Interlocal Agreement EMS Services during Calendar Years 2013-2017

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may require that the two(2)persons assigned to the ambulance provide medical care to the patient and that the ambulance be driven by an EVOC-Certified volunteer firefighter from another township within St. Joseph County. In the event of an automobile accident or occurrence under such circumstances, County agrees to indemnify and hold harmless South Bend from any and all claims, actions, causes of actions, demands, damages, costs and expenses whatsoever for which South Bend might be liable. 7. South Bend shall remain liable for the acts of its agents, employees and servants during the performance of this contract. South Bend hereby undertakes and agrees to indemnify and hold harmless County and its employees, officers, and agents from any and all losses, expenses, damages, claims, causes of actions, or judgments arising out of any negligent or intentional act(s) or omission(s) of South Bend or its employees, servants or agents. The forgoing indemnification, hold harmless and undertaking of County by South Bend shall not apply to any loss, damage, expense, demand, claims, cause of action or judgment arising out of or caused by instances covered in Paragraph 6 of this Section or arising out of a communications system other than the South Bend Police Department Communications Center. 8. In addition to the monies mentioned in Paragraph 3 of this Section, County shall reimburse South Bend for all overtime costs incurred by South Bend arising out of the pregnancy of any female firefighter regularly assigned to an ambulance covered by this agreement. 9. The Governing Board of this joint agreement shall meet at least semi-annually or as otherwise mutually agreed. 10. South Bend shall perform all routine maintenance on the ambulance. South Bend shall bill County monthly for all repairs, labor for repairs, and fuel used on the ambulances. Supporting documentation will be provided if requested by County. Payment shall be due no later than 30 days after the date of billing. In the event a major repair or replacement of the ambulance is needed,it shall be the responsibility of County,except where the damages are solely the result of the willful or grossly negligent act of an employee of South Bend. 11 At the commencement of this contract the ambulances shall be located at: 5303 York Road; 3505 North Bendix Drive; and In the event either the Bendix Drive or the Ireland Road station is not available for any reason, it shall be the responsibility of County to house that ambulance. 12. The City Controller of the City of South Bend has the duty to receive,disburse,and account for all monies generated under this agreement. V. SEVERABILITY The provisions in this Agreement are hereby deemed to be severable to the effect that if any provision shall be declared to be invalid or unenforceable for any reason by a court of competent jurisdiction,the remaining provisions shall continue in full force and effect.