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Min 04/24/1981 31 Wichita Falls, Texas Memorial Auditorium Building April 24, 1981 Item 1 The Board of Aldermen of the City of Wichita Falls, Texas, met in emergency session on the above date in the Council Room of the Memorial Auditorium Building at 4:00 o'clock P.M. , with the following members present. Kenneth Hill Mayor Gene Shearman John Hampton, Jr. Carol Russell Aldermen Curtis Smith James B. Thomas Horace 0. Boston Stuart Bach City Manager Kyle Morrison Assistant City Attorney Wilma J. Thomas City Clerk Fred Werner Director of Finance The invocation was given by Alderman Thomas. Item 2 This emergency meeting of the Council was called to consider ambulance service for the City of Wichita Falls and Wichita County. A proposed resolution was presented rejecting the bid submitted by Paramed Systems, Inc. ,/ RESOLUTION NO. 2780 RESOLUTION REJECTING AMBULANCE SERVICE PROPOSAL OF PARAMED SYSTEMS, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain ambulance service bid of Paramed Systems, Inc. received in March, 1981 , calling for a first year subsidy in excess of $700,000 is hereby rejected. Moved by Alderman Thomas that Resolution No. 2780 be passed. Motion seconded by Alderman Shearman, and carried by the following vote. Ayes : Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None � Item 3a A proposed resolution was presented approving and authorizing the City Manager to execute a multi-jurisdictional cost-sharing agreement for ambulance service. City Manager Stuart Bach explained the proposal for ambulance service agreed to by the cities of Burkburnett, Iowa Park, Wichita Falls, and Wichita County. He stated that fire stations will be designated as locations for the ambulances. Four ambulances fully staffed would have to be available 24 hours a day. Mr. Bach noted that enhanced service and better response time will result. This service level calls for a basic subsidy of $70,000 for the first year, plus $48,000 for two ambulances, for a total of $118,000. Mr. Bach 32 Item 3a, cont'd. explained that the ambulances will be owned by the City of Wichita Falls, and leased to Plumlee. The level of service will be the same that we presently have. He recommended that we contract with Plumlee Ambulance EMS, Inc. , of Weatherford, Texas. Cost sharing would be as follows : Wichita County, 50 percent; City of Wichita Falls, 42 percent; Burkburnett, 5 percent; and Iowa Park, 3 percent. V1 RESOLUTION NO. 2781 RESOLUTION APPROVING MULTI-JURISDICTIONAL AMBULANCE SERVICE COST SHARING AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME FOR THE CITY OF WICHITA FALLS. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain multi-jurisdictional ambulance service cost sharing agreement, a copy of which is attached hereto, whereby the Cities of Burkburnett, Iowa Park and Wichita Falls, and the County of Wichita, are to share certain costs of an ambulance service contract is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. Moved by Alderman Thomas that Resolution No. 2781 be passed. Motion seconded by Alderman Boston, and carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None ,/�Item 3b A proposed resolution was presented approving and authorizing the City Manager to execute a contract with Plumlee Ambulance EMS, Inc. , for ambulance service. /RESOLUTION NO. 2782 RESOLUTION APPROVING AMBULANCE SERVICE CONTRACT WITH PLUMLEE AMBULANCE EMS, INC. THAT:BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, 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. Moved by Alderman Hampton that Resolution No. 2782 be passed. Motion seconded by Alderman Shearman. Alderman Thomas inquired about Mr. Plumlee. The City Manager explained that each year he provides an independent audit by a certified public accountant to the cities and counties which he serves, and they have found him to be satisfactory. Alderman Thomas inquired concerning gross or net profit. The City Manager stated this was not put in the contract. Mr. Plumlee stated that he had a 74.9 percent collection rate in his first year of operation, and last year it was raised to 83 percent. Alderman Shearman asked how long it will be before service could be placed in actual operation? Mr. Plumlee stated that they are ready to take over right now, but he has not discussed with the City Manager as to when he will take over. The City Manager stated that he has reviewed the contract several times, but that if any oversights are found in the contract, they will bring it back to the Council . 33 Item 3b, cont'd. The motion for passage of Resolution No. 2782 was carried by the following vote: Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays: None Mayor Hill welcomed Fred Werner as the City's new finance director. v/jtem 4a City Manager Stuart Bach requested emergency authorization to purchase two new ambulances and associated equipment. He explained that Mr. Plumlee can have two ambulances here tonight and two more late tomorrow. By Sunday morning we could have four ambulances in service. The ambulance is a van type. Moved by Alderman Thomas that the purchase of two ambulances from Summers Ambulance, Duncanville, Texas, be authorized in the amount of $21 ,965.00 each. Motion seconded by Alderman Shearman, and carried unanimously. �Item Sa Discussion was held on an appropriation to provide additional monies for the provision of ambulance service. City Manager Stuart Bach stated that Mr. Coburn had requested $650.00 per day for two additional weeks. This extra amount would be in addition to what he takes in from his business. The Council was opposed to paying him this additional amount. /'ORDINANCE NO. 3787 AN ORDINANCE MAKING AN APPROPRIATION FROM THE GENERAL FUND TO ACCOUNT NUMBERS LISTED BELOW, AND DECLARING AN EMERGENCY. Moved by Alderman Thomas that Ordinance No. 3787 be passed, appropriating $14,000 for the provision of ambulance service. Motion seconded by Alderman Hampton. Mr. Plumlee stated that two new ambulances will be in tomorrow instead of tonight. For organization purposes it would be much better for them to have two or three days notice. He has an ambulance here now which is ready to go. The Council desired that he take over the service now. Alderman Smith wondered if the Council would consider giving Mr. Coburn a chance to operate for four or five days more. City Manager Stuart Bach stated that they had already tried to work this out with Mr. Coburn, and he was not agreeable. Alderman Shearman stated that he feels we should make this transition with speed; clean and quick. He would be willing to support Mr. Plumlee in any out- of-pocket costs which he may have. Alderman Thomas agreed. Alderman Hampton stated that the Council is willing to do what is necessary for the full coverage of our citizens. It was pointed out that Mr. Coburn would not continue the service for anything less than two weeks. The motion for passage of Ordinance No. 3787, was carried by the following vote. Ayes: Mayor Hill , Aldermen Shearman, Hampton, Russell , Smith, Thomas, and Boston Nays : None 34 The Board of Aldermen adjourned at 4:40 P.M. PASSED AND APPROVED this day of_A�f,�" 1981 . o MAYOR ATTEST: CITY CLERK Tlir_ STATE OF TEXAS N Y CC'J.`�'TY OF WICHITA ','HE R 10� 1 , a cortain LAS , on tlic Jav 0 f contract ��as entered into by and between the CitV Of 9Urk_ ur1 ('tt , Texas , tile Citv of Towa Park, Toxas , the CitV Of ��TiC hita Falls , Texas , and the County of Wichita, Texas , hereinafter called "Entities" , and Plumlee T,�mbulance EMS , Inc. , by Joe Plumlee , President hereinafter called "Contractor" , said contract being for the pro- vision of ambulance service to the Entities on an independent contractor basis ; and WHEREAS , the Entities have agreed in said contract to furnish a subsidy to assist Contractor in providing ambulance services to citizens of the Entities , and WHEREAS , the Entities have agreed in said contract to furnish, by lease , certain ambulances to Contractor for use in providing ambulance service within Wichita County, Texas , as well as various items of equipment associated therewith, and WHEREAS , the Entities desire to formulate the basis and method for acquiring and disposing of said ambulances and equipment; NOW, THEREFORE, the Entities , in furtherance o-F their collective desire to purchase and furnish for the use of Contractor various ambulances and equipment associated therewith, do hereby agree to the following terms and conditions : The Entities agree to provide a subsidy as stated in the Ambulance Service Contract of even date herewith and to Day their share stated below to the City of Wichita Falls on or be-Fore the 25th of each month for payment to Contractor . The amount due will be figured by adding the cash subsidy, the cost of supplying ambu- lances and equipment , and the cost of making available the fire stations as stated in Exhibit 11C11 to the Ambulance Service Contract , then multiplying by each Entities ' share . The City of Wichita Falls shall receive full credit for providing the Fire Stations and such credit shall be fully deducted from its amount due under the percent- age allocation of costs . The allocation of costs shall be as follows , t Sentenco , virious ' �oms or 'in-, amlr)"11'1-nc��-; --i a,�- disposeci of and funds ma\- be d'vidod amonlc-, the Fnti 'LlOs in ,n%, manner as -,av bo Iloi-eafter a(-,rced to in tl,�o 1'ntitios . VT I . This anroement constitutes the full and complete aareeiTient between the Entities concerning the purchase , leasina, and disposal of ambulances and other equioment necessary to implement that certain contract between the Entities and Contractor dated the day of � 1931 , and shall become effective on the date of the execution heroof. Executed in duplicate originals this dav of 1981 . ATTEST : CIT! WICHITA FALLS , TEXAS By: Cit c1ty Clc�rk City Manager A P P,R,O�ME-D CITY OF BU URNE C i t)---A-t-r6 rn-ey By: ATTEST: itv Manager 6f I I City Clerk CITY OF IOIVA PARK ATTEST: By: Mayor City Secretary COUNTY OF IV ATTEST: By: County Judge County Clerk ATTEST: PLUMLEE AMBULANCE EMS , INC . By: Corporate Secretary Joe Plumlee, President 3 O'F ',,,'ICHITA THIS- :ONTRACT i-,iade and entered into as Of th,.3 251-hClay of Anril r 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 PP!6. -7,-, haill, at it- 7,aintaln a �iolei:�hone 3ntractor s.- s sole exicense, -pol-i -ce als 7�nnection 'oetween its base staticn, and tine Citv 0� and Iirec� communications 1:,,,_twe(-_,n its �)dS(2 stat'O�n ind all substations. 7he teleTDhone will 'no manned twenty-four (24) hours eac I n dav 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 (13) 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 -3- (8) Windows and windshield. Shall be of safet'v glass. (9) Air Conditionint--. 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 Z� individually designating each ambulance vehicles leased to Contractor by Entities z' 1TV" . shall, after the number, and in the same size, be marked with (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 -5- 'ExhFibit r"VIDF" shall, when executed, be an intog-ral part of this contract as if specificallv written herein. it is understood that Entities Lire to provide two (2) ambulances within sixty (60) clays 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. X1. 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 I 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 -7- Ccn,�=­ct s-all be c-ind payable --o -.%ic-ita and venue -for v s,-L-s f4 1 ed cn this Contrac+ sl-iali be in '--ichita 7exas. 'VI I I. Durin­� �he pe-riod. in which this contract is in force and effect, all Cal-is .7 -or anbullance 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. X`IX. This contract shall become effective as of 12 : 01am Arril 25, 1981, and shall continue in force and ef fect until 12 : 0 1 am Ap r i 1 25, 1985. It is entered into subject to the Charter and Ordinances of Entities and to applicable State laws. This contract n-ay be extended for additional one-year terms upon written agree-T,-ent of both parties. XX. Upon receipt of the annual audit as specified in Paragraph XIV above, the terms of this contract will be revievped by the Entities, and shall be subject to Tenegotiation if agreed upon by all the parties. This agreenent 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 tirm 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 per man ent breach of the obligations of the contractor to the entities under this agreem-ent unless waivered by the entities upon proper notice. in the event of the termination of this agreeH�ent prior to corrpletion 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 agreen-ent conputed 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 par-ty as follows: To CITY: City of Wichita Falls City of Iowa Park P. 0. Box 1431 P. 0. 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 _9- E,\21IBIT "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) . S. 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. z?,A EXHIBIT "C" USE OF CITY OF WICHITA FALLS FIRE STATIONS BY PLUMLEE AMBULANCE EMS , INC. The Citv 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. t Z!� b) Shared lounge facilities. c) Shared louncre facilities. ZD 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- Z3 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. g-2 :J11-3:7 OF TEXAS COUNTY OF WICHITA -01BUL -ANCE LEASE AGREEMENT This lease made and entered into this the —day of 1981, bv and between the Cities of Burkburntt, Iowa Park and Wichita Falls, City Manager or Mayors; and Texas, acting by and through their respective the Countv 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. d under the laws of the This lease shall be construed and interprete 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 Les'see 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. to Lessor) and 'Oorne by Lossee . (g) Any proceeds of anv insurance Qrovided pursuant to -,this Paragraph 7 that shall be received by either Lessor or Lessee for anv loss or casualty that has been made good by the other shall be paid to the other upon satisfactory proof that sucn is then in loss or casualty has been made good , unless such other 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. -3- T-4 WITNESS t1le '�ar--' eS nave caused '-'nis --3 be signed on the date firs-- a;�,ove Stated. ATTEST: CITY OF WICHITA FALLS, TEYAS 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 5