A local emergency response team 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
response services consistent with the requirements of applicable laws
and with the objectives of protecting the health, safety and welfare
of municipal residents and landowners.
This article is adopted pursuant to authority
granted in:
A. The Municipal Police Jurisdiction Act, 42 Pa.C.S.A.
§ 8951 et seq., as amended, or as it may be amended from
time to time (the "Jurisdiction Act").
B. The Pennsylvania Intergovernmental Cooperation Act,
Act 180 of 1972 (53 Pa.C.S.A. § 2301 et seq.), as amended,
or as it may be amended from time to time (the "Cooperation Act").
The following words or phrases, when used in
this article, shall have the meanings indicated:
AGENCY
The Berks County Emergency Response Team created by various
Berks County municipalities and other entities under and pursuant
to this article and similar ordinances or resolutions, as appropriate,
under authority of the Jurisdiction Act.
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.
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 Jurisdiction Act, the Cooperation Act
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 but in any event not less than
three years. Thereafter, participating municipalities can withdraw
from the agency upon reasonable notice as provided for in the agreement.
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.
All property shall be acquired, managed, or
disposed of pursuant to the agreement in accordance with the teens
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 for its employees.