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2024 CONTRACT FOR EMERGENCY MEDICAL RESPONDER SERVICE
This Contract for Emergency Medical Responder Service (hereinafter referred to as the “Contract”), is made and entered into this ______ day of ____________________, 2024, by and between the BOARD OF COMMISSIONERS OF DEARBORN COUNTY, INDIANA (hereinafter referred to as “Dearborn County”), and the DILLSBORO VOLUNTEER FIRE DEPARTMENT INC. (hereinafter referred to as the “Emergency Responder”).
WITNESSETH:
WHEREAS, Dearborn County is desirous of providing funding to assist with the availability of emergency medical responder services (as defined by Indiana Code § 16-18-2-109.8) within Dearborn County; and
WHEREAS, the Emergency Responder is a volunteer fire department that is a Domestic Nonprofit Corporation located in Dillsboro, Indiana, that offers emergency medical responder services, is the owner of emergency medical equipment, and that is willing and able to assist the citizens of Dearborn County with medical emergencies.
IT IS THEREFORE, AGREED AS FOLLOWS:
1. The Emergency Responder shall furnish, and has been furnishing, emergency medical responder services for Dearborn County beginning on January 1, 2024 and continuing to December 31, 2024, by the deployment of its personnel and by the operation of its present emergency medical equipment and such personnel and emergency medical equipment as it may subsequently acquire.
2. Such emergency medical responder services shall extend to all residents and persons of Dearborn County in need of emergency medical responder services.
3. Dearborn County shall pay the Emergency Responder the sum of Twenty Thousand Dollars ($20,000.00) during the term of this Contract for such services. Said consideration shall be the only consideration payable by Dearborn County to the Emergency Responder for the Emergency Responder’s services hereunder, except as hereinafter provided.
4. The Emergency Responder agrees to hold Dearborn County harmless from any action or cause of action growing out of the actions of the Emergency Responder’s personnel and/or the use of any equipment owned or operated by the Emergency Responder and used as a part of the services furnished under this Contract. Further, the Emergency Responder executes this Contract as an Independent Contractor and recognizes that the Emergency Responder shall hold Dearborn County harmless from any and all liability to any person, firm, partnership, association, or corporation which may result from the activities of said
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Emergency Responder in its duties connected with providing emergency medical responder services under this Contract.
5. In the event either party wishes to terminate this Contract, at least sixty (60) days’ written notice shall be given to the other party.
6. A Simple FINANCIAL REPORT or YEAR-END BALANCE SHEET for the previous year must be submitted along with this Contract to the Dearborn County Administrator before the Contract will be presented to the Dearborn County Board of Commissioners for execution and for payment of consideration once the Contract has been fully executed.
WHEREAS, Dearborn County believes the long-term success of its Contracts with emergency medical responder service providers and emergency medical service providers across Dearborn County, which are primarily volunteer organizations, requires collaboration, sharing of ideas, good communication between Dearborn County and the emergency medical responders and emergency medical service providers, and unified efforts around volunteer recruitment, retention, and training.
IT IS THEREFORE, ADDITIONALLY AGREED AS FOLLOWS:
7. Each Emergency Responder and/or Life Squad receiving funds to provide emergency medical responder services and/or emergency medical services to the citizens of Dearborn County shall participate in a collective “alliance” group made up of all the Emergency Responders and Life Squads serving Dearborn County and attend at least three (3) alliance meetings per year.
8. Additionally, the Emergency Responder will schedule a meeting with the Dearborn County Administrator once each funding year (prior to approval and payment of the consideration outlined in this Contract). That meeting may include a Dearborn County Commissioner, 911 Director, EMA Director and member(s) of the Emergency Responder’s Board and will be focused on reviewing service from the prior year, the financial report the Emergency Responder submitted, and discussing ways to enhance the level of care and responsiveness to citizens of Dearborn County. It is the responsibility of the Emergency Responder to schedule this meeting and submit the required documents and funding request in a timely fashion.
9. So long as funding is made available by the Dearborn County Council, the Dearborn County Board of Commissioners agree to partner with the Emergency Responder and Life Squads to work together on shared concerns around volunteer recruitment and retention, quality of care, response time, patient transport, etc.
10. Under the terms of this Contract, Emergency Responder agrees to provide appropriate and timely emergency medical response when dispatched by Dearborn County 911.
11. Both parties acknowledge and stipulate that this Contract is the product of mutual negotiation and bargaining and, as such, the doctrine of construction against the drafter shall have no application to this Contract.
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12. This Contract shall be construed in accordance with the laws of the State of Indiana. Jurisdiction for any dispute between the parties shall be the Circuit or Superior Courts of Dearborn County, Indiana. If any section, subsection, sentence, clause, phrase, term, provision, condition, covenant, or portion of this Contract is for any reason found to be invalid or unenforceable by any Court of competent jurisdiction, the remainder of this Contract shall not be affected thereby, but shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Contract, and each remaining section, subsection, sentence, clause, phrase, term, provision, condition, covenant, and portion of this Contract remaining shall be valid and enforceable to the fullest extent permitted by law.
13. This Contract shall be binding on each party and on their successors, assignees, employees, agents, heirs, contractors, and subcontractors.
14. The individuals signing on behalf of each party hereby certify that they are duly authorized to execute this Contract.
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IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the dates noted below. DEARBORN COUNTY EMERGENCY RESPONDER Dearborn County Board of Commissioners Date:_______________ Date:_______________ __________________________________ __________________________________ Jim Thatcher, President Name of Emergency Responder __________________________________ By: _______________________________ Rick Probst, Commissioner Emergency Responder President __________________________________ ATTEST: ____________________________ Allen Goodman, Commissioner Emergency Responder Secretary ATTEST: ___________________________ Connie Fromhold, Auditor
Contract prepared by Andrew D. Baudendistel, Dearborn County Attorney I affirm, under penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law. /s/ Andrew D. Baudendistel
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