[Adopted 8-22-2005 by Ord. No. 321; amended in its entirety 2-11-2013 by Ord. No. 402 (Ch. I, Part 10, of the 2013 Code of Ordinances)]
A local emergency management agency comprised of various Berks County municipalities is established to provide the residents and citizens of the respective municipalities and communities with more efficient, responsive, cost effective and competent emergency management services consistent with the requirements of the Pennsylvania Emergency Management Services Code and with the objectives of protecting the health, safety and welfare of municipal residents and landowners. The regional emergency management agency shall assume the responsibilities and functions assigned by law to each participating municipality.
This article is adopted pursuant to authority granted in:
A. 
The Pennsylvania Emergency Management Services Code, Act 323 of November 26,1978 (35 Pa.C.S.A. § 7101, et seq.) as amended, or as it may be amended from time to time;
B. 
The Pennsylvania Intergovernmental Cooperation Act, Act 177 of 1996 (53 Pa.C.S.A. § 2301, et seq.) as amended, or as it may be amended from time to time.
The following words or phrases, when used in this article, shall have the meanings indicated:
AGENCY
The West Side Regional Emergency Management Agency created by various Berks County municipalities under and pursuant to this and similar ordinances under authority of the Code.
CODE
The Pennsylvania Emergency Management Services Code, Act 323 of 1978 (35 Pa. C.S. § 7101, et seq.) as amended, or as it may be amended from time to time.
MUNICIPALITY
The Township of Spring.
Pursuant to and in accord with the above-referenced authority, the Municipality is hereby authorized to become a member of and to participate in the Agency, and hereby delegates its responsibilities under the code to the Agency in accordance with the authority granted in the above-referenced laws and this article.
Pursuant to and in accord with the above-referenced authority, the Municipality is hereby authorized and directed to enter into the intergovernmental cooperation agreement which governs the Agency and its affairs, a copy of which is attached to this article and incorporated herein by reference (the "Agreement").
The Agency created and existing under and by virtue of the authority of the Code and this article shall be comprised of representatives of the municipalities creating and participating in the Agency. The participation of the Municipality in the Agency shall be governed and controlled by the terms and conditions of the Agreement, as duly amended, the provisions of applicable Pennsylvania laws and regulations, and such other policies as may be duly adopted by the Agency in accordance with the Agreement.
The Agency and its activities shall be operated with funds provided by the participating municipalities in accordance with the provisions of the Agreement referred to above, and such other grants or funding as may be available.
The Agency, and the Agreement governing it, shall be for an indefinite term and dependent upon the continued participation of the various member municipalities. Participating municipalities can withdraw from the Agency upon reasonable notice as provided for in the Agreement.
A. 
In accordance with the Agreement, the governing body of the Municipality shall appoint individuals to serve on the Agency Council.
B. 
The governing body of the Municipality shall authorize, budget, appropriate and pay in a timely manner such initial and annual fees and other necessary charges as provided for under the Agreement to provide the Agency with fiscal resources for its operational requirements.
C. 
Municipal officials and employees shall cooperate fully with the Agency to accomplish the goals and objectives of the Agency.
The powers and duties of the Agency, its officials, employees and representatives, shall be as set forth in this article, the Agreement and the other laws, regulations and instruments governing its organization and operation and shall include the following:
A. 
The Agency Council in consultation with the Technical Committee shall designate an individual to serve as the Emergency Management Coordinator and shall name a member of the Technical Committee (as defined in the Agreement) from each member municipality to serve as Deputy Emergency Management Coordinators for the region comprising the participating municipalities with responsibility for operational control of emergency response operations within the territorial limits of the Agency.
B. 
Subject to review and approval of each participating municipality, the Agency shall prepare and maintain a joint Emergency Operations Plan that can be implemented for response to emergencies affecting the participating municipalities.
C. 
Subject to review and approval of each participating municipality, the Agency shall be responsible for planning and resource development for emergency operations within the territorial limits of the participating municipalities.
D. 
Subject to review and approval of each participating municipality, the Agency shall carry out all other powers and duties of the participating municipalities as set forth in the Code, at 35 Pa.C.S.A. § 7503.
All property shall be acquired, managed, or disposed of pursuant to the Agreement in accordance with the terms of the Agreement. No acquisition of real property or real estate is authorized.
Although there is no current authority for Agency employees, in the event the Agency is subsequently granted authority under the Agreement to hire employees, then the Agency shall be empowered to enter into contracts for policies of group insurance and employee benefits, including Social Security for its employees.