D-1580-02 CFD/Pike Twp _, SPONSOR(S): Councilor Battreall
ORDINANCE NO. D-1580-02
AN ORDINANCE OF THE COMMON COUi'NCIL OF THE CITY OF CARMEL, INDIANAI
APPROVING AND ADOPTING INTERLOCAL AGREEMENT
WII]EREAS, 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, Indiana 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 Pike
To;vnship Fire Department, Hamilton County, Indiana, pertaining [o 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 ORDAINED 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 to file a copy of the knterlocal Agreement with the
Hamilto¢ 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.
PASSED by the ~ommon CounciI of the CiW of Carmel, Indiana, ihis/rT'd~a~y ~~'t-~ ,
2002, by a vote of C,¢ ayes and ~ nays. --
,~ MMON COUNCIL THE
WLvne A. Wilson Yesident Pro Tempore
//,~Id E. Carter AqWEST:
D,ana L. Cordga~4C, Clgrk-Treasurer d
Page One of Two Pages
Prepared by Deuglas C. Haney, C~rmel City Attorney
200500014020
Filed for' Record in
HAMILTON COUNTYr INDIANA
JENNIFER J NAYDEN
03-07-2005 A~ 04:10
ORDINANCE 17.00
SPONSOR(S): Councilor Battreall
day of /' ~ tk/l.L~ .2002.
Diana L. Cordr~, ~t~M~,,-Cler~Treasurer
Approv. y_ed by me, Mayor of the City of Carmel, Indiana, at ~/,.Z._~$ o'clock fig. m. ~is ~
f~s Brainard, Mayor
ATTEST:
ltl
Diana L. Co d ,
Ordinance No. D-1580-02
Page Two of Two Pages
Prepared by Douglas C. Haney, Carmel City Attorney
APPROVED, AS 1'O
8/281OO
PIKE TOWNSHIP / CITY OF CARMEL
FIRE DEPARTMENT
MUTUAL AID AGREEMENT
Resulting from discussions among officials of the Pike Township Fire Depaxtment (PTFD), Marion County, Indiana and the City of Cannel Fire
Departmem (CFI)), 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 ranched 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 occorring within the Pike Township service
district, the on-scene P'i PI) incident commander may request the response of the closest available CFI) 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 CFI) incident commander may request the response of the closest available pTFD equipment and personnel to
bring the emergency under control.
;z. MUTUt~. ,~0 - MOVE-UP ASSISTANCE
2.1 Pursuant to the request of the Pike Township Fire Chief, in the event of a major emergency within the Pike Township service district
requi~g the extended commitment of PTFD equipment and personnel to the degree that the ability of the PTFD to render emergency
rue and medical services in other areas of its service district is severely impaired, the on. scene PTFD 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
requiting the extended commitment of CFI) equipment and personnel to the degree that the ability of the CID to render emergency
fire and medical services in other areas of its service district is severely impaired, the on-scene CFD incident cowanander may request
the response of the closest available PTFD equipment and per~ormel to move-up to a.CFD fn'e station.
3. MUTUAL AID - EMERGENCY MEDICAL SERVICES
3.1 In the event of a medical emergency within the City of Carmel service district, CFI) may request the response of the ciosast available
PTFI) BLS/ALS E.M.S. apparatus should CFD primary response apparatus be unavailable.
3.2 In the event of a medical emergency within the Pike Township service district, PI t.v may request the response of the closest available
CFI) BLSIAL~; E.M.S. apparatus should PIPD primary response apparatus be unavailable.
3.3 In the event of a medical emergency in either fire service district, the tram~rting department shill maint~n sole responsibility for
patient billing.
MI~rI~A~. AID - SPECIAL TACTICS AND RESCUE
4.1 In thc event of an emergency incident involving hazurdons materials, ur ~u~ng w~er rescue, collapse revue, ~-~gle m~ rescue,
or heavy ex~on in eider s~ &strict, ~e de~m in n~ ~y ~quest thc ~sis~co of ~ o~'s ~sonnel ~d
s~ifli~ equi~nt. Bo~ depots agree that the ~sisting dep~t may bill ~e property o~er m~or ~ns~le co~y
for ~tefifls u~ ~d ~ices in~d.
5. INCIDENT COMMAND AND CONTROL
· 5.1 The fire department having jurisdiction r~ntains ultimate responsibility for overall incident command, safety, and accountability.
5.1-I All responding personnel shall comply with the Incident Commander's directives, regardless of the Commander's or
personnel's department affiliation.
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5.1-2
Personnel affiliated with thc assisting fire deparmgnt shall have the same powers and duties as corresponding
personnel employed by the assisted depaXment, bet only for the igriod they are engaged in activities authorized by the
assisted department.
5.1-3 The depanraent providing assistance remains responsible for the conduct of its personnel and for t heir medical ex pauses
and workers' compensation.
5.1-4 The Incident Commander of tb.e fire department having jurisdiction ha~ responsibility for safety a~d accountability of
all personnel operating on. the incident. Safety and accountability procedures for each departmcm should be reviewed
and trained on prior to thc signing of this agreement. Evacuation procedores should also be established and trained on
by both depamnents.
5.1-5 Tralnitii'shall hc furnished on an as needed basis by each depanraent on the arena covored in 5. I-4 above. (Firegrnund
safety, accountability, cvacanfion procedures, and standard company function~.)
5.1-6 Every effort shall be made to return the assisting department's apparatus to a ran-ready status as soon as feasibly possible.
6. FIRE CAUSE INVEST/GAFION
6.1 The tiro depa.n~efit~aLfing jurisdiction maintains ultimate responsibility for fire cans¢ and origin investigation within their service
district.
7. RESPONSE OBLIGATION
7. I The City of Carmel Fu'e Depastmont shall not be obligated to respond as described in this agzeeraent if to do so would endanger the
citizens of City of Carmel service disuict or impair the ability of the City of Cacmel Fire Department to reader emergency fire and
medical services withth its service .di~'ict.
7.2 The Pike Township F'tre Deparanent shall not be obligated to respond as described in this agreement if to do so would endanger the
citizens of Pike Township or impal~ the ability of the Pike Township Fire Department to render emergency fire and m~dical services
within its service district.
8. FINANCIAL OBLIGATION
8.1 Pike Township and the City of Cannel agree that the services described in this agreement shall be provided to one another without cost.
8.1-1 Each department remains financially responsible for any of its equipment or appa~m~~t ~ may be lnsL stolen, or damaged
and for any reed/cai expenses incunnd by its personnel, regardless of the joriM/ction in wh/ch the loss occors.
9.1ND ' AFl N
9.1 Pike Township agrees to indemnify and hold harmless thc City of Carmel, Hamilton County, the Carmel Fire Department and their
officers, agents, and employees from any and all clalln or threat of claim, loss, liability, judgment or lien arising out of thc negligence
of Pike Tow~bip, the Pike Town,hip F'u'e Department and their officers, agents or employees in connection with this agreement
Such indemnity shall include attorney fees and ail coats of other expenses arising there from or incurred in cnn~ectien therewith.
9.2 The City of CarmcL Hamilton County, and thc Cannel F'~e Department ag~cs to indemnify and hold harmless Pike Township, the Pike
Township Fire Depamnent and their officers, agents, and employees f~ora any and all claim or tltreat of claim, loss, liability, judgment
or lien ~ising out of the negligence of ~h¢ City of Carmel, Hamilton County, the Carmel Fire Department and thalr officers, agents or
employees in connection with this agreement. Such indemnity ~t~I! include attorney fees and all costs of other expenses arising there
from or incurred in connection therewith.
9.3
Notwithstanding anything to the contras' contained hereinabove, either party's liability with respect to its obligation to
indemnify and hold the other harmless shall be limited to the maximum of the lesser of (a) the amount of insurance
coverage t~r such claim and in effect at the time of the claim or (b) the amount alinwed under the Indiana Tor~ Claims Act.
lC 34-4-16.5-4, as amended, at the time of claim or (c) the amount allo~ved under the Indiana Tort Claims Act, as amended.
at the time of execution of this Agreement.
2
[8/18/89]
10. E~'TECT
10.1 Once signed, fl~,ds agreement modifies ~ supersedes any and all other mutual aid - dual response agreements b~twegn Pike Townskip
Nire Depa~ment and Csrm~l Fire Department.
10.2 This agreement shall remain in full force and eff~t until modified or terminat~ by mutual written consent of the patties or upon thirty
(30) days written notice by either patty to the other party.
wnship Hre C~iaf
'~ CiD of Carmal Mayor
C~I Fire CMcf