City of East Orange, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Auxiliary police — See Ch. 14.
Fire Citizens Advisory Council — See Ch. 14A, Art. IV.
Public emergencies — See Ch. 28.
[Adopted 9-16-2002 by Ord. No. 10-2002]

§ 54-1 Agreement established.

The following mutual assistance agreement for supplemental fire assistance among all municipal corporations in the County of Essex is hereby ratified and approved, and the Mayor and City Clerk are hereby authorized and directed to execute said agreement and cause certified copies of the article, upon its adoption, to be distributed to the other municipalities in Essex County:
MUTUAL ASSISTANCE AGREEMENT
This agreement made and entered into by and among the Township of Belleville, Township of Bloomfield, Township of the Borough of Caldwell, Township of Cedar Grove, City of East Orange, Township of Essex Fells, Township of Fairfield, Township of Glen Ridge, Township of Irvington, Township of Livingston, Township of Maplewood, Township of Millburn, Township of Montclair, City of Newark, Township of North Caldwell, Township of Nutley, City of Orange, Borough of Roseland, Township of South Orange, Township of Verona, Township of West Caldwell and Township of West Orange, all municipal corporations of the State of New Jersey and being all the municipal corporations situated in the County of Essex.
     WHEREAS, the parties hereto are geographically located in proximity to each other; and
     WHEREAS, it is to the mutual advantage and benefit of the parties hereto that each of the other parties agree to render supplemental fire assistance in the event of an emergency, disaster or widespread conflagration or where it appears that an emergency, disaster or widespread conflagration may develop which may be beyond the control of a single party and therefore require the assistance of one or more of the other parties hereto; and
     WHEREAS, municipal corporations of the State of New Jersey are authorized under N.J.S.A. 40A:14-156.1 to 40A:14-156.4 to provide fire assistance outside the normal territorial jurisdiction of the municipality;
     NOW, THEREFORE, BE IT RESOLVED in consideration of their mutual covenants, the parties hereto agree as follows:
     1. For the purpose of facilitating the provision of assistance pursuant to this agreement, the municipal corporations which are parties hereto shall agree to utilize the Level 1, 2 ,3 system of response for mutual aid.
     2. In the event of an emergency, disaster or widespread conflagration which is beyond the capacity and facilities of any one of the parties hereto, the other parties agree to furnish, upon request, fire assistance in coping with such emergency, disaster or widespread conflagration to the party requesting such assistance. The assistance requested may be on an actual or standby basis.
     3. The extent of assistance to be furnished under this agreement shall be determined solely by the municipal party furnishing such assistance, and it is understood that the assistance so furnished may be discontinued at the sole discretion of the furnishing party. Prior notification shall be made to the Incident Commander.
     4. Fire officers who shall be commanded by their superior officer to perform fire duties outside the territorial limits of the municipality which regularly employs such officers shall be under the direction and authority of the local commanding officer of the municipality to which they are called to perform such fire duties, and they shall have the same powers, authority and immunities as have the members of the fire department of the municipality in which such assistance is being rendered.
     5. All personnel furnished shall work, to the greatest extent possible, under their own supervisory personnel, and equipment furnished will ordinarily be operated by personnel of the party furnishing the equipment.
     6. It is mutually agreed and understood that the provisions of the agreement shall be invoked only when, in the opinion of the Incident Commander, Mayor, Fire Chief, Fire Commissioner or other person or persons in charge of fire or public safety of the party requesting assistance, it is deemed necessary to request outside assistance because all of the normal facilities at their command have been exhausted and outside assistance is needed to control and suppress an emergency, disaster or widespread conflagration.
     7. It is further agreed and understood that whenever, in the opinion of the Incident Commander, Mayor, Fire Chief, Fire Commissioner, or other person or persons in charge of fire or public safety of any party, it is deemed necessary to request outside assistance, request shall first be made upon those parties which are within the level of the party requesting assistance. If sufficient assistance is available from those parties within the level of the party requesting assistance, no request shall be made upon any party in any other region.
     8. At Level 3 the Essex County Office of Emergency Management Fire Coordinator shall be notified in anticipation of continued mutual aid.
     9. The municipality requesting assistance may, upon request, reimburse each municipality providing assistance to the extent to which the municipality providing such assistance cannot obtain reimbursement of payment for such assistance from any county, state or federal governmental unit or agency for expenditures actually incurred in furnishing assistance.
     10. The parties hereto shall make request of the Essex County Office of Emergency Management Fire Coordinator that he serve as Coordinator among the municipalities which are parties to this agreement for the purpose of facilitating the provision of assistance pursuant to this agreement.
     11. This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any course whatsoever.
     12. Any party to this agreement may withdraw at any time, upon 30 days' written notice to each of the other parties, and thereafter such withdrawing party shall no longer be a party to this agreement; but this agreement shall continue to exist among the remaining parties.
     13. This agreement shall become effective for each party hereof when that party by ordinance of its governing body ratifies and approves this agreement, and authorizes the proper municipal officials to execute the same, at which time certified copies of said ordinance approving the same shall be distributed to the other parties.