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CFD/Pike Twp Fire Dept/Mutual Aid Agreement Mutual Aid Agreement between the Pike Township Fire Department and the Carmel Fire Department July 1, 2010 I. Purpose This agreement is being entered into in accordance with IC 36- 1- 7 -2(b) and IC 36- 1 -7 -12, which is an agreement for the exchange of firefighting services supplies and equipment. II. Definitions "Party" means Pike Township Fire Department and Carmel Fire Department. "Requesting Official" means the person designated by a Party who is responsible for requesting assistance from the other Party. "Requesting Party" means a party that requests assistance from the other party. "Responding Official" means the person designated by a party who is responsible to determine whether and to what extent that party will provide assistance to a Requesting Party. "Responding Party" means a party that provides assistance to a Requesting Party. "Assistance" means fire and /or emergency medical services personnel and /or associated equipment. "Specialized Activities" means non emergency assistance to include but not be limited to: fire investigators, fire inspectors, fire educators, fire instructors, training personnel and associated equipment and facilities. III. Parties The parties of this agreement shall consist of the Pike Township Fire Department and the Carmel Fire Department. IV. Procedure Subd. 1. Request for Assistance Whenever, in the opinion of a Requesting Official, there is a need for assistance from the other party, the Requesting Official may call upon the Requesting Official of the other party to furnish assistance. Specialized activities of a non emergency nature may also be requested and /or provided by the Parties of this Agreement. Subd. 2. Response to Request Upon the request for assistance from a Requesting Party, the Responding Official may authorize and direct his /her party's personnel to provide assistance to the Requesting Party. This decision will be made after considering the needs of the responding party and the availability of resources. Subd. 3. Recall of Assistance The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interest of the Responding Party to do so. Subd. 4. Command of Scene The Requesting Party shall be in command of the mutual aid scene. All mutual aid operations will be carried out according to the National Incident Management System (NIMS). The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party until the Responding Official withdraws assistance. V. Workers' Compensation Each party shall be responsible for injuries or death of its own personnel. Each party will maintain workers' compensation insurance or self insurance coverage, covering its own personnel while they are providing assistance pursuant to this agreement. Each party waives the right to sue any other party for any workers' compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any party or its officers, employees, agents or volunteers. VI. Damage to equipment Each party shall be responsible for damages to or loss of its own equipment. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees or volunteers. VII. Liability Subd. 1. The Requesting Party agrees to defend and indemnify the Responding Party against any claims brought or actions filed against the Responding Party or any officer, employee, of the Responding Party for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of assistance in responding to a request for assistance by the Requesting Party pursuant to this agreement. Subd. 2. The intent of this subdivision is to impose on each Requesting Party a limited duty to defend and indemnify a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limits of liability under Indiana Code. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among defendants, and to permit liability claims against multiple defendants from a single occurrence to be defended by a single attorney. Subd. 3. No party to this agreement nor any officer of any Party shall be liable to any other Party or to any other person for failure of any party to furnish assistance to any other party, or for recalling assistance, both as described in this agreement. VIII. Charges to the Requesting Party Subd. 1. A Responding Party to this agreement will levy no charges for assistance rendered to a Requesting Party under the terms of this agreement unless the assistance provided for a single incident response or a group of associated incidents continues for a period of more than eight (8) hours. The Requesting Party shall regardless to the length of time of assistance, reimburse the Responding Party for supplies used. If assistance provided under this agreement continues for more than eight (8) hours, the Responding Party will submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial eight (8) hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party shall reimburse the party providing the assistance for that amount. Subd. 2. Such charges are not contingent upon the availability of federal or state government funds. IX. Duration This agreement will be in force from the date of execution and notification by Pike Township Fire Department and Carmel Fire Department. Either party may withdraw from this agreement upon thirty (30) days written notice to the other party or parties to the agreement. X. Execution Subd. 1. Once signed, this agreement modifies and supersedes any and all other mutual aid agreements between Pike Township Fire Department and Carmel Fire Department. Subd. 2. 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. It is so agreed, this Ao day of C 0( 20 f'D OP Pike Towns ip stee Carmel Fire Department City of Carmel Mayor Pike Township Fire Chief Carmel Fire Chief IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety By: By: es Brainard, Presiding fficer Authorized Signature Date: /®4.2 d le Printed Name M. ry An' Burke, Mem er Date: /0 "lC] Title Lorif on, Me ber FID/TIN: Date: (V z, t 12 SSN if .ole Proprietor: ATTEST: Dat» 4 'iana Cordray, IAM Clerk- Treasurer Date: %D -fit 6 [Z:\shared \Professional Service Goods &Services Forms \Goods Services Rev 5- 06- 07.doc: 10/6/ 3:25 PM]