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
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
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;
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.