The State General Assembly, in I.C. 10-14-3-7, provided for coordination of activities related to disaster prevention, preparedness, response and recovery and authorized public agencies in the state to enter into mutual aid agreements.
(A) A county-wide mutual aid agreement program is established, as follows. All county, township, city and town governmental units within the county are considered to be participating units in the county-wide mutual aid agreement program. As used in this section, UNIT has the meaning set forth in I.C. 36-1-2-23. A unit may choose not to participate in the county-wide mutual aid program if the unit:
(1) Adopts an ordinance or a resolution declaring that the unit will not participate in the county-wide mutual aid agreement program; and
(2) Provides a copy of the ordinance or resolution to the Department of Emergency Management.
(B) Each participating unit shall establish an incident management system and a unified incident command system consistent with the National Incident Management System to be used in a response to a disaster or an emergency where mutual aid assistance may be requested. The incident command system shall be utilized to provide structure for incident management so as to assure efficient use of resources and the safety of emergency responders and the public.
(C) This mutual aid program may be activated for providing mutual support, aid and assistance with or without a local declaration of a natural or human- made emergency or disaster.
(D) A participating unit may request the assistance of at least one other participating unit to:
(1) Manage disaster or emergency response or recovery (including the conduct of necessary emergency operations); or
(2) Conduct disaster or emergency response or recovery exercises, testing or framing.
(E) A request for assistance to a participating unit under division (D) above shall be made by and to the executive of the unit or the executive’s authorized representative. A request may be oral or in writing. An oral request shall be confirmed in writing not later than 24 hours after the oral request is made. A request for immediate assistance may be directed to the County Emergency Communications Department (911 Center) or directly to the participating units being requested to provide assistance.
(F) A request must include the following information:
(1) A description of the disaster or emergency response or recovery functions for which assistance is needed;
(2) The amount and type of services, equipment, supplies, materials, personnel and other resources needed and a reasonable estimate of the length of time they will be needed; and
(3) The specific place and time for the staging of the assisting participating unit’s provision of assistance and a point of contact at that location.
(G) A participating unit that is requested to render assistance shall take the necessary action to provide and make available the requested services, equipment, supplies, materials, personnel and other resources.
(H) A participating unit’s obligation to provide assistance is subject to the following restrictions: upon request for aid received as provided for in division (E) above, the authorized officer of the participating unit rendering the assistance will authorize a response as follows:
(1) The participating unit rendering the assistance will provide at least the following personnel and equipment in response to the request:
(a) Minimum request: one appropriate unit with necessary personnel and support equipment compliment; and
(b) Maximum response: 75% of personnel and resources available at the time of the request to the participating unit rendering the assistance.
(2) Each participating unit’s response will be determined by the severity of the emergency in the requesting unit’s jurisdiction as determined by the senior officer of the participating unit rendering the assistance after discussion with the senior officer of the requesting unit.
(3) If there is also an emergency in the jurisdiction of the participating unit rendering the assistance at the time a request is made, or such emergency occurs under this agreement, and the senior officer of the responding party reasonably determines, after a consideration of the severity of the emergency in his or her jurisdiction, that the responding party cannot comply with the minimum requirements under this agreement without endangering life and/or incurring significant property damage in his or her jurisdiction, he or she may choose to use all equipment and personnel in his or her own jurisdiction. In such case, the senior officer of the participating unit rendering the assistance shall inform the senior officer of the requesting unit of his or her decision.
(4) In cases where two or more requests for mutual aid assistance are made at the same time, thereby making compliance with the minimum requirements of this agreement impossible for the participating unit rendering the assistance, the senior officer of the responding party shall determine, based upon a his or her best professional judgment, how best to respond to the requests. The senior officer may determine to send all assets available under this agreement to the jurisdiction with the most dire emergency or he or she may send some resources to each requesting jurisdiction. The senior officer shall inform the requesting officer of the requesting unit of his or her decision. In both situations outlined in this division (H)(4) where compliance with the minimal duties of this agreement is impossible, the requesting unit or units will not expect full compliance with those minimal duties, but will expect a fair appraisal of the emergencies involved and a commensurate response.
(5) The participating unit rendering the assistance may withhold resources or recall loaned resources to the extent necessary to provide for the unit’s own reasonable protection.
(6) Emergency forces providing assistance shall continue under the command and control of their regular leaders, but operationally those forces shall be under the control of the incident commander or unified command designated by the requesting participating unit.
(I) It shall be the responsibility of the participating unit rendering the assistance to know and communicate the level of training of their responders to the incident commander, to see that all personnel responding to the request for assistance are appropriately trained and responsible persons. The conduct and actions of responding party personnel shall be the responsibility of the participating unit rendering the assistance.
(J) The senior officer of the requesting unit shall in all instances be in command of the emergency as to strategy, tactics and overall directions of the operations. All orders or directions regarding the operations of the participating unit rendering the assistance shall be relayed to the senior officer in command of the responding party.
(K) The senior officer in command of the emergency forces from the participating unit rendering the assistance shall retain control over his or her personnel at the incident scene. Should he or she determine that any direction given by the senior officer of the requesting party would result in unsafe conditions for persons under his or her control, the senior officer in command of the responding party shall have the authority to refuse such direction.
(L) The participating unit rendering the assistance under the terms of this agreement shall assure that its personnel drive their vehicles while in the territory of the requesting party in compliance with all laws regarding speed and at all times with due regard for the safety of all persons using the highway.
(M) As provided in I.C. 10-14-3-10.7(f), officers and employees of a participating unit rendering assistance to another participating unit shall be considered agents of the requesting unit for purposes of tort liability and immunity.
(N) As required by I.C. 10-14-3-18(a), when emergency personnel are sent to another jurisdiction pursuant to this agreement, they will retain the jurisdiction, authority, rights, privileges and immunities, including any coverage under the worker’s compensation laws, that they have when they are on duty in their home jurisdiction.
(O) The participating unit who requests mutual aid shall in no way be deemed liable or responsible for the personal property of the members of the participating unit rendering the assistance which may be lost, stolen or damaged while performing their duties in responding under the terms of this agreement.
(P) The participating units agree that the participating unit responding to the request for mutual aid under the terms of this agreement shall assume all liability and responsibility for damage to its own apparatus and/or equipment while en route to or returning from the mutual aid response location. The participating unit rendering the assistance shall also assume all liability and responsibility for any damage caused by its own apparatus and/or negligence of its personnel while en route to or returning from the mutual aid response location.
(Q) The participating unit rendering assistance under the terms of this agreement shall assume no responsibility or liability for property damaged or destroyed or bodily injury at the actual scene of any emergency due to actions which are required in responding under this agreement; said liability and responsibility shall rest solely with the participating unit requesting such aid and within whose boundaries the property exists or the incident occurs.
(R) An itemized claim for loss or damage to the equipment of the participating unit rendering assistance at the response scene shall be filed within 30 days of such loss or damage occurring. (Note: filing within 30 days will help to ensure FEMA reimbursement in federally declared disasters.)
(S) Each participating unit shall provide for the payment compensation and benefits to:
(1) An injured member; and
(2) A representative of a deceased member;
of the participating unit’s emergency forces if the member is injured or killed while rendering assistance under this section in the same manner and under the same terms as if the injury or death were sustained while the member was rendering assistance for or within the member’s own unit. Expenses incurred under this division (S) are not reimbursable.
(T) No compensation or reimbursement shall be paid by the participating units under this agreement for mutual aid assistance rendered. The participating units agree that the participating unit rendering the assistance shall be responsible for the costs of maintenance and operation of its equipment during the response.
(U) The participating units agree that no claim for compensation shall be made against another for loss, damage or personal injury occurring as a consequence of mutual aid assistance rendered under this agreement, and all such rights or claims are hereby expressly waived by the parties as to one another.
(V) The parties agree the value of labor and equipment if reimbursed would be as follows.
(1) Labor rates.
(a) The straight time costs of the labor force of the participating unit rendering assistance shall be reimbursed at the normal pay rates for the responding personnel.
(b) The overtime costs of the labor force of the participating unit rendering assistance shall be reimbursed at 150% of the normal pay rates for the responding personnel if it is the normal practice of the requesting unit to pay these personnel overtime.
(c) Under FEMA 9523.6, § 7.B.3, “If the providing [assisting party] entity is staffed with volunteer labor, the value of the volunteer labor may be credited to the non-federal cost share in accordance with the provisions of the donated resources policy (#9525.2).”
(2) Reimbursements.
(a) The equipment reimbursement rates are the lesser of the following:
1. The rate for equipment costs reimbursement established by the U.S. Department of Homeland Security’s Federal Emergency Management Agency or its successor agency; or
2. The equipment costs, established by the participating unit rendering assistance.
(b) Under FEMA 9523.6, § 7.B.5, “If the agreement states that there is no cost to the applicant - receiving the emergency assistance [typically the requesting party], assistance may be credited to the non-Federal cost share under the provisions of the Donated Resources policy (#9525.2).” Such jurisdictions must still specify the value of the resources they receive and fully document those values.
(W) The Advisory Council shall be responsible for administration of this agreement.
(X) At least two participating units may enter into agreements establishing a different allocation of loss, damage, expense or costs among themselves than that specified herein. Copies of such supplemental agreements shall be provided to the Department of Emergency Management.
(Y) This section does not prevent any participating unit from entering into a mutual aid or other agreement with another unit or affect any other agreement to which a unit is a party, including an agreement entered into under this section or I.C. 36-1-7.
(Ord. 2005-007, passed 8-17-2005)