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Mutual Aid Agreement/CFD/Fishers ........- A.PPROVED 1', -:: TO fORM BY:..lJJ/.:..- Carmel/Fishers Fire Department Dual ResponselMutual Aid Agreement 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; L Dual ResponselMutual Aid Emergencv Assistance 1.1 Pursuant to the request of the Fishers Fire Cbief, in the event ofa 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 Cbief, in the event ofa 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 1 st Alarm - CFD shall respond an engine company on the initial dispatch with FFD on any incident requiring a multiple fire apparatus response to the Hamilton Southeastern Schools building located on Eller Road between 116" Street and 106" Street. 1.4 2,d Alarm - CFD shall respond an engine company on the initial dispatch with FFD on any incident requiring a multiple fire apparatus response in an area from the White River on the West boundary to Allisonville Road on the East boundary and from 116" Street to 106" Street. In addition, the Northside of 116m Street from the White River to the River Glen sub-division, (sub-division is not included). 1.5 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 Hazel Dell Parkway on the West to White River on the East and from 116" Street South to 96th Street. 1.6 In the event of an emergency incident involving hazardous materials or requiring heavy extrication, rope rescue, the use of tankers 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/or party for materials used and services incurred. 1.7 Both CFD and FFD shall respond boats and water rescue personnel on the initial dispatch on any response on White River. CarmellFishers Dual Response/Mutual Aid Agreement 1 ,c b Mutual Aid Stand-by Assistance 2.1 Pursuant to the request of the Fishers Fire Chief, in the eyeni 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 Cannel Fire Chief, in the event .of a major emergency within the Cannel-Clay fire service district requiring the extended . commitment of CFD equipment and persDnnel to the degree that the ability of the CFD t.o render emergency fire and medical services in other areas of its fire service district is severely impaired, the on-scene CFD incident c.ommander may request the response of the closest available FFD equipment and personnel to stand-by at a CFD fire statiDn. 3. Mutual Aid Emergency Medical Services 3.1 In the event .ofa medical emergency within the Cannel-Clay fire service district, CFD may request the reSP.onse of the closest available FFD-BLS and/or ALS E.M.S. apparatus should CFD primary response apparatus be unavailable. 3.2 In the event .of a medical emergency within the Fishers 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 ofa medical emergency in either fire service district, the department providing patient care In the transporting vehicle 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 heavy extrication, water rescue, or high-angle rope rescue, CFD may request the response .of the FFD specialized equipment and personnel. The Cannel Fire Department agrees that FFD may bill the property owner and/or responsible company and/.or party f.or materials used and services incurred. 4.2 InJl!e tw_enJ .of an !llll~rgency incident inyolvinghazardousmateriaIs, or requiring heavy extrication, water rescue, or high-angle rope rescue, FFD may request the response of the CFD specialized equipment and personnel. The Fishers Fire Department agrees that CFD may biIl the property owner and/or responsible company and/or party for materials used and services incurred. i" Incident Command and Control 5.1 The fire department having jurisdiction maintains ultimate responsibility for overall incident command. CarrnellFishers Dual ResponselMutual Aid Agreement 2 r . 5.2 All responding personnel shall comply with the Incident Commander's directives, regardless of the Commander's or personnel's department affLliation. 5.3 . 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. i 5.4 The department providing assistance remains responsible for the conduct of its personnel, for their medical expenses, and for worker's compensation. 5.5 Every effort shall be made to return the assisting department's apparatus to a run- ready status as soon as possible. Q., Fire Cause Investigation 6.1 The fire department having jurisdiction maintains ultimate responsibility for fIre origin and cause wi thin their fire service district. 7. Resoonse Obligation 7.1 The Carmel Fire Department 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 Carmel Fire Department to render emergency fire and medical services within its fIre service district. 7.2 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. Jl Financial Obligation 8.1 Fishers and Carmel agree that the services described in this agreement shall be provided to one another without cost. 8.2 Each department remains financially responsible for any of its equipment or apparatus that may be lost, stolen, or damaged and any medical expenses incurred by its personnel, regardless of the jurisdiction in which the loss occurs. 9. Indemnification 9.1 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, judgment 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 cost of other expenses arising therefrom or incurred in connection therewith. Carmel/Fishers Dual Response/Mutual Aid Agreement 3 . ' 9.2 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, judgment 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 cost of other expenses arising therefrom or incurred in connection therewith. ill Effect 10.1 Once signed, this agreement supersedes any and all other mutual aid agreements between Fishers and Carmel Fire Departments. 10.2 This agreement shall remain in full force and effect until modified or terminated by mutual written consent ofthe parties or upon thirty (30) days written notice by either party to the other party. CarrnellFishers Dual, Response/Mutual Aid Agreement 4 Additional Terms and Conditions The following additional terms and conditions shall apply to and govern that certain document entitled Carme1!Fishers Fire Department, Mutual Aid Agreement, ("the Agreement"), dated "5~1I41ut I P , 20 d~, 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. Not withstanding anything to the contrary, the 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. Not withstanding 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 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. Itissoagreed,this I f-M daYOf$"Cof..r~lut ,2019(,. a~ Town of Fishers Fire Chief Approved by the City of Carmel by and through the Board of Public Works and Safety. ity of Carmel Mayor Boar [Public.Works and Safety - ATTEST: ~ ~ l71-~hnSO~ Deputy Clerk for City of /-bvl" /1-1..e.MOW CarmellFishers Dual ResponselMutual Aid Agreement 5 ~