Public Notices http://pa.mypublicnotices.com/publicnotice.asp?page=publicnoticeprint&adid=4750387 Page 1 of 1 11/21/2018 LEGAL NOTICES Public Notice On Tuesday, December 11, 2018, at 7:00 P.M. prevailing time, at the East Bradford Township Building, 666 Copeland School Road, West Chester, Pennsylvania, the Board of Supervisors of East Bradford Township will hold a public hearing to consider and thereafter during its regular public meeting act upon an ordinance titled: AN ORDINANCE OF EAST BRADFORD TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA, AMENDING THE CODE OF EAST BRADFORD TOWNSHIP, AT CHAPTER A122, â œpolice COOPERATION AGREEMENTSâ, RELATING TO THE POLICE COOPERATION AGREEMENT WITH THE BOROUGH OF WEST CHESTER. Section 1 authorizes East Bradford Township to enter into a police cooperation agreement with the Borough of West Chester and incorporates its terms; Section 2 amends  A122-2 which sets for the fees and expenses the Township shall pay to the Borough, the duration of the Agreement, ratifies and affirms the Agreement of 2013, provides for cost adjustments and termination provisions, and states that no new entity will be created; Section 3 provides for severability; Section 4 repeals all ordinances or parts of ordinance conflicting or inconsistent herewith; Section 5 provides for renumbering of the Article and Sections, if necessary; Section 6 provides for an effective date. Complete copies of the ordinance may be examined at the East Bradford Township Building, 666 Copeland School Road, West Chester, Monday through Friday, 8:30 A.M. to 4:30 P.M.; and at the Daily Local News, 250 North Bradford Avenue, West Chester. If any person who wishes to attend the hearing has a disability and/or requires an auxiliary aid, service or other accommodation to observe or participate in the proceedings, he or she should contact the Township Manager at 610-436- 5108, to discuss how those needs may be accommodated. Unruh, Turner, Burke & Frees, Solicitor DL-Nov 21-1a Appeared in: Daily Local News on Wednesday, 11/21/2018 Back
ORDINANCE NO. - 2018 TOWNSHIP OF EAST BRADFORD CHESTER COUNTY, PENNSYLVANIA AN ORDINANCE OF EAST BRADFORD TOWNSHIP, CHESTER COUNTY, PENNSYLVANIA, AMENDING THE CODE OF EAST BRADFORD TOWNSHIP, AT CHAPTER A122, "POLICE COOPERATION AGREEMENTS", RELATING TO THE POLICE COOPERATION AGREEMENT WITH THE BOROUGH OF WEST CHESTER. BE IT ENACTED AND ORDAINED, by authority of the Board of Supervisors of East Bradford Township that the Code of East Bradford Township, Chapter A122, "Police Cooperation Agreements", is amended to include the Extension of Police Cooperation Agreement between the Borough of West Chester and East Bradford Township for the period of January 1, 2019 through December 31, 2019: Section 1. Section A122-1 shall be amended to read as follows: A122-1 Authorization. East Bradford Township entered into a police cooperation agreement with the Borough of West Chester for the period from January 1, 2013 through December 31, 2017, which was adopted as Ordinance 3-2012, a copy of which is attached hereto, made a part hereof and marked as Exhibit A (the 2013 Agreement ). East Bradford Township by Ordinance - extended the term of the 2013 Agreement by one year ( First Extension Agreement ). The Board of Supervisors desires to extend the 2013 Agreement, as extended by the First Extension Agreement, for a period of one year ( Second Extension Agreement ). The Second Extension Agreement amends sections of the 2013 Agreement regarding Fees and Expenses and Term and ratifies and affirms all other terms and conditions of the 2013 Agreement. The Chairman of the Board of Supervisors is hereby authorized to enter into the Extension of Police Cooperation Agreement between the Borough of West Chester and East Bradford Township for the period from January 1, 2019 through December 31, 2019 in accordance with the terms and conditions authorized by this Ordinance and set forth in the Extension Agreement which is attached hereto, made a part hereof and marked as Exhibit "B". Furthermore, the appropriate officers of the Township are hereby authorized to do whatever is necessary and appropriate to carry out the provisions of the Second Extension Agreement and this Ordinance and to comply with the purposes and intent of the Second Extension Agreement and this Ordinance. Section 2. Section A122-2 shall be amended to read as follows: A122-2. Summary of the Second Extension Agreement. In accordance with the Intergovernmental Cooperation Act of 1972, as amended (53 Pa. C.S.
2301, et seq., as amended, and specifically 2307 thereof), the following is recited: A. Fees and expenses. The Township shall pay to the Borough the following fees at the following times for police and administrative services provided by the Borough to the Township: the sum of One Million Three Hundred Fifty-Seven Thousand Three Hundred and Forty-Nine Dollars ($1,357,349.00) which shall be paid in four equal installments of Three Hundred Thirty-Nine Thousand Three Hundred Thirty-Seven Dollars and 35/100 ($339,337.35) on January 1, 2019, April 1, 2019, July 1, 2019 and October 1, 2019. The annual operating fee includes Fifty One Thousand Five Hundred Dollars ($51,500) which will be applied to partially finance the capital purchase of police vehicles and other capital equipment. B. Term. All terms, conditions, duties, responsibilities, promises and provisions of the 2013 Agreement shall be extended and continue, as though unchanged and unexpired, unless other specified in the Extension Agreement for a one year term commencing January 1, 2019 and terminating on December 31, 2019. C. Other provisions. The Extension Agreement ratifies and affirms the other provisions of the 2013 Agreement. For information regarding services and personnel provided, amendment to the agreement, termination of agreement, manner in which real and personal property shall be managed and disposed of, manner and extent of financing the Agreement, policy decisions of the Township, arbitration, use of the Township building, entire agreement, and interpretation of the agreement, please see the 2013 Agreement. D. The Extension Agreement provides for a cost adjustment mechanism, and termination provisions, in the event of a changes to a Borough collective bargaining agreement with its police union. E. No new entity is created by the Extension Agreement. Section 3. Severability. If any sentence, clause, section or part of this Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of Council of the Borough of West Chester that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included therein. Section 4. Repealer. All Ordinances or parts of Ordinances conflicting with any provision of this Ordinance are hereby repealed insofar as the same effects this Ordinance. Section 5. Renumbering. The location and numerical designation of this Article and the Sections included herein shall be delegated to the discretion of the General Code Publishers which may renumber this Article and Sections as are necessary to accommodate this new Article. Section 6. Effective Date. This Ordinance shall become effective upon enactment as provided by law. 2
ENACTED AND ORDAINED THIS DAY OF, 2018. ATTEST: EAST BRADFORD TOWNSHIP BY: Vincent Pompo, Chairman APPROVED THIS DAY OF, 2018. 3
EXTENSION OF POLICE COOPERATION AGREEMENT BETWEEN THE BOROUGH OF WEST CHESTER AND EAST BRADFORD TOWNSHIP THIS EXTENSION AGREEMENT ( Extension ) is made by and between the BOROUGH OF WEST CHESTER, a Home Rule municipality, with its principal office located at 401 East Gay Street, West Chester, Pennsylvania 19380 (the Borough ) and the TOWNSHIP OF EAST BRADFORD, Chester County, Pennsylvania, a political subdivision of the Commonwealth of Pennsylvania, being a Township of the Second Class, with its principal office located at 666 Copeland School Road, West Chester, Pennsylvania 19380 (the Township ). WITNESSETH: WHEREAS, consistent with ordinances enacted by both the Borough and the Township pursuant to the Intergovernmental Cooperation Act, 53 Pa. C.S. 2305, the Borough and the Township entered into a Police Cooperation Agreement (the Agreement ) for a five year term commencing January 1, 2013 and terminating December 31, 2017 for the purpose of providing police protection to the Township; and WHEREAS, the parties had agreed to extend the term of the Agreement for one year commencing January 1, 2018 and terminating on December 31, 2018 consistent with the terms of an Extension that the parties approved in December of 2017; WHEREAS, the parties have agreed to extend the term of the Agreement for another year commencing January 1, 2019 and terminating on December 31, 2019 consistent with the terms of this Extension; NOW, THEREFORE, the parties hereto, for and in consideration of the mutual promises each made to the other within the Agreement, and intending to be legally bound thereby, agree as follows: 1. EXTENSION OF AGREEMENT. All terms, conditions, duties, responsibilities, promises and provisions of the Agreement shall be extended and continue, as though unchanged and unexpired, unless other specified herein (below) for a one year term commencing January 1, 2019 and terminating on December 31, 2019. 2. FEES AND EXPENSES. A. The Township shall pay to the Borough the following fees at the following times for police and administrative services provided by the Borough to the Township: the sum of One Million Three Hundred Fifty-Seven Thousand Three Hundred and Forty-Nine Dollars ($1,357,349.00) which shall be paid in four equal installments of Three Hundred Thirty-Nine Thousand Three Hundred Thirty-Seven Dollars and 35/100 ($339,337.35) on January 1, 2019,
April 1, 2019, July 1, 2019 and October 1, 2019. The annual operating fee includes Fifty-One Thousand Five Hundred Dollars ($51,500.00) which will be applied to partially finance the capital purchase of police vehicles and other capital equipment. B. The parties recognize that the Borough is in the process of negotiations with the Brotherhood of West Chester Police, the collective bargaining unit for the West Chester Police Department (the Brotherhood ) to enter a new collective bargaining agreement. The Borough has not been able to reach agreement with the Brotherhood and an arbitration hearing has been scheduled for January 2019. The Borough anticipates that the cost of providing police services to the Township may be modified as a result of the arbitrator s decision. The parties agree that they will meet within 30 days of the date of a final, unappealable and unappealed-from arbitration decision to discuss what additional costs, if any, the Borough will incur in providing the police services to the Township pursuant to this Extension based on the arbitrator s decision. The Borough shall present calculations and supporting documents to support any proposed cost increase and the parties shall prepare an amendment to this Extension to memorialize any change that may be needed to the fees and expenses that the Township must pay to the Borough for the police protection services based on the arbitrator s decision. If the parties cannot agree on the fees and expenses that the Township must pay to the Borough as a result of the arbitration decision, they agree to submit such dispute to an arbitration proceeding before a three-member panel of arbitrators. Each of the parties shall select one such arbitrator within 10 days of notification by the other of a dispute and the arbitrators so selected shall choose the third within 10 days after their appointment. The decision of the majority of the arbitrators shall be final and conclusive. Notwithstanding the arbitration mechanism described herein, if the parties cannot agree on the additional fees and expenses that the Township must pay to the Borough as a result of the arbitration decision, the Township may choose, in the alternative and in its sole discretion, to terminate this Agreement with sixty (60) days advance notice to the Borough. In the event of this elective termination by the Township, the Township shall pay to the Borough the fees due through the effective date of termination, including the Borough s documented pro-rata calculation of the Township s share of the increase created by the arbitration decision, but only for the days of service provided through the effective date of the elective termination. 3. RATIFICATION OF AGREEMENT. All other terms and conditions in the Agreement are hereby ratified and affirmed by the Borough and the Township. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 2
IN WITNESS WHEREOF, the parties hereto have caused their common or corporate seals to be hereunto affixed, and executed by the Chairman or Vice Chairman of the Township Board of Supervisors and the President of Borough Council, respectively, each being authorized to do so, the day and year first above written. ATTEST: EAST BRADFORD TOWNSHIP Vincent M. Pompo, Esq., Chairman Borough of Supervisors ATTEST: BOROUGH OF WEST CHESTER Diane C. LeBold, President Borough Council 3