[HISTORY: Adopted by the Borough Council of the Borough of Perkasie 10-15-2007 by Ord. No. 922. Amendments noted where applicable.]
The Borough of Perkasie Office of Emergency Management (OEM) is hereby established by Borough Council according to 35 Pa.C.S.A. § 7501. The mission of the OEM is to provide an organization for the coordination of public safety of Borough residents through proper mitigation, preparedness, response and recovery activities in accordance with Title 35, Health and Safety, Commonwealth of Pennsylvania Consolidated Statues, Chapters 75 and 77 (1989).
The Emergency Management Coordinator will inform the chief elected official of the current state of emergency response in the Borough and will put forth his or her recommendations. These recommendations will come from data received from the various emergency response agencies currently working the emergency event. Declarations will be officially authorized by the chief elected official according to 35 Pa.C.S.A. § 7501(b).
Upon declaration of a disaster emergency, the Borough of Perkasie, pursuant to 35 Pa.C.S.A. § 7301(c) of the Emergency Management Services Code, shall be authorized to exercise the powers granted in the chapter without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds. In addition, upon the declaration of a disaster emergency, the Borough of Perkasie is authorized to avail itself of the provisions of the Act of August 5, 1941 (P.L. 752, No. 286), known as the "Civil Defense Act," in connection with the employment of personnel in local organizations established pursuant to the provisions of this chapter.
A. 
Emergency Management Coordinator (EMC). The Office of Emergency Management (OEM) shall be headed by the Emergency Management Coordinator who is appointed by the Governor of Pennsylvania at the recommendation of the Borough Council and by endorsement of the Director of the Pennsylvania Emergency Management Agency (PEMA).
B. 
Emergency Management Coordinator (EMC) accountability. The Emergency Management Coordinator shall report directly to the Borough Manager and, if unavailable, the Mayor or Borough Council President.
A. 
Duties and responsibilities in accordance to established standards. The duties and responsibilities of the Emergency Management Coordinator are outlined herein as well as within the emergency operations plan approved by the Borough Council in accordance with 35 Pa.C.S.A. §§ 7502 and 7503. The Emergency Management Coordinator provides a logistical resource coordination and support service to emergency medical, fire and police services within the Borough of Perkasie. During an emergency, the Emergency Management Coordinator shall meet with public safety and public works leaders to determine the need for emergency operations center activation and, if activated, shall do so according to the emergency operations plan. The Emergency Management Coordinator may, at his or her discretion, respond at the request of an incident commander to provide support services on the site of an emergency.
B. 
Establishment of OEM internal policies and support entities. The Emergency Management Coordinator (EMC) may establish internal policies and procedures to assist in the proper operation of the Office of Emergency Management (OEM) to fulfill the goals and objectives of emergency management. This includes but is not limited to creating relationships with adjacent municipal emergency managers, various public safety organizations, Borough departments, volunteer organizations, or the formation of an advisory emergency management planning committee, etc., to assist him or her in effective emergency management planning to reasonably fulfill the emergency management objectives.
C. 
Responsibility to maintain an emergency operations plan (EOP). The Emergency Management Coordinator (EMC) is responsible to develop and periodically update an emergency operations plan (EOP), in accordance with 35 Pa.C.S.A. § 7503, and shall at a minimum revise the plan every two years to be submitted to Borough Council for approval and then to Bucks County Emergency Management Agency for county endorsement. The emergency operations plan is considered to be a living document that shall be updated and improved as new techniques and response strategies are developed.
D. 
Deputy Emergency Management Coordinator (DEMC). The Emergency Management Coordinator shall make recommendation to the Borough Council to approve a qualified Deputy Emergency Management Coordinator (DEMC) who shall be a part of the primary EOC staff as well as function as the Emergency Management Coordinator in the EMC's absence. The DEMC will report directly to the Emergency Management Coordinator (EMC). The qualifications and training requirements set out in 35 Pa.C.S.A § 7502 will apply to the DEMC. The Emergency Management Coordinator shall assist the Deputy Emergency Management Coordinator in fulfilling the training requirements in accordance with PEMA Municipal Coordinator training as outlined in the Municipal Coordinator's Handbook. It shall be the Deputy Emergency Management Coordinator's responsibility to make themselves available for and to complete the training.
E. 
Establishment, oversight and maintenance of an emergency operations center (EOC). The Emergency Management Coordinator (EMC) shall have the overall responsibility to establish, staff and oversee an emergency operations center (EOC) which shall operate under the National Incident Management System (NIMS) principles for Multi-Agency Coordination System (MACS) operations which facilitate and coordinate response resources and personnel, providing accountability and support during emergency incidents as requested by the Borough Council, incident commanders or during critical emergencies and disasters affecting large Borough populations or property. The Emergency Management Coordinator shall be responsible to coordinate the training of EOC staff members in accordance with local, state or national standards. The Emergency Management Coordinator shall also make recommendation to the Borough Manager for the procuring of the materials and equipment deemed necessary for the maintenance and operation of the emergency operations center.
F. 
Mutual aid agreements.
(1) 
The Emergency Management Coordinator (EMC) shall develop and maintain mutual aid agreements with adjacent political subdivisions for reciprocal emergency assistance. The agreements shall be consistent with the plans and program of the Pennsylvania Emergency Management Agency and the Bucks County Emergency Management Agency. The agreements shall stipulate, at a minimum, the following:
(a) 
That direction of emergency disaster assistance is the responsibility of the lowest level of government;
(b) 
That the Bucks County Emergency Management Agency shall provide coordination and support when more than one municipality within Bucks County is affected;
(c) 
That the Pennsylvania Emergency Management Agency or its area organization shall provide coordination and support when more than one county is affected;
(d) 
That the Perkasie Borough Office of Emergency Management shall render assistance in accordance with authorized mutual aid agreements; and
(e) 
In all cases, support services provided from outside the affected area shall remain under the command and control of the receiving area.
(2) 
All mutual aid agreements shall be ratified by the Borough Council and by the governing bodies of the other affected municipalities prior to implementation.
G. 
Mitigation measures to ensure public safety. In response to a request of an emergency services incident commander or other spontaneous emergency event, the Emergency Management Coordinator, after receiving proper approval by the Borough Manager, Mayor or subsequent elected official, shall have the authority to call in support services to help mitigate further dangers to Borough residents. If the Borough Manager or elected official cannot be reached, and the situation warrants immediate action based upon imminent danger, the EMC may take reasonable and appropriate measures to fulfill public safety objectives. Should this action be necessary, it will be based upon actual data and feedback from on-site incident command personnel, and such actions shall be documented in detail and given to the Borough Manager or elected official at the earliest convenience. This includes but is not limited to calling for Borough Public Works, Borough Engineer, building rehabilitation or site cleanup services to remediate a property so that it is safe until the property owner can have the site repaired or remediated to Borough safety codes. The EMC shall report the details of such action to the Borough Manager so that the determination can be made as to who has responsibility for the incurred costs. Mitigation measures may also include making recommendations to the Public Works Director of any measures that could assist in mitigating potential damages due to flooding, waterway contaminants, or other hazards.
A. 
Stipend — EMC. In accordance with Borough Council Resolution No. 2005-56, the Emergency Management Coordinator shall be remunerated with an annual stipend of $2,000. Compensation covers the EMC for work, including but not limited to: developing and maintaining the EOP, developing and maintaining internal OEM policies, managing the EOC and activities of the various staff and volunteers, time spent at meetings, public education activities, emergency deployments and twenty-four-hour on-call.
B. 
Tuition and travel reimbursement. In order to remain current in the level of expertise and training and to remain in compliance with local, state and national standards, the Borough will reimburse the Emergency Management Coordinator and Deputy Emergency Management Coordinator for tuition, travel and lodging expenses incurred for required training courses or conference seminars. Such training activities will be properly approved by the Borough Council in advance of attendance at any such classes. The EMC will provide all of the details and submit a request with justification within a reasonable timeframe to the Borough Manager for Council submission.
C. 
Association dues and accreditation. In order to remain current in the level of expertise and essential knowledgebase to assist the EMC in compliance with local state and national standards, the Borough will reimburse the Emergency Management Coordinator for association dues for the National Emergency Management Association (NEMA) and International Association of Emergency Managers (IAEM). The Emergency Management Coordinator may also seek accreditation through IAEM as Associate Emergency Manager (AEM) or Certified Emergency Manager (CEM). The costs of accreditation will be paid by the Borough at the approval of the Borough Council.
The Office of Emergency Management (OEM), Emergency Management Coordinator (EMC), Deputy Emergency Coordinator (DEMC), emergency operations center (EOC) staff or other paid or volunteer emergency management support personnel (such as damage assessment personnel, CERT, FIRE Corps volunteers, etc.), that have received proper authorization to be activated in support of Borough emergency management activities, will be covered by the respective workmens' compensation insurance carriers for the Borough of Perkasie should they be injured in the line of duty. Support personnel shall be activated at the recommendation of the EMC or DEMC with the approval of the Borough Manager, Mayor or Borough Council President. If the Borough Manager, Mayor or Borough Council President are not available, the approval authority will fall upon the next senior Borough Council members, Assistant Borough Manager or the EMC in accordance with the continuity of government plan outlined in the emergency operations plan (elected officials checklist). Unauthorized, self-dispatched volunteers who have not been officially activated through the Office of Emergency Management will not be covered by this section and will be responsible for personal injury claims.
A. 
Establish and prioritize OEM needs. The Emergency Management Coordinator will establish a prioritized needs list to be submitted to the Borough Manager for review for Borough Council approval. The budget will cover items used to support the OEM, such as office materials, EOC equipment (telecommunications, communications, multimedia, computer, etc.), training costs, association dues, mitigation materials, etc. Submission of this budget, with supporting justifications, by the EMC will be scheduled by the Borough Manager accordingly so that it can be submitted in time for the annual Borough budget approval process.
B. 
OEM gifts, donations and grant funding use. The Emergency Management Coordinator, at the approval of the Borough Manager and/or Borough Council, may seek purchasing of OEM materials and equipment through gifts or donations from commercial vendors in support of local emergency preparedness and also through any county, state or federal grants that are made available to emergency management organizations. At no time will special endorsement of any commercial vendor who donates materials or equipment take place. Any monetary gifts, donations or grant monies made to the Borough of Perkasie Office of Emergency Management or to the Borough of Perkasie for the payment of expenses incurred or to be incurred by or for the Office of Emergency Management shall be deposited in the treasury of the Borough of Perkasie and shall be appropriated only for the purpose for which the gifts, donations or grants were made. These funds if they are more than what was in the OEM budget will be added in to the OEM budget.
In order to provide for the recovery of costs incurred by any emergency service or related support agency that has provided emergency response to the Borough of Perkasie, and so as to minimize the costs involved in correcting any hazardous situations that could affect Borough residents, the costs incurred will be charged to the person or entity that caused the increased hazard to Borough residents and need for a higher level or protracted emergency response.
Agencies who are entitled to cost recovery include but are not limited to:
A. 
Borough of Perkasie Administration;
B. 
Borough of Perkasie Office of Emergency Management;
C. 
Borough of Perkasie Police Department and any assisting police departments within the Borough;
D. 
Borough of Perkasie Public Works;
E. 
Borough of Perkasie Electric Department;
F. 
Perkasie Regional Authority[1] (water and sewer);
[1]
Editor's Note: The Perkasie Borough Authority was renamed the Perkasie Regional Authority 6-20-2011 by Ord. No. 950.
G. 
Perkasie Fire Company and any assisting fire companies within the Borough;
H. 
Emergency medical services that supply emergency medical response within the Borough;
I. 
Any support service that is called in to assist in maintaining public safety (authorized volunteer services, window board-up services, site remediation or cleanup services, traffic signal repair company, etc.).
Reimbursement shall be authorized for hazards involving a higher level or protracted emergency response, including but not limited to:
A. 
Industrial accidents;
B. 
Hazardous materials spills, leaks, vapors, etc.;
C. 
Multialarm fires (residential, high occupancy, commercial, institutional or any structures);
D. 
Structural collapses or compromises;
E. 
Prolonged, high-risk law enforcement situations;
F. 
Utility interruptions caused carelessly or maliciously;
G. 
Waterway contamination;
H. 
Any hazardous situation, accidental or intentional, that necessitates an immediate and full emergency response that uses specialized equipment, resources, manpower and materials in order to maintain public safety.
A. 
Any entity who owns or has custody or has control of any motor vehicle or other instrumentality that creates a hazardous incident or any entity who owns or has custody or has control of any real property upon which a dangerous incident, as defined in this chapter, takes place shall bear all costs of any emergency response that arises as a direct or consequential result of such incident. Nothing contained herein shall prevent such entity from recovering any costs from a third party whose negligence may have caused such dangerous incident.
B. 
In the event that any person undertakes, either voluntarily or upon order of any official of Perkasie Borough, to clean up or abate the effects of any dangerous incident, the Borough may take such action as deemed necessary to supervise or verify the adequacy of the cleanup or abatement. The entity described hereinabove shall be liable to the Borough for all costs incurred as a result of such supervision or verification.
C. 
For the purpose of this chapter, costs of a hazardous incident shall include but are not limited to the following: expenses incurred by police, fire, emergency management and/or emergency medical services; actual labor costs of Borough personnel, including benefits and administrative overhead; costs of consultants or others preparing reports concerning the hazardous incident; costs of equipment operations; costs of materials obtained directly by the Borough; costs of any contractual labor and materials for cleanup and/or abatement; costs of the Borough Solicitor and Borough Engineer connected with the hazardous incident; costs to replace or repair any damage caused to equipment utilized by the Borough or any other service agency which responded to the incident.
D. 
The costs resulting from the dangerous incident shall be paid directly to the Borough within 30 days from the date on which the Borough issues an invoice or other appropriate demand for such costs. Interest shall accrue on any unpaid invoice at the rate of 1 1/2% per month commencing after the expiration of the thirty-day grace period.
In response to a request of an emergency services incident commander or other spontaneous emergency event, the Emergency Management Coordinator (EMC), after receiving proper approval by the Borough Manager, Mayor or subsequent elected official, shall have the authority to call in support services to help mitigate further dangers to Borough residents. If the Borough Manager or elected official cannot be reached, and the situation warrants immediate action based upon imminent danger, the EMC may take reasonable and appropriate measures to fulfill public safety objectives. Should this action be necessary, it will be based upon actual data and feedback from on-site incident command personnel, and such actions shall be documented in detail and given to the Borough Manager or elected official at the earliest convenience. This includes but is not limited to calling for Borough Public Works, Borough Engineer, building rehabilitation or site cleanup services to remediate a property so that it is safe until the property owner can have the site repaired or remediated to Borough safety codes. The EMC shall report the details of such action to the Borough Manager so that the determination can be made as to who has responsibility for the incurred costs.