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Res 140-84 7/23/1984RESOLUTION NO. 140-84 RESOLUTION APPROVING CONTRACT BETWEEN LIFE LINE EMERGENCY MEDICAL SERVICES AND WICHITA COUNTY, WICHITA FALLS, BURKBURNETT, AND IOWA PARK, FOR AMBULANCE SERVICE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain contract, a copy of which is attached hereto, for ambulance service provided by Life Line Emergency Medical Services, with Wichita County, Wichita Falls, Burkburnett, and Iowa Park, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 23rd day of July, 1984 . M A Y O R(- 7////// ATTEST: City Clerk 72 770,/q l G/Co P 4s i 7_ 2.3 - to-, THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS : COUNTY OF WICHITA THIS CONTRACT made and entered into as of the day of TUL2' 1984 , by and between the City of Burkburnett, Texas, the City of Iowa Park, Texas and the City of Wichita Falls , Texas, acting by and through their respective Executive Officers, and the County of Wichita, acting by and through its County Judge, hereinafter called "Entities" , and Michael Harmon dba Life Line Emergency Medical Services, hereinafter called "Contractor" . WITNESSETH: I . Contractor covenants and agrees to furnish a full range of ambulance service as an independent contractor for the purpose of making emergency calls, transfers to, from and between health care facilities and transportation for medical reasons within the actual limits of Wichita County, Texas, and outside the actual limits of Wichita County, Texas , on an exception basis. II . It is expressly understood and agreed by and between Entities and Contractor, that Contractor is an independent contractor in its relation- ship to Entities and that nothing contained herein shall at any time or in any manner be construed to effect an agreement of partnership or joint venture or render any party hereto, the employer or master of any other party and/or its employees, agents or representatives. III . Emergency calls are situations wherein notice is given to the Contractor, by the Entities ' Police Department, Wichita Falls Fire Department, Wichita County Sheriff' s Department, or by anyone, that a set of circumstances exist which require the immediate action of qualified personnel with suitable equipment to render immediate aid in a medical emergency or to any injured person wherein the person or persons are transported to an Emergency Room for treatment. Emergency calls specifically shall not include any call involving routine, non- emergency transfers to or from an inpatient clinic , nursing home or hospital. IV. 1. Contractor will maintain a minimum of four (4) ambulances in full operating condition together with crews and all equipment set out in Exhibits "B" and "C" to serve the citizens of Wichita County. Ambulances shall not leave the confines of Wichita County except on an exception basis to provide transfer service for emergency, other medical necessity and charity to citizens of Wichita County. Transfer service shall be defined to include return to origin as appropriate. In all instances emergency calls will be attended prior to all other calls and Contractor shall schedule his resources to have emergency capability available at all times within Wichita County. Emergency transfers of indigent persons to medical facilities outside confines of Wichita County will be negotiated with the County on a case by case basis if the County is to bear the transportation cost. 2. The emergency vehicles, equipment and crews shall be located at a base station and at substations as may be necessary for responsive service. The location of the base station and substations must be approved by the Entities Chief Executive Officers prior to being placed into service. Substations may be provided by the Entities under lease arrangements (Exhibit "A") For any stations or substations provided, the following general criteria shall be used: a. Ability to reach any area in the City of Wichita Falls within five (5) minutes to eight (8) minutes. b. Ability to reach any area in the County of Wichita within twenty-five (25) minutes. c. Ability to reach any area in the City of Burkburnett within eighteen (18) minutes. d. Ability to reach any area in the City of Iowa Park within fifteen (15) minutes. e. Proximity to high accident locations. f. Proximity to high personal injury locations. 3 . On receipt of an emergency call , Contractor shall, to the extent reasonably possible , promptly notify the City of Wichita Falls Police Dispatcher and, if the call is within the city limits of Iowa Park or Burkburnett, the Police Dispatcher of that city of the location and 2- probable route of the emergency ambulance answering such call and shall - notify the police Dispatcher of involved City of the time when the ambulance reaches the location. 4 . Each ambulance shall be assigned a specific radio call number and each ambulance shall respond to that radio call number. 5. Contractor will not directly or indirectly solicit patronage for any medical facility, mortuary or funeral home. 6 . Contractor shall, at its sole expense, maintain a 24 hour dispatch service for all ambulances and a direct telephone connection between its base station and the City of Wichita Falls Police Department, and direct communications between its base station and all substations. The telephone will be manned twenty-four (24) hours each day. 7. After being contacted concerning a possible emergency call , Contractor shall reach the site requested (except under severe weather conditions such as ice on the streets or unavailability of units because of other emergency calls) within the response time specified for the location shown below averaged on a monthly, cumulative and annual basis. a. Within the city limits of Wichita Falls: Response time of five (5) minutes; maximum response time of eight (8) minutes. b. Within the city limits of Burkburnett: Response time of eighteen (18) minutes. c. Within the city limits of Iowa Park: Response time of fifteen (15) minutes. d. Outside the city limits of a contracting city but within the County of Wichita: Response time of twenty-five (25) minutes. 8 . Contractor shall be responsible for collectin g all fees for services pursuant to this Contract. Contractor shall assist ambulance users or their representative in the filling out of third party payment forms such as Medicare and insurance reimbursement forms. V. The operators of vehicles utilized pursuant to this contract shall have valid Texas Driver ' s Licenses as required by law. Each vehicle shall be manned by two Texas State Health Department certified emergency 3 - medical technicians (E.M.T. ) , one of whom may be the driver. A minimum of two persons shall comprise the "crew" required to be on each vehicle operating under this Contract. Both of the attendants shall hold and maintain at least Texas State Health Department ' s ranking of "Emergency Medical Technician" . Each crew member shall provide and carry evidence of a valid driver ' s license and a current emergency medical technician certification prior to assuming operational duties, unless otherwise approved by Entities. VI . 1. Vehicles. Contractor shall mainatin vehicles and accessory equipment in accordance with Exhibit "B" , Vehicle Lease Agreement. 2. Radios. 1) Each ambulance and the ambulance dispatcher shall be equipped with a two-way radio capable of maintaining constant communica- tions with all ambulance and dispatch radios within Wichita County. 2) Contractor agrees to maintain the communications equipment in good working order. 3 . Medical/Emergency Supplies. Contractor agrees to furnish at its expense the equipment and supplies set out in Exhibit "C" in sufficient quantity to stock each ambulance fully at all times. VII . Vehicles shall at all times, when not on call , be available and subject to inspection by the City Manager of Wichita Falls or his designee at a location and in such a manner as he may require. In event of mechanical defects or equipment defects, the City Manager or his designee shall have the right to prohibit further use of the vehicle until appropriate action has been taken to remedy the defects. Prompt reasonable notice of such action shall be given contractor. VIII . Contractor shall provide a good and sufficient performance bond in the amount of 100 Thousand Dollars ( L00 ,00q) guaranteeing the full and faithful execution and performance of the contract. Said bond shall be executed by the Contractor and one corporate surety authorized to do business in the State of Texas. The surety shall designate a resident agent in Wichita County, Texas, to whom any requisite notices may be delivered and on whom service of process may be had in matters 4- rising out of such suretyship. A duplicate original of the performance bond shall be provided each City and County. The performance bond shall state that no term of the bond will be altered nor will the bond be cancelled without thirty (30) days written notice to each City and County. IX. Contractor convenants and agrees to indemnify, hold harmless and defend Entities and its respective agents, servants and employees from and against any and all claims for damages or injuries to persons or property to whatsoever kind of character, whether real or asserted, arising out of or incident to the operations of Contractor' s ambulance service and all other of its operations arising under or otherwise incident to the provisions of this contract; and Contractor hereby assumes as between the parties to this Contract all liability and responsibility for injuries, claims or suits for damages to persons or property of whatsoever kind of character, whether real or asserted, occurring during the term of this agreement arising out of or by reason of the operation of Contractor' s ambulance service and all other of its operations arising under or otherwise incident to the provisions of this contract. Contractor further agrees to purchase and have in effect, at Contractor 's expense, during the term of this agreement a public liability insurance policy in amounts of at least $100, 000 Bodily Injury per person, 300,000 Bodily Injury per incident, and $100 ,000 Property Damage; or, if higher, as may be required to meet the limits of liability under V.A.T.S. Article 6252-19 as amended. In addition, Contractor shall purchase and have in effect at contractor 's expense an umbrella public liability policy in a minimum amount of one million dollars. Insurance shall be written by companies licensed to do business in the State of Texas. Contractor further agrees to name the Entities as additionally insured in such insurance policy. A certificate of Insurance shall be filed with the Entities. The policy of insurance shall state that Entities are additionally insured and that no term of the policy will be altered, nor will the policy be cancelled without thirty (30) days written notice to Entities. X. All terms and conditions of Exhibit "A" (Use of Substation) are part of this contract as if specifically written herein. All terms and conditions of Exhibit "B" and "C" shall, when executed, be an integral part of this contract as if written herein, it is understood that 5 - Entities are to provide at least four (4) ambulances as soon as possible after signing this contract, at which time Exhibit "B" , as filled in with vehicle identification, shall be executed and become fully effective. . XI . Contractor agrees that when ambulance service is furnished, the patient may express his preference as to the hospital to which he is to be taken. If the patient is unable to express a preference, or otherwise expresses no preference, he shall be taken to the emergency room of a local hospital on a rotational basis. However, medical direction as to hospital designation shall prevail if specialized medical care and equipment is required to treat the emergency. XII . 1. Contractor shall at all times be receptive to the recommendations of the Entities for Contractor ' s improvement of both the services provided by Contractor and the economic efficiency of Contractor' s business. Contractor shall fully cooperate with the Entities in all other areas, such as police and sheriff ' s investigations of events requiring emergency services. 2. Changes in base rates and mileage rates for ambulance service proposed by the Contractor are subject to approval of the chief executive officers of the Entities before implementation. Contractor will give the Entities at least thirty days notice of intent to change rates. XIII . The Contractor shall not assign this contract or any rights hereto in whole or in part to any person, firm or corporation without the prior consent in writing of the Entities. Provided however, Contractor shall be authorized to incorporate himself and is authorized to transfer all rights and responsibilities under this contract to said Corporation. IV. 1. Contractor shall keep all of his financial records in a manner consistent with generally accepted accounting principles, practices, procedures and standards as defined by the American Institute of Certified Public Accountants . For the purpose of this contract, Contractor shall operate with a fiscal year beginning July 1st and ending June 30th of each year. Not later than June 1st - of each year, Contractor will at its expense employ an independent certified public accountant to be approved by the City of Wichita Falls to audit the books and records of Contractor upon the conclusion of each of its fiscal years. Within sixty (60) days after the end of each fiscal 6 - year, an audit report of the previous year' s ambulance service operations shall be presented to the Entities together with an auditor ' s opinion that the financial records are kept in conformity with generally accepted accounting principles and that the audit presents fairly the financial position of Contractor with respect to this Contract. 2. In addition to the above and foregoing paragraphs relating to auditing of Contractor ' s books, the Entities shall have the right at all reasonable times during business hours, to inspect and/or audit all financial records and books of Contractors. 3 . Contractor further agrees to keep and maintain a complete and separate record of all revenues and expenses concerning this contract and agrees not to commingle the revenues and expenses and other financial matters associated with this contract with any other monies whatsoever. XV. A monthly summary report of the record of billings and collections, response times and other information shall be provided in such form and at such time as required by the City Manager, City of Wichita Falls, or his designee, and shall be filed with the Entities by the Contractor. The report shall be for each calendar month, shall provide year-to-date figures, a monthly profit and loss statement, and shall be filed not later than the 15th day of the month following the reported month. Contractor will develop a standard format for the monthly report to be approved by City Manager of Wichita Falls on behalf of Entities. XVI . 1. The Entities covenant and agree to pay Contractor for providing emergency and transfer service in Wichita County, Texas, as provided in this contract, the sum of Two Hundred Twenty Four Thousand 224 ,000) Dollars annually, payable as follows: a) First and each succeeding year thereafter: 1) One-Twelfth (1/12) of the annual subsidy shall be payable on the last day of each month which sum shall be subject to annual adjustments based upon, but not limited to the following factors: service levels, rates being charged, profit margin, collection ratio, cost of operation, operational efficiency, maintenance of vehicles and other factors. 2) After the first year of this Contract any annual adjustments granted by the Entities shall be effective not earlier than October 1 , of the year during which the adjustment is agreed to, 7 - or on another date as mutually agreed by the parties. 3) Entities shall retain the right to seek adjustments in the amount payable to the Contractor at any such times after the first year of the contract that other collections by the Contractor are increased to the extent that the Entities feel reconsideration of the subsidy amount paid by the Entities is merited. b) Among other considerations for payment of the subsidy, the Contractor shall provide to the Entities at no additional charge, services to persons who are wards of the respective entities. The term ward" shall mean a person who is in the custody, care and protection of one of the Entities. Payment for out of County transfers of wards of the entities will be on a payer of last resort basis. c) Payments to the Contractor shall be divided among the Entities as outlined in Exhibit "D" . XVII . All payments required or which may be hereafter required under this Contract shall be due and payable in Wichita County, Texas, and venue for any suits filed on this Contract shall be in Wichita County, Texas. XVIII . During the period in which this contract is in force and effect, all calls for ambulance service received by police dispatchers of the Entities or the Wichita County Sheriff ' s Department shall be referred to Contrac- tor, except as otherwise required by law. XIX. This agreement shall terminate on the occurrence of any of the following events: 1) Notice of dissolution of Contractor ' s corporation; 2) At any time after the Contractor fails to perform his duties under his agreement for whatever cause, all obligations of the Contractor here- under shall cease upon notice of termination for such breach; 3) The willful breach of duty, the habitual neglect or continued incapacity on the part of the Contractor to perform his duties unless waivered by the Entities upon notice; 4) The willful or permanent breach of the obligations of the Contractor to the Entities under this agreement unless waivered by the Entities upon proper notice . In the event of the termination of this agreement prior to completion of the term of the contract specified herein, the Contractor shall be entitled to the compensation earned by him prior to the date of termination as provided in this agreement computed pro rata up to and including that 8 - L date and Contractor hall be entitled to no further compensation as of the date of termination. Notices, as provided for herein, shall be given to each party as follows: TO CITY: City of Wichita Falls P.O. Box 1431 Wichita Falls , Texas 76301 Attention: City Manager City of Iowa Park P.O. Box 190 Iowa Park, Texas 76367 Attention: City Administrator City of Burkburnett 415 Avenue C Burkburnett, Texas 76354 Attention: City Manager TO COUNTY: County of Wichita Wichita County Courthouse, Room 202 Wichita Falls, Texas 76301 Attention: County Judge TO CONTRACTOR: Mr. Michael Harmon Life Line Emergency Medical Services Wichita Falls , Texas 76301 XX. The term of the Contract shall be three (3) years subject to satisfactory performance by the Contractor as outlined herein, and may be extended by mutual agreement of the parties hereto on a annual basis. 9 - IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. ATTEST: CITY OF WICHITA FALLS , TEXAS BY: City Clerk City Manager APPROVED: City Attorney ATTEST: CITY OF BURKBURNETT BY: City Clerk City Manager ATTEST: CITY OF IOWA PARK BY: City Clerk Mayor ATTEST: COUNTY OF WICHITA BY: County Clerk County Judge ATTEST: LIFE LINE EMERGENCY MEDICAL SERVICES BY: Michael Harmon 10- EXHIBIT "A" USE OF CITY FIRE STATIONS BY LIFE LINE EMERGENCY MEDICAL SERVICES The City will provide the following items at fire station loca- tions- to be negotiated, for and in consideration of contractor ' s meeting the response times stated in the contract to which this is attached, providing the Contractor gives 15 days advance notice of his need and intention to use the facilities offered. a) One parking bay for ambulance. b) Shared lounge facilities. c) Shared dormitory facilities where available d) Not more than two parking spaces for contractor ' s employees. The Contractor shall be responsible for the following: a) Making certain that its employees abide by the rules and regulations of the fire station and Fire Department as they now or hereafter may exist. b) Providing radio and telephone communications, both emergency and non-emergency as approved by the City Manager, City of Wichita Falls. c) Only one ambulance (which shall be in full operating condition) shall be housed or stationed at each available fire station at any time. d) No mechanical or maintenance work of any type shall be performed on the ambulance or the private cars of the employees at any time. e) Only the ambulance crew members actually on duty shall be at the fire station (maximum three) . f) The fire station shall not become an office. No secretaries or involved paperwork shall be permitted at either fire station. g) Bed linens, towels, toiletry and personal items for the employees must be provided. If problems or complaints arise out of the use of the fire station, the problem or complaint will be referred to the City Manager, City of Wichita Falls. The Contractor will assist in the ascertainment of facts and agrees to abide by the decision of the City Manager or his designee. Contractor covenants and agrees to indemnify, hold harmless and defend the City and its agents , servants and employees from and against any and all claims for damages or injuries to persons of whatsoever kind or character, arising out of or incident to the location of ambulances and personnel at fire stations . The City of Wichita Falls agrees to be liable for any damages that it causes as a result of the ambulances being located at the fire stations or due to negligence by its employees or in negligent maintenance of the stations. EXHIBIT "B" STATE OF TEXAS COUNTY OF WICHITA AMBULANCE LEASE AGREEMENT r This lease made and entered into this the 7-1; day of ,"L7` 1984 , by and between the City of Wichita Falls , Texas, acting by and through its City Manager as trustee for the Entities, hereinafter called Lessor" and Life Line Emergency Medical Services, hereinafter called Lessee" . WITNESSETH: That it is the intention of Lessor and Lessee to acquire through proper procedures, at least four ambulances that will be provided to Lessee upon delivery and the execution of this lease agreement. 1. Applicable Law. This lease shall be construed and interpreted under the laws of the State of Texas. 2. Vehicles, Equipment, Rental , Charges, Deposit, Use and Term. The vehicles included in this lease, and the respective optional equipment, intended use, lease term for each vehicle and other matters, shall be as specified herein and in such written Addenda to this lease as Lessor and Lessee may execute from time to time. a) Except for the specified equipment, each vehicle shall have all standard factory equipment, and the term "vehicle" as used herein shall be deemed to include all such standard and optional equipment. b) The lease term for each vehicle shall begin on the date the vehicle is delivered to Lessee as shown on a delivery receipt therefor signed by Lessee (or agent) and given to Lessor at the time of delivery. This lease shall be for three (3) years or as agreed by the parties. 3 . Payment of Rental and Charges. During the lease term, Lessee shall pay Lessor (or agent) for each vehicle: The annual rental of One ($1. 00) Dollar is due and payable on the anniversary date of this lease. 4 . Registration and Inspection. Lessee shall accomplish, at the expense of Lessee, the titling, registration, and licensing of each vehicle in the name of Lessor, and all inspections thereto required by governmental authorities during the lease term. Lessee shall permit Lessor (or agents) to inspect any vehicle from time to time at reasonable intervals. 5. Taxes. a) Lessee shall pay and bear all sales, use, excise, personal property and other taxes and all governmental assessments, fees, and charges payable during the term hereof with respect to each vehicle or the ownership, possession, rental, transportation or delivery thereof. Lessor shall pay and bear all net income and gross receipts taxes on or measured by rentals payable hereunder. b) Lessee shall pay and bear all occupational and other governmental fees, taxes, charges and assessments which may be imposed in connection with any vehicle and the result of its use by Lessee. 6 . Maintenance and Repairs. a. Lessee, at the expense of Lessee, shall maintain each vehicle and each part thereof in good working order and condition, properly serviced and lubricated and make all necessary minor repairs and replacements thereto. Title to all replacements shall vest in lessor. Unless other- wise stated, the minimum acceptable maintenance will be the strictest recommendation by the manufacturer as approved by Entities. b. Lessor shall be responsible for major repairs of the engine, transmission and drive train of the vehicles supplied by Lessor providing that need for such major repairs results from ordinary wear and tear and not from abuse, neglect or other failure of the lessee to perform his assigned duties for the care of the vehicles which will obligate Lessee to pay for such repairs. Lessee shall notify Lessor as far in advance as possible of need to schedule major repairs. c. Use of City resources by the Lessee for maintenance and repair of vehicles on a reimbursable basis shall be as separately negotiated by the parties involved. d. Lesses shall maintain vehicle maintenance records for a minimum period of 24 months. 7. Insurance. a) Lessee shall provide, at his own expense, the following insurance on each vehicle during the lease term therefor. i) Comprehensive fire and theft insurance for passengers cars and fire, theft and combined additional insurance for trucks. ii) Collision and upset insurance with value no less than current value of vehicle and contents and with not more than $500 . 00 deductible. iii) Automobile liability insurance with limits of not less than $100,000. 00 for any one person for bodily injury and death, 300, 000. 00 for any one accident for bodily injury and death, $100,000 . 00 for property damage, and $100 , 000. 00 for medical payments. b) Lessee shall pay for all repairs made necessary by accident or collision which are not covered by insurance. c) Lessee shall provide, at his own expense, any other insurance or bond that may be required by any governmental authority as condition to or in connection with the use or operation of any vehicle during the lease term therefor. d) All insurance referred to in this Paragraph 7 shall protect, as their interest may appear, the Lessee, the Lessor, any other person having an interest in the vehicle if he so desires, and any person or organization responsible for the use or operation of the vehicle. All such insurance shall be provided through insurance companies approved by both Lessor and Lessee and each shall be furnished certificates of such insurance. e) If Lessee shall fail, for any reason with or without fault, to provide any insurance to be provided by him pursuant to this Paragraph 7, or if the carrier should' refuse to issue , or should cancel or suspend any insurance required to be provided by Lessee , the Lessor at his option may terminate this lease, effective immediately, at any time thereafter by giving written notice of termination to Lessee. f) If, during the lease term, the premium rates for any insurance provided or to be provided by the Lessor shall be increased for any reason, such increase notwithstanding anything herein to the contrary shall , upon demand, be paid for (or reimbursed to Lessor) and borne by Lessee. g) Any proceeds of any insurance provided pursuant to this Paragraph 7 that shall be received by either Lessor or Lessee for any 2 - loss or casualty that has been made good by the other shall be paid to the other upon satisfactory proof that such loss or casualty has been made good. unless such other is then in default in the fulfillment of any other liability or obligation hereunder. 8 . Indemnity. Lessee shall indemnify the Lessor (and Lessor ' s agents and employees) against any damage, loss, theft or destruction of any vehicle, and of the contents thereof, during the lease term, and against any and all losses, damages, injuries, claims, demands, costs and expenses (including legal expenses) of every kind and nature arising out or connected with the use, condition (including, without limitation, any defect whether or not discoverable by Lessor or Lessee) or operation of each vehicle during the lease term; provided, however, that such indemnity shall not extend to, and Lessor shall indemnify Lessee (and Lessee ' s agents and employee) against any portion of any such loss, damage , injury, claim, demand, cost or expense that is within the coverage of any insurance provided or required to be provided by Lessor pursuant to Paragraph 7 hereof. Lessor shall promptly notify Lessee of any such event of which Lessor has actual notice, and Lessee shall be entitled to participate in the defense of any such claim or demand. 9 . Operating Expenses. Lessee shall provide at his own expense, all gasoline and oil required for the proper operation or protection of each vehicle and such washing, parking, garage, highway, or other fees or tolls as may be incurred in connection therewith. 10 . Fines. Lessee shall pay all fines imposed by any governmental authority upon any vehicle or any driver thereof during the lease term, and shall indemnify Lessor against any and all fines, penalties, and forfeitures and all expenses incurred in connection therewith) imposed on account of the use or operation of any vehicle during the lease term in violation of any law or regulation. 11. Return of Vehicle. Upon any cancellation, termination, or expiration of this lease or the contract to which it is attached with respect to any vehicle, all vehicles shall be returned immediately upon demand of Lessor in as good order and condition, except for ordinary wear and tear, as when first received. 12. Force Majeure and No Consequential Damages. Lessor shall not be liable for any failure or delay in delivering any vehicle, or for any failure to perform any provision hereof, resulting . from fire or other casualty, riot, strike , or other labor difficulty, governmental regulation or restriction, or any cause beyond Lessor ' s control. In no event shall Lessor be liable for any loss of profits or other con- sequential damage or any inconvenience resulting from any theft, damage to, loss of, defect in, or failure to any vehicle , or the time consumed in recovering, repairing, adjusting, servicing, or replacing the same, and there shall be no abatement or apportionment of rental during such time. 13 . Lease Only. This agreement is one of leasing only and Lessee shall not have or acquire any right, title, or interest in or to any vehicle except the right to use and operate it as provided in this agreement. 14 . Procedure on Accident. If any claim is made or action commenced for damages for death, personal injury, or property damage resulting from the ownership, maintenance, use or operation of any vehicle, Lessee shall promptly notify Lessor thereof and forward to Lessor a copy of every demand, notice, summons, or other process received in connection therewith. Lessee shall furnish to Lessor, within 24 hours, a report of any accident involving a vehicle on the form furnished by the automobile liability insurer thereof and cooperate with Lessor in all ways in connection with any claim or dispute concerning such accident. 15. Default. If Lessee shall default in the payment of any annual rental , mileage charge, or other sum or reimbursement payable to Lessor hereunder and such default shall continue for more than 10 days after Lessor shall have 3 - demanded payment thereof, or shall fail or refuse to perform any other provision hereof to be performed by Lessee, or if a petition under any bankruptcy law shall be filed by or against Lessee or Lessee shall make any assignment for the benefit of creditors or Lessee shall suffer or permit the appointment of any trustee or receiver for Lessee ' s business or assets or any part thereof , or Lessee shall make or suffer any assignment voluntary or involuntary, of Lessee ' s interest in any vehicle included in this lease, or suffer any lien, attachment or levy or execution to become attached thereto (unless such petition, assignment, appointment, lien, attachment or levy be withdrawn or nulified within 20 days) : then in any such event, Lessor may, at Lessor ' s option, by written notice to Lessee, immediately terminate this lease. 16. Termination Rights. Upon the expiration or termination, pursuant to Paragraph 7 (e) , or 15 of this lease, all vehicles and all Lessee ' s rights therein shall be surrendered to Lessor as provided in Paragraph 11 hereof. Lessor may at any time repossess any vehicle to be surrendered by Lessee, wherever the same shall be located, and may enter upon any premises of Lessee for that purpose and shall hold all vehicles repossessed free and clear of this lease and of any right of Lessee hereunder. The rights and remedies of Lessor in the event of default herein mentioned shall not be deemed exclusive, but shall be cumulative and in addition to all other rights and remedies in Lessor ' s favor existing by law. 17. Entire Agreement, Assignment and Subordination. The complete and entire agreement of the parties with regard hereto is contained herein and in attached addenda, and no amendment supplement or other modification may be otherwise than in writing signed by each party hereto. 18 . Counterparts and Recording. Lessor and Lessee agree to execute this lease in as many counter- parts (each constituting an original , but together constituting only one agreement) as may be reasonably necessary for recording or filing in any governmental office. Lessor shall pay all fees , and charges, and expenses for any stamps or documentary taxes assessed upon this lease. 19 . Reimbursement. If either party shall fail, for any reason, to perform any provision of this lease to be performed by him, the other may, at his option, per- form the same and upon performing the same shall be reimbursed upon demand for all sums paid or incurred therefor. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be signed on the date first above stated. ATTEST: CITY OF WICHITA FALLS , TEXAS BY: City Clerk City Manager APPROVED: City Attorney ATTEST: LIFE LINE EMERGENCY MEDICAL SERVICES BY: Michael Harmon ADDENDUM 1 TO AMBULANCE LEASE AGREEMENT LIST OF VEHICLES AND EQUIPMENT SUPPLIED BY ENTITIES One 1984 Ford Van (Type II) Wheeled Coach Ambulance VIN 1FDJS34L5EHB46158 With One Multi-Level Cot, One Road Cot and One Kendrix Extrication Device One 1984 Chevrolet (Type I) Wheeled Coach Ambulance VIN 1GBJC34W9EV117988 With One Multi-Level Cot, One Road Cot and One Kendrix Extrication Device One 1984 Chevrolet (Type I) Wheeled Coach Ambulance VIN 1GBJC34W3EV114939 With One Multi-Level Cot, One Road Cot and One Kendrix Extrication Device One 1981 Ford (Type II) Collins Ambulance VIN 1FTJS34L4BHA20731 With One Multi-Level Cot and One Road Cot Four Pheonix SX Mobile Radios 40 Watt Synthesized Model No. N5HH1W40TB Received Date Michael Harmon EXHIBIT "C" EQUIPMENT SHALL BE AS LISTED OR THE EQUIVALENT IN PERFORMING THE TASK 1. Half ring lower extremity traction splint with ankle hitch and traction strap. 2 . One padded board 4 1/2 feet by 3 inches of material comparable to four-plywood. 3 . Two or more 15-inch by 3-inch padded splints (un- complicated inflatable splints or similar splints of cardboard, wire ladder or canvas slotted lace on may be carried in place of the 15-inch boards) . 4 . Hand-operated bag-mask ventilation unit with adult- child-, and infant-size masks (clear masks and a unit capable of being attached to oxygen supply are preferred) . 5. Simple suction apparatus with catheter. 6 . Mouth to mouth artificial ventilation airways in adult child and infant sizes. 7 . Oropharynegeal airways in adult, child, and infant sizes. 8 . Mouth gags. 9 . Universal dressings (sterile) . 10 . Sterile gauze pads. 11. Adhesive tape. 12. Soft roller self-adhering type bandages , 6 inches by 5 yards. 13 . Triangular bandages. 14 . Safety pins, large size. 15. Bandage shears. 16. One additional padded board 4 1/2 feet in length by 3 inches wide. 17. Two or more padded boards 3 feet in length and 3 inches wide . 18 . Short spine board with accessories or Kendrix extrication device 19 . Long spine board with accessories. 20 . Oxygen equipment with masks of assorted sizes. 21. Roll of aluminum foil , 18 inches by 25 feet sterilized and wrapped. 22. Several pillows. 23 . Two sterile burn sheets. 24 . Sterile obstetrical kit. 25. Poison kit. 26 . Blood pressure manometer, cuff and stethoscope. 2-