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HomeMy WebLinkAboutBPW-05-03-95-07 Mut. Aid Agree. RESOLUTION AN INTERLOCAL GOVERNMENT RESOLUTION AUTHOR I Z I NG THE EXECUT I ON OF A MUTUAL A I D AGREEMENT WHEREAS, the City of Carmei, Indiana ac~ing by and through its Board of Public Works and Safety, desires to enter into a Mutual Aid Agreement pursuant to the provision of Indiana Code 10-~1-1-9 commonly known as the Indiana Civil. Defense and Disaster l.aw of 1975 as amended; and, WHEREAS, the Indiana Code provides for agreements between governmental entities upon the adoption of resolutions in substantially similar form; and, WHEREAS, it is deemed in the public interest to provide for the adoption of a Mutual Aid Agreement ~nder these circumstances. NOW, THEREFORE, BE IT RESOLVED as follows: That the City of Carme!, acting by and through its Board of Public Works and Safety, is hereby authorized ~o execute a Mutual Aid Agreement in the form attached hereto, made a part hereof and marked "Exhibit A". ALL OF WHICH IS SO RESOLVED this day of ~7 , 199~. ATTEST: CARMEL BOARD OF PUBLIC WORKS AND SAFETY BY: , ~ ~ Member ~ Clerk-Treasurer City of Carmel, Indiana HAMILTON COUNTY. INDIANA MUTUAl, AIB AGREEMENT This agreement entered into this 3 ' day ofC. otdmn%s . 19_~_, by and among the Board of Hamilton Count), ionera. Hamilton County, and the Cities of Carmel. Indiana and Noblesvilie, Indiana and the Towns of Arcadia. Atlanta, Cicero, Fishers, Sheridan and Westfield, Indiana and the Townships of Adams, Clay, Delaware, Fall Creek, 3ackson. Noblesville, Wayne, Washington and White River. WHEREAS, Sections 104-1-9. Indiana Civil Defense and Disaster Law of 1975. as amended, authorizes public agencies in this slate to enter into mutual aid agreements; and. WHEREAS, the parties hereto desire to avail themselves of the authority conferred by this law: and, WHEREAS, the purpose of this agreement is to provide each of the parties. through their mutual cooperation. a predetermined plan by which each might render aid to the other in case of a situation which demands emergency response to a degree beyond the existing capabilities of any single part; and. WHEREAS, it is deemed in the public interes! for the parties hereto to enter into an agreement for mutual assistance in order to provide the reserves needed to assure each of the parties adequate protection. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereby agree as foiiow.s: 1. The parties participating in this agreement will. respond to calls for mulual aid assistance to any other party participating in this agreement, but, only upon request for such assistance made by the chief executive of the party of the senior department officers on duty for the requesting department. AI.[ requests for emergency assistance shall be made only to the chief executive or the department senior officer on duty. 2. Upon receipt of a request of assistance. the senior officer of the responding party witi act upon the request as follows: (a) Each party's response will be determined by the severity of the emergency in the requesting party's jurisdiction as determined by the senior officer of the responding party after discussion with the senior officer of the requesting partv. (b) tf there is also an emergency in the jurisdiction of the responding party at the time a request is made. or one occurs under this agreement and the senior officer of the responding party reasonably determines. after a consideraiion of the severity of the emergency in his jurisdiction, that the responding part>' cannot comply with the requirements under this agreement without endangering life and,."or incurring significant propertv damage in his jurisdiction. he may choose to use all equipment and personnel in his own jurisdiction. In such case. the senior officer of the responding party shall inform the senior officer of the requesting party of his decision. 3. It shall be the responsibility of the responding party to see that all personnel responding to the request for assistance are responsib.[e persons. and the conduct and actions of said personnel shall be the responsibility of the party sending assistance. ~. When personnel are sent to another area.cornmunity pursuant to this agreement, the authority? rights, privileges and immunities including any coverage under the Worker's Compensation laws, which they have in the sending community, shall be extended to any geographic area necessary as a result of the request when said personnel are acting within the scope of the authority conferred by this agreement. 5. The partv who requests mutual aid shafl [n no way be deemed liable or responsible for the personal property of the members of the responding party which may be lost, s'to!en. or damaged while performing their duties in responding under the terms of this agreement. 6. The party responding to the request for mutual aid tinder the terms of ibis agreement shall assume all liabi. Eity and responsibility for damage to it's own apparatus and,/or equipment. The party responding shall also assume ali liability and responsibility for any damage caused by it's own apparatus and/or negligence of it's personnel while enrou~e to or returning from a specific location. 7. The party responding under' ttne terms of this agreemeni shall assume no responsibility or liability for property damaged or destroyed or bodily injury at the actual scene of any emergency due to the actions which are required in responding under !his. agreement; said [tabill. iv and responsfbil. itv shal! feint s,:>ieiv with the party requesting such aid and within whose boundaries the property' exists or ti~e incident occurs. g. No compensation shall be paid by the parties under this agreement for mutual aid assistance rendered.