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Mutual Aid Indianapolis Fire Dept - UNEXECUTEDMUTUAL AID AGREEMENT ✓�i S Pb i Q Y�� JAO BETWEEN the CITY OF CARMEL FIRE DEPARTMENT and the CITY OF INDIANAPOLIS FIRE DEPARTMENT This agreement for Mutual Aid (hereinafter "Agreement") is made and entered into pursuant to I.C. 36-1-7 et. seq. by and between the Indianapolis Fire Department, Marion County, Indiana ("IFD"), and the Carmel Fire Department, Hamilton County, Indiana ("CFD"), for the purpose of providing optimum fire and medical services to each community along and adjacent to their respective jurisdictional boundaries. In further of this purpose, the parties agree to the following terms and conditions: 1. Definitions: a. "Incident Commander" shall mean the commander for the Local Department in charge of any particular scene of department response. b. "Local Department" shall mean the department having jurisdiction over an incident. c. "Major Emergency" shall mean a situation which requires the commitment of greater than ordinary amounts of supplies, equipment, or personnel. d. "Move -Up" shall mean the act of placing departmental personnel and/or equipment at a different fire station or location for the purpose of manning such station or location. e. "Primary Response Apparatus" shall mean apparatus responsive on the initial alarm and/or dispatch. f. "Secondary Department" shall mean the department that is providing assistance to the Local Department. g. "Service District" shall mean the jurisdictional area of the respective Departments. 2. MUTUAL AID — EMERGENCY ASSISTANCE In the event of a Major Emergency occurring within the IFD or the CFD Service District, the Fire Chief of the Local Department, or the on -scene Incident Commander may request the response of the closest available equipment or personnel of the Secondary Department to assist in bringing the emergency under control. 3. MUTUAL AID — MOVE — UP ASSISTANCE In the event of a Major Emergency within either Service District which requires the extended commitment of the Local Department's equipment and personnel to the degree that the ability of the Local Department to render emergency and medical services in other areas of its Service District are severely impaired, the Incident Commander may request the response of the closest available Second Department's equipment and personnel to Move —Up to a Local Department station or location. 4. MUTUAL AID — EMERGENCY MEDICAL SERVICES In the event of a medical emergency within either Service District at a time when the Local Department's primary response apparatus is unavailable, the Local Department may request the response of the closest available Secondary Department Transporting or Non -Transporting Basic Life Support/ Advanced Life Support ("BLS/ALS") apparatus. The transporting department shall maintain sole responsibility for patient billing. 5. MUTUAL AID — SPECIAL TACTICS AND RESCUE In the event of an emergency incident in either Service District involving hazardous materials, heavy extrication, water supply, wildland fire suppression, support lighting or air cascade, the Local Department may request the assistance of the Secondary Department's personnel and specialized equipment. In such case, CFD and IED both agree the Secondary Department may bill the property owner or responsible person or company for materials used and for services rendered. 6. INCIDENT COMMAND AND CONTROL 6.1 The Local Department maintains ultimate responsibility for overall incident command, safety, and accountability. 6.2 All responding personnel shall comply with the Incident Commander's directives, regardless of Department affiliation. 6.3 Personnel affiliated with the Secondary Department shall have the same powers and duties as corresponding personnel employed by the Local Department, and shall be subject to all provisions of law as if they were providing services within their own Service District. See I.C. 36-1-7-7. 6.4 The Secondary Department remains responsible for the medical expenses and workers compensation of its personnel. See I.C.36-1-7-7. 6.5 The Incident Commander of the Local Department has responsibility for safety and accountability of all personnel operating on the incident. 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. 6.6 All reasonable effort will be made to return the Secondary Department's apparatus to run- ready status within its own Service District as soon as possible. 7. FIRE CAUSE INVESTIGATION The Local Department maintains ultimate responsibility for fire cause and origin investigation within their Service District. 8. RESPONSE OBLIGATION Neither Department shall be obligated to respond as described in this Agreement if to do so would endanger the citizens of its Service District or impair the ability of such Department to render emergency fire and medical services within its Service District. 9. FINANCIAL OBLIGATION 9.1 The services described in this Agreement shall be provided to one another without cost to the other and that no additional staffing shall be required. 9.2 Each party remains financially responsible for any of its equipment or apparatus that may be lost, stolen or damaged. 9.3 No real personal property may be acquired, held or disposed of by the joint undertaking entered into herein except as mutually agreed by the parties hereto or as expressly set forth herein. Upon termination of this Agreement, the parties shall mutually agree as to disposal of such property, if any, as may have been acquired or held by the joint undertaking entered into herein. 9.4 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. 10. FINANCIAL LIABILITY Each party to this Agreement shall be responsible for its own acts or omissions and any claims, liabilities, injures, suits, demands or expense of any kind that may result or arise out of any alleged conduct that party, its officers or employees in the performance or omission of any act or responsibility of that party under this agreement. In the event a claim is made against either or both parties, the intent of the parties is to cooperate in the defense of said claim and to cause an insurer, if any, to do likewise. However, each party shall have the right to take any action it believes necessary to protect its interests. 11. ADMINISTRATION 11.1 This Agreement shall be administered by a joint board composed of the Chief of the Indianapolis Fire Dept. and the Chief of the Carmel Fire Dept. ("Board"). 11.2 The Board shall meet and confer to address an issue or concern at the request of either party. 12. EFFECT 12.1 This Agreement modifies and supersedes and all other mutual aid or dual response agreements between the Indianapolis Fire Department and the Carmel Fire Department. 12.2 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 13. MODIFICATION AND TERMINATION 13.1 This Agreement shall remain in full force and effect until modified or terminated; but shall expire after 5 years from the date of Approval. 13.2 This Agreement may be modified or renewed upon written agreement signed by both parties. 13.3 This Agreement may be terminated any either party upon thirty (30) days written notice to the other. 14. APPROVAL This Agreement shall be in force and effect upon its passage and signing by the parties below and the passage and signing of an approval resolution by the Common Council of the City of Carmel, whichever event occurs last. A copy of the resolution will be provided to IFD upon its approval. (Signature page to follow) SO AGREED: City of Carmel Fire Department by and through its Board of Public Works and Safety: City of Indianapolis, Department of Public Safety, for and on behalf of the Indianapolis Fire Department: en f By: / /`t 0 � sBy: James Brainard, Mayor Date: By Lori Watson, Member a- IIS Date: B Mary An Burke, Member Date: ATTEST a L. Cordray, Clefreasurer By: Carmel Fire Department Fire Chief Dr. David Wantz, Interim Director, DPS Date: Approved as to form and legality: By: Richard McDermott, Asst. Corporation Counsel Date: Approved for Execution: By: Matthew R. Kimmick, City Controller Date: Sandra M Johnson Deputy Clerk Fur.