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Pike Township Fire Dept & Marion County/Fire/Mutual Aid Agreemente CITY OF CARMEL FIRE DEPARTMENT/PIKE TOWNSHIP FIRE DEPARTMENT MARION COUNTY MUTUAL AID AGREEMENT This agreement for Mutual Aid (the "Agreement") is hereby made and entered into pursuant to I.C. 36- 1-7 etseq., by and between the Pike Township Fire Department, Marion County, Indiana ("PTFD"), and the Carmel Fire Department, Hamilton County, Indiana ("CFD"), for the purpose of providing optimum fire and medical services to each community and along and adjacent to their respective jurisdictional boundaries. 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, and/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 or Event occurring within the PTFD 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 and /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 Secondary 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 BLS/ALS apparatus. The transporting department shall maintain sole responsibility for patient billing. 5. MUTUAL AID —SPECIAL TATICS 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 and / or air cascade, the Local Department may request the assistance of the Secondary Department's personnel and specialized equipment. In such case, CFD and PTFD both agree the Secondary Department may bill the property owner and / or responsible person or company for materials used and 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. 6.4 The Secondary Department remains responsible for their medical expenses, workers' compensation and for and any salaries and / or benefits of its personnel. In addition, PTFD shall be responsible for providing to its personnel all benefits provided by I.C. 36-8-12, et seg., 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 Training shall be furnished on a quarterly basis by each department with regard to the areas described in paragraph 6.5 above, which include, but are not limited to, fireground safety, accountability, evacuation procedures and all personnel have been trained on such procedures prior to the execution of this Agreement. 6.7 The parties agree to make every reasonable effort to return the Secondary Department's apparatus to run -ready status as soon as possible. 7. FIRE CAUSE INVESTIGATION 7.1 The Local Department maintains ultimate responsibility for fire cause and origin investigation within their Service District. 8. RESPONSE OBLIGATION 8.1 Neither Department shall be obligated to respond as described I 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 Pike Township, Marion County and the City of Carmel agree that the services described in this Agreement shall be provided to one another without cost, and that no additional staffing shall be required nor monies received of disbursed by joint undertaking entered into herein. 9.2 Each Department remains financially responsible for any of its equipment or apparatus that may be lost, stolen or damaged and for medical expenses incurred by its personnel, regardless of the Service District in which the loss occurs. 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 and / or held by the joint undertaking entered into herein. 9.4 Each Department remains financially independent and the joint undertaking herein shall not require a budget and/or financial records separate from those of each party. 10. INDEMNIFICATION 10.1 Pike Township Marion, County and the Pike Township Fire Department agree to indemnify and hold harmless the City of Carmel, and the Carmel Fire Department and their officers, agents and employees from and against any and all claims or threats of claims, losses, liabilities, judgments and /or liens arising out of negligence of Pike Township Marion County, and the Pike Township Fire Department and their officers, agents and/or employees in connection with this Agreement. Such indemnity shall include attorney fees and all costs or other expenses arising therefrom or incurred in connection with. 10.2 The City of Carmel and the Carmel Fire Department agree to indemnify and hold harmless Pike Township, Marion County and the Pike Township Fire Department and their officers, agents and employees from and against any and all claims or threats of claims, losses, liabilities, judgments and /or liens arising out of negligence of the City of Carmel and the Carmel Fire Department and their officers, agents and/or employees in connection with this Agreement. Such indemnity shall include attorney fees and all costs or other expenses arising therefrom or incurred in connection with. 11. ADMINISTRATION 11.1 This Agreement shall be administered by a joint board composed of the Pike Township Fire Chief and the Carmel Fire Chief (the "Board") 11.2 The Board shall meet at the request of either party to this Agreement. 12. EFFECT 12.1 This Agreement modifies and supersedes and all other mutual aid/dual response agreements between the Pike Township Fire Department and the Carmel Fire Department. 13. MODIFICATION AND TERMINATION 13.1 This Agreement shall remain in full force and effect until modified or terminated. 13.2 This Agreement may be modified and /or terminated upon mutual consent of the parties hereto or upon thirty (30) days written notice by either party to the other party. 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. City of Carmel Fire Department by and through its Board of Public Works and Safety: By: G James Brainard, Mayor Date: �/ — 2 L' ~/ Lori Wgtsaf , Member Date: r (p By: Mary Annurke Membef Chris/ in P� uley �, Cler Tr. a urer B w "`-tA� Carmel Fire Department Fire Chief FROV. 4 4 WW I. �Wl �M, Pike Township Trustee Date: ,--�� By: Pike Township Fire Department Fire Chief Date: