D-1579-02 CFD/FishersORDINANCE NO. D-1579-02
SPONSOR(S):. Councilor Batreall
AN' ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
APPROVING AND ADOPTING INTERLOCAL AGREEMENT
· WHEREAS, Indiana Code 36-1-7 authorizes cooperation endeavors between municipalities so as to
better and more economically and efficiently serve the public health, safety and welfare; and
WHEREAS, Indi. ana Code 36-1-7-2 authorizes the Common Council to approve such "interlocal
agreements;" and
WHEREAS, the "interlocal agreement" by and between the City of Carmel, Indiana and Fishers Fire
Department, Hamilton 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 ("Interlocal Agreement"), is in the best
interests of the City of Carmel and its residents.
NOW, THEREFORE, BE IT ORDAIN'ED by the Common Council of the City of Carmel, Indiana,
as follows:
Section 1. The ~foregoing Recitals are fully incorporated herein by this reference.
Section 2. The Interlocal Agreement should 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 ~o file a copy of the Interlocal Agreement with the
Hamilton County Recorder and State Board of Accounts within the time periods established by law.
Section 4. This Ordinance shall be in full force and effect from and after the date of its .passage,
execution by the Mayor and such publication as is required by law.
· ~__~d~y
PASSED by the Common Council of the City of Carmel, Indiana, this b of , ,
21302, by a vote of [_~ ayes and t~ nays.
/ z~¢~ COMMON COUNCIL FOR THE CITY OF C~EL, ~A
~- . ~' , ' Pro Tempore
/~nald E. ca'er
ATTEST:
Prepared by Douglas C. Haney, Caimel City Attorney
200500014021
Filed tor Record in
NAfllLTON COUNT¥~ INDIANA
JENNIFEE J HAYDEN
03-07-2005 A~ 04:10 ,~.
ORDINANCE 21.00
SPONSOR(S): Councilor Batreall
Pr.ese.n.ted by me to th~*/[.ayor of the City of Carmel, Indiana, at ~ ''f'-~) o'clock ~_._. m. on the
Diana L. Cord~y,~X~,, Cle~-~Treasurer' ~/ '~
Approv. ged by me, Mayor of the City of Carmel, Indiana, at ~?' o'clock _j~_. m.
this
of '~r~t, ~ ,2002.
J~es Bminard, Mayor
ATTEST:
Diana L, cordra~, ~, Clet~-Treasurer
Ord/nance No. D- 1579-02
Page Two of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
Carmel/Fishers
Fire Department
Dual Response/Mutual Aid Agreement
APPROVED, AS TO
FOaM
Resulting from discussions among officials of the Carmel Fire Department (CFD), and
the Fishers Fire Department (FFD), Hamilton County, Indiana pertaining to the provision
of optimum fire and emergency medical services within their jurisdictional boundaries,
the following agreement has been reached pursuant to I.C. 36-1-7;
1. Dual Response/Mutual Aid Emergency Assistance
PUrsuant to the request of the Fishers Fire Chief, in the event of a major
emergency occurring within the Fishers fire service district, the on-scene
FFD 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 Carmel Fire Chief, in the event 0fa major
emergency occurring within the Carmel-Clay fire service district, the on-
scene CFD incident commander may request the response of the closest
available FFD equipment and personnel to bring the emergency under
control.
1.3
CFD shall respond an engine company on the initial dispatch with FFD on
any incident requiring a multiple fire apparatus response in an area fr~m
the White River on the West boundary to Allisonville Road on the East
boundary and from 116th Street to 106th Street. In addition, the Northside
of 116th Street from the White River to the River Glen Sub-division, (Sub-
division is not included). ~
1.4
FFD shall respond an engine company on the initial dispatch with CFD on
any incident requiring a multiple fire apparatus response in an area from
Gray Road on the West to White River on the East and from 126th Street
South to 106th Street.
1.5
In the event of an emergency incident involving hazardous materials or
requiring heavy extrication, rope rescue, the use of tarhkers and etc,, either
department may request the response of specialized equipment and
personnel. Both departments agree that the responding party may bill the
property owner and/or responsible company and/o.r party for materials
used and services incurred.
1.6
Both CFD and FFD shall respond boats and water rescue personnel on the
initial dispatch on any response on White River.
2. Mutual Aid Stand-b,/Assistance.
I
2.1
Pursuant to the request of the Fishers Fire Chief, in the event of a major
emergency within the Fishers fire service district requiring the extended
commitment of FFD equipment and personnel to the degree that the ability
of the FFD to render emergency fire and medical services in other areas of
its fire service district is severely impaired, the on-scene FFD incident
commander may request the response of the closest available CFD
equipment and personnel to stand-by at a FFD fire station.
2.2
Pursuant to the request of the Carmel Fire Chief, in the event of a major
emergency within the Carmel-Clay fire service district requiring 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 fire service district is severely impaired, the on-scene
CFD incident commander may request the response of the closest
available FFD equipment and personnel to stand-by at a CFD fire.station.
Mutual Aid Emergency Medical .Services.
3.1
In the event of a medical emergency within the Carmel/Clay fire servi~e
district, CFD may request the response of the closest available FFD-BLS
and/or ALS E.M.S, apparatus should CFD pr/mary response apparatus be
unavailable.
3.2 In the event of a medical emergency within the Fish~s fire service district,
FFD may request the response of the closest available CFD-BLS and/or
ALS E.M.S. apparatus should FFD primary response apparatus be
unavailable.
3.3 In the event of a medical emergency in either fire service district, the
department providing patient care in the transporlcine vehicle shall
maintain sole responsibility for patient billing.
Incident Command and Control.
4.1
The Fire Department having jurisdiction maintains ultimate responsibility
for overall incident command.
4.2
All responding personnel shall comply with the Incident Commander's
directives, regardless of the Commander's or pers.onnel's department
affiliation.
4.3
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.
2
4.4
The department providing assistance remains responsible for the conduct
of its personnel, for their medical expenses, and for worker's
compensation.
4.5
Every effort shall be made to return the assisting department's apparatus
to a run-ready status as soon as possible.
Fire Cause Investi~,ation.
5.1 The fire department having jurisdiction maintains ultimate responsibility
for fire origin and cause within their fire service district.
~esponse Obligation.
6.1
The Carmel Fire Dcpartment shall not be obligated to respond as
described in this agreement if to do so would endanger the citizens of
Carmel-Clay fire service district or impair the ability of the Cannel Fire
Department to render emergency fire and medical services within its tim
service district.
6.2
The Fishers Fire Department shall not be obligated to respond as described
in this agreement if to do so would endanger the citizens of Fishers fire
service district or impair the ability of the Fishers Fire Department to
render emergency fire and medical services within its fire service district.
Financial Obligation.
7.1
Fishers and Carmel agree that the services de§cribed in ~his agreement
shall be provided to one another without cost.
7.2
Each department remains fmanciaily responsible for any of its equipment
or apparatus that may be lost, stolen, or damaged and the any medical
expenses incurred by its personnel, regardless of the jurisdiction in which
the loss occurs.
Indemnification.
8.1
The Town of Fishers agrees to indemnify and hold harmless the City of
Carmel, its Fire Department and their officers, agents, and employees
from any and all claim or threat of claim, loss, liaBility, judgement or lien
arising out of negligence of the Town of Fishers, the Fishers Fire
Department and their officers, agents or employees in connection with this
agreement. Such indemnity shall include attorney fees and all costs of
other expenses arising therefrom or incurred in connection therewith.
8.2
Effect.
The City of Carmel agrees to indemnify and hold harmless the Town of
Fishers, its Fire Department and their officers, agents, and employees from
any and all claim or threat of claim, loss, liability, judgement or lien
arising out of negligence of the City of Carmel, the Carmel Fire
Department and their officers, agents or employees in connection with this
agreement. Such indemnity shall include attorney fees and all costs of
other expenses arising therefrom or incurred in connection therewith.
9.1
Once signed, this agreement supersedes any and all other mutual aid
agreements between Fishers and Carmel Fire Departments.
This agreement shall remain in full force and effect until modified or
terminated by mutual written consent of the parties or upon thirty (30)
days written notice by either party to the other party.
Additional Terms and Conditions
-The following additional terms and conditions shall apply to and govern
that certain document entitled Carmel/Fishers Fire Department, Mutual Aid
Agreement, ("the Agreement"), dated . ,20 , by and
between the City of Carmel Fire Department (the "CFD") and the Town of
Fishers Fire Department (the "FFD") governing the provision of optimum fire and
emergency medical services along and adjacent to the Fishers/City of Carmel
Boundary.
Notwithstanding anything to the contrar,-f, thi City of Carmel's liability
with respect to its obligation to indemnify and hold Fishers 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, IC 34-4-16.5-4, as
amended, at the time of claim or the amount allowed under the Indiana
Tort Claims Act, as amended, at the time execution of the Agreement.
Notwithstanding anything to the contrary, Fishers liability with respect to
its obligation to indemnify and hold City of Carmel harmless shall be
limited to the maximum of the lesser of(a) the amount of insurance
coverage for such claim in effect at the time of the claim or (b) the amount
allowed under the Indiana Tort Claims Act, IC 34-4-16.5-4, as amended,
at the time of claim or the amount allowed under the Indiana Tort Claims
Act, as amended, at the time of execution of the Agreement.
It is so agreed, this
day of __,20
4
Fishers Tc
Fishers Fire Chief
C~rmel Fill; Chief
Approved by the City of Carmel by and through the Board of Public Works and Safety.
cCAty of Carmel Mayor
Bo~trd off P,~blic Works and Safety
ATTEST:
Clerk Trea~ur~' ~,,f (~ -' .~
Board of Public Works and Safety