[HISTORY: Adopted by the Council of the Township of Montclair 2-5-2002
by Ord. No. 02-03. Amendments noted where applicable.]
The following Mutual Assistance Agreement for supplemental fire assistance
among all the municipal corporations in the County of Essex be and it hereby
is ratified and approved, and the Mayor and Township Clerk be and they hereby
are authorized and directed to execute said agreement and cause certified
copies of this chapter, upon its adoption, to be distributed to the other
municipalities in Essex County:
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MUTUAL ASSISTANCE AGREEMENT
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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 Irvington, Township of
Livingston, Township of Maplewood, Township of Milburn, 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:
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WHEREAS, the parties hereto are geographically
located in proximity to each other; and
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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
requires the assistance of one or more of the other parties hereto; and
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WHEREAS, municipal corporations of the State
of New Jersey are authorized under N.J.S.A. 40A:14-156.1 through 156.4 to
provide fire assistance outside the normal territorial jurisdiction of the
municipality:
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NOW, THEREFORE, in consideration of their mutual
covenants, the parties hereto agree as follows:
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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 and 3 system
of response for mutual aid.
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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 upon an actual or standby basis.
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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.
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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 officers 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.
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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.
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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, 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.
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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.
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8. At Level 3 the Essex County Office
of Emergency Management Fire Coordinator shall be notified in anticipation
of continued mutual aid.
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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.
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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.
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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 cause whatsoever.
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12. Any party to this agreement may
withdraw at any time, upon 30 days' written notice to each of the other
parties and thereafter, and such withdrawing party shall no longer be a party
to this agreement, but this agreement shall continue to exist among the remaining
parties.
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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 authorized 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.
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