate of these costs to be reimbursed by the Borough to the                      City shall be approximately EIGHT MILLION SIX HUNDRED THIRTY-FIVE                      THOUSAND and TWO HUNDRED TWENTY-EIGHT dollars and no cents                      ($8,635,228.00). Revenue will be posted to JDE Account 107000.43157.

 

Section 4 - REPEAL OF INCONSISTENT RESOLUTIONS AND ORDINANCES

All resolutions and ordinances or portions thereof that are inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 5 - INVALIDITY

The provisions of this Ordinance are severable and any invalidity of any part of this Ordinance shall not affect the validity of the remaining provisions thereof.

Section 6 - REGISTRATION WITH ALLEGHENY COUNTY

A copy of this Ordinance shall be filed with the Allegheny County Department of Emergency Services and shall remain in effect unless amended. Any amendments hereto shall also be filed with the Allegheny County Emergency Management Coordinator.

Section 7 - EFFECTIVE DATE

This Ordinance shall become effective upon enactment by the Council of the City of Pittsburgh.

Section 8 - SOLICITOR APPROVAL REQUIRED

Said Intergovernmental Cooperation Agreement(s) shall be in a form approved by the City Solicitor.