HomeMy WebLinkAboutMutual Aid Agreement/CFD/CFD & IFD1
MUTUAL AID AGREEMENT
This Mutual Aid Agreement (“Agreement”) is made and entered into, pursuant to Ind.
Code 36-1-7 et. seq., between the Indianapolis Fire Department – Marion County, IN (“IFD”)
and the Carmel Fire Department – Hamilton County, IN (“CFD”) and is executed pursuant to
the terms and conditions set forth herein.
Recitals:
WHEREAS, IFD and CFD (collectively the “parties”) wish to provide each other short-
term assistance to fires, medical emergencies, hazardous materials incidents, technical rescues
and other types of emergency incidents that are within the scope of services provided by fire
departments to communities within each other’s respective jurisdictional boundaries when
necessary and called upon.
THEREFORE, in consideration of the mutual undertakings set forth herein, the sufficiency
of which is acknowledged, IFD and CFD agree as follows:
SECTION 1. Definitions
1.01. Automatic Aid: The term “Automatic Aid” shall mean the automatic dispatch and
response of requested resources without incident-specific approvals or considerations of
entity boundaries, used under conditions when time is of the essence to save lives,
prevent human suffering, or mitigate property damage following an incident.
1.02. Authority Having Jurisdiction (AHJ): The term “Authority Having Jurisdiction” or “AHJ”
shall mean the government organization, office or official responsible for enforcing the
requirements of a code or standard, or for approving equipment, materials, an installation
or a procedure.
1.03. Department: The term “Department” shall mean either the Indianapolis Fire Department
or the Carmel Fire Department, depending on the context.
1.04. Incident: The term “incident” shall mean an occurrence, natural or human-caused,
requiring a response to protect life or property. Incidents can, for example, include, but
not limited to, major disasters, emergencies, terrorist attacks, civil unrest, fires, floods,
hazardous materials spills, aircraft accidents, earthquakes, tornadoes.
1.05. Incident Commander (IC): The term “Incident Commander” or “IC” shall mean the
individual responsible for all incident activities, including the development of strategies
and tactics and the ordering and release of resources. The Incident Commander has
overall authority and responsibility for conducting incident operations and is responsible
for the management of all incident operations at the incident site.
1.01. Indiana Code (Ind. Code): The term “Indiana Code” or “Ind. Code” shall mean the
statutes of the State of Indiana, formally known as the Indiana Code.
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1.06. Move-Up: The term “Move-Up” shall mean the temporary reallocation or reassignment
of one or more units and/or equipment to a different fire station or location in order to
appropriately cover predetermined geographical response areas.
1.07. Mutual Aid: The term “Mutual Aid” shall mean the timely and efficient sharing of
capabilities in the form of resources and services upon formal request from a
Department.
1.08. Providing Department: The term “Providing Department” shall mean the Department
responding and/or providing aid and assistance to the Receiving Department in the
Service District of the Receiving Department.
1.09. Receiving Department: The term “Receiving Department” shall mean the Department
requesting or receiving aid and assistance in its Service District from the Providing
Department.
1.10. Service District: The term “Service District” shall mean the jurisdictional area of a
Department.
1.11. Special Technical Services: The term “Special Technical Services” shall mean the
specialized or technical training and skills beyond the scope of structural firefighting,
emergency medical services or basic rescue.
SECTION 2. General Terms
2.01. Required Terms Pursuant to Ind. Code 36-1-7-3.
(a) Term of Agreement; Termination.
(1) The term of this Agreement shall begin upon the date this Agreement is fully
executed by the required signatories and shall terminate five (5) years thereafter,
unless terminated earlier in accordance with this Agreement.
(2) This Agreement may be terminated by either party upon thirty (30) days written
notice to the other party. No penalty shall accrue for early termination pursuant
to this Section 2.01(a)(2).
(b) Purpose of Agreement. The purpose of this Agreement is for the parties to provide
each other short-term assistance to fires, medical emergencies, hazardous materials
incidents, technical rescues and other types of emergency incidents that are within
the scope of services provided by fire departments to communities within each
other’s respective jurisdictional boundaries when necessary and called upon.
[continued on next page]
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(c) Administration.
(1) Joint Board.
(A) This Agreement shall be administered by a joint board composed of the Chief
of the Indianapolis Fire Department and the Chief of the Carmel Fire
Department or their designees.
(B) The Board shall meet and confer to address an issue or concern at the
request of either party. The Board shall not have any power to acquire, hold,
or dispose of real or personal property to be used in this Agreement.
(2) Financial Reciprocity.
(A) The parties agree that the services provided and equipment used in this
Agreement shall be provided to one another without cost, except where an
extraordinary event or force majeure results in a substantial loss of equipment
and/or resources, upon which the parties agree to share the costs equally.
(B) Except as provided in Section 2.01(c)(2)(A) above, each party remains
financially responsible for any of its apparatus or equipment that may be lost,
stolen, or damaged, and for any medical expenses incurred by its personnel,
regardless of the jurisdiction in which the loss occurs.
(C) Each Department remains financially independent of the other and the joint
undertaking herein shall not require a budget or financial records separate
from those of each party.
2.02. Attorney General Approval. Pursuant to Ind. Code 36-1-7-4, this agreement shall not
become effective without approval from the Indiana Attorney General, either by
affirmative approval received in writing or by default (pursuant to Ind. Code 36-1-7-4(b)).
Such approval certification is included herein as Exhibit A (attached and incorporated
into this Agreement by reference).
2.03. Response Obligation. Neither party shall be obligated to respond as described in this
Agreement if to do so would endanger the citizens of its Service District or impair its
ability to render emergency fire and medical services within its Service District.
2.04. Automatic Aid Terms; Scope.
(a) In the event of an incident, IFD and CFD agree to dispatch their closest available and
most appropriate apparatus on an automatic basis, regardless of jurisdictional
boundaries.
(b) The apparatus first to arrive at an incident shall have authority and discretion to serve
as the initial Incident Commander until relieved by an official from the Receiving
Department.
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(c) The scope of automatic aid is limited to fire responses, non-transporting medical
emergencies and fill-in.
2.05. Mutual Aid Terms; Scope.
(a) Emergency Assistance. In the event of an incident occurring within a Service
District, the on-scene Incident Commander may request the response of the closest
available equipment or personnel of the Providing Department to assist in bringing
the emergency under control.
(b) Move-Up Assistance. In the event of an incident within a Service District which may
necessitate the need to provide coverage to the areas affected by the incident,
established dispatch protocols may request the response of the closest available
Providing Department’s equipment and personnel to Move-Up to the Receiving
Department’s station or location to provide coverage.
(c) Special Tactics and Rescue. In the event of an incident in a Service District involving
hazardous materials, heavy extrication, water supply, wildland fire suppression,
support lighting or air cascade, the Receiving Department may request the
assistance of the Providing Department’s personnel and specialized equipment. In
such case, CFD and IFD both agree that the Providing Department may bill the
property owner or responsible entity/company for materials used and for services
rendered.
2.06. Incident Command and Control.
(a) The AHJ maintains ultimate responsibility for overall Incident Command, personnel
safety, and accountability.
(b) All responding personnel shall comply with the IC’s directives, regardless of
Department affiliation.
(c) Personnel affiliated with the Providing Department shall have the same powers and
duties as corresponding personnel employed by the Receiving Department, and shall
be subject to all provisions of law as if they were providing services within their own
Service District. See lnd. Code 36-1-7-7.
(d) The Providing Department remains responsible for the medical expenses and
workers compensation of its personnel. See lnd. Code 36-1-7-7.
(e) The IC of the AHJ has responsibility for safety and accountability of all personnel
operating on the incident, regardless of Department affiliation. Each Department has
reviewed all safety, accountability and evacuation procedures and all personnel have
been trained on such procedures prior to the execution of this Agreement.
(f) All reasonable efforts will be made to return the Providing Department’s apparatus to
run ready status within its own Service District as soon as possible.
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2.07. Fire Cause Investigation. The AHJ maintains ultimate responsibility for fire cause and
origin investigation within their Service District.
2.08. Entire Agreement.
(a) This Agreement constitutes the entire agreement between the parties and
supersedes all prior mutual aid and dual response agreements, written or verbal,
between IFD and CFD. No statements, promises or agreements whatsoever, in
writing or verbal, in conflict with the terms of the Agreement have been made by IFD
or CFD which in any way modify, vary, alter, enlarge or invalidate any of the
provisions and obligations herein stated.
(b) Nothing in this Agreement is intended or to be construed as giving any specific
benefits, rights, remedies, or claims to any person or entity, other than the parties.
(c) This Agreement may be amended and modified only in writing signed by both IFD
and CFD.
[SIGNATURE PAGE TO FOLLOW]
EXHIBIT A:
ATTORNEY GENERAL APPROVAL CERTIFICATION
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I, Adam C. Wicker , Assistant Corporation Counsel for the Consolidated City of Indianapolis &
Marion County, submitted the attached Agreement to the Indiana Attorney General on
_______________________ for his approval, pursuant to Ind. Code 36-1-7-4; and either
the Indiana Attorney General provided written approval (attached); OR
the Indiana Attorney General approved the Agreement by default, as he did not
disapprove of the Agreement within sixty (60) days after it was submitted to him
(pursuant to Ind. Code 36-1-7-4(b)).
DATE: ________________________________
_______________________________________
ADAM C. WICKER (#35407-49)
Assistant Corporation Counsel
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Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
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September 2320th
9/20/2023
9/20/2023
9/20/2023
9/20/2023