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HomeMy WebLinkAboutD-1695-04 Interlocal/Pike Fire Dept Mutual Aid Agreement.) ORDINANCE NO. D-1695-04 Sponsor: Councilor Mayo 2005;)0014017 Filed for Record in ORDINANCE 19,00 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL~ IND1ANA~ APPROVING AND ADOPTING INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36-I-7 authorizes coopeTative endeavors between governmental. entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36-i-7-2 authorizes the Common Council to approve such "interlocal agreements;" and ' WHEREAS, the "interlocal agreement" by and between the City of Carmel, Indiana, and Pike Township Fire Department, Marion County, Indiana, pertaining to the provision of fire and emergency medical services, a copy of which is attached hereto and incorporated herein as Exhibit A ("lnterlocal Agreement"), is in the 17est interests of the'City of Carmel and its residents. NOW, TIIEREFORE, BE IT RESOLVED by the Common Council of the City.of Carmel, Indiana, that: Section 1. The foregoing Recitals are fully incorporated herein by this reference. Section 2. The Interlocal Agreemen( ~h6uld 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 Hamilton County Recorder and State Board of Accounts within the ti~e periods established by Indiana Code 36-1-7-6. Secti6n 4. This Ordinance shall be in full force and effect from and after the dat~ of its passage, execution by the Mayor and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana this JC) ~day qf __, 2004, by'a vote of 7 ayes and b nays. Page One of Two Pages Pre?red by Douglas C. Haney, Carmel City Attorney Sponsor: Councilor Mayo COMMON COUNCIL FOR THE CITY OF CARMEL Di~a L. Cordray, I~C, Clerk-Tr~er Presented bg me to the Mayor of ~e City of C~el, ~di~a, at ~ [: ~ ~ th ay of ,2004. Digit'surer Approved kY me, Mayor of~e City of Camel, ~di~a, at [/: D~ o'clock ~ m. this _ ~' dayof ~pf~' ~ ,2004. ~es Brined, Mayor Pdch&d }L. sh~trTp o'clock __&. m. on D~ana L. Cordray, IAMC, Clerk- 7easurer Ordinance No. D- 1695-04 Page Two of Two Pages Prepared by Douglas C. Haney, Carmel City Attorney ~ '" 5/13/2003 'PIKE TOWNSHIP / CITY OF CARMEL FIRE DEPARTMENT MUTUAL AID AGREEMENT Resulting from discussions among officials of the Pike Township Fire Department (PTFD), Marion County, Indiana and the City of Carmel Fire Department (CFD), Hamilton County, Indiana pertaining to the provision of optimum fire and emergency medical services along and adjacent to their jurisdictional boundaries, the following agreement has 1Seen reached pursuant to I.C. 36-1-7: 1. MUTUAL Ali) - EMERGENCY ASSISTANCE tr~.j .I 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 personne to bring the emergency under control. 1.2 P'ursuant 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 tlae closest available PTFD equipment and personnel to bring the emergency under control. 2. blUTUAL AID - MOVE-UP ASSISTANCE 2.1 Pursuant to the request of the Pike Township Fire Chief, in the event of a major emergency wittfin 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 IoCA-."~re and medical services in other areas of it~ service district is severely impaired, the on-scene PTFD incident commander may request the response of the closest available CFD equipment and personnel to move-up to a PTFD fire station. 2.2 Pursuant to the reques.t of the City of Carmel Fire Chief, in the event of a major emergency within the City of Carmel service district ~t..xrequiring the extended commitment of CFD equipment and personnel to the degree that the ability of the CFD to render emergency fire and medical services in other areas of its service district is severely impaired, the on-scene CFD incident corrmaander may request the response of the closest available P'I?D equipment and personnel to move-up to a CFD fire station. 3. MUTUAL AID - EMERGENCY MEDICAL SERVICES 3.1 In the event of a medical emergency within the City of'Carmel service district, CFD may request the response of the closest available GM--, PTFD BLS/ALS E.M.S. apparatus should CFD primary response apparatus be unavailable. ~L3.2 In the event of a medical emergency within the Pike Township service district, PTFD may request the response of the closest available CFD BLS/ALS E,M.S. apparatus should PTFD prkmary response apparatus be unavailable. 3.3 ia', the event of a medical emergency in either fire service district, the transporting department shall maintain sole responsibility for patient billing. 4. MUIXIAL AID - SPECIAL TACTICS AND RESCUE 4.1 In the event of an emergency incident involving hazm'dous materials, or reriuiring water rescue, collapse rescue, high-angle rope rescue, tgk~' or heavy extrication in either service district, the depm'tment'in need may request the assistance of the other's personnel and speciatized 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 d~partment having jurisdiction maintains ultimate responsibility for overall incident command, safety, and accountabiilty. (~ 5.1-1 ~1I responding personnel shall comply with the Incident Commander's directives, regardless of the Commander's or personnel's department, affiliation. EXHIBIT [8/18/89] 5.1-2 Personnel affiliated with the assisting firm department shall have the same powers and duties as corresponding personnel employed by the assisted department, but only for the period they are engaged in activities authorized by the 0~' assisted department. 5. I-3/9~The department providing assistance remains responsible for the conduct of its personnel. 5.1-4 The Incident Commander of the fire department having jurisdiction has responsibility for safety and ancountab ty of all personnel operating on the incident. Safety and accountability procedures for each department should be reviewed ~)~ and trained on prior to the signing of th]s agreement, Evacuation procedures should also be established and trained on by both departments. 5.1-5 Training shall be furnished on an as needed basis by each department on the areas covered in 5.1-4 above. (Fireground 0 ~ safety, accountability, evacuation procedures, and standard company functions.) 5.1-~..Every effort shall be made to return the assisting department's apparatus to a mn-ready status as soon as feasibly posalbte, 6. FIRE CAUSE INVESTIGATION 0~.I The fire department 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 th/s agreement if to do so would endanger the citizens of City of Carmel service district or impair the abihty of the City of Carmel Fire Department to render emergency fire and ~ inedicai services within its service district. 7.2 The Pike Township Fire Department shall not be obligated to respond as described in tiffs agreement if to do so would endanger the l, citizens of Pike Townsh/p or impair the ability of the Pike Township Fire Department to render emergency fire and medical services ~"& with/n its service district. 8. FINANCIAL OBLIGATION 8.1 Pike Township and the City of Carmel agree that the services described in th/s agreement shall be provided to one another without cost. 0~'-8.1-1 Each department remains financially responsible for any of its equipment or apparatus that may be lost, stolen, or damaged ~9~.~.~ and for any medical expenses incurred by its personnel, regardless of the jurisdiction in which the loss occurs. 9. INDEMNIFICATION 9.1 Pike Township agrees to indemnify and hold harmless the City of Carmel, Hamilton Count)', the Carmel Fire Department and their ~.. officers, agents, and employees from. any and all claim or threat of claim, loss, liability, judgment or lien arising out of the negligenc? of Pike Township, the Pike Township Fire Deparcment and their officers, agent~ or employees in connection with this agreement. 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 Fire Department agrees to indemnify and hold harmless Pike Townsb. Jp, the Pike Township Fire Department and their officers, agents, and employees from any and ali claim or tbxeat 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 D~'' employees, in connection with this agreement. Such indemnity shall include attorney fees and all costs of other expenses arising there from or incurred in connection therewith. EXHIBIT [8118189] 10. EFFECT 10.1 Once signed~ this agreement modifies and supersedes any and ail other mutual aid - dual response agreements bet,,yeen Pike Township ~)[~__Fire Department and Carmel Fire Department. 10.2 This agreement slxafi remain in full force and effect until modified or terminated by mutual written consent of the parties or upon thirty ' · ,i,(30) dz~ys wrirt, ev. notice by either garry to the o~her party. Pike Township ~stee City of Carmel Mayor C~ el F~ire Chief EXHIBIT