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Pike Twp/Carmel Fire Depts.APPROVED, AS TO FORM BY: 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 Curmel 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 been reached pursuant to I.C. 36-1-7: 1. MUTUAL AID - EMERGENCY 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 Pl'lq.~ 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 thc Pike Township service dish'ict requiring the extended commitment of PTFD equipment and personnel to the degree that the ability of the PTFD to render emergency fire and medical services in other areas of its service district is severely impaired, the on-scene PTFI) 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 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 commitment of CFI) 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 CFI) incident commander may request the response of the closest available PTFD 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 PTFD 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 CFD BLS/ALS E.M.S. apparatus should PTFD primary 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 lncident Commander's directives, regardless of the Commander's or personnel's department affiliation. [8/18/89] 5.1-2 Personnel affiliated with the assisting fire 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 assisted department. 5.1-3 5.1-4 The department providing assistance remains responsible for thc conduct of its personnel and for their medical expenses and ~sorkers' compensation. The Incident Commander of the fire department having jurisdiction has responsibility for safety and accountability of all personnel operating on the incident. Safety and accountability procedures for each department should be reviewed and trained on prior to the sigmng of this agreement. Evacuation procedures should also be established and trained on by both departments. 5. 1-5 Trainifi~' shall be furnished on an as needed basis by each department on the areas covered in 5.14 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 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 Depamnnnt shall not be obligated to respond as described in this agreement if to do so would endanger the citizens of City of Carmel service district or impair the ability of the City of Carmel Fire Department to render emergency fire and medical services within its service .di.slrict. 7.2 The Pike Township Fnn Department 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 wiflfin its service district. 8. FINANCIAL OBLIGATION 8.1 Pike Township and die City of Carmel agree that the services described in this agreement shall be provided to one another without cost. 8.1- I Each department remains financially responsible for any of its equipment or apparatus that may be lost, stolen, or damaged and for any medical expenses incurred by its personnel, regardless of thc jurisdiction in which the loss occurs. 9.1 Pike Township ag~es to indemnify and hold harmless the City of Carmel, Hamilton County, die Carmel Fire Depamnent 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 Pike Township, the Pike Township Fkre Department and their officers, agents or employees in connection with this agreement. Such indemnity shall include attorney fees and ail 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 Township, the Pike Township Fire Department and their officers, agents, and employees fi'om any and all claim or threat of claim, loss, liability, judgment or lien arising out of the negligence of die 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 incurred in connection therewith. 9.3 Notwithstanding anything to the contrary conta ned hereinabove, either party's liability with respect to its obligation to indemni13' 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 allowed under the Indiana Tort Claims .Act, lC 34-4-16.5-4, as amended, at the time of claim or (c) the amount allmsed under the Indiana Tort Claims Act, as ameuded, at the time of execution of this Agreement. [8/18189] 10. EFFECT 10.1 Once signed, this agreement modifies and supersedes any and ail other mutuai aid - duai response agreements between Pike Township Fire Department and Carmel Fire Department. 10.2 This agreement shail remain in full force and effect until modified or terminated by mutual written consent of the patties or upon thirty (30) days written notice by either party to the other party. ~t i~,o weed, ~is (5~ day of C-'/z-~z-e-~ , 20 az. Pil~ Tow~l~p l;rustee 3