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Article IV. User Fees and Collections; Liability
<br /> Section 4.01. User Fees. Unless modified by the Joint Board, the City may charge user
<br /> fees for ambulance/medical services in accordance with § 93.05 of the St. Joseph County Code, as
<br /> set forth in the attached Exhibit "B," which is incorporated into this Agreement.
<br /> Section 4.02. Collections and Remittances. The Parties agree that the City shall make
<br /> reasonable efforts to collect from the ambulance patients served under this Agreement all user fees
<br /> charged under Section 4.01,and shall remit to the County within thirty(3 0)days of receipt all user
<br /> fees collected, except as otherwise provided herein. The Parties further agree that the City will
<br /> provide monthly reports to the County detailing user fees collected, payments made, and service
<br /> runs completed pursuant to this Agreement, and the City shall remit to Liberty Township
<br /> Ambulance Service, the town of Walkerton, Union North Ambulance Service, and New Carlisle
<br /> Ambulance Service fifty percent (50%) of any user fees collected for an ALS assist, prior to
<br /> remitting to the County the remaining fifty percent(50%)of the user fees collected for that service.
<br /> Section 4.03. Indemnification for Non-City Driver. The Parties recognize that under
<br /> certain circumstances,proper medical procedure may necessitate that the two(2)persons assigned
<br /> by the City to an ambulance serving the Unincorporated County provide simultaneous medical
<br /> care to a patient, further requiring that the ambulance be driven by an EVOC-certified individual
<br /> who is not a City employee. The County therefore agrees to indemnify,defend, and hold harmless
<br /> the City from any and all claims, actions, causes of action, demands, rights, liens, damages,
<br /> medical expenses,costs,loss of service,other expenses,compensation,and judgments whatsoever,
<br /> in the event of a vehicle accident or other occurrence related to operation of a vehicle under such
<br /> circumstances.
<br /> Section 4.04. Liabili . Pursuant to Ind. Code § 36-1-7-7, each party shall be solely and
<br /> completely responsible for the acts and omissions of its respective employees,volunteers,officers,
<br /> agents, and all other such persons acting in performance of this Agreement. This provision shall
<br /> not apply to any claims, actions, causes of action, demands, rights, liens, damages, medical
<br /> expenses, costs, loss of service, other expenses, compensation, or judgments arising out of or
<br /> caused by instances covered in Section 4.03, or pertaining to the development, adoption,
<br /> implementation, operation, maintenance or use of the St. Joseph County Public Safety
<br /> Communications Center.
<br /> Article V. General Provisions
<br /> Section 5.01. Amendment. The Parties, by mutual agreement in writing, may amend,
<br /> modify and supplement this Agreement. The failure of any Party to enforce at any time any
<br /> provision of this Agreement shall not be construed to be a waiver of such provision, nor in any
<br /> way to affect the validity of this Agreement or any part hereof or the right of such party thereafter
<br /> to enforce each and every such provision. No waiver of any breach of this Agreement shall be
<br /> held to constitute a waiver of any other or subsequent breach.
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