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HomeMy WebLinkAboutD-1580-02 Interlocal CFD/Pike _,, ; SPONSOR(S): Councilor Battreall ORDINANCE NO. D-1580-02 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARS~EL, INDIANA, APPROVING AND ADOPTING INTERLOCAL AGREESfENT WH]EREAS, Indiana Code 36-1-7 authorizes cooperation endeavors between municipalities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-1-7-2 authorizes the Common Council to approve such "interlocal agreements;" and WH]~REAS, the "interlocal agreement" by and between the City of Carmel, Indiana and Pike Tox;mship Fire Department, Hamilton County., Indiana, pertaining !o the provision of fire and emergency medical services, a copy of which is attached hereto and incorporated herein as Exhibit A ("h)terlocal Agreement"), is in the best interests of the City of Carmel and its residents. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. The Clerk-Treasurer is hereby directed to file a copy of the Interlocal Agreement with the Hamilto¢ County Recorder and State Board of Accounts within the time periods established by law. Section 4. Thfs Ordinance shall be in full force and effect from and after the date of its passage, execution by the Mayor and such publication as is required by law. PASSED by the qorgmon Council oft~e City of Carmel, Indiana, this/__~dPa~ 2002, by a vote of CC' ayes and (-.) nays. ;TPOMMON CO'UNCm ~f~l ~er Wayne A. r-resideqt Pro Tempore //Akr~nald E. Carter ATTEST: Diana L[ &rd~[.~k, Cl~rk-Tr;a~u~ure~- Page One of Two Pages Prepared by DougLas C. Haney, Carmel City Attorney 200500014020 Filed for' Record in HAMILTON COUNTY, INDIANA JENNIFER J NAYDEN 03-07-2005 At 04:10 Pm. ORDINANCE t?.00 SPONSOR(S): Councilor Battreall Prese,nted by me to th4'Mayor of the City of Cannel, Indiana, at _~F day of /f'~l [L;LC~' ,2002. o'clock ~tg. m. on the Diana L. Cordr~, ~'fClerl~-Treasu~rer __ byme, Mayor ofthe CityofCarmel, Indiana, at ("Z'~ o,clo2//~, m. this.~/~ay Approved s Brainard, Mayor ATTEST: Ordinance No. D-1580-02 Page Two of Two Pages Prepared by Douglas C Haney, Carmel City Attorney APPROVED, AS TO FO BY 8/28/00 PIKE TOWNSHIP / CITY OF CARMEL FIRE DEPARTMENT MUTUAL AID AGREEMENT Resulting from discussions among officials of the Pike Township Fire Department (P'I tqm), Marion County, Indiana and the City of Carmel Fire Department (CPD), Hamilton County, Indiana pertaining to the provision of optimum fire and emergency medical services along and adjacent to their jurisdictionai boundaries, the following agreement has been reached pursuant to I.C. 36-1-7: 1. MUTUAL AID * ~MERGEN;~Y ASSISTANCE 1.1 Pursuant to the request of the Pike Township Fire Chief, in the event of a major emergency occurring within the Pike Township service district, the on-scene PTFD incident commander may request the response of the closest available CFD equipment and personnel to bring the emergency under control. 1.2 Pursuant to the request of the City of Carmel Fire Chief, in the event of a major emergency occurring within the City of Carmel service district, the on-scene CFD incident commander may request the response of the closest available PI'I'D equipment and personnel to bring the emergency under control. 2. MUTUAL AID - MOVE-UP ASSISTANCE 2.1 Pursuant to the request of the Pike Township Fire Chief, in the event of a major emergency within the Pike Township service district requiring the extended commitment of PTFD equipment and personnel to the degree that the ability of the PTFD to render emergency ftre and medical services in other areas of its service dislrict is severely impaired, the on-scene PT'FI) incident commander may request the response of the closest available CFD equipment and personnel to move-up to a PT'FD fire station. 2.2 Pursuant to the request of the City of Carmel Fire Chief, in the event of a major emergency within the City of Carmel service district requiring the extended comrmtment of CFD equipment and personnel to the degree that the ability of the CFI) to render emergency fire and medical services in other areas of its service district is severely impaired, the on-scene CFI) incident commander may request the response of the closest available PTFD equipment and personnel to move-up to a CFI) fire station. 3. MUTUAL AID - EMERGENCY MEDICAL SERVICES 3.1 In the event of a medical emergency within the City of Carmel service district, CFI) may request the response of the closest available P I'i~D BLS/ALS E.M.S. apparatus should CFI) primary response apparatus be unavailable. 3.2 In the event of a medical emergency within the Pike Township service district, PTFD may request the response of the closest available CFI) BLS/ALS E.M.S. apparatus should PTFD prima~y response apparatus be unavailable. 3.3 In the event of a medical emergency in either fire service district, the transporting department shall maintain sole responsibility for patient billing. 4. MUTUAL AID - SPECIAL TACTICS AND RESCUE 4.1 In the event of an emergency incident involving hazardous materials, or requiring water rescue, collapse rescue, high-angle rope rescue, or heavy extrication in either service district, the department in need may request the assistance of the other's personnel and specialized equipment. Both departments agree that the assisting department may bill the property owner and/or responsible company for materials used and services incurred. 5. INCIDENT COMMAND AND CONTROL '5.1 The fire department having jurisdiction maintains ultimate responsibility for overall incident command, safety, and accountability. 5.1-1 All responding personnel shall comply with the Incident Commander's directives, regardless of the Commander's or personnel's department affiliation. 1 [8/18189] 5.1-2 5.1-3 5.1-4 5.1-5 Personnel affiliated with the assisting fire depa~mcot shall have the same powers and duties as corresponding personnel employed by the assisted depanmcot, but only for the period they are engaged in activities authorized by the assisted department. The department providing assistance remains responsible for the conduct of its personnel and for their medical expenses and ~,orkers' compensation. The Incident Commander of the fire department having jurisdiction has responsibility for safety and accountability of all persunncl operating on. the incident. Safety and accountability procedures for each department should be reviewed and trained on prior to the signing of this agreement. Evacuation procedures should also be established and trained on by both departments. Training' shall be furnished un an as needed basis by each department on the areas covered in 5.1-4 above. (Fireground safety, accountability, evacuation procedures, and standard company functions.) 5.1-6 Every effort shall be made to return the assisting department's apparatus to a mn-ready status as soon as feasibly possible. 6. FIRE CAUSE INVESTIGATION 6.1 Thn fire depa.'~etit~having jurisdiction maintains ultimate responsibility for fire cause and origin investigation within their service district. 7. RESPONSE OBLIGATION 7.1 The City of Carmel Fire Department shall not be obligated to respond as described in this agreement if to do so would endanger the cidzans of City of Carmel service disa'ict or impair the ability of the City of Carmel Fi~e Department to render emergency fire and medical services within its service .ali.strict. 7.2 The Pike Township Fire Depar~ent shall not be obligated to respond as described in this agreement if to do so would endanger the citizens of Pike Township or impair the ability of the Pike Township Fire Department to render emergency fire and medical services within its service district. 8. FINANCIAL OBLIGATION 8.1 Pike Township and the City of Carmel agree that the services described in this agreement shall be provided to one another without cost. 8.1-1 Each department remains financially responsible for any of its equipment or apparatus that may be lost, stolen, or damaged and for any medical expenses incun~ by it~ personnel, regardless of the jurisdiction in which the loss occurs. 9.1 Pike Township agrees to indemnify and hold harmless the City of Carmel, Hamilton County, the Carmel Fi~ Department and their officers, agcnts, and employees from any and all claim or threat of claim, loss, liability, judgment or lien arising out of thc ncgligcnce of Pike Township, thc Pike Township Fire Depatunnnt and their officers, agents or employees in connection with this agreemcnt. Such indemnity shall include attorney fees and all costs of other expenses arising there from or incurred in connection therewith. 9.2 The City of Carmel, Hamilton County, and the Carmel Ftre DepatUnent ag~es to indemnify and hold harmless Pike Township, the Pike Township Fire Depamnnnt and their officers, agents, and employees from any and all claim or threat of claim, loss, liability, judgment or lien arising out of the negligence of the City of Carmel, Hamilton County, the Carmel Fire Department and their officers, agents or employees in connection with this agreemenL Such indemnity shall include attorney fees and all costs of other expenses arising there from or incur~d in cunneedon therewith. 9.3 Not~vithstanding anything to the contras' contained hereinabove, either party's liability with respect to its obligation to indemnit3' and hold the other harmless shall be limited to the maximum of the lesser of (a) the amount of insurance coverage for such claim and in effect at the time of the claim or (b) the amount allo~ved under the Indiana Tom Claims Act, lC 34-4-16.5-4. as amended, at the time of claim or (c) the amount allotted under the Indiana Tort Claims Act+ as amended. at the time of execution of this Agreement. 2 [8/18189] 10. EFFECT 10.1 Once signed, this agreement modifies and supersedes any and all other mutual aid - dual response agreerannts between Pike Township Fire Department and Carmel Fire Department. 10.2 This agreement shall remain in full force and effect until modified or terminated by mutual written consent of the parties or upon thirty (30) days written notice by either party to the other party. /(~C~I Fil Fire Chie~