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CFD/Fishers Fire Department/Mutual Aid Agreement Carmel/Fishers Fire Department Dual Response/Mutual Aid Agreement APFfnoV_ZI AS TO FORM BY 'Dad 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 1.1 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 of a 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 from the White River on the West boundary to Hague Road on the East boundary and from 126 Street to 106 Street. The Grids are 93 C, D. 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 Hazel Dell Parkway on the West to White River on the East and from 116 Street South to 96 Street. The Grids are 43 B D, and 44 E. 1.5 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. 1.6 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 -by Assistance 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. Carmel /Fishers Dual Response /Mutual Aid Agreement 1 2.2 Pursuant to the request of the Carmel Fire Chief, in the event of a major emergency within the Cannel -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. 3. Mutual Aid Emergency Medical Services 3.1 In the event of a medical emergency within the Carmel -Clay fire service district, CFD may request the response 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 of a medical emergency in either fire service district, the department providing 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 Carmel Fire Department agrees that FFD may bill the property owner and /or responsible company and /or party for materials used and services incurred. 4.2 In the event of an emergency incident involving hazardous materials, 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 bill the property owner and /or responsible company and /or party 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. 5.2 All responding personnel shall comply with the Incident Commander's directives, regardless of the Commander's or personnel's department affiliation. 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. 5.4 The department providing assistance remains responsible for the conduct of its personnel, for their medical expenses, and for worker's compensation. Carmel /Fishers Dual Response /Mutual Aid Agreement 2 5.5 Every effort shall be made to return the assisting department's apparatus to a run ready status as soon as possible. 6. Fire Cause Investigation 6.1 The fire department having jurisdiction maintains ultimate responsibility for fire origin and cause within their fire service district. 7. Response 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. 8. Financial Obligation 8.1 Fishers and Carmel agree that the services described in this agreement may be charged to one another at reasonable and customary charges for specific services. 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. 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. Carmel /Fishers Dual Response /Mutual Aid Agreement 3 10. Conflict Resolution 10.1 If there is a conflict between agencies at an incident or training the department Fire Chiefs will investigate and evaluate any issues that arise and resolve any differences. 11. Effect 11.1 Once signed, this agreement supersedes any and all other mutual aid agreements between Fishers and Carmel Fire Departments. 11.2 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. Carmel /Fishers 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 Carmel Fi hers Fre Department, Mutual Aid Agreement, "the Agreement dated 20 7 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. It is so agreed, this ri day of 20 0. Jet 00,0114 4°11117 Aelt. Town of Fishers Town Council President To Fish f' n ��•ger r A ay To n of Fishe FiiiChief Cl- k Treasurer Approved by the City of Carmel by and through the Board of Public Works and Safety. d ity of Carm Mayor Board of Public Works and Safety ATTEST: Ir CI, of Carmel Fire Chief Clerk Treasurer Carmel /Fishers Dual Response /Mutual Aid Agreement 5 CITY OF CARMEL, INDIANA Carmel /Fishers Fire Department Dual Response /Mutual Aid Agreement by and through its Board of Public Works and Safety By: By: D James Brainard, Brainard, Presiding Officer Authorized Signature Pate: fir c Printed Name M.ry A Burke, Member /0 Date: C Title 'I Lori S. IN. 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