Res 2782 4/24/1981RESOLUTION NO. J742,
RESOLUTION APPROVING AMBULANCE SERVICE CONTRACT
WITH PLUMLEE AMBULANCE EMS , INC.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain ambulance service contract, a copy of which
is attached hereto, whereby Plumlee Ambulance EMS, Inc. agrees
to provide ambulance service for the citizens of Wichita Falls
and other contracting entities is hereby approved, and the
City Manager is authorized to execute the ambulance service
contract and the ambulance lease agreement attached to said
contract as an exhibit, for and in behalf of the City of
Wichita Falls.
PASSED AND APPROVED this the 24th day of April, 1981.
M A Y O R
ATTEST:
City Clerk
A`
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA X
THIS CONTRACT made and entered into as of the 25th day of
April 1981, 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 City Managers or Mayors, and the County of
Wichita, acting by and through its County Judge, hereinafter called
Entities", and Plumlee Ambulance EMS, Inc. , 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 between health care facilities and transportation for medical
reasons within the actual limits of the County of Wichita .
II.
It is expressly understood and agreed by and between Entities and
Contractor, that Contractor is an independent contractor in its relationship
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 an 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 trans-
ported 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
three (3) prior to October 1, 1981] in full operating condition together
with crews and all equipment set out in Exhibit "B" within Wichita County
at all times. Ambulances leased by the Entities to the Contractor shall
not leave the confines of Wichita County, Texas except to provide emergency
service to transfer persons injured within Wichita County, (This does not
include transfers where there is no medical emergency.) In all instances,
emergency calls and medical necessity calls will be attended to prior to
transport or transfer calls receiving patients (s) .
2. The emergency equipment and crews shall be located at a base station
and at two (2) substations. The location of the base station and substations
shall be approved by the Entities. Two (2) of the substations will be pro-
vided by the Entities under a lease attached. For those stations or sub-
stations provided over and above the aforementioned leased substations,
the following general criteria shall be used:
a. Ability to reach any area in the City of Wichita
Falls within five (5) 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 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 mortuary or funeral home.
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6. Contractor shall, at its sole expense, maintain 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 what is a possible emergency call,
Contractor shall reach the site requested (except under severe weather conditions
such as ice on the streets or if all units presently attending another emergency
call) :
a. If within the city limits of the City of Wichita Falls,
within an average of five (5) minutes, figured on a monthly, cumulative and
annual average, of receipt of a call and shall at all times be at the site within
eight (8) minutes,
b. If within the city limits of the City of Burkburnett, within
eighteen (18) minutes of receipt of a call, figured on monthly, cumulative and
annual averages.
c. If within the city limits of the City of Iowa Park, within
fifteen (15) minutes of receipt of a call, figured on a monthly, cumulative
and annual average.
d. If outside the city limits of a contracting City but
within the County of Wichita, within a maximum of twenty-five (25) minutes
after receipt of the call, figured on a monthly, cumulative and annual average.
8. Contractor shall be responsible for collecting all fees for services
pursuant to this Contract. Contractor shall assist ambulance users or their
representatives 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 Chauffeur's Licenses. Each vehicle shall be manned by two
Texas State Health Department certified emergency medical attendants, one
of whom may be the driver, and each attendant shall hold and maintain current
E.M.T. A minimum of two persons shall comprise a "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
evidence of a valid driver's license and a current emergency medical
technician certification.
VI.
1. Contractor shall furnish, at its own expense, vehicles and
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accessory equipment which meet the following minimum standards in addition
to those fixed by all existing or future Cities, County and State laws,
rules and regulations.
a. Vehicles
1) Type. Each ambulance shall be a Type I, II or
III design as classified in KKK-A-1822 Sec. 1.2 [GSA Federal Specifications-
Ambulance] as suitable for safely transporting sick and injured persons and
shall be licensed as an emergency vehicle in accordance with the rules of the
Texas Board of Health.
2) Age. If Type II ambulance is used, it shall be
of modern manufacture, not older than four (4) years and have no more than
80,000 miles. If Type I or III ambulances are used, they shall be of modern
manufacture, chassis not older than three (3) years and have no more than
70,000 miles. The module shall be refurbished when transferred to a new
chassis.
3) Condition. All vehicles shall be in good mechanical
and operating condition and shall include, but not be limited to, all items
listed in the State of Texas Rules and Regulation Manual for official motor
vehiclei inspection stations.e p
4) Tires. Ambulances shall be equipped with a full
complement of tires and at least one spare tire, all of which have been
specially designed for use in providing high speed, heavy-duty ambulance
service, and must be as, a minimum, "premium" quality tires according to
the current issue of the Bennett Garfield publication titled "Tire Design"
and each tire shall be in sound condition with at least thirty percent
30%) of the tread remaining. No recapped, retreaded or regrooved tires
shall be used.
5) Brakes. All ambulance brakes shall have power
assistance and shall be disc type on front for repeated braking from high
speed without fading or failure. The brake pad must have a minimum of 1/8
inch pad thickness remaining. Brakes shall be relined at least every
20,000 miles. Brake drums and rotors shall be turned when brakes are relined.
6) Windshield Washers. Windshield washers of the
type regularly furnished by the manufacturer must be furnished.
7) Heaters. First quality heaters as regularly
furnished by the manufacturer, suitable for ambulances, shall be provided.
Heaters must be complete with defrosters, and factory installed.
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8) Windows and windshield. Shall be of safety glass.
9) Air Conditioning. First quality air conditioner capable
of maintaining temperatures in the ambulance at comfortable level must be
furnished.
10) Height. Ambulances placed into service in the performance
of this contract shall have an inside height (floor to roof) of at least sixty (60)
inches.
11) Marking. Each ambulance must be marked distinctively
with the name of the company providing ambulance service and a specific number
individually designating each ambulance vehicles leased to Contractor by Entities
shall, after the number, and in the same size, be marked with "PV".
12) All minimum specifications of KKK-A-1822, except for extri-
cation equipment and storage thereof, are required to be met by each vehicle
and shall continue to apply to all vehicles, normal wear and tear excepted.
b. Radios
1) Each ambulance and the ambulance dispatcher shall be
equipped with a two-way radio capable of maintaining constant communications
with all ambulance and dispatch radios within Wichita County.
2) Contractor agrees to supply the radio system , including
tower, and to maintain the equipment in good working order.
c. Medical/Emergency Supplies
Contractor agrees to furnish at its expense the equipment set out
in Exhibit "B" in sufficient quantity to fully stock each ambulance at all times.
VII.
Vehicles shall at all times, when not on call, be available and subject to
inspection by the Director of the City/County Health Unit or his designee at a
location and in such a manner as he may require. In event of mechanical defects
or equipment defects, the Director of the City/County Health Unit 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 Ten Thousand Dollars ($10,000) guaranteeing the full and faithful
execution and performance of the contract. Said bond shall be executed by the
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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 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 covenants 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 of whatsoever
kind or 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 or 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; $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. 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 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 "C" (use of substation) are part of
this contract as if specifically written herein. All terms and conditions of
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Exhibit "D" shall, when executed, be an integral part of this contract as
if specifically written herein. It is understood that Entities are to provide
two (2) ambulances within sixty (60) days of the effective date of this contract,
subject to availability, at which time Exhibit "D" , 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 prefer-
ence, he shall be taken to the emergency room of a local hospital.
XII.
Entities herein shall create an Ambulance Advisory Committee to consist of
the Chief Executive Officer of each Entity, together with two (2) licensed
physicians practicing within the County of Wichita and one citizen residing within
the confines of Wichita County. The physicians and the citizen will be requested
to serve by the Chief Executive Officers of the Entities. The Committee will
have the responsibility to be the intermediary between the Entities elected offi-
cials and the Contractor, and to make recommendations to their governing bodies
concerning problems that may occur, and other matters concerning ambulance
services within Wichita County.
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 inves-
tigations of events requiring emergency medical service.
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.
XIV.
Contractor shall keep all of his financial records in a manner consistent
with generally accepted accounting principles, practices, procedures and stand-
ards as defined by the American Institute of Certified Public Accountants. Not
later than February 1 of each year, Contractor will at his expense
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employ an independent certified public accountant to audit the books and
records of Contractor upon the conclusion of each calendar year. Within
sixty (60) days after the end of each calendar year, an audit report of the
previous year 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.
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 Contractor.
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, and shall be filed not
later than the 15th day of the month following the reported month.
XVI.
The Entities covenant and agree to pay Contractor for providing emergencyY
and transfer service in the County of Wichita, Texas, as provided for in this
contract the sum of Seventy Thousand ($70,000.00) Dollars annually, 1/12
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, service charge, collection ratio,
cost of operation, operational efficiency, maintenance of vehicles, and other
factors.
XVII.
All payments required or which may be hereafter required under this
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Contract shall be due and payable to 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 Contractor, except as
otherwise required by law.
XIX.
This contract shall become effective as of 12 : 01am April 25, 1981, and
shall continue in force and effect until 12 : 01am April 25, 1985. It is
entered into subject to the Charter and Ordinances of Entities and to applicable
State laws. This contract may be extended for additional one-year terms upon
written agreement of both parties.
XX.
Upon receipt of the annual audit as specified in Paragraph XIV above, the
terms of this contract will be reviewed by the Entities, and shall be subject to
renegotiation if agreed upon by all the parties.
XXI.
This agreement shall terminate on the occurrence of any of the following
events: 1) Notice of dissolution of contractor's corporation - contractor
expressed termination between entities; 2) At any time after the contractor
fails to perform his duties under this agreement for whatever cause for a con-
tinuous period of more than 60 days after notice, all obligations of the contractor
hereunder shall cease upon any such termination; 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 after notice is given; 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 confuted pro rata up to and including that date and contractor shall 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 City of Iowa Park
P. 0. Box 1431 P. O. Box 190
Wichita Falls, Texas 76307 Iowa Park, Texas 76367
Attention: City Manager Attention: City Administrator
City of Burkburnett
415 Avenue C.
Burkburnett, Texas 76354
Attention: City Manager
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TO COUNTY: County of Wichita
Wichita County Courthouse
Wichita Falls, Texas 76301
Attention: County Judge
TO CONTRACTOR: Mr. Joe Plumlee
Plumlee Ambulance Service
131 W. Church, Weatherford, Texas 76086
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: PLUMLEE AMBULANCE EMS, INC.
By:
Corporate Secretary Joe Plumlee, President
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EXHIBIT "B"
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.
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.
27. Two-way radio.
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EXHIBIT "C"
USE OF CITY OF WICHITA FALLS FIRE STATIONS
BY PLUMLEE AMBULANCE EMS , INC.
The City will provide the following items at each of two fire station
locations (1701 Midwestern Parkway and 1215 N. Beverly, see map) , for
and in consideration of contractor meeting the response times stated in
the contract to which this is attached.
a) One heated parking bay for ambulance.
b) Shared lounge facilities.
c) Shared lounge facilities.
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 regula-
tions 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 "D"
STATE OF TEXAS
COUNTY OF WICHITA
AMBULANCE LEASE AGREEMENT
This lease made and entered into this the day of
1981, by and between the Cities of Burkburnett, Iowa Park and Wichita Falls,
Texas, acting by and through their respective City Manager or Mayors; and
the County of Wichita, acting by and through its County Judge, hereinafter
called "Lessor" and hereinafter
called "Lessee".
WITNESSETH:
That it is the intention of Lessor and Lessee to acquire through proper
procedures, two 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 equip-
ment, intended use, and lease term for each vehicle, shall be as specified
below (and in such written Addenda to this lease as Lessor and Lessee may
execute from time to time) :
VEHICLE OPTIONAL EQUIPMENT
a) Except for the specified optional 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 four (4) 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, registra-
tion, 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 govern-
mental fees, taxes, charges and assessments which may be imposed in connect-
tion with any vehicle and the result of its use by Lessee.
6. Maintenance and Repairs.
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 repairs and replacements thereto. Title
to all replacements shall vest in Lessor, unless otherwise stated, the
minimum acceptable maintenance will be the strictest recommended by
manufacturer as approved by Entities.
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 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 certificate 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
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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 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 employees)
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
with respect to any vehicle :
i) All vehicles shall be returned in as good order and
condition, except for ordinary wear and tear, as when first received
from Lessor.
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 consequential damage or any inconvenience
resulting from any theft, damage to, loss of, defect in, or failure
of any vehicle, or the time consumed in recovering, repairing, adjust-
ing, 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.
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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
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 bank-
ruptcy 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 of execution to become attached thereto
unless such petition, assignment, appointment, lien, attachment or levy be
withdrawn or nullified within 20 days) : then in any such event, Lessor may,
at Lessor's option, by written notice to Lessee, terminate this lease.
16. Termination Rights.
Upon the expiration or termination, pursuant to Paragraph 7 (e) , or
16 of this lease, all vehicles and all Lessee's rights therein shall be
surrendered to Lessor as provided in Paragraph 12 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 stall 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 no amendment supplement or other modification
may be made otherwise than in writing signed by each party hereto.
18. Counterparts and Recording.
Lessor and Lessee agree to execute this lease in as many counterparts
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 such
recording or filing and shall pay 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, perform the
same and upon performing the same shall be reimbursed upon demand for all
sums paid or incurred therefor.
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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:
ATTEST: CITY OF BURKBURNETT
By:
City Clerk City Manager
ATTEST: CITY OF IOWA PARK
By:
City Secretary
ATTEST: COUNTY OF WICHITA
By:
County Clerk County Judge
ATTEST: PLUMBLEE AMBULANCE EMS, INC.
By:
Corporate Secretary Joe Plumblee, President
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