HomeMy WebLinkAboutContract 14885 CITY SECRET ,
STATE OF TEXAS
CONTRACT No/
COUNTY OF TARRANT
This contract is made by and between the City of Fort Worth (City) , a home-
rule municipal corporation situated in Tarrant County, Texas, acting by and
through its duly authorized City Manager, Douglas Harman, the Fort Worth Ambu-
lance Authority (Authority) , acting by and through its Chairman, .Wi11iam N.
Garrison, and Texas L.ifelife Corporation (Contractor) , a Texas corporation,
acting by and through its duly authorized President , Tom Morgan.
For the mutual consideration herein expressed, the parties hereto agree as
follows:
I .
INCORPORATION OF BID MATERIALS
The parties agree that their respective rights, duties , and obligations in
regard to this contract for the provision of ambulance services shall be in ac-
cordance with the Request for Credentials and the Request for Proposal issued by
�. the Authority on behalf of the City of Fort Worth, and the Proposal submitted in
response thereto by Contractor consisting of Part I (Volume I & 2) entitled "Cre-
dentials Statement and Part II (Volumes 3 & 4) entitled "Proposal ", all of said
documents being incorporated herein in their entirety by this reference, except
as the provisions thereof are specifically modified by the provisions contained
in the body of this agreement. Provided, however, that Contractor's obligations
shall not include those provisions of said proposal which are identified as op-
tional system enhancements and listed in Exhibit A to this agreement , unless
subsequently agreed to by the parties in return for mutually acceptable increases
in compensation.
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II .
RESPONSE TIME STANDARDS
Contractor shall meet the response time commitments as prescribed in Volume 3
(Pages A-l., A-2) of the contractor's proposal . By way of clarification of the
terms thereof by the parties hereto, it is agreed that Contractor shall comply
with the stricter response time standard of eight (8) minutes on ninety percent
of defined life-threatening emergency requests for service within ninety days
after the installation of an effectively operational computer-aided dispatch
(CAD) system having the essential features which are listed in Exhibit B to this
agreement. In the event that a dispute exists regarding the operational
sufficiency of said dispatch system, the parties agree to arbitration of the
matter, and hereby appoint Jack Stout , of The Fourth Party, Inc. as arbitrator to
determine the issue of operational sufficiency and to make recommended
modifications if it does not. The cost of said arbitration shall be shared
equally by the City and the Contractor.
III.
RIGHTS TO CAD SYSTEM SOFTWARE
The parties shall have the following rights in regard to the CAD System soft-
ware package to be developed:
A) Contractor shall have the exclusive right to market the software. This
right may be assigned by Contractor with the written consent of the City,
which consent shall not be unreasonably withheld. Provided, however, that
Contractor agrees that Contractor, and its assignees , shall use its best
efforts to market said software package and cannot withhold sale of the
software to other companies engaged in the ambulance industry at a
reasonable market price. In the event of a breach of these covenants the
City, in addition to any other remedies available under law, may proceed
to market and sell said software on its own behalf.
B) All net income from the sale of such software shall be divided equally by
the City and the Contractor until the Authority has been reimbursed for
all actual direct costs incurred in the development of the software which
reimbursement shall not exceed $80,000.
C) After the City has been reimbursed for its. actual direct costs of software
development , Contractor shall pay to City a royalty of 10% of the gross
proceeds from the sales of the license and/or property rights to said
software system. It is agreed that City shall have no right to royalty on
proceeds not related to the licensing and/or sale of rights to the
software, such as revenue derived from installation, testing, and support
services.
D) The City shall not be liable to Contractor for any losses incurred in the
marketing of the system.
E) Any modifications to the software to be.made by the City after its initial
development shall be arranged through a separate sub-contract with the
City.
F) Both the City and Contractor, and Contractor' s parent organizations , shall
have the right to use the software in-house in any of their operations ,
without charge.
G) The revenues derived from the sale or licensing of the software is not
required to flow through the Accounts Receivable Trust arrangement.
IV.
SUBSIDY/COMPENSATION
The parties agree that the compensation to be paid Contractor by way of
subsidy as referenced in the 1st paragraph of Section II(7) of the Request for
Proposals (p. 70) shall be structured as follows:
A) First Year' s Subsidy
For work performed and start-up costs incurred prior to April 1, 1986 (see
Exhibit D) , Contractor shall be paid $293,800. For services rendered from
April 1, 1986 through March 31,_ 1987, Contractor shall be paid $546,200.
The method of payment to Contractor shall be in the form of subsidy
payments of $70,000 per month payable as described in the Request for
Propsals. No interest shall accrue on the $293,800 amount and said amount
shall be amortized by equal pro rata allocation of the first 12
installments of $70,000.
B) Subsidy After First Year
For services performed from and after April 1, 1986, and continuing
throughout the term of the contract, the monthly subsidy payments shall be
$70,000 per month, unless reduced after the 18th month of the contract
term, in accordance with the provisions of the Request for Proposal .
V.
Tile parties agree to the following commitments and clarifications:
A) Contractor shall furnish a minimum of sixteen (16) fully-equipped
ambulance units at the beginning of the contract. In addition, Contractor
shall add at least one (1) additional unit within eighteen months from the
contract start-up unless the Emergency Physicians Advisory Board
determines that such additional unit is not necessary for system
performance in compliance with this contract.
B) Contractor agrees to furnish an enhanced initial coverage plan providing a
minimum of fourteen hundred sixty (1460) unit hours per week for the first
three (3) months of this contract. In addition, Contractor agrees to fur-
nish and maintain a fleet size of not less than one hundred twenty-five
percent (125%) of maximum scheduled peak load unit coverage throughout the
term of their contract.
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C) Contractor agrees to and the City commits to furnishing a medical
communications system as described in M&C C-9413, adopted by the Fort
Worth City Council on December 17, 1985, attached hereto as Exhibit C and
incorporated herein. Contractor further understands and agrees with the
delayed implementation of the full communications system and the interim
system as described in said H&C.
D) Contractor agrees to furnish qualified personnel with authority to act on
behalf of the Contractor to assist City in the development of the CAD
system as outlined in Exhibit B to this agreement at no additional cost to
the City.
E) Contractor agrees to assume the management of the procurement of the
medical communications system including but not limited to contract
oversight, testing, and debugging of said system, at no additional cost to
City.
F) Contractor agrees by way of clarification of the contract between the
parties that up to $7,500 of the $100,000 remodeling budget allocated to
the central facility to be provided by the City may be utilized by the
City to renovate the parking lot adjacent to said facility.
G) Contractor agrees to take responsibility for conducting a contest for the
purpose of developing a suitable trade name to be owned by the City and
its Ambulance Authority and to be used by Contractor in conducting its
operations under the contract. The Contest shall be so structured as to
provide several alternatives for said trade name to be submitted to the
Authority, which shall have final approval of the trade name to be
selected.
H) Contractor shall , at no additional cost to the City , apply for and secure
all necessary licenses and permits required for operation. of the system on
behalf of the Authority. All required licenses and permits shall be
issued in the trade name owned by the Authority.
I) Contractor shall have the right to choose a Fort Worth bank to serve as
the depository for the Accounts Receivable Trust. Such bank shall be
subject to approval by the Authority, provided that such approval shall
not be unreasonably withheld.
J) Contractor shall not be obligated to provide incentive programs described
in Volume 3, Attachment B-6 (Productivity Incentive Plan) and Attachment
B-7 (Driving Incentive Plan) .
K) Contractor shall be obligated to provide a Retirement Program as described
in Volume 3, Attachment B-5 (Retirement Program) which may include a
requirement of a minimum of one (1) year employment as a condition of
participation in said Plan.
L) Contractor's budget commitment for a suhscription program shall be on
hundred forty thousand dollars ($140,000) .
VI.
LETTER OF CREDIT; PERFORMANCE GUARANTY
A) Contractor shall provide an irrevocable letter of credit in a form
acceptable to the City Attorney in accordance with the requirements of the
Request for Proposal . Said letter of credit shall be attached hereto as
Exhibit E and incorporated herein.
R) This agreement is conditioned upon the execution of written agreements by
Pled-Trans , a California limited partnership, and Mercy Ambulance, Inc. , a
Nevada corporation, the parent organizations of Contractor, to fully
guarantee the performance by Contractor of all the obligations under this
contract . Said guaranty agreements shall be attached to this contract as
Exhibit F and incorporated herein.
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' . . .
l ^
. .
�, VIl .
INDEMNIFICATION
Contractor, and its parent organizations as described dbOYg, shall indemnify
and hold harmless the City, its officers , agents , and employees , from and against
any and all claims or suits for property damage and/Or p2rGOAdl injury, including
death, arising Out of, directly or indirectly, the provision Of ambulance
services Under this contract whether Or not the claim or suit ari5e5 out Of the
alleged negligence Of the City, its officers , agents , Or employees , Or otherwise.
VIII .
� INDEPENDENT CONTRACTOR
It i5 expressly understood and agreed by the parties hereto that Contractor
shall Operate hereunder as an independent contractor. Contractor shall have the
right to control the details of the services to be performed hereunder, and all
persons performing same. Nothing herein Shall be cOnStruced as creating a
partnership or joint venture between the City and/or the Authority and the
Contractor.
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IX.
'
CHOICE OF LAW
The parties agree that this contract, and all subsidiary agreements related
thereto between the parties, shall be governed by and constructed in 8CCOrd8Dcg
with the laws Of the State Of Texas.
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.`
Executed on this the day of 1986, at Fort Worth, Texas
ATTEST: CITY OF FORT WORTH
Ruth ougl s arma
City Secretary City I ger
Approved as to Fora and Legality FORT W TH AMBULANCE AUTHORITY
Wade Adkins illiam N. Gar
City Attorney Interir� Chairm n
TEXAS LIFELINE CORPORATION
Contract Authorization /1
/—)- - /7-
Date Thomas W. Morgan
President
EXHIBIT "A"
OPTIONAL CLINICAL UPGRADES
A. Special Paramedic ALS Skills and Equipment Enhancements
1. Cricothyrotomy with trochar and jet ventilation
2. Thoracentesis - 11cSwain Dart
3. External Cardiac Pacing
4. High frequency jet ventilation
5. medications - Mannitol , Phenobarbital , Regitine, (See HAZ HED
Response Kit, Attachment B-23, Optional Clinical Upgrades , Proposal Volume
3
6. ETAK or II Morrow navigation/vehicle tracking systems (see Attachment
B-21) Optional Clinical Upgrades , Proposal , Volume 3
7. Hemodynamic Monitoring - Pulse Oximeter (see Attachment B-22) Optional
Clinical Upgrades, Proposal , Volume 3
B. Certifications - Special Additions and Upgrades
1. EMT - Upgrade EMTs to EMT Special Skills Status
2. EtIT To Paramedic Status: Upgrade to full paramedic staffing on all units
3. Pediatric ACLS - Pending authorization of national curriculum and
certification
4. EMT-D (Defibrillation) - Hartson and Mercy can provide the training, as
well as , the necessary on-board equipment for Fire Department personnel
(see the First Responder Program Section, Proposal , Volume 4, for
details.)
C. Special Training Programs
1. Hazardous Materials - comprehensive training and medication (antidote)
list upgrade for all paramedics , including rapid response HAZ MED Antidote
Kit (see Attachment B-23) Optional Clinical Upgrades, Proposal , Volume 3
2. Radiation Incident Management - special on-site training with upgraded
equipment
3. Paramedic Training Program - Start of an in-house paramedic training
program.
D. Special Units
1. Special Trauma and Rescue Team (STAR TEAM) - Described in the First
Responder Program Section (Proposal , Volume 4) this unit, staffed by two
paramedics serve as a control group for new clinical upgrades , procedures ,
protocols, medications , academic studies and so forth. Their special
training in high angle rescue, heavy rescue, high-rise rescue, mass
casualty incidents , Hazinat, Hazmed and SWAT operations , enable them to
offer ALS support to a wide variety of other speciality units and patients
who are involved in unique and dangerous environments.
The STAR team concept is specially designed as an ALS enhancement and will
not conflict or duplicate the mi ss`a ons;;of;:other:-O-bl ice and fire special
units. The specific mission of the STAR team is to provide only the ALS
patient care component to special operations . Cross-training is intended
to orient the STAR Team to the mission requirements and procedures so they
may blend well together.
Cross training would be provided by to Fire Department and the USLA
(United States Life Saving Association) certified high angle rescue course
(see Attachment B-24) Optional Clinical Upgrades, Proposal , Volume 3
2. Critical Care Transport MICU Units - (CCT Units) offers the highest level
sophistication of inter-facility movement of acute patients , safely in an
"ICU - literally on wheels". (See attachments B-25 through B-27) Optional
Clinical Upgrades , Proposal , Volume 3
E. Incentive Programs as described in Volume 3, Attachment B-6 (Productivity
Incentive Plan) and Attachment B-7 (Driving Incentive Plan) of Contractor' s
Proposal .
F. Increase in Contractor's budget commitment for the subscription program.
EXHIBIT B
Enhanced SSM/CAD Features
The following features constitute the enhancements to the Ambulance CAD which, when
completed and found to be operational , shall automatically upgrade Contractor's
life-threatening emergency response time standard to the 8 minute/90 percent, effec-
tive 90 days after completion and acceptance of the enhancements. During the
development of these listed features , additional features may be identified as being
of potential benefit to the system. However, work on those additional features , if
agreed to by Authority, shall not . begin until the features listed herein have been
completed.
1. INPUT OF SSP. A data entry screen format shall be supplied which will allow the
Contractor to input and alter 168 different system status plans (SSP's) -- i .e. ,
a different deployment/redeployment plan for each hour-of-day/day-of-week. Auto-
mated controls shall include the following:
A. Up to 28 units may he controlled simultaneously, and a different deployment/
redeployment subplan may exist for each level of units remaining available for
dispatch -- i .e. , total number of subplans equals 28 x 168.
B. Security code access shall allow Contractor to limit access to SSP entry/
change screen.
C. While the "post status" screen can handle up to 28 units at 28 different posts
(plus two "dummy posts") , the "unit status" screen shall handle up to fifty
units.
D. Three character alpha/numeric unit ID codes shall be used.
E. Post status screen shall display "Non-emergency Cutoff" and "On Call 'Callup"
messages as per SSP specifications for each hour-of-day/day-of-week.
F. Program will provide alert and documentation of each instance where a non-
emergency run is dispatched while system is at or below nonemergency cut-off
level . (Tripping flag byte in primary data record for that run, and
displaying dispatch error message.)
G. Pending run file shall allow for entry of scheduled calls at least seven days
in advance of scheduled pick-up time, and pending call display shall auto-
matically advance pending calls by priority code first , length of delay within
priority code, followed by nonemergency requests listed in order of scheduled
pick-up times.
H. The post status screen shall incorporate "post priorities" and "equal post"
features and control for same as per SSP specifications.
EXHIBIT B
Enhanced SSM/CAD Features
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I. The dispatch screen shall include provision for entry of up to five items of
equipment picked up or dropped off at facility, identifying inventory ID
number, facility ID number, and pickup/drop indicator. Such data shall be
retained in the primary data record for that run. A separate screen format
showing "Equipment Location Status" shall display current equipment locations,
ID numbers , and related run numbers .
J. Up to three presumptive run code changes per dispatch record shall be allowed ,
with "change reason codes", and the record of such changes shall be retained
in the primary data record. Edit program shall prevent' entry of run code
change without entry of reason code.
K. Dispatch screen shall allow entry. of "audity request" indicator, with reason
code. Edit will bar entry of indicator without reason code entry. Data will
be saved in primary data file.
L. Provision will be made to allow manual change of incident code to allow
linkage of multiple "run" to the same incident . Where multiple units are
dispatched to same incident, arrival time of first unit shall "stop the clock"
-- other arrival times shall not be used in reponse time calculations .
M. The unit setup file shall include the following fields :
1. radio ID number
2. up to three crew ID numbers, with "senior medic" indicator
3. HT page number
4. Monitor page number
5. Up to 10 major equipment inventory ID numbers
6. Crew shift type code
7. End shift time
8. Other fields as needed is documented and agreed to
9. When primary data for each run is logged off to magnetic tape of other
medium for daily delivery to Contractor, the complete setup file for the
unit involved shall be added to the end of each respective run record.
N. Post status screen display shall distinguish units at post from units enroute
to post , shall indicate presence of multiple units at same post , and shall
provide for "overdue unit" alert message indicating need to refer to unit
status screen.
EXHIBIT D
Ambulance Supplies $ 2.2,000
Advertising 19,500
Auto Expenses 11,000
Casual Labor 4,500
Computer Expenses 4,600
Insurance 30,000
Equipment Leases 27,300
. Legal Fees 8,000
Licenses 7,900
Payroll and Payroll Taxes 102,300
Postage 1,200
Professional Services 14,000
Public Relations 15,000
Recruiting 1,500
Rent 2,000
Telephones 3,000
Travel 18,00(1
Utilities 2 ,000
$293,800
EXHIBIT F
UNCONDITIONAL CONTINUING GUARANTY
In consideration of and as an inducement to the
City of Fort Worth, Texas ("Fort Worth" ) , granting to Texas
Lifeline Corporation, a Texas corporation ("TLC") , that
certain Agreement for the provision of ambulance services by
TLC to Fort Worth, dated ;{S /'e�ruRr 19861 (the
"Agreement" ) , the undersigned, Mercy, Inc. , a Nevada cor-
poration, and Med-Trans, a California limited partnership,
doing business as Hartson Ambulance Service (hereinafter
collectively referred to as "Guarantors") , hereby jointly
and severally, unconditionally guarantee to Fort Worth the
due and timely performance and full and prompt payment of
any and all Obligations of TLC in and under the terms and
provisions of the Agreement, together with any extensions or
amendments thereto.
The term "Obligations" is used herein in its most
comprehensive sense, and includes all promises , obligations
and liabilities, whether monetary or non-monetary, made by
or imposed upon TLC in and under the Agreement.
The obligations of Guarantors hereunder are joint
and several and independent of the obligations of TLC, and
separate action (s) may be brought against Guarantors, one or
both, without joinder of or action against TLC.
This is a continuing guaranty of the Obligations,
including those arising under subsequent or successive
transactions between Fort Worth and TLC, which may either
continue, modify or increase the Obligations.
The obligations of Guarantor hereunder are per-
formable in Tarrant County, Texas, and venue in any action
to enforce the obligations of Guarantors shall be in such
county.
The obligations of Guarantors hereunder shall be
binding upon their respective successors and assigns .
IN WITNESS WHEREOF, the undersigned�6uarantors j,�
have executed this Guaranty this �'� day of I'��tt I
194.
MERCY, INC a Nevada MED-TRANS , a California
corporati limited partnership
TriStar
INSURANCE COMPANY PERFORMANCE BOND
X
BONDNUMBER............ ....1.0.0.0.0.4..........................................
KNOW ALL MEN BY THESE PRESENTS:
That .T...e..I x...a..I s...,..1....i f I..6 l...in...e I..Corporation,...D.B.A.:.......XedSt.ar.....A..mbulanc e...Service
..........................................
......................................................................................................................................................................................................................... as Principal,
hereinafter called Contractor, and TRISTAR INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Arizona.
Phoenix,Arizona,as Surety,hereinafter called Surety,are held and firmly bound unto......Fort Worth Ambulance Authoritv
............. .........I............I................................ ..........
and/or the City of Fort Worth
..........I..........................."...........................................................................................................I................................I........... ........................................
as Obligee, hereinafter called Owner, in the amount of....Two-hundred.,.,,,thqus.ql�d....and...
.... .. ......... .... .....-------------
------------------------------------------------------
..................................................... Dollars ...........
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS,. Contractor has by written agreement dated ,.,,..,.,,January 28.............. 19..86 entered into a contract with Owner for
.1
Ambulance transportation and related medical care services
in accordance with drawings and specifications prepared by ........City...of EqK� Wo rth and
... -- .........I...........
..i...........................................................
(Here insert full name, f.te and address)
...........
the....Fort....Worth...Ambulance....Authority................................................... which contract is by reference made a part
.. ...............1.1... —........... ...
hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform
said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the Owner.
See Endorsement #1
Nx)xomxxxxxxxxxxxxxxxxxxxxxxxxxxxx
OMMAX
Kyle
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the
Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or
the heirs,executors, administrators or successors of the Owner.
Signedand sealed this......... ........... ..................day of.............. .............................. 19....
Inthe presence of: ........................ .................I.................... .......................... ........
B I ....... (Seal)
.............................................................................
(Witness) y Principal
TRIST j3ANCE' PANY
(Witness) ...... ................... (Seal
ByA 'Yi�sident,TM 22,7ri
Y* e —Jer
TEXAS
AMERJCAN
BANK
FORT WORTNHA.
March 19, 1986
Mr. Bob Terrell
Fort Worth Ambulance Authority
1000 Throckmorton
Fort Worth, Texas 76102
Dear Bob:
Please find enclosed your original of the Corporate Customer
Services and Lock Box agreements.
Please call me at 817/338-8653, if S can provide any
additional assistance.
Sinc rely,
Carolyn E. Morton
Corporate Customer Services Officer
Enclosure
P.O.Box 2050
Fort Worth,Texas 76113
(817)338-8011
CORPORATE CUSTOMER SERVICES AGREEMENT
The Texas American Bank/Fort Worth, N.A. ("Bank") with its principal
offices at 500 Throckmorton Street, Fort Worth, Texas 76102, agrees to
provide certain cash management services for Fort Worth Ambulance
Authority and Texas Lifeline Corporation ("jointly referred to as
Customer") with its principal offices at 1000 Throckmorton, Fort Worth,
Texas 76102 and 3010 South Grove, Fort Worth, Texas 76104, respectively
subject to the following terms and conditions:
I. The following attached schedules are made part of this
Agreement:
Schedule(s) A: Supplement (s) signed by Bank and Customer
indicating the services to be provided Customer by
Bank and the related Bank and Customer processing
requirements;
Schedule(s) B: The Bank' s prevailing Schedule of Fees for
Commercial Accounts and any such additional fee
schedule (s) as may be hereafter provided to
Customer;
.Schedule (s) C: When applicable, supplemental Agreements by Bank
and third party providers of services, including
additional signed supplements and addendums as may
be mutually agreed upon and hereafter attached.
II. Customer shall furnish the Bank the data at the time specified
for processing in accordance with Schedule(s) A and such
additional schedules as the Bank and the Customer may hereafter
mutually agree to add. This data shall be complete, correct, in
good condition, and ready for processing. Any data not so
prepared may be returned to the Customer for proper preparation
and then refurnished to the Bank for reprocessing. Reprocessing
will be scheduled by the Bank at the earliest available time.
III. By this Agreement, and unless otherwise agreed to in writing, the
Customer does not obtain any title or interests in the computer
programs used at any time by the Bank in performing the services
hereunder.
IV. Customer shall be responsible for the delivery and accuracy of all
original input data it is required to furnish hereunder and shall
take delivery of all output data at Bank at the times and
intervals specified in the applicable Schedules A and B. Customer
agrees to carefully inspect all output reports and reject all
incorrect reports within three (3) business days after receipt
thereof for daily and weekly reports, and within ten (10) business
days after receipt thereof for monthly or other periodic reports.
Failure to so reject any such report shall constitute acceptance
thereof.
V. Bank shall not be liable for losses or damages arising from the
processing operations provided hereunder unless such losses or
damages were caused by the gross negligence or willful misconduct
of its employees or the employees of any third parties from whom
the services involved are obtained as provided in Paragraph XIII
below. Bank 's liability for losses or damages from any and all
occurrences, including those caused by Bank's gross negligence or
willful misconduct, during any given month arising out of or in
any way related to the operations provided hereunder, shall not
include any amounts for special, indirect, consequential, or
punitive damages of Customer or third parties. In addition, no
action regardless of form arising out of the services provided
under this Agreement may be brought by Customer more than six (6)
months after the Customer discovers or should have discovered the
alleged cause of action.
VI. Each party agrees to indemnify and hold the other harmless from
all losses, liabilities, costs, damages and expenses which either
may incur as a result (wholly or in part) of the defaulting
party's failure to comply fully with its obligations hereunder.
In the event of a default by either party under this Agreement,
including failure of Customer to pay all fees due Bank when due,
the defaulting party also agrees to pay the other party all
reasonable costs incurred as a result of such default, including
all attorney's fees and expenses of collection or otherwise. Each
party reserves the right to terminate this Agreement by written
notice to the other party in the event one party ceases conducting
its business in the normal course, becomes insolvent, makes an
assignment for the benefit of creditors, or in the event of the
filing of a petition in bankruptcy by or against a party under any
bankruptcy or debtor's laws for its relief or reorganization or
for the extension or readjustment of its obligations.
VII. Neither Bank nor Customer, respectively, shall be held in default
hereunder if its failure to comply with this Agreement is due to
causes beyond its control, including, without limitation, acts of
civil, military or banking authorities; national emergency; fires;
flood or other catastrophe; acts of god; insurrection; war;
rioting; failure of transportation, communications or power supply
or labor dispute.
VIII . The effective and termination dates shall be as follows:
A. The term of this Agreement with respect to the services
to be provided by Bank began, or will begin, on the effective
date of each of the attached schedule(s) or supplement (s)
pertaining to such services, to become effective and shall
continue unless otherwise terminated by either party upon
thirty (30) days' prior written notice to the other. Service
fees may be increased or decreased by the Bank after giving
written notice to Customer of such proposed change at least
thirty (30) days prior to the proposed effective date of the
change.
B. Upon termination for any reason by Customer, Bank shall make
every reasonable effort to return to Customer the applicable
Customer 's records that are maintained by Bank hereunder in
whichever of the following ways is appropriate for the
service(s) provided and is mutually agreed to:
1. A copy of the records as they are maintained by Bank on
cards, magnetic tapes, disks or other recording devices;
or
2. A copy of the records printed on paper, ledger sheets,
etc. , in a format mutually agreed to.
Customer agrees to bear the reasonable cost of returning such
records to the Customer including, without limitation, the
costs of creating specialized computer programs, computer run
time, labor, supplies, postage, and transportation.
IX. Nothing contained in this Agreement shall be construed to imply
that a joint venture or partnership is created by this Agreement.
It is agreed by both parties that the Bank will perform services
for participating Customer under this contractual Agreement as an
independent contractor and is in no way acting as Customer's
agent. Customer shall have no right to supervision of the details
or manner of performance of the services by the Bank.
X. The officers, directors, and authorized representatives of
Customer or any governmental agency exercising regulatory
functions over Customer 's business activities may inspect
Customer's records at Bank during business hours at reasonable
times and after prior written notice of one business day by
Customer to Bank of such proposed inspection.
XI. Bank agrees to handle in confidence all information relating to
Customer's assets, liabilities, business or affairs, and the
assets of any of the Customer's clients or employees received by
Bank in the course of rendering its services.
XII. Customer agrees to pay for all fees due Bank for services in the
form of compensating balances at the prevailing Earnings Credit
Rate specified for Commercial Demand Deposit Accounts Under
Analysis (Account) ; nevertheless, should the minimum balances in
the Account fail to offset the fees for Bank services rendered,
the Bank reserves the right to directly charge the Account for
those outstanding fees. With the Bank's prior consent or at the
Bank's discretion, payment for all fees due Bank could take the
form of direct charges to Customer 's specified Demand Deposit
Account at the Bank or by invoice to Customer to be paid on or
before ten (10) days from date of each invoice.
XIII. In the performance of its services, Bank may obtain such services,
in whole or in part, and from time to time, from one or more
independent third party companies provided that:
A. Bank shall, nevertheless, remain responsible for all of its
obligations as expressed in this Agreement; and
B. Bank will require third party from whom services are obtained
to agree in writing to the same or comparable contractual
obligations agreed to by Bank in this Agreement.
XIV. This Agreement with the attached schedules and supplements
expresses the complete agreement between the parties and
supercedes any previous agreements either written or oral. If any
part of this Agreement shall be terminated, held void, or
unenforceable, such part will be treated as severable, leaving
valid the remainder of this Agreement notwithstanding the part or
parts found to be terminated, void, or unenforceable. This
Agreement shall be construed under the laws of the State of Texas.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their duly authorized officers this 10th day of
March , 1986.
TEXAS AMERICAN BANK/FORT WORTH, N.A. TEXAS LIFELINE CORPORATION
By: Carolyn lftrtoni By: Tom Morgan
Corporate Customer Services Officer President
P.O. Box 2050 3010 South Grove
Fort Worth, Texas 76102 ort Worth, Texas 76104
/ 0 2
F LORTH A LA CE AUTHORITY
jlli Garrison
Boy: Williaj N. GarMioH
Interlm Chairman
1000 Throckmorton
Fort Worth, Texas 76102
I
�I
CORPORATE CUSTOMER SERVICES AGREEMENT
SCHEDULE A
LOCK BOX PROCESSING SUPPLEMENT
I
Lock Box Under the terms of the Processing Su lement o g pp F Texas American
Bank/Fort Worth, N.A. (Bank) and Fort Worth Ambulance Authority and Texas
Lifeline Corporation (jointly referred to as Customer) agree to the j
following:
I. Service Description
Bank shall provide to Customer a unique address to which mailed
remittances routinely directed to Customer shall instead be directed
to Bank. The Bank shall retrieve the mail during numerous scheduled
times. The number of times and hour of day of the mail retrieval are
subject to change by the Bank without notice to the Customer. Upon
delivery of the Customer's mail to the Bank's processing facility, one
or more deposits shall be made to the Customer' s specified account and
remittance information provided to Customer according to section II.
II. Processing
A. Specifications:
1. Account number (Account) : 2-38030
2. Account Title: Fort Worth Ambulance Authority
3 . Unique Address (Drawer) : P.O. Box 99059
4. Customer' s Name: Texas Lifeline Corporation and
Fort Worth Ambulance Authority
5 . Customer ' s Mailing Address: Texas Lifeline Corporation
3010 South Grove
Fort Worth, Texas 76104
6. Customer 's Acceptable Payees: Fort Worth Ambulance Authority
City of Fort Worth Ambulance
Fort Worth Ambulance
Med-Star
Texas Lifeline
Hartson-Mercy
And any other reasonable
variations
7. Customer 's Representative: Tom Morgan (Texas Lifeline
Corporation)
Bob Terrell (Fort Worth Ambulance
Authority)
I
8 . Customer 's Telephone Number: 817/334-0666 (Texas Lifeline
Corporation)
817/870-6143 (Fort Worth
Ambulance Authority)
B. Procedures
1. Remittance: The Bank shall deposit checks on which the
Acceptable Payee is as set out in II.B.6. to Account, and
shall return to Customer any checks that bear a different
payee; however, should the Bank inadvertently deposit checks
bearing the incorrect payee, the Bank shall not be held
responsible for any actions that may result from the
endorsement or deposit of those checks.
2. Document Processing: A photocopy of each check deposited
shall be attached to the corresponding remittance documents
(invoices, envelopes, etc. ) .
3. Deposits: The Bank shall endorse all checks and other
instruments received in the following manner:
CREDITED TO THE ACCOUNT OF THE
WITHIN NAMED PAYEE IN ACCORDANCE
WITH PAYEE'S INSTRUCTIONS
Absence of Endorsement Guaranteed
Texas American Bank/Fort Worth, N.A.
4. Record Maintenance: All deposited checks shall be
microfilmed and this film record will be retained by the
Bank for three (3) years. At the prevailing fee, the Bank
will furnish Customer copies of checks within a reasonable
period of time contingent upon Customer providing the deposit
date, deposit total, and item position on the adding machine
tape for each check copy request.
5. Deposit Criteria: The Bank may charge back to Customer's
Account, at any time prior to midnight on the second banking
day following the day of receipt, any item drawn on the Bank
for other banks which is ascertained to be drawn against
insufficient funds be credited to Customer 's Account subject
to the receipt of final payment in cash or solvent credits by
!; the Bank at its own office. Deposit and collection of all
items shall be. governed in other respects by applicable law.
6. Returned Checks: Checks deposited to the Account that are
returned unpaid shall be charged back to the Account;
subsequently, checks that have been deposited only one time
and deemed eligible by the Bank for deposit a second time
shall be redeposited to the Account unless otherwise directed
by Customer.
7. Remittance Material Disposition: All remittance material,
such as check photocopies, envelopes, adding machine tapes,
deposit slip copies, Customer's invoices, etc. , shall be
provided according to Customer's instruction by one or more
of the following methods:
a. Daily mailing to Customer 's specified address.
b. Periodic mailings to Customer 's specified address.
c. Customer arranges for a courier to pick up remittance
material from the Bank's processing facility and
deliver documents to Customer' s specified address.
d. Other options as may be mutually agreed to by Bank and
Customer from time to time.
Customer agrees to bear the expense of the delivery or
mailing of remittance material to Customer's specified
address.
8 . Processing Options: The Bank and Customer have mutually
agreed to the following processing options:
a. Lock box fee of .25/item (per remittance received) and
other processing fees will be charged through analysis
with one-half of the fee invoiced to Texas Lifeline
Corporation and the other half billed to the Fort Worth
Ambulance Authority via the City of Fort Worth's
consolidation account #1-21202.
b. All lock box receipts in the account will be auto-
matically transferred each Bank business day to Texas
Lifeline Coporation account #2-36729.
9. Fees and Expenses: Should the Bank and Customer agree to
processing arrangements not priced and reflected in the
Bank' s prevailing Schedule of Fees for Commercial Accounts,
then in the form of a simple Letter of Agreement attached to
Schedule B, the Bank and Customer may establish the agreed to
fee (s) as may be required from time to time. The Bank
reserves the right to increase or decrease any previously
agreed to fee upon thirty (30) days prior written notice to
Customer.
10. Termination: This Schedule A, Lock Box Processing
Supplement, may be terminated by either party at any time by
giving thirty (30) days prior written notice to the other
party.
i
i
11. Inquiries, Information, Instructions, and Notice:
Customer inquiries regarding lock box and Account Processing
should be directed as follows: j
Manager, Remittance Banking Department
Texas American Services Inc.
1900 L. Don Dodson Drive j
Bedford, Texas 76021
Written instructions and notice including changes to the
notification addresses, shall be delivered to each party at
their respective addresses shown below:
The Bank: Manager, Corporate Customer Services
Texas American Bank/Fort Worth, N.A.
P.O. Box 2050
Fort Worth, Texas 76113
Telephone Number: (817) 338-8656
The Customer: Fort Worth Ambulance Authority and
Texas Lifeline Corporation
TEXAS AMERICAN BANK/FORT WORTH, N.A. TEXAS LIFELINE CORPORATION
By: Carolyn M rton By: Tom Morgan
Y
Corporate Customer Services Officer President
3010 South Grove
Fort Worth, Texas 76104
Date: March-10,-1986
FOR H LA CE AUTf((ORITY
Willia . Garrison
Interib Chairman
P.O. Box 2050 1000 Throckmorton
Fort Worth, Texas 76113 Fort Worth, Texas 76102
Date: March 10,_1986 Date: March 10_,_1985
i,
CORPORATE CUSTOMER SERVICES AGREEMENT
SCHEDULE B
LOCK BOX FEES
Account Maintenance Fee $15 .00 per account
Debits Paid Fee .12 per item
Credits Posted Fee . .30 per item
Items Deposited Fee
Group I: TAB/FW, FWCHA
DCHA, U.S. Treasury Checks .03 per item
Group II: City Clearing House Items
El Paso, Houston, San
Antonio .045 per item
Group III: All 11th Federal District
Items .05 per item
Group IV: All Commercial Bank Sends
and all non-11th District
Items .07 per item
Lock Box Processing Fee* .25 per item
Encoding Fee .04 per item
Returned Items Fee 1.50 per item
*Fee associated with lock box processing, all other fees
are associated with check clearing and would be incurred
with or without lock box processing.
i
i
CORPORATE CUSTOMER SERVICES AGREEMENT
SCHEDULE C
Texas American Bank/Fort Worth, N.A. (Bank) and the Fort
Worth Ambulance Authority (Authority) and Texas Lifeline
Corporation (Lifeline) (previously jointly referred to as
Customer) agree to the following:
(1) That the Authority may, by written notice to the Bank,
terminate all rights of Lifeline as a customer under
the Corporate Customer Services Agreement, the Lock Box
Processing Supplement (Schedule A) , and all other
supplemental agreements related thereto. Notwith-
standing the provisions of paragraph VIII,A. of the
agreement, such termination shall be effective as of
midnight on the fifth (5th) business day after receipt
of such written notice of termination by Bank from
Authority.
(2) Upon such termination, all remaining portions of
of the Corporate Customer Services Agreement shall
remain intact and all receipts which may be directed
for deposit into the Lock Box Account shall thereafter
be deposited by the Bank into a demand deposit account
which shall be specified by the Authority and shall
thereafter be referred to as the Account. In addition,
all remittance information as defined in Section II of
the Lock Box Processing Supplement (Schedule A) which
prior to such termination was forwarded to Lifeline
shall thereafter be forwarded to Authority at the
address specified by the Authority.
TEXAS AMERICAN BANK/FORT WORTH, N.A. TEXAS LIFELINE CORPORATION
By: Carolyn Morton By: Tom Morgan
Corporate Customer Services Officer President
P. 0. Box 2050 3010 South Grove
Fort Worth, Texas 76102 F t Worth, Texas 76104
FORT 0 TH AMBULA AUTHORITY
C
y: William rhairman Garrison
Interim
1000 Throckmorton
Fort Worth, Texas 76102
ADDENDUM TO CIF SnouocoRz
—CONTRACT"mAGrnR mOUzemEmz AND vuuTcLa-LEASE uuuu mMm0T"
aGRDDMB0r n0zDBmo INTO tbio�5�� day of , 1986/
by and between Mercy, Inc. , a Nevada corporation wzcu
principal place of bua1ueoa at lIJO So. Highland, Las Vegas,
Nevada 89IO2 (hereinafter called "Lessor") , and the rnct Worth
Ambulance Authority, acting by and through its chairman, William
N. Garrison (hereinafter called "Lessee" ), as follows:
I. Gohject to the terms and conditions set forth
below, L=s""^ agrees to lease to Lessee and Lessee agrees to �
lease from --a- r, the equipment and other personal property of |
the Lessor (all of which, together with any replacement parts,
i z
replacements, additions, repairs and accessories incorporated
podividuaII�
therein and/or affixed thereto, hereafter referred to i
as "Item of Equipment" and collectively as the "Equipment")
described in any schedule or schedules attached hereto and made a
part hereof which may be executed from time to time by the
parties hereto (individually a "Schedule" and collectively the
"schedules") . All schedules shall be incorporated by reference
herein and this lease shall constitute a single lease of
equipment.
zz^ The terms and conditions of this Master
Lease Agreement reuponciuy any Item of Equipment commence on the
date such Item of Equipment is delivered to Lessee.
The term of this lease with reagent to any Item of Equipment
included in the initial Schedule attached to this lease upon
execution shall be four (4) years uoIeoa opecifically designated
otherwise with respect to any particular Item of Equipment on
such 8nbodole The term of this lease with respect to any Item
-
� of Equipment �unluded in any Schedule attached to and l000zgncated
into this lease after the initial Schedule shall end upon the
date designated in the applicable Schedule, which date shall be
d Lessee negotiated between Lessor an oee at the time each new
Schedule is added, but in no event shall tbe term for any Item
exceed the useful life of equipment of that type, as agreed
between Texas Lifeline Corporation and the Fort Worth Ambulance
Authority in that certain agreement between them for the
provision of ambulance services dated January %D, 1986 (the
"Contract") .
|
Provided, however, in the event that the term with respect to
�
any Item obaII extend or be construed to extend beyond the term
of the Contract, Leeonz agrees that such term for all Items of
i t shall end simultaneously with the term of the Contract
except for those Items which are specifically listed on the
Equipment Carryover Listing pursuant to the Cnutract,
After the expiration of the initial term as designated in the
applicable Schedule, should any Item not be surrendered to the
Leaonc in accordance with paragraph VI, this lease shall continue
from month-to-month at the same monthly rental as designated in
the applicable GobedoIe until terminated in writing by either
party and surrender of the Equipment by the Lessee in accordance
with paragraph VI.
Generally, the terms and opuditlooa of this Master Lease
Agreement shall remain in full force and effect nn long as the
term for any Item of Equipment shall remain unexpired according
to any Schedule attached hereto and incorporated herein.
zzz nmmr: Lessee shall pay Lessor rent for the Equipment
~
in the ^mnu-nts set forth in the Schedules at Texas American Bank,
Trnnkmnztnoeaaa, for deposit to collection
^^ , �nzt Worth, z
account zbe amount of rent for each Item
# ^
of Equipment individually specified on the Schedule
adjacent to the Item for which rent is obacged, The amount of
rent for each Item shall be fixed in equal monthly installments
calculated on the basis of the monthly payment obligation of
Lessor to its lender for the principal and interest allocable to
such Item which shall not exceed an amount equal to amortization
of the gozcbaoe price of such Item together with interest at the
prime rate being charged from time to time by Texas American Bank
plus one and one-half percent (I l/%%) fully amortized over 48
equal monthly installments or such shorter or longer monthly term
as shall equal the expected useful life for said Item as shown on
the applicable Schedules. The first period's rent set forth
on a Schedule are due when such Schedule is signed by Lessee.
Except as otherwise provided in the applicable Schedule, i
subsequent rental payments with respect to an Item of Equipment
shall be due in advance commencing on the first (lot) day of the
month following the month nbiob Lessee accepts said Equipment
(the "Commencement oate" > , Rent shall be doe nbotbmz or not
Lessee has received any notice that such payments are due, First |
period's rent specified in a Schedule is not refundable but shall
be applied to rentals as set forth above and if not nn applied
due to any ant of Lessee, shall be retained by Lessor in
consideration for its agreements hereunder.
IV. DISCLAIMER OF WARRANTIES: Lno8nE aonmoWsomoos THAT THE
EQUIPMENT ffOF A-SIZE, DESIGN, TYPE AND MANUFACTURE SELECTED BY
LESSEE, THAT LESSOR IS NOT A MANUFACTURER THEREOF OR A DEALER
THEREIN, NOR IS LESSOR AN AGENT OF A MANUFACTURER THEREOF OR A
DEALER THEREIN, THAT LESSEE LEASES THE EQUIPMENT AS-IS, AND LESSOR
HAS NOT MADE AND DOES NOT HEREBY MAKE ANY AGREEMENT, REPRESENTA-
TION OR WARRANTY WITH RESPECT TO THE MERCHANTABILITY, CONDITION,
QUALITY OR SUITABILITY OF THE EQUIPMENT IN ANY RESPECT OR IN
CONNECTION THEREWITH, OR FOR THE PURPOSES AND USES OF LESSEE OR
EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH IV, ANY OTHER
AGREEMENT, REPRESENTATION OR WARRANTY OF ANY KIND OR CHARACTER,
EXPRESS OR IMPLIED, WITH auuyE:z TO THE Ey"^P"E"^, IT ~~^~-
AGREED THAT ALL SUCH azSno ARE TO on BORNE BY caoGoE, co800n
enaTBBR ACKNOWLEDGES AND uGnoDG THAT noG8oR oouLo NOT a8SD8E ANY
LIABILITY FOR ANY noanoME0z, RneREaEmTArzom On earoRumzY OF ANY
ozmo OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT T0 THE
n0ozeMEmc manE AT ANY TIME or THE M4moruozoREo OR sonnuzmn
THEREOF.
EQUIPMENT, does warrant, however, that Lessor has whatever
quality of title to an Item of Equipment it obtains from the
manufacturer or supplier thereof, subject to this lease and any
liens or eooumhzauoeo created by Lessor pursuant to paragraph DvI
becent or which Lessee is obligated to discharge or satisfy.
Lessor agrees, so long as on event of default has occurred and is
continuing be'eunder, that Lessee obaII have the right to obtain
the benefit of and enforce in Lessee's own name and at Lessee's
�
sole expense any supplier's r a»ontorer'o warranty or
|
agreement in respect to an Item of Equipment to the extent oocb� c
|
warranty or agreement is assignable, and Lessor shall execute and
to enable
deliver such instruments as may be reasonably necessary
Lessee to obtain such benefits.
V. ACCEPTANCE: Upon the earlier of delivery and installation of tue Equipment ur any Item thereof, or receipt by
Lessee of written notice from the supplier thereof that the
Equipment or such Item is installed ready for use, Lessee shall
either: <a> execute and deliver a certificate of Acceptance
covering such Equipment or (b) give Lessor written notice
specifying any defect in or proper objection to such Equipment.
Lnoaae'o execution of a Certificate of Acceptance covering the
Equipment or any Items thereof shall conclusively establish as
between Lessor and Lessee that such Equipment is acceptable to
and has been accepted by Lessee for all purposes of this lease.
Notwithstanding Lessee's failure to execute a Certificate of
Acceptance for the Equipment or any Items thereof, it shall be
conclusively presumed as between Lessor and Lessee that Lessee
has folly inspected such Equipment and acknowledged that it is in
good condition and repair and is satisfactory in all respects for
the purposes of this fea-se, ooloom Lessee within ten (10) days of
such installation or supplier's notice, as appropriate, abolz
-2-
give Lessor such written notice specifying such defect in or
objection to such Equipment.
VI. At the expiration or earlier termination of
this lease with respect to an Item of Equipment or upon demand by
Lessor made pursuant to Paragraph XVzz hereof, Lessee at its
expense shall <uuIeou Lessee has paid the "Casualty Value" of
such Item pursuant to Paragraph zn below) return such Item to
,Lessor at such plane and by such reasonable means as may be
designated by Leoonz in the same repair, condition and working
order as at the commencement of the term hereof with respect
thereto, reasonable wear and tear resulting from the proper use
thereof alone excepted.
If requested by seoonz, Leaeeer prior to returning any Item
of Equipment to Lessor, shall provide suitable and adequate
storage space at the Equipment Location shown in the applicable
Schedule or such location to which such Item may have been moved |
with the written consent of Lessor for a period not to exceed
ninety (90) days, during which time Lessee shall insure that
Lessor will be allowed reasonable access thereto.
VII. - Lessee shall keep or pernaoeocly9*rnge, as appropriate, each Item of Equipment in
Lessee's possession and control at the Equipment Location
designated in the applicable Scheduler or at such other location
to which the Equipment may have been moved with the prior written
consent of Lessor. Whenever reasonably requested by Lessor,
Lessee shall advise Lessor as to the exact location of any Item
of Equipment. Further, whenever requested by Lessor, Lessee
shall make available for ivageotou and inventory by Lessor the
Equipment or any Items of Equipment, at its or their then
location during the normal business bnoco of Lessee or at such
other time as may reasonably be requested by Lessor upon
reasonable prior notice to Lessee.
VIII. REPAIRS; MAINTENANCE; USE; ALTERATIONS: LeSseer at
its sole expeose, o a eeg Equipment zu y""" °"r"^^^g ^.^^.^^^~^^,
repair and maintenance and shall furnish all labor, parts,
mechanisms and devices required therefor. Lessee agrees to
maintain accurate and complete records of all said repairs and
maintenance to the Equipment and aIInn Lessor to inspect said
records at any time during business booco of Lessee. The
Equipment shall at all times be used solely for commercial or
business purposes, and operated in a careful and proper manner
and in compliance with all applicable laws, ordinances, rules and
|
regulations, all conditions and requirements of the policy or
�|
policies of insurance required to be carried by Lessee under the
terms of this lease and all manufacturer's instructions and
�i�i
warranty requirements. Any modifications or additions to the
Equipment required by any such governmental edict or insurance
�
policy shall be promptly made by Lessee at its own expense.
|
Without prior written consent of zeoyoz, Lessee shall not
make any alterations, additions or improvements to the Equipment
wblob detract from its economic value or functional utility,
except as may be required pursuant to the preceding sentence of
this Paragraph vzzz. all additions and improvements of whatsoever
kind or nature made to the Equipment shall be deemed anc000i000
thereto, shall belong to and immediately become the property of
ueaooc and shall he returned to Lessor with the Equipment upon
the expiration or earlier termination of this leaae.
In the event any Item of Equipment is declared unfit for use
by the Emergency Physicians' Advisory Board of the City of Fort
Worth because it endangers public health and safety, Lessee shall
have the right to delete said Item from the provisions of this
lease and shall have no further obligations with respec t thereto
under this lease.
IX. oo
Lessee hereby assumes and shall bear the
entire risk of loss of, theft of, damage to, or destruction of
-3-
the Equipment from any cause whatsoever ("casualty Occurrence") .
No Casualty Occurrence to the Equipment or any Item thereof shall
relieve Lessee from its obligation to gay cent or to perform any
other of its obligations under this lease, except as specified in
the final sentence of this Paragraph Zr,
In the event of a Casualty occurrence to an Item of Equipment
Lessee shall give Lessor prompt notice thereof and thereafter
shall place such Item in good repair, condition and working order;
provided, however, that if such Item is determined by Laoonc to
be loot, etuleor destroyed or damaged beyond repair, Lessee at
Lnnooc'o option shall <a> replace such Item w ith like equipment
in good repair, condition and working order and transfer clear
title to such replacement Item to Laoonr or (b) pay no later than
the due date of the next following installment of rent with
respect to such Item the "Casualty Value" of such Item equal to
the total of (i) all cout and other amounts/ if any, due at the |
time of such payment, plus (ii) an amount calculated by Lessor �
which is the present value at six percent (6%) per annum simple
interest discount of all rent and other amounts payable by Lessee
hereunder with respect to said Item from date of such payment to
date of expiration of the term of this lease with respect thereto
plus (iii) the "reversionary value" of said Item mbiob, for
purposes of this Paragraph X,-shall be equal to the greater of
too percent (lU%) of the total rent due hereunder with respect to
said Item over the entire term of this lease with respect thereto,
or the estimated fair market value of said item as of the end of
the initial lease term/ as though such a casualty lnaa had not
occurred. Dgoo such replacement or payment, as appropriate, this
lease shall terminate with, and only with, respect to the Item so
replaced or paid for and Lessee shall become entitled to such
replaced or paid for item xS-zG-n000E-zS without any warranty
whatsoever, express or implied.
X. CE Lessee shall procure and continuously maintain
and pay for (a) all risk insurance against loss of or damage to
the Equipment from any cause whatsoever for not less than the
full replacement value thereof naming Lessor as Loss Payee and
(b) combined public liability and property damage insurance with
a single limit of not less than $15100
,OM naming Lessor as
Additionally Named Insured. All _9UCh insurance shall be in a
form and with companies acceptable to Lessor, shall provide at
least ten (10) days advance written notice to Lessor of
condition or
cancellation, change or modification in any term,
amount of protection provided therein, shall provide full breach
of warranty protection and shall provide that the coverage is
"primary coverage" for the protection of Lessee and Lessor
notwithstanding any other coverage carried by Lessee or Lessor
protecting against similar risks. Lessee shall provide Lessor
with an original policy or certificate evidencing such insurance.
In the event of an assignment of this lease by Lessor of which
Lessee has notice, Lessee shall cause such insurance to provide
the same protections to the assignee as its interests may
appear. Lessee shall promptly notify any appropriate insurerr
such assignee and Lessor of each and every occurrence which may
become the basis of a claim or cause of action against the
insureds and provide Lessor and such assignee with all data
e=^^^'^~^^^ to such occurrence. appropriate' shall
at the option of Lessor or such assignee, as
be applied toward (a) the repair or replacement of the appropriate
Item or Items of Equipment, (h) payment o f the Casualty Value
thereof or (o) the payment of, or as a provision for/ satisfaction
of any other accrued obligations of Lessee hereunder. Any excess
of such proceeds remaining shall belong to zaoaee. Lessee hereby
appoints Lessor as Lessee's attorney-in-fact with full power and
authority to do all things, including/ but not limited to, making
claims receiving payments and endorsing dooummoLo, checks or
drafts, necessary or advisable to secure payments doe under any
policy/contemplated hereby on account of a Casualty 000ucceooe to
the Equipment.
-&-
_
�e obalI pay as directed b Lessor or
XI. LIENS; TAXES:reimburse=essor upon demand for all taxes, including but not
limited to sales and use taxes (exclusive of Federal and State
taxes based on Lessor's net income, unless such net income taxes
are in substitution for or relieve Lessee from any taxes which
der the terms of
Lessee would otherwise be obligated to pay un
entsr whatsoever,
this Paragraph XI), fees, charges and assessm assessed
however designated, whether based on the rent or levied,
or imposed upon the Equipment or upon or in respect of the
manufacture, purchase, delivery, ownership, leasing, use, return
or other disposition of the Equipment, now or hereafter levied,
assessed or imposed under the authority of a federal, state or
local taxing jurisdiction, regardless of when and by """" payable.
Lessor may' in its discretion, prepare and file any and all
required in connection with the obligations which Lessee
returns
has assumed under this Paragraph uI. Lessor shall upon request
!
furnish Lessee a copy of any such filing or any governmental |
invoice issued covering such obligations.
xzz^ In the event Lessee fails to pay any
perform any of its other obligations
under this leaser Lessor, o
amounts due hereunder or cotits option, may gay such amounts or
perform such obligations, and Lessee shall reimburse Lessor on
together with
demand the amount of such payments or costs,udiog o� the rate of
interest on such amounts for the time outstanding
l%% per annum.
zIII^ INDEMNITY: Lessee does hereby assume liability for
emoify, protect, save and keep harmless
Lessor from and against any and l " "
and does agree �o �uo ' p� ll /liabilities, losses, damages,
penalties, claims actions, aoito/ costs, expenses o iobocoe-
uta including r- and court onoto and legal expenses, of whatever kind
disburse-
ments
n�'tuc imposed no/ incurred by or asserted against Lessor
and c='o����t on indemnified against by any other person) in
(mb�tbec »z u�og a�to or arising out of this lease or the
any way
manufacture, purchase, ownership, delivery' lease,
pne o
eaa
i«u
,
use, operation, couozc ivo, return oz other disposition of the
Equipment by Lessor ozLeooee, including without limitation, any
uy
claim alleging latent or other defector whether or not
discoverable by Lessor or Lessee; any claim for gaten�� trademar k
k
or copyright infringement; and any claim arising out of strict
liability in toct. Lessee agrees to give Lessor and aeoaoc
agrees to give Lessee notice of any claim or liability beceby�
indemnified against promptly following learning tueceo ,
XIV. INVESTMENT TAX CREDIT AND DEPRECIATION: Lessee and
Lessor here y agree t at Lessor s, a e entit d to the
zoveocmooc z*u C^="^` ~^^`^`~ -yf Section��r equipment covered b� the
Revenue Code of 1954 as amended nc the
Lease; and, o accelerated depceoiatlou with respect t o
ecobvae price paid b� Lessor for any item of equipment covered
�
purchase
� by the Lease in accordance with Section 168 of the Internal
Revenue Code of 1954 as amended (hereinafter collectively "Tax
Beuefits") ,
r neooeo shall have the right to
ov' Equipment to any party or parties
with which Lessee may co o
sublease a�� »c uoY �z�" "� t from time to time for the gc»viai«o
contract o� �n�t �ortb otherwise,
of amhulauce �ecvinea �u ��e � .
Lessee oball not, without the pr written consent of Lessor,
which shall not be unreasonably
withheld, assign,
itcana�e�,
pledge or b��otbenate �bio lease, any Item of oqu pmeoc or any any
its
interest in this lease or in and to the Equipment or pecmz
rights under this lease to be subject to any Iieor charge or
000mbcaooe of any nature. Lessee's interest herein is not
enoiguabIe and sbalI not he assigned or transferred by operation
~ shall not transfer or relinquish pnoaeaozon of
»� l�n^ �euo«eigmeut (except for the anIe purpose of repair or
any zrc m v� =y" i b t the prior service of the equipment) n � «o e written consent of� obihit d acts applies
Lessor. Consent to any of the foregoing pce� subsequent
�
only in the given i»etauce, iy not aconsent to any relieve
like act by Lessee of any other person, "^^. shall
Lessee of its liability under this Lease.
-5-
All rights of Lessor hereunder may be assigned, pledged,
mortgaged transferred or otherwise disposed of, either in whole
o--
or part,' without notice to Lessee but always, however, subject
e
`^^
�o rights of Lessee under this lease. If Lessee is given
notice of any such assignment, Lessee shall acknowledge receipt
thereof in writing. In the event Lessor assigns this lease or
the rent due or to become due hereunder or any other interest
becoiu whether as security for any of its indebtedness or
otbecn�ie o no breach or default by Lessor hereunder or pursuant
~'c agreement between Lessor and Lessee, should there be
t« any other agce pecfncmaune by Lessee of any provision hereof,
one, ~b~^� -u---- d that in the event n�
i� being uod�rotno such default or breach
a i
by Lessor that Lessee shall pursue any rights on account tbeceof i
solely against Lessor and not against any such the transferee, purchaser, or other successor to e z *u`s |
Leaonr. No such successor of the rights of La000c shall be |
obligated to perform any duty, covenant or condition required to be performed by Laoaoc under the terms of this Lease, unless the
same shall be specifically assumed in writing by such ou000aoor.
Subject always to the foregoing, this lease inures to the
benefit of, and is binding upon, the heirs, legatees, personal
representatives, nooneaooca and assigns of the parties hereto.
XVI. DELINQUENCY CHARGE: If Lessee fails to pay any rent or
any other sum to be-—p—al—FF-y—Lessee to Lessor hereunder within ten
(10) days after the due date thereof, Lessee shall pay Lessor an
amount equal to five percent (5%) of the unpaid installment as a
~`^`^-- charge and interest on such unpaid ob higher nc lesser
rate of twelve percent (I2#) per annum or at
contract rate as may be fixed by law, computed s u from the date doe
to the date paid but in no event shall the service charge and
interest for such' delinquency be Ieoo than five dollars ($5.00) .
XVzI^ DEFAULT: Any of the following events or nnoditinoa shall event of default hereunder: (a) Lessee's
000a���u�e an
| failoce to gay when due any rent or other amount doe hereunder,
� nbiob failure shall continue for seven (7) or more days after the
due date thereof; (b) Lessee's default in performing any other
condition o� this obligation, term or o«o lease or any other
undec any
agreement between Lessor and Lessee or default b � e* o� its
agreement providing security for the performance � Lessee
obligations bereunder, provided such default shall have continued
"20} d except as provided in (n) and (e)
for more than twenty ( a�o^order of attachment or execution or other
beIua« (n) any writ »zd u or charged against any Item of
legal process ezo9 levied u or satisfied within ten (IO)
Equipment and not being released I
days; (d) Lessee's failure too»mp ye with its obligations under
� for the payment of money
eecagcagb X above/ (e) a final ]uogm u � record against
in excess of -�IOUv0O0 being rendered by a court o
|
Lessee which Lessee does not discharge or make provision for
-
|
discharge in noocdaona with the terms thereof within ninety (90)
days from the date of entry thereof; (f) death or judicial
declaration of incompetency of Lessee, if an individual; (g) the
concealment or removal of any material portion of Lessee's
property with the intent to hinder, delay or defraud any one or
more creditors, or the making of any other tzauotec nuzo is
fraudulent under the bankruptcy code or applicable state law; (b)
`
the voluntary r involuntary making by Lessee of an assignment of
~
a substantial octino of its assets for the benefit of nceditnco'
appointment of
a reneivec, trustee, or custodian for Lessee or
for any of Lessee's assets, institution by or against Lessee of
any other type of insolvency proceeding (under the Bankruptcy
Code or otherwise) , Lessee's insolvency or failure to generally
pay its debts as such debts become doe, or any formal or informal
proceeding for dissolution, liquidation, settlement of claims
against or winding up of the affairs of Lessee, or the making by
Lessee of a transfer of all or a material portion of Lessee's
assets or inventory not in the ordinary course of business; (i)
the occurrence of any event described in parts (e), (f) , (g) or
(b) beceioabove with respect to any guarantor or other party
-0-
liable for payment or performance of this lease; or <j> any
certificate, otat6ment, representation, warranty or audit
heretofore or hereafter furnished with respect hereto by or no
behalf of Lessee or any guarantor or other party liable for
payment or performance of this lease proving to have been false
in any material zoogeot at the time as of which the facts therein
set forth were stated or certified or having omitted any
substantial contingent or uuIiguidated liability or claim against
Lessee or any guarantor or other party.
ovzzz. Upon the occurrence of any event of
i
default, Les at anle n�tiou/ ma� eoeco ae any one or moce
of the following remedies: (a) declare all unpaid rent
immediately due and payable with respect to any or all Items of
Equipment, without notice or demand to Lessee; (b) sue for and
recover all rent and payments then accrued or thereafter accruing,
whether under this lease or under any addendum or other agreement !
between the parties executed in conjunction with this lease or �
any schedule thereto, with respect to any or all Items of
Equipment and/or without notice or demand, repossess any or all
Items of Equipment, wherever same may be located, without any
court order or other process of law and without liability for any
damages occasioned by such taking of possession (any such taking
of pneneoaiou not constituting a termination of this lease as to
any or all Items of Equipment unless oeoonc expressly so notifies
Lessee in writing); (c) require Lessee to assemble any or all
Items of Equipment at the plane of original installation thereof,
or such location to which such Equipment may have been moved with
the prior written consent of Lessor, or such other location in
reasonable proximity to either of the foregoing as Lessor shall
designate; (d) sell or otherwise dispose of any or all Items of
Equipment, whether or not in Lessor's pna0000ioo, in a
commercially reasonable manner at public or private sale and with
or without notice to Lessee and apply the net proceeds of such
�
disposition after deducting the estimated fair market value of
the Equipment as of the end of the initial lease term, plus all
costs of such disposition, including, but not limited to coats of
|
transportation, zepoaa000zoo, storage, refurbishing, advertising
| and broker's fees, to the obligations of Lessee hereunder with
Lessee remaining liable for any deficiency and except as ntbecnino
provided by law with any euoeuo being retained by Lessor; (a)
retain any repossessed Items of Equipment and credit the
reasonable value thereof first, to the estimated fair market
value of any Item of Equipment as of the end of the initial lease
term, plus all costs incurred in cepoaaeoainu�, including, but not
limited to costs of transportation, refurbishing, reasonable
attorney's feo, etc., and then to the obligations of Lessee
hereunder with Lessee remaining liable for any deficiency and
except as otherwise provided by law, with Lessor having no
|
obligation to reimburse Lessee on account of any excess of such
/
reasonable value over such obligations; (f) terminate this lease
as to any or all Items of Equipment; or (g) utilize any other
remedy available to Lessor at law or in equity.
No right or remedy conferred herein is exclusive of any other
right or remedy conferred herein or by law; but all such remedies
are cumulative of every other right or remedy conferred hereunder
|
or at law or in equity, by statute or otherwise, and may be
!
exercised concurrently or separately from time to time.
A termination hereunder shall 0000c only upon written notice
by Lessor to Lessee and only with respect to such Items of
Equipment as aoaaoz specifically elects to terminate in such
notice. Except as to such Items with respect to which there is a
termination, this lease shall remain in full force and effect and
Lessee shall be and remain liable for the full performance of all
its obligations hereunder.
XIx. nacuvERx OF SUMS O Lessee shall
ocue�o' �eoa and
gay Leoonz all ovucs and =xe="s"s^ including --_
court costs, ionocced by Lessor in exercising any of its rights
or remedies bmceuodmc or enforcing any of the terms, conditions
or provisions hereof.
| -7-
XX. END OF LEASE OPTION: upon termination of the term for
each Item of'EqupTnent as set forth on the Schedule(s) , provided
no event of default shall have occurred and be continuing under
this lease, Lessor hereby grants to Lessee a non-assignable
option to purchase AS-IS-WHERE-IS, each such Item covered by this
lease for a price equal to the then fair market value thereof (as
hereinafter determined) plus any applicable taxes imposed on such
purchase and such purchase price. Such option to purchase is
contingent upon (a) Lessee having performed all terms and
conditions of the lease and all Schedules thereto, (b) Lessor
xercise
having received written notice of Lessee's election to e
Lessor's home office
said option with respect to any such Item at
not more than one hundred twenty (120) days nor less than sixty
(60) days prior to the expiration date of the term for each Item
which Lessee elects to purchase from time to time; and (c) Lessor
having received in a timely fashion Lessee's payment of the
purchase price as herein determined.
The "fair market value" obuII be an omnout mutually agreed
upon by Lessee and Lessor; provided that if Lessee and zeoopr are
unable to agree upon the fair market value of any Item within ]O
days after receipt by Lessor of Lessee's notice of election to
pucobaao such item, the fair market value shall be determined by
an appraiser selected by mutual agreement. If Lessee and Leoanz
are ooabIo to agree upon an appraiser, or if the appraiser
selected by Lessee and Lmosnc does not complete the appraisal
within a reasonable time/ the fair market value shall be
determined by the American Appraisal Cnmgaoy, All costs of the
appraisal(s) shall be paid by Leooee,
This option shall represent the only such option between
Lessee and Lessor, and any other purchase agreement, whether
verbal or written, are hereby declared null and void, except for
those options specifically set forth on individual schedules
hereto.
� NOTICES: Service of all notices under this agreement
| �8I^
shall be ou�����eu t i� mailed to the party involved at its
�
� forth above
respective address on o� or at such address as ouob t
party may provide in writing from time
mailed to such address shall be effective time^ Any ouob notice
o wbeu deposited in the
United States mail, duly addressed, with postage gzepaid. Lessee
shall promptly notify Lessor of any change in Lessee's address.
xxiI. OWNERSHIP; MARKINGS; PERSONAL PROPERTY: The Equipment
is and shall at ali t! e and remaii
property of Lessorr and Lessee shall have no rightr title or
as to the quiet enjoyment and
interest therein or thereto except
use thereof subject to the terms and conditions of this lease,
provided no event of default has occurred and is continuing
hereunder. Lessee shall keep the Equipment free and clear of all
liens, encumbrances and charges of any nature imposed I or asserted
by persons claiming by, through or under Lessee or arising out of
the failure of Lessee to perform its obligations hereunder or
otherwise. If at any time during the term hereof Lessor supplies
Lessee with labelsf platesf decals, or other markings stating
that the Equipment is owned by Lessor, Lessee shall affix and
keep the same prominently displayed on the Equipment or shall
otherwise mark the Equipment at Lessor's request to indicate
Lessor's ownership thereof. The Equipment is, and at all times
shall remain, personal property notwithstanding that the Equipment
or any item thereof may now be, or hereafter become, in any
manner affixed or atta-ched tOr or embedded int or permanently
resting upon real property or any improvement thereon or attached
o .^
in any manner
t nba� is permanent as o� mcuoa vz "=`� `, e^a~^^^,
nails, bolts, screws, or otherwise.
oozzI. No covenant or condition of this lease
can be waived --�-� ^ the written consent of Lessor.
rocebeazaon` or -' --lgooe by Leoonc in regard to any
breach
i
hereunder shall not constitute a waiver o f the related covenant
or condition to be pecfnzmeod by Lessee.
-8-
This lease is m net
XXIV. NET LEASE; OFFSET; SURVIVAL:lease and Lessee shall not be entitled to any abatement of rent
or other payments due hereunder or any reduction thereof under
any circumstances or for any reason whatsoever. Lessee hereby
waives any and all existing and future claims, as offsets,
against any rent or other payments due hereunder and agrees to
pay the rent and other amounts due hereunder as and when due
regardless of any offset or claim which may be asserted by Lessee
or on its behalf. This lease shall not terminate, or the
respective obligations of Lessor or Lessee be otherwise affected
or Lessor have any liability whatsoever to Lessee by reason of
auipment
any failure or delay in delivery of any or all Items of E
any defect in or damage to or loss or destruction of any or all
items of Equipment from whatever cause, the prohibition of
Lessee's use of the Equipment or any Item thereof, the
interference with such use by any government, person or
corporation, the invalidity or unenforceability or lack of due
authorization or other infirmity of this lease, any lack of
right, power or authority of Lessor or Lessee to enter into this
other cause whether similar or dissimilar to the
�eaae �zau�
Tbe obli9atioua aud liabiIitiea of Leaaee beceuodec
shall foregoing.zive the expiration or earlier termination of this lease.
XXV. ADDITIONAL DOCUMENTS: If requested by Lessor, Lessee
shall execiF.1'.7, a C 11)owl edge, deliver to Lessor, record and file
such documents as Lessor shall deem necessary or desirable to
protect its interest in this lease and the Equipment. Although
this lease is intended to be a true lease, Lessee, without
limiting the generality of the first scoreuue of this y.^.g^ap~/
given ce000c the right to file financing statements with respect
to the Equipment under the uniform Commercial Coder as amended,
or other similar provisions of lap, and authorizes Lessor where
permitted by Ian to make such filings without Lessee's signature.
� rXVI^ - - rbio instrument constitutes the
be
entire agc``~----between - aoc and Lessee and shall not be�
amended, altered or changed except by a written agreement signed
by the parties hereto.
XXVII. GENDER; NUMBER; JOINT AND SEVERAL LIABILITY:
Whenever the—c—o—n-Te—R—ot this lease reqU1Lt:!br the mascuiine gender
includes the feminine or neuter and the singular number includes
the plural; and, whenever the word "Lessor" is used hereinr it
shall include all assignees of Lessorr it being understood that
specific reference to "assignees" in Paragraph XV above is for
further emphasis. if there is more than one Lessee named in this
leaser the liability of each shall be joint and several.
oXVIzz: cES The titles to the paragraphs of this lease
^
are solely fof—the convenience of the parties and are not an aid
|
in the interpretation of the instrument.
�
3uIX. This lease shall be governed by and
|
construed itb the law of the State of Texas.|
Xor^ ~ Le ooeoto to the
exclusive jurisdiction of the ovur`" of the State of Texas in any
and all actions and proceedings between the parties hereto
arising under or gcnning'not of this lease and irrevocably agrees
to service of pznneao by any m0000 authorized under Texas law.
XouI^ � zu the event any provision hereof a
ball
be declare~ ^ ^`~1^~' -- b provision shall be deemed severable
from the remaining provisions of this lease which shall remain in
full force and effect.
|� xXoZz. TIME: Time is of the essence of this lease and each
and all of its provisions.
XuXzIz^ Om Lessor and naanee
acknowledge �ua� �uzo �e��e ouo */ y sublease of this lea
ae have
-9_
/
been entered into pursuant to that certain nnutcaot for the
provision of ambulance services between the City of Fort Worth
and the Fort Worth Ambulance Authority (Buyer therein) and Texas
Lifeline Corporation (Contractor therein) dated January 28, 1986
mbicb, among other things, makes certain cegoicnmeota which
Lessor and Lessee hereby agree to oomgI7 with, as follows:
30, End Term Provisions. In the event
Contractor is not the winner of Authority's
next bid competition, Contractor shall continue
to provide oocvioea during the lame duck
period, and shall assist both Authority and its
new contractor in effecting a safe and orderly
tcaooitioo. The following provisions are
designed to protect the interests of both
Contractor and Authority during the period of
transition from one contractor to another.
A. End Term Equipment Replacement. Buyer �
recognizes that Contractor's equipment
replacement schedules cannot be made to
coincide with Buyer's procurement cycles, and
that Contractor may find it difficult to
arrange financing of replacement eauipment
toward the end of the Contract term, unless
special
erarrangements
:acryov financing of certain equipment beyond
the term of this Agreement. The purpose of
this provision is to neutralize financial
buccieca and incentives which may otherwise
inhibit the proper and routine replacement of
equipment during the later months of this
Contract.
Contractor's 1. equipment replacement
program. Bidder shall submit a proposed
�jq-uipment replacement Program which shall
include, in part, the equipment replacement
policy and financial plan' (i.e., funded or
financed equipment replacement plan) . This
policy and financial plan shall state
Contractor's operational and f^""^^c^"^
assumptions regarding the anticipated safe
useful life of equipment items, by category or
type, and Contractor's general plan for
financing equipment replacement in accordance
|
with that plan. This equipment replacement
!
program shall be reviewed by Buyer as one
measure of the quality of service offered by
competing Bidders.
2. Right to,,.require replacement.
Throughout the term or this Contract and any
extension period, Buyer may, at Buyer's option
after an inspection and for cause, require
Contractor to replace with new equipment any
equipment item at any time after that item's
scheduled replacement dater as defined by the
terms of Contractor's submitted and accepted
equipment replacement program. However, if
through superior maintenance or by "^^^=^ ...~.^^.,
contractor is able to extend the safe useful
life of an equipment item beyond its time of
scheduled replacement, Boyer shall not, except
for causer require replacement of that item.
(These controls relate only to equipment kept
in service beyond scheduled replacement date,
and are in addition to regulatory requirements
affecting equipment standards and inspections
imposed by local ambulance ordinance. )
-I0-
3. Equipment carryover listing.
Contractor may, at Con ractor s option, include
any new replacement equipment item on Buyer's
"Equipment Carryover Listing," provided the
request for inclusion of said item is made
prior to acquisition of that item, and provided
the item,s purchase price and amortization
schedule are approved in writing by the
Contract officer. The Contract officer shall
not unreasonably withhold approval of any such
request by the Contractor made pursuant to this
provision, and approval shall be granted when
the Contract officer finds that the following
conditions are met:
' the ��
a> That e �oc aae ztoe of said
p
equipment item is fair and reasonable, and both
Contractor and the supplier of the item certify
in writing that no other inducements have been �
made (e.g, , discounts on other purchases,
rebates, favors, or other consideration) to
influence Contractor's selection or the sale
price; and,
b) That the equipment item shall
be used exclusively in performance of the work
which is the subject of this Contract and will
in fact replace an equipment item previously
used in the performance of this Contract, or to
expand Contractor's equipment inventory as
necessary to handle additional work required by
Buyer under the terms of Subsection o,23 of
Section I, hereof; and,
o) That the scheduled safe useful
life of said item is consistent with the terms
of Contractor's submitted equipment replacement
program; and,
� d) That the terms of the leasing/
subleasing schedule relative to that equipment
item are approved by the Contract officer.
Contractor's 4. carryover option. Not normal
later than 16o-days prior to the last day of
this Contract, or any extension thereofr
Contractor may, at Contractor's optionr require
Buyer to continue primary lease payments beyond
the last day of the Contractr relative to
equipment items included on the Equipment
Carryover Listingr provided that as of that
termination date not more than fifty percent
(50%) of an item's scheduled safe useful life
expectancy (as shown on the Equipment Carryover
Listing) will have passed, and provided further
that said equipment item is clean, well-
muiu`"i"=" and in g`~~ '--'--~ ��
wear and tear time/ uc ro� � m=
inspection by Buyer's representatives on the
final day of this onutcaot or its extension.
(Equipment purchased later than 180 days ycinc
to the last day of this Contract or its
extension may also be subject to these
provisions, provided the inclusion of the item
on the Equipment Carryover Listing is approved
by the Contract officer, including estimated
purchase price, prior to the lgO day advance
|
notice deadline. )
|
5. Buyer's option to lease or
ucohase In the event uzucrac`"^ exercises
3.Fsop Ton under Paragraph 4, immediately
-11-
above, Buyer may choose any one of the
following methods to satisfy its obligation to
Contractor:
a> Buyer may release Contractor
from its subleasing obligations relative to
nacyover equipment items, including primary
lease payment guarantee provisions, and may
continue making lease payments under the terms
of the primary equipment lease. In such case,
Buyer shall retain any end-term rights to said
equipment *biob would otherwise have accrued to
the benefit of Contractor.
b) Buyer may cause a new
nnotcaotoc to assume Contractor's sublease and �
guarantee obligations, including end-term |
rights to the equipment, subject to le000c`o
approval of the new contractor's credit and
assumption of obligations. Provisions of the
primary lease shall require that Lessor may not
unreasonably withhold its approval of a request
by Buyer to assign sublease rights and
obligations to a new contractor.
n> Buyer may purchase said
equipment from Lessor in accordance with
gocobaoe option provisions set forth in the
primacy lease agreement.
6. All or nothing. If Contractor
elects to exercise its option as set forth in
Paragraph 4, hereof, but desires such election
to apply only to a portion of the equipment
items included on the Equipment Carryover
scheduler Buyer may, at its option, either
accept the request for partial equipment
carryover or require that the carryover option
be exercised for all listed equipment. The
purpose of this provision is to prevent
Contractor from retaining only the most
desirable listed equipment while forcing Buyer
to accept the least desirable of the listed
eguigmeut.
7. Automatic rc vec In the event
|
contractor �be next
\ competitively awarded service contract,
contractor's sublease obligations relative to
carryover equipment shall automatically carry
over into the next contract period, as though
Contractor were a new winning bidder accepting
assignment of sublease rights and obligations
as provided for in Paragraph 5, Subparagraph b,
| above.
IN WITNESS WHEREOF, — tie have ronuted these
presents dated as of the of rawaq 19__
MERCY, INC. , a Nevada FORT ROoro uoULA0Cn aOTaOazrz
corporation
"Lessor" "Lessee"
Thomas G.' Bell, President W1 liam N L.,V n
Interim &T r an
zVlu/I8o
-12-
Amendment To That Certain
ADDENDUM TO CITY SECRETARY
CONTRACT #
MASTER EQUIPMENT AND VEHI(LE�IEASE AGREEMENT
Dated February 25, 1980, as follows:
The Lessor and Lessee agree to the addition of the following paragraph under
heading.
II It is the mutual intent of Lessor and Lessee that, upon
the ter'i Secretary Contract #14885, or upon termination of any rents
~ ''~^'`'' -� '�� f Lessee's continuing obligation for payment of re
extontion or renewal thereof, h l{ b imjted only to listed carryover equipment
pursuant to the Master Lease s e l a life, is equal or greater than fifty percent
whose then remaining safe useful e, life of said equipment item or items'
(60%) of the originally projected safe useful �
�
City Secretary Contract #14885 shall otherwise remain in full force and effect
except as modified by this amendment.
IN KI — OF, the parties hereto have executed these presents dated
�-�
as of the of l9 ��
���� , .
MERCY, INC., a Nevada FORT WORTH AMBULANCE AUTHORITY
corporation,
"Lessor"
^^~'`
Thomas G. Bell, President William N. Ga rison
Interim Chai an
ASSIGNMENT OF LEASE
This Assignment of Lease (this "Assignment") is made to be effec-
tive for all purposes as of February 28, r 1986, by Mercy,
Inc., a Nevada corporation C' signor,-), to and for the benefit of Texas
American Bank/Fort Worth, N.A., a national banking association ("Bank").
1. For a valuable consideration to Assignor in hand paid by
Bank, the receipt and sufficiency of which are hereby acknowledged, and as
partial security for the payment of any and all indebte6ness and liabili-
ties of all kinds of Assignor to Bank (whether created directly or acquired
by Bank indirectly by assignment or otherwise, and whether now existing or
hereafter arising, absolute or contingent, joint and/or several, due or to
became due, primary or secondary, and all renewals and extensions thereof)
(hereafter referred to as the "Obligations"), Assignor does hereby assign,
transfer and set over to Bank that certain Master Equipment and Vehicle
Lease Agreement dated February 25, 1986 (the "Lease"), between Assignorr, as
lessor, and Fort Worth Ambulance Authority, as lessee, a true and correct
copy of which is attached hereto as Exhibit A and made a part hereof by
reference, and all.renewals and extensions thereof, and all supplements,
addendumsr and additions thereto, together with the property therein
described, any and all guaranties, endorsements, warranties, indemnity
agreements, maintenance agreements, insurance policies, or other agreements
pertaining to the Lease or the property described therein, any and all .
moneys due or to become due and payable under the Lease, any property which
subsequently becomes subject to the Lease in addition to, or in substitu-
tion for, the property now described in the Lease, all moneys which may
become due Assignor pursuant to a purchase option, if any, contained in the
Lease, and all moneys which may become due Assignor under policies of
insurance insuring the property subject to the Lease.
2. Assignor agrees as follows: (a) that Assignor will not,
without the prior written consent of Bank, agree to or consent to or permit
any amendment, modification, termination, or assignment of or any
subletting under, the Lease; (b) that all control and dominion over the
rigbt!3 and remedies of Assignor, as lessorr, are hereby transferred to Bank,
except as Bank may in writing specifically authorize Assignor to act with
respect thereto; (c) that Assignor will keep and perform all the obliga-
tions to be performed on the part of lessor under the Lease and will save
Bank harmless from any failure so to do;, and (d) that if Bank shall at any
time notify the lessee of this Assignment, the lessee thereafter shall be,
and hereby i*s required to hold the Lease subject to Bank's exclusive
control over the Lease, the leased property, and all rights'and'and remedies
pertaining thereto, and to surrender or redeliver the leased property only
to Bank as it directs in writing upon any termination of the Lease.
3. Assignor does hereby irrevocably constitute and appoint B&nk
its true and lawful attorney with full power of.,substitution for it and in
its name, place and stead to ask, demand, collect, receive, receipt for,
sue for, compound and give acquittance for any and all moneys herein trans-
ferred and assigned, with full power to settler adjust or compromise any
claim as fully as Assignor could itself do, and to endorse the name of
Assignor on all commercial paper given in payment, or in part payment
thereof, and in its discretion, to file any claim or take any other action
or proceeding, either in its own name or in the name of Assignor, or other-
wise, which Bank may deem necessary pr appropriate to collect any such
moneys, or which may be necessary or appropriate to protect and preserve
the right, title and interests of Bank in and to such moneys and the
security intended to be afforded hereby. It is, howeverr, expressly
understood and agreed that Bank shall not be required to exercise dili-
gence in the collection of any moneys so transferred and assigned and that
Bank shall not be liable for any loss occasioned by its failure to sue or
take other action to effect collection of such moneys or to enforce rights
or remedies created under the Lease to secure the payment thereof.
4. Assignor covenants that it will, upon request of Bank, exe-
cute and deliver to Bank such other and further instruments and do and per-
form such other acts and things as Bank may deem necessary or appropriate
to more effectively vest in and secure to Bank the moneys herein trans-
ferred and assigned. Assignor agrees to promptly notify Bank of any act,
event or condition which constitutes a breach of the Lease or which gives
rise to an option in favor of Assignor or which requires its consent or
approval, and Assignor further agrees that it will not, without the prior
written consent of Bank, accept collections of the moneys herein assigned,
repossess or consent to the return of the property subject to the Lease,
modify or in any manner change the terms of the Lease, or authorize the
lessee to assign the Lease or any rights thereunder.
5. Assignor further agrees that if any payment should be made to
it under or pursuant to the Lease, Assignor will hold the same in trust for
Bank without commingling same with other property and will forthwith
endorse, transfer and deliver to Bank any and all commercial paper so
received, and will forthwith deliver to Bank any cash so received.
6. All money received by Bank under this-Assignment may be
applied by it immediately upon the obligations secured hereby, whether the
Obligations be then (he or not, or such money or any part thereof may be
placed by Bank in a special account not subject to check or withdrawal by
Assignor tut rather to be held in such account and applied by Bank to the
Obligations at such time or times as Bank may determine.
7. Assignor represents and warrants to Bank that the Lease is
genuine, valid and subsisting and in all respects what it purports to be;
that the Lease is in full force and effect and is enforceable against the
lessee named therein and shall at all times be free from setoff, counter-
claim or defense of any nature; that Assignor is the lawful owner of the
property described in and subject to the Lease and that such property is
free and clear of all liens, claims and encumbrances, excepting only the
rights of the lessee under the Lease; that Assignor has good right to make
this Assignment and has not heretofore alienated, assigned or otherwise
disposed of the Lease, or any part thereof, or of the property covered
thereby, or of any of the moneys due or to become die thereunder; that
neither Assignor nor the lessee is in default under the terns of the Lease;
and that the property covered by the Lease is now in the possession of the
lessee and has been duly accepted by the lessee as being satisfactory.
B. Should Assignor violate any of the provisions of this
Assignment or should any of the statements, representations, or warranties
herein made be untrue or should Assignor become insolvent or be adjudicated
a bankrupt or file, by way of petition or answer, a plea for relief under
any bankruptcy or debtor's relief law now or hereafter prevailing or should
such petition be filed against Assignor or should a receiver be appointed
for Assignor or its property, or any substantial part thereof, or should
n
Assignor make a general assignment for the benefit of creditors or should
an attachment be levied or a tax lien filed against any of Assignor's prop-
erty, then in any such event Bank may at its option and without notice or
demand (Assignor hereby expressly waiving all notices, demands for payment,
presentations for payment, notices of intention to accelerate the maturity
and actual acceleration of maturity, protest, and notice of protest as to
the Obligations) immediately declare all of the obligations to be imme-
diately die and payable.
9. It is expressly understood and agreed that Bank does not by
this Assignment assume any of the duties or obligations imposed upon
Assignor by the Lease and that Bank shall never be obligated to perform any
of such duties or obligations and shall never be liable to the lessee named
therein or anyone else for Assignor's performance or failure to perform any
of such duties or obligations or for any other breach of the Lease by
Assignor.
10. This Assignment is irrevocable and shall remain in full force
and effect until its release in writing by Bank.
EXBCUIED to be effective for all purposes as of the date first
above written.
-2-
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ASSIGNOR:
MERCY, INC.
II
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Name:
Title:
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EXHIBIT A
PAGE 1 of 21
I
II
I
I
INVOICE
IfOR AK THE HORTON COMPANY NUMBER -„ DATE.. PG
500 INDUSTRIAL MILE ROAD 40893 2/14/86
COLUMBUS,OHIO 43228
PHONE(614)272.8181
BILLTO: Mercy Ambulance Services, Inc. SHIPTO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.N0. ARD.DATE. CUS NO' :SM Pp`'-P::O:NO.;:;. { t•; SHIP VIA =T �t� , :CL.:PPD TERMS ;=.
��a Et a r4 EiE a --,DS
C.SHIP B(O STOCK NO Ertewr�Att,.:DESCRIPTION r it tx ty� PRICE n C ,4MOUNT'
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
Lettering 110.00
Delivery 800.00
Lighting System Change NC
Additional Coax 47.00
$51,141.00
Vehicle Serial 41FDKE301XGHB19816
Horton Identification 402-14864324
Accepted & Received By:
' P
Date:
I
I
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
REMARKS: TOTAL $51,141.00
OrOGINAL
• i
ESRIBIT A
• I
PAGE 2 of 21
I
it
INVOICE
NUMBER •:;:':.:.DATE,;:.-;?.�•.`.:.PG
11ORrOW THE HORTON COMPANY 40894 2/14/86
500 INDUSTRIAL MILE ROAD
- — COLUMBUS,OHIO 43228
PHONE(614)272.8181
BILLTO: Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
�s. .� ;,i:r?^SHIP VIA :.• ;=r- .rs�`r. r ""Sa.a,CLPPDTERMS
ORD.NO. ORD:DATE;::CUS NO :.SM �y�P 0 NO r,. ��
ORD. SHIP B/O STOCK N0
A 0 '• jk DESCRIPTION ,.PRICE DSC AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
110.00
Lettering 800.00
Delivery NC
Lighting System Change 47.00
Additional Coax
$51,141.00
Vehicle Serial #lFDKE3019GHB22352•-
Horton Identification #02-14864325
Accepted & Received By:
Date:
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
REMARKS: TOTAL $51,141.0(
ORIGINAL
' I
EXHIBIT A
PAGE 3 of 21
INVOICE
THE HORTON COMPANY NUMBER:•',;rrDATE, Y; .PG
500 INDUSTRIAL MILE ROAD 1.40895 2/14/86
COLUMBUS,OHIO 43228
PHONE(614)272.8181
BILL TO: Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.NO. ORD.DATE CUS.NO:, SM `sF;,aP:0..N0 -'d t ' ±..','4SHIPVIA a,1.CLPPDTERMS....•'...
ORD. SHIP B!O STOCK NO '' `r� � 'DE9CRIPTION Yr M` « }? ' PRICE
,PP "':,: DSC. :AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
Lettering 110.00
Delivery 800.00
Lighting System Change NC
Additional Coax 47.00
$51,141.00
Vehicle Serial #1FDKE3015GHB19819-
Horton Identification #02-14864326
Accepted & Received By:
r
Date:
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
REMARKS: TOTAL
$51,141.00
I
i
i
EXHIBIT A
PAGE 4 of 21
INVOICE
IfOR70W THE HORTON COMPANY NUMBER : ;::DATE;;? ;<.:Pc
500 INDUSTRIAL MILE ROAD 40896 2/14/86
COLUMBUS,OHIO 43228
PHONE(614)272.8181
BILLTO: Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.N0. 'ORD:DATE.. CUS.N0. $1 P.O NO G,F?;., :SHIP VIA �u .,a �r,.`•CL'.P.PD.TERMS
w� � ..
ORD. SHIP •BIOSTOCKNO : °' �'. ,k DESCRIPTION •„ :r PRICE `:•DSC AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.0
Addition of AM-FM Stereo Radio 197.0
Lettering 110.0
Delivery 800.0
Lighting System Change NC
Additional Coax 47.0
$51,141.0
Vehicle Serial #1FDKE3010GHB22353
Horton Identification #02-14864327
Accepted & Received By:
P
Date:
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
REMARKS: TOTAL $51,141.0
I,
rf^(=I,J OI
• I
i
EXHIBIT A
I
PAGE 5 of 21
I
I
li
INVOICE
NUMBER
IfORr®N THE HORTON COMPANY
5001NDUSTRIAL MILE ROAD
— COLUMBUS,OHIO 43228
PHONE(614)272-8181
BILLTU: SHIPTO:
Mercy Ambulance Services, Inc.
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.NO.. `:pRD:DATE`. GUS:NQ .',.§m SHIP VIA GL•.PPD TERMS '=J'
RR :.:.:...,.....: �q • , Via` PRICE `tj 'DSC M',AMOUNT.
ORD. SHIP BIO STOCK NO 1" ^: :.DESCRIPTION
,.
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
110.00
Lettering 800.00
Delivery NC
Lighting System Change 47.00
Additional Coax
$51,141.00
Vehicle Serial #1FDKE3017GHB22351 _..
Horton Identification #02-14864328
Accepted & Received By:
Date:
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
REMARKS: TOTAL $51,141.00
I
3R!GMAL
EXHIBIT A
PAGE 6 of 21
�I
it
I
II
I
INVOICE
THE HORTON COMPANY NUMBER. DATE..- sPG
500 INDUSTRIAL MILE ROAD 40898 2/14/86
COLUMBUS,OHIO 43228
PHONE(614)272-8181
BILLTO: Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street,
Fort Worth, Texas 76102
ORD.N0. ORD.DATE CUS.NO.. SM = .P.O.NO. -SHIP VIA ur yGL PPD TERMS
ORD. SHIP B/OSTOCKNO ._ 'rDESCRIPTION PRICE "DSC. AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
Lettering 110.00
Delivery 800.00
Lighting System Change NC
Additional Coax 47.00
$51,141.00
Vehicle Serial #1FDKE3018GHB19815'
Horton Identification #02-14864329
Accepted & Received By:
R
Date:
i
i
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALES TAX
FREIGHT
REMARKS: TOTAL $51,141.00
,ill
ii
E%HIBIT A
PAGE 7 of 21
II
INVOICE _
11OR AK THE HORTON COMPANY NUMBER DATE ; 'r. PG
500 INDUSTRIAL MILE ROAD 40899 2/14/86
COLUMBUS,OHIO 43228
PHONE(614)272-8181
BILLTO: Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.NO. OR DATE CUS..NO. .SM
r:P.O.:NO SHIP VIA srCL'.,PPDTERMS
ORD. SHIP B!O STOCK NO. DESCRIPTION'. r.PRICE A .DSC AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
Lettering 110.00
Delivery 800.00
Lighting System Change NC
Additional Coax 47.00
$51,141.00
Vehicle Serial #1FDKE3012GHB19826.
Horton Identification #02-14864330
Accepted & Received by:
Date: P
I
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALES TAX
FREIGHT
:REMARKS: TOTAL $51,141.00
I
. I
EXHIBIT A
PAGE 8 of 21
I
INVOICE _
11ORMAK THE HORTON COMPANY NUMBER . ..:: DATE PG
500 INDUSTRIAL MILE ROAD 140900 2/14/86
COLUMBUS,OHIO 43228
PHONE(614)272-8181
BILLTO: Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.NO. ORD:DATE GUS:NO.. SM ,.:.SHIP VIA =CL PPD TERMS
ORD. SHIP BIO'STOCKNO 11 4?h DESCRIPTION PRICE _ DSC. .. AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
Lettering 110.00
Delivery 800.00
Lighting System Change NC
Additional Coax 47.00
$51,141.00
Vehicle Serial #1FDKE3013GHB19818
Horton Identification #02-14864331
Accepted & Received By:
R
Date:
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALES TAX
FREIGHT
REMARKS: TOTAL $51,141.00
I
i
i
�rcar�.:i
i
EXHIBIT A
PAGE 9 of 21
INVOICE
THE HORTON COMPANY NUMBER, ,;,DAT.E, ;.'r,:PG
500 INDUSTRIAL MILE ROAD 40901 L.2/14/86
COLUMBUS,OHIO 43228
PHONE(614)272-8181
BILL TO: Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.NO. ORD.DATE:: CUS NO:.:SM P.O:NO. .,; Gs LSHIPVIAc,$ CL.PPD TERMS
ORD. SHIP 810 STOCK NO '�x 7 E 4 ,
DESCRIPTION m y r (,PRICE ;OSC AMOUNT
t• T
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
Lettering 110.00
Delivery 800.00
Lighting System Change NC
Additional Coax 47.00
$51,141.00
Vehicle Serial #1FDKE3016GHB19828
Horton Identification #02-14864332
Accepted & Received By:
i
i Date:
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
REMARKS: TOTAL
$51,141.00
c�t:it=:ran!
i
EXHIBIT A
PAGE 10of 21
i
Ii
p�
INVOICE
H®RMAI THE HORTON COMPANY NUMBER . (:. DAT .PG
500 INDUSTRIAL MILE ROAD 40902 2/14/86
COLUMBUS,OHIO 43228
PHONE(614)272.8181
BILLTO: Mercy Ambulance Services, Inc. SHIPTO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.NO. ORD.DATE' CUS..NO...5M" =;i, s;P.O.N0 . .;; _; SHIP VIA ,.';,`CL.PPD.TERMS.';,.,
ORD. SHIP B!O STOCK 'DESCRIPTION PRICE DSC. . AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.0(
Addition of AM-FM Stereo Radio 197.0(
Lettering 110.0(
Delivery 800.0(
Lighting System Change NC
Additional Coax 47.0(
$51,141.00
Vehicle Serial #lFDKE3011GHB19817
Horton Identification #02-14864333
Accepted & Received By:
P
Date:
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALES TAX
FREIGHT
REMARKS: TOTAL
$51,141.00
I
I
i
. i
EXHIBIT A
PAGE 11 of 21
INVOICE
HORMW THE HORTON COMPANY ►vUMeER: ;,` DATE..?; :,PG
500 INDUSTRIAL MILE ROAD 40903 1 2/14/86 1_
COLUMBUS,OHIO 43228
PHONE(614)272-8181
BILLTO: Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.NO. ORD.DATE 'CUS.N0:' SM -P 0 " ` ��r K'='SHIP VIA,• w 'A CL PPD TERMS
NOm
ORD. SHIP BIO STOCK NO .. •D ESC RIPTION; PRICE DSC. 'AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
Lettering 110.00
Delivery 800.00
Lighting System Change NC
Additional Coax 47.00
$51,141.00
Vehicle Serial #1FDKE3014FHB19.827
Horton Identification #02-14864334
Accepted & Received By:
P
Date:
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
REMARKS: TOTAL $51,141.00
1
• �I
I
EXHIBIT A
PAGE 12 of 21
p�
INVOICE
11ORMAO' THE HORTON COMPANY NUMBER .. �• DATE,.;;::;:; PG
500 INDUSTRIAL MILE ROAD 40904 2/.. 86
COLUMBUS,OHIO 43228
PHONE(614)272.8181
BILLTO; Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.N0. ORD.DATE':TCUS..NO SM r;;`'i3PA NO +:SHIP VIA ur:`i ,}.:rs ?�.::CL`PPDTERMS
ORD. SHIP B/O STOCK NO:`: ..
:�.,;. "DESGRIPTION PRICE DSC. AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - agreed base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
lettering 110.00
Delivery 800.00
Lighting System Change NC
Additional Coax 47.00
$51,141.00
Vehicle Serial #1FDKE3010GHB19825'
Horton Identification 402-14864335
Accepted & Received By:
R
Date-
i
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
REMARKS: TOTAL $51,141.00
II
i
EXHIBIT A
PAGE 13 of 21
INVOICE -
MORMAK THE HORTON COMPANY NUMBER :. ;;. DATE. = PG
500 INDUSTRIAL MILE ROAD Remit Payment to: 031835 0'2/26/86 01
The Horton Company
COLUMBUS,OHIO 43228 Dept.L-487
PHON E(614)272.8181 Columbus,Ohio 43260 02/26/86
BILLTO: SHIPTO:
Texas Lifeline Corpr_,ratia Texas Lifeline Corporatio
925 Interfirst Tower 925 Interfirst Tower
801 Cherry Street 801 Cherry Street
FORT WORTH, TX 76102 FORT WORTH, TX 76102
ORD.NO. .ORD.DATE'CUS.,NOi N .... VIA . CL.PPDTERMS'
001957 02/25/86 00715 9 UPS NET 30
ORD. SHIP BID STOCKNO. .'. riti`. ,, :DESCRIPTION .PRICE DSC AMOUNT
100 100 9999999999 8-00563-02 R 9-10424-03 0.00 0.Ot
40 40 PHYM800418 8-00418-00 PEDIATRIC PADDLES 45.00 1,800.01
18 181 PHYM800563 8-00563-07 LP5 ACC KIT CHARGER 0.00 0.01
PHYMB01807 8-01807-12 LP5 BATTERY SUPPORT 980.00 1,960.Ot
PHYMB02346 8-02346-00 LP5 ACC. KIT BAT SU 0.00 0.0(
20 20 PHYMB03056 8-03056-01 LP5 CARRYING CASE 150.00 3,000.Ot
20 20 PHYMB03076 8-03076-01 LP5 ACCESSORY BAB 45.00 900.0(
20 20 PHYM900283 9-00283-14 LP5 MONITORS 2,759.65 55, 193.Ot
18 18 PHYM900284 9-00284-09 LP5 CHARGER 250.00 4,500.04
20 20 PHYM900285 9-00285-08 LP5 DEFIB 3,448.35 68,967.0(
26 26 PHYM910418 9-10418-02 PATIENT CABLE 48.50 1,261.0(
2 = PHYM910419 9-10419-150 PAPER (CASE) 0.00 0.01
8 8 PHYM910424 9-10424-03 BATTERY 90.00 720.0(
6 6 PHYM910429 9-10429-02 STYLERS 40.50 243.0(
-----------
SUBTOTAL 138,544.04
LESS AMOUNT PREVIOUSLY PAID 0.0k
MISC. 0.Ok
SALES TAX 0.0k
FREIGHT 373.7L
i
`REMARKS: TOTAL 138,917.74
SHIPPED DIRECT FROM PHYSIO CONTROL
' I
i
EXHIBIT A
PAGE 14 of 21
�II
INVOICE
110RAM THE NORTON COMPANY NUMBER DATE- PG
500 INDUSTRIAL MILE ROAD Remit Payment to: 031819 02/26/86 01
COLUMBUS,OHIO 43228 The Horton Company
PHONE(614)272-8181 Dept.L-487
Columbus,Ohio 43260 02/26/86
BILL TO: SHIP TO:
Texas Lifeline Ccrporatio SHIP ON FIRST UNITS TO
925 Inter^first Tower, TEXAS
801 Cherry Street
FORT WORTH, TX 76102
ORD.NO. ;ORD.DATE;.CUS.NO:.; SM ,-.P..O:NO 'tJ.} ,{:;;SHIP VIA u j „°.;,;.CL PPD TERMS
001911 02/20/86 00715 1 1 PICK-UP X NET 30
ORD. SHIP' BIO STOCK NO. a ;-;,DESCRIPTION a ; -PRICE `DSC. AMOUNT
1 1 PSEE000304 CODE 3 CONTROL BOX 25.00 10 22.5
24 24 PSEE000B35 CLEAR 37.5W HALOGEN LMP XL 2.75 10 59.41
F'SEE000D52 SELECTALE-RT POD,DRIV SIDE OUT 27.00 10 72.9
PSEE000B61 STATIONARY ALLEY LGHT 1EA ED R 52.00 10 140.41
PSEE000D66 STINGER DRIVERS SIDE 127.00 10 342.9
3 PSEE003050 SIREN, (WAIL,YELP,AIR HORN) 164.00 10 442.81.
PSEE003692 FULL FEATURE SIREN W/AIR HORN 345.00 10 931.51
6 6 PSEE00B935 SPECIAL LENSE INSERT (S) 28.00 10 151.2f
6 6 PSEE00B992 RED LENSE W/CLEAR END CAP XL 0.00 10 0.01
3 3 PSEE00LP95 LP95 LOW PROFILE SPEAKER 185.00 10 499.5t
PSEE04500M RED HALOGEN BEACON LIGHT 366.00 10 988.21
3 3 PSEE09000L CODE 3 XL LIGHT BAR 596.00 10 1, 609.21t
1 1 PSEE09LHAA 9L HALGO/AMBER DM CL END/ALLEY 748.00 10 673.2-
3 PSEEHORNTR HORN RING TRANSFER KIT 12.50 10 33.7°
4 4 PSEEPERMMT CODE 3 PERMANENT MOUNT 33.00 10 118.8•
3 PSEEPSE200 CODE 3 200 WATT SPEAKER 425.00 10 1, 147.51
P
SUBTOTAL 7, 233.7;
LESS AMOUNT PREVIOUSLY PAID 0.01
MISC. 0.01
SALES TAX 0.0.
FREIGHT 0.01
�I
REMARKS: TOTAL 7,233.7-
THANK YOU FOR YOUR ORDER ! ! !
I
EXHIBIT A
PAGE 15 of 21
INVOICE
THE HORTON COMPANY NUMBER DATE PG
500 INDUSTRIAL DUST
= RIAL MILE ROAD "_ 2L2.U1�r
COLUMBUS,OHIO 43228
PHONE(614)272-8181
Corrected Copy
BILLTO: Marcy Ambylance Services., Inc. SHIPTO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.NO. ORD.DATE CUS.N0. SM P.O.NO. SHIP VIA CL PPD TERMS
I
ORD. SHIP B/0 STOCK NO. DESCRIPTION PRICE DSC. AMOUNT
I i 1986 Ford 401 Sere= Horton E-imergency Medical Vehicle
complete and according to specifications - base price $49,581 .00
Addition of AMI-FM Stereo Radio 1s7.0C,
Lettering i10.U0
DeliVerI e-00.L;o
Lighting Syste,m:^:, Change
t2 C
Additional Coax 47.00
$51,141.00
#IFDKE3014GHB38572
Vehicle Serial XXXX.{' XXXX$;XXXXXXRX
Eorton Identification -02-2666_33u
L'
R
I Accc:aEC g R !C.-iva+ b.
I i -
!
i
I SUBTOTAL
i LESS AMOUNT PREVIOUSLY PAID
i MISC.
SALESTAX
FREIGHT
!,
TOTAL
REt�1ARKS: _ _
i
EXHIBIT A
PAGE 16 of 21
INVOICE
RAM THE HORTON COMPANY NUMBER :;`:;DATE;..
,i�i
500 INDUSTRIAL MILE ROAD 140927 2/2_6_/_86
COLUMBUS,OHIO 43228
PHONE(614)272.8181
BILLTO: Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.NO. ORD:DATE. CUS:NO...•SM ''°.P.O.`NO 34$ y;:.,SHIP.•VIA . �' " i 'GL.PPDTERMS
ORD. SHIP B/0 STOCK NO : DESCRIPTION . PRICE DSC. AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
Lettering 110.00
Delivery 800.00
Lighting System Change NC
Additional Coax 47.00
$51,141.00
' Vehicle Serial 41FDKE3012GHB22354
Horton Identification #02-26864338
Accepted & Received By:
Date:
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
i
;REMARKS: TOTAL $51,141.00
I .
i
i
EXHIBIT A
PAGE 17 of 21 i
I
4
I
i
I
INVOICE
,�®�,T(�W THE HORTON COMPANY NUMBER '-: DATE::...';_ .-PG
5001 DUSTRIAL MILE ROAD
40926 2/26/86
— COLUMBUS,OHIO 43228
PHONE(614)272-8181
BILLTO: Mercy Ambulance Services, Inc. SHIP TO:
925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.NO. ORD..DATE. CUS..NO:; SM .'; •'.P.O:N0. ;.SHIP VIA ?:`• v °rsCL PPD,TERMS
ORD. SHIP B/0 STOCK NO. DESCRIPTION PRICE DSC ".AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
Lettering 110.00
Delivery 800.00
NC
Lighting System Change .
00
Additional Coax 477.
$51,141.00
Vehicle Serial #1FDKE3014GHB22341
Horton Identification #02-26864337
P
Accepted & Received By:
Date:
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
REMARKS: TOTAL $51,141.00
I
I
EXHIBIT A
PAGE 18 of 21
II
I,
I
' I
INVOICE
ORMN THE HORTON COMPANY NUMBER DATE PG
; :
,�
500 INDUSTRIAL MILE ROAD 40925 2/26/86
COLUMBUS,0H10 43228
PHONE(614)272-8181
BILLTO: Mercy Ambulance Services, Inc. SHIP TO:
.925 Interfirst Tower
801 Cherry Street
Fort Worth, Texas 76102
ORD.N0. ORD.DATE CUS.NO. :SM -,P.O.NO. ::.SHIP VIA ".';: .;:'.'_CL PPDTERMS_-
ORD. SHIP B/O STOCK NO. DESCRIPTION PRICE DSC. ..AMOUNT
1 1986 Ford 401 Series Horton Emergency Medical Vehicle
complete and according to specifications - base price $49,987.00
Addition of AM-FM Stereo Radio 197.00
110.00
Lettering 800.00
Delivery NC
Lighting System Change 47.00
Additional Coax
$51,141.00
Vehicle Serial #1FDKE3018GHB19829
Horton Identification #02-26864336
Accepted & Received By-,
Date:
I
SUBTOTAL
LESS AMOUNT PREVIOUSLY PAID
MISC.
SALESTAX
FREIGHT
REMARKS: TOTAL $51,141.00
I,
MMIBIT A
.PAGE 19 of 21
�I
3 9 B1405 T1R1 Channel Control Module
•3a 3 8143 Repeater Disable
4 2 B1430 TORO Channel Control Module
4a 3 K143 Repeater Disable
5 1 B1460_B Central Electronics Bank
5a 1 K307_A 70" Cabinet
5b 2 K744 T% PL Stripping
6 11 B1422 Base Interface Module
6a 11 K59 Line Operated Busy Light
6b 11 8311 Duplex Operation
9 2 B1603-A 44" Three Panel Single
9a 1 8751 Add Both Side Panels
9b 2 8127 Foot Supports ,
10 1 B1226 Writing Surface
11 1 B1233 Pencil Drawer
12 1 B1248_A Blank Panel (5-1/4)
16 2 B1405 Spare CCM
17 1 B1430 Spare CCM (SF)
18 1 B1422 Spare BIM
18a 1 K59 Light Operated Busy Light
18b 1 8311 Duplex Operation
16 1 P1024 Audio Switch Matrix
Dispatch Point Equipment Sub-Total $40,414
p
Mobile
----------
Two-Way Repeat Mobile
l Z0 02033
2 20 P1032 Touch-Code Steering
3 20 P24ESN3150_N APCOR Portable 1W, TBR10
3a � 20 H713 Touch-Code Encoder
ZO' NLN4671 110 VAC Charger
5 20 NKN6240 110 VAC Cable
6,. 20 NKN6240 12 VDC Cable
7 15 NLN4598 Spare Battery
8 20 "NLN4666 12V Charger
9 5 TDN6890 Battery Conditioner
10 20 ESS MRCS-1 Mobile Radio Charging System
11 20 T45VBJ7000_K Syntor %
lla 20 W844 Plant Programming
i
EXHIBIT A
PAGE 20 of 21
# Mobile Equipment Sub-Total $386,942
Portables
-------------------------------------------------------
1 20 H34BBU3144_N MT-500 (4 W, Universal)
1a 20 H501 Omit 1 TX
lb 20 A521 Omit 1 RX
1�c 20 H927 75 dB IM
d 20 NLN4463 battery
2 20 N1278 Convertacom
2a 20 H110 5 dB Antenna
2b 20 H133' 12 W Speaker
3 1 NLN4570 12 bay charger
# Portable Equipment Sub-Total $38,255
Paging
-------------------------------------------------------
1 100 A04JVC2468-C Spirit Pager
In 100 R138 Group Call
lb 100 R209 Five Year Warranty. '
2 100 NLN6965 Spare Battery
3 20 H04EAB1712_N Minitor
3a 20 R177 Long Tone B ;
3b 20 R209 Five Year Warranty
4 40 NLN6965 Spare Battery
5 5 NLN4412 Charger
6 15 NLN1492 Charge"r/Amplifier
7 1 NLN8412 (5 recv/10 bat charger --------------
# Paging Equipment Sub-Total $39,398
r
R•.
###$#$#######$##$
$648,770
Equipment Grand Total
I
i
EXHIBIT A
PAGE 21 of 21
I
I'M PURCHASE ORDER
Hartson
IMPORTANT
4318 47th Street OUR ORDER NUMBER MUST APPEAR ON ALL
Post Office Box 85231 CORRESPONDENCE.INVOICES,PACKING LISTS,
BILL OF LADINGS PACKAGES.ETC '•
San Diego,California 92138
(619)280-6115
DATE ,]an 76+19 PURCHASE ORDER NUMBER FW6016KWW0SD
TO: Mr. Jim Gravley SHIP TO: Hartson
Motorola C&E au
9980 Carroll Canyon Road Check One
San Diego, Calif 92131 ( )P.O.Box 85231 (X4318 47th Street ( )7575 Carroll Road
San Diego,CA San Diego,CA San Diego,CA
92138-5231 92115 92121
Attn: AttnK- WilliamsAttn:
OUR STOCK OTY YOUR STOCK DESCRIPTION UNIT COST EXTENSION
8 44SSU3144N MX300S 12 Ch UHF Radio 1,712.00 13,696.00
8 701 Selective Call (tones to follow) 144,00 1,152.00
8 IqLN8862 Case Substution 14.00 112.00
4 iMN6072 Speaker Mic/Antenna 103.70 414.80
8 ITLN8858 Rapid Charger 97.00 776.00
8 qLN5860 Spare Battery 38.40 307.20
8 41244 Convert-a-Com 251.00 2,008.00
8 133 12Watt Speaker 43.00 ' 344.00
8 4110 5 db Gain Antenna 39.00 312.00
8 1275 35 Watt Power Amp 245.00 1,960.00
3 44TLA7000K Mostar UHF Radio
3 311 Time Out Timer
3 3850 8 Channels rotal un t
3 APL Multiple P.L. as listed
3 B123 5 db Gain Antenna 644.00 1,932.00
3 DEL B924 Delete all channel scan (5050.00) ( 150.00)
3 B18 External Speaker 23.00 . 69.00
3 B14 Control Head Monitor Switch 15.00 45.00
P
1
California Shtte Sales Ta 1,378.68
TOTAL $ 4,356.68
AUTHORIZED BY
NOTES:
mark all corespondance ATTN. KURT WILLIAMS
Bill Net 30 Days
-
_
arso.
jdWh
Uutk 1 lfic.��' _. .
RISK MANAGENIENV INSURANCE-:'-_ _
_ August 12 -
o
City .of Fort worth �. AUG � ... _
City Hall-Municipal Bldg. ,
' 1000 Throckmorton
Fort Worth, TX 76102
ATTN : City Secretary' s Office
Re Medstar
Property Policy 46 CF FN0630
Dear' Secretary:
Enclosed for the City' s records , please find a copy of the
above caption policy. The policy provides fire coverage
on the building owned by the City and occupied by Medstar.
at 3010 S Grove .
Carefully 'look over. the policy and advise of any changes
or questions you have concerning the policy .
Sincerely,
Tina Hovis
. Account Supervisor
Enclosure
300 OIL&GAS BUILDING
FORT WORTH,TEXAS 76102
(817)336-3382
METRO 654-1081
TELEX:792887
TEXAS STANDARD POLICY
Sir PART 2 These Policy Provisions, with PART 1, and endorsements,
if any, issued to form a part thereof, complete this Policy.
vAl THE HARTFORD -
'000 A
i
I
I -
The Company designated in Part One
(a stock company, herein called the Company)
IN CONSIDERATION of the stipulations and conditions provided in Part One and Part Two, of this policy, or any
endorsements added hereto, which are made a part of this policy, and in consideration of the premiums provided,
does insure the person named on Part One, for the policy period specified, against direct loss resulting from any
of the Perils in Part One WHICH HAVE A PREMIUM INSERTED OPPOSITE THERETO (Column 6). Such insur-
ance applies only to the property described and located as provided in this policy.
SECTION I DEFINITIONS
BUILDING—Insurance on a building shall include everything which EXCESS INSURANCE — Excess insurance provided herein shall
is legally a part of the building, except machinery which is not used not apply until all other insurance which would attach in the absence
solely in the service of the building. It shall also include, if not other- of this insurance is exhausted.
wise insured, materials in and adjacent to the building for making
alterations, extensions, and repairs thereto (not to exceed 10% of STOCK—Insurance on stock shall include all stocks of merchandise
the insurance hereunder on the building), and the following property (finished,in process,or unfinished)including packaging materials,and,
belonging to the insured as building landlord but not as tenant or provided the insured is legally liable therefor,property sold but not
occupant: maintenance equipment and supplies; floor coverings, delivered,held in trust or on consignment,or for storage,or for repairs.
window shades,and furnishings of corridors and stairs; and refriger- Unless specifically provided hereon,this policy does not cover custom-
ators and stoves. ers'goods in laundries,cleaning,or pressing establishments.
Dwelling Extension—At the option of the insured, insurance on a FURNITURE, FIXTURES, AND, OR MACHINERY.— Insurance on
dwelling may be extended as excess insurance to the fences, furniture, fixtures, and, or machinery shall include all contents not
drives, walks, yard fixtures, private garages, servants' houses, and,
if used solely in connection with the occupancy thereof, other out- included as "Building" or "Stock" and shall also include, provided
buildings on the premises of the dwelling, to the extent of their the insured is not the owner of the building, the insured's interest in
respective actual values, but the aggregate of such extension shall improvements and betterments made to the building if not specific-
not exceed 10%of the amount of insurance on such dwelling. in the ally insured under this or any other policy.
application of this Dwelling Extension, boarding, rooming, fraternity,
and sorority houses, and apartment buildings (containing not more CONTENTS — Insurance on "Contents" shall include all property
than eight separate apartments) may be considered as dwellings. included above in "Stock," "Furniture, Fixtures, and, or Machinery,"
HOUSEHOLD GOODS — Insurance on household goods shall "Household Goods,"and, if not otherwise insured, personal property
include all personal property, usual to a residence, of the insured of the employees, officers, or partners; any loss to such personal
and his family. property shall, at the option of this Company, be adjusted with and
Household Goods Extension—At the option of the insured, up to payable to the insured.
10%of the insurance written specifically on"Household Goods"in a
residence may be applied as excess insurance as follows: (a) on PLATFORM CLAUSE — Insurance on stock, furniture, fixtures, or
household goods of the insured elsewhere on the premises and machinery shall cover while such property is contained in additions
when temporarily removed to any other location in the United States and extensions adjoining and communicating with the building and
of America, Canada, and Mexico, and, (b)while on the premises on while on platforms, sidewalks, alleys, and yards immediately adja-
household goods of servants and on household goods of others in cent, including while in railroad cars or other vehicles within 100 feet
the custody of the insured. of the described building.
SECTION 11 SPECIAL CONDITIONS
Removal Clause — Within the specified limits, this policy shall• tion which the value of each said building, structure, or place,or the
cover expense and damage occasioned by removal from the pre- contents thereof shall bear to the value of all of the property cov-
mises endangered by the Perils insured against in this policy, and ered by such Item.
pro rata for five days at each place to which any of the property
shall necessarily be removed for preservation. Coinsurance Clause — When it is indicated that coinsurance
applies to the insurance under any Peril on any Item.described
Unearned Premium Clause — If a loss is paid under this policy, herein, the insured shall maintain contributing and collectible insur-
this insurance shall indemnify the insured for loss of the pro rata ance under each such Peril upon the respective Item of not less
unearned premium on the amount of such loss payment.This Com- than the specified percentage of the actual cash value thereof; and,
pany, however, may elect by written notice within sixty days after failing so to do,the insured shall be an insurer to the extent of such
date of loss to reinstate this policy in the amount of such loss and, deficit and bear such proportionate part of loss on each such Item.
in consideration of such reinstatement, make no payment to the In the application of this Coinsurance Clause, the value of
insured as provided by this clause. foundations of buildings which are below the surface of the lowest
Pro Rata Distribution Clause—(Not applicable to those Items to basement floor or,where there is no basement,which are below the
which the 90% or 100% Coinsurance Clause is applied nor to the surface of the ground, shall be disregarded.
"Dwelling Extension" or"Household Goods Extension.") If any Item If the aggregate claim for loss is both less than $10,000 and
of insurance covers on a building or structure and contents, or on less than 5% of the total amount of insurance upon the property
more than one building, structure, or place, or the contents thereof, described hereon, no special inventory or appraisement of the
the amount of insurance under each such Item shall attach on each undamaged property shall be required. This provision, however,
building, structure, or place, or the contents thereof in that propor- shall not waive any of the requirements of the coinsurance clause.
Form 4162
SECTION III SPECIFIC COVERAGE CONDITIONS
Conditions Applicable Only to Extended Coverage: Insurance for loss resulting from ensuing fire or from change in temperature.
provided under this Coverage shall not be cumulative of but shall Conditions Applicable Only to Smoke: Loss by smoke shall be
extend the coverage under Coverage F (Fire) to include direct loss limited to loss caused by a sudden, unusual, and faulty operation of
by windstorm, hurricane, hail, explosion, riot, civil commotion, any heating, disposal or cooking unit, only when such unit is con-
smoke, aircraft, and land vehicles. nected to a chimney by a smoke pipe, and while in or on the prem-
This Company shall not be liable for a greater proportion of any ises described herein, excluding, however, smoke from fireplaces or
loss from any Peril included in this Coverage than the amount of industrial apparatus.
insurance under Coverage F (Fire) of this policy.bears to the whole Conditions Applicable Only to Damage by Aircraft and Land
amount of fire insurance covering the property. Vehicles: Loss by aircraft shall include direct loss by falling air-
The following conditions apply whether the Perils are insured craft, or objects falling therefrom, but this Company shall not be
separately or under Extended Coverage. liable for loss caused by any vehicle or aircraft (except falling
Glass Clause: As to glass insured hereunder, this insurance shall aircraft) owned or operated by the insured, or by any tenant of the
apply as excess insurance. described premises, or by any agent, employee, or member of the
Conditions Applicable Only to Windstorm, Hurricane, and Hail: household of either.
Unless specifically named hereon, this Company shall not be liable Conditions Applicable Only to Rents or Rental Value: Insurance
for loss to metal smokestacks (except when securely fastened to provided by this Coverage shall indemnify the insured for direct loss of
walls of a masonry building), radio or television towers and rents and,or rental value of the building described herein provided such
antennas, windmills, wind chargers, outside erected signs, or green- loss results from the Perils insured against herein. Total liability
houses, nor for loss caused by (a) blizzard or change in tempera- hereunder shall not exceed the amount specified under"Total Insur-
ture, nor (b) by snow storm, tidal wave, high water, or overflow, ance"(Column 4);nor shall the liability each month exceed the amount
whether driven by wind or not; nor for any loss caused by rain, specified on Page 1 of this policy or a proportionate part for less than a
whether driven by wind or not, unless the wind or hail shall first month.
make an opening in the walls or roof of the described building, and The term"Rents and,or Rental Value"shall mean the rental value
shall then be liable only for loss to the interior of the building, or the expenses and es ex as do not necessaril y continue.
insured property therein, caused immediately by rain entering the less such charges p
building through such openings. It is hereby provided that if said premises or any part thereof shall
Unless specifically provided hereon the "Dwelling Extension" be rendered untenantable by any of the Perils insured against, this
shall not apply to structures extending wholly or partially over Company shall thereupon become liable for the rental value of such
water. untenantable portions. Loss shall be computed from the date of loss
Conditions Applicable to Explosion: This Company shall not be until such time as the building could, with reasonable diligence and
liable for loss by explosion, rupture, or bursting of steam boilers, dispatch, be rendered again tenantable, although the period may
steam pipes, steam turbines, steam engines, or flywheels, when extend beyond the expiration of this policy;except if only a portion of the
such objects are owned, operated, or controlled by the insured.This building is rendered untenantable,the number of months for which this
Company shall not be liable under this Coverage for damage Company is liable shall not exceed the number of months for which this
caused by ensuing fire. Company would have been liable in the event the entire building had
Conditions Applicable Only to Riot and Civil Commotion: Loss been rendered untenantable.If the insured occupies any portion of the
by riot or civil commotion shall include direct loss from pillage and building, a fair rental value of the portion so occupied shall be
looting when such pillage and looting occurs during and at the considered as a part of the rental value insured.
immediate place of a riot or civil commotion, and shall also include If this insurance covers on rents or rental value of more than one
direct loss or damage by acts of striking employees of the owner or building,the monthly liability and the total liability shall apply to each
tenant of the described building while occupied by said striking building in the same proportion that the rent or rental value of each
employees. This Company shall not be liable under this Coverage building bears to the total rent or rental value of all buildings.
MORTGAGE CLAUSE
(Without Contribution)
This policy, as to the interest of the mortgagee only therein, Failure upon the part of the mortgagee to comply with any of
shall not be invalidated by any act or neglect of the mortgagor or the foregoing obligations shall render the insurance under this policy
owner of the within described property, nor by any foreclosure or null and void as to the interest of the mortgagee. .
other proceedings or notice of sale relating to the property, nor by This policy may be cancelled as to the interest of any mort-
any change in the title or ownership of the property, nor by the gagee named hereon b y giving uch mortgagee ten da s' written
occupation of the premises for purposes more hazardous than are g y
notice.
permitted by this policy; PROVIDED that the mortgagee shall notify
this Company of any change of ownership or increase of hazard If this Company shall claim that no liability existed as to the
Compa
which shall come to the knowledge of said mortgagee, and unless mortgagor or owner, it shall, to the extent of payment of loss to the
permitted by this policy, it shall be noted hereon; and PROVIDED mortgagee, be subrogated to all the mortgagee's rights of recovery,
further that upon failure of the Insured to render Proof of Loss, such but without impairing mortgagee's right to sue; or it may pay off the
mortgagee, upon notice, shall render Proof of Loss in the form mortgage debt and require an assignment thereof and of the mort-
herein specified within ninety-one days thereafter and shall be sub- gage.
ject to the provisions hereof relating to appraisal and time of pay- The word "mortgagee" shall be construed to mean mortgagee
ment and of bringing suit. or trustee.
i
� I
Form 4162
_
'
. ENDORSEMENTS
`
SECTION BASIC CONDITIONS
' �� _ � R�u|�mmma|n �o insured shall give immediate notice to
` 1c�n�ea/nen� This entire "' ='�' =" ,"= '' ~' this Company of any losopmmothepmp
before or after a loss, the insured has will- 73 case 1�ss occurs.2 fraud. 4 erty from further damage,separate the dam-
3 fully concealed or misrepresented any ma- 74
4 terial flact or circumstance concerning this insurance, or the 75 aged and undamaged personal property, and furnish a com
76 plete inventory of all property insured by this policy showing
5 subject thereof or the interest of the insured therein, or in 77 in detail all costs. The insured, as often as may be reasonably
6 case of any fr6ud or false swearing by the insured relating 78 required, shall exhibit to any person designated by this Com-
7 thereto. 79 pany all that remains of any property herein described; and
8 Excepted This policy shall not cover accounts,money, 80 submit to examinations under oath by any person named by
9 property. currency,securities, deeds,or evidences of 81 this Company, and subscribe the same; and, as often as may
10 debt;nor,unless specifically named hereon, 82 be reasonably required,shall produce for examination all books
11 cloth awnings, records and books of records (except for their 83 of account, bills, invoices, and other vouchers, or certified
12 physical value in blank), manuscripts, bullion, animals, motor 84 copies thereof if originals be lost, at such reasonable time and
13 vehicles,or aircraft. 85 place as may be designated by this Company or its representa-
14 Hazards not This Company shall not be liable for loss 86 tive, and shall permit extracts and copies thereof to be made.
15 Included. by fire or other Perils insured against in 87 Within ninety-one days after the loss, unless such time is
16 this policy caused, directly or indirectly, 88 extended in writing, the insured shall render to this Company
17 by: (a) enemy attack by armed lorces, including action taken 89 a proof of loss signed and sworn to by the insured. Such proof
18 by military, naval, or air forces in resisting a6 actual or an go of loss shall reveal to the best knowledge-and belief of the
19 immediately impending enemy attack; (b) invasion; (c) in- 91 insured the following: the time and cause of the loss; the in-
20 surrection; (d) rebellion; (e) revolution; (f) civil war; (g) 92 terest of the insured and all others in the property, including
21 usurped power; (h) order of any civil authority except acts 93 any encumbrances thereon; all contracts of insurance, whether
22 of destruction at the time of and for the purpose of pre- 94-valid or not, covering such property; the actual cash value of
23 venting the spread of fire, provided that such fire did not 95 each item of property and the amount of loss'thereto; and by
24 originate from any of the hazards excluded by this policy; 96 whom and for what purposes the building was occupied at the
25 (1) neglect of the insured to use all reasonable means to save 97 time of loss. No provision, stipulation, or forfeiture of this
26 and preserve the property at and after a loss, or when the 98 politc shall be waived by any requirement, act, or proceeding
27 property is endangered by fire in neighboring premises; 0) 99 is C mpany relating to investigation, appraisal, or ad
28 nor shall this Company be liabile for loss by theft; (k) nor for 100 justment of any loss.
29 any.electrical injury or disturbances to electrical appliances, 101 Appraisal. In case the insured and this Company shall
30 devices,or wiring resulting from aritificial causes. 102 fail to agree as to the actual cash value or
103 the amount of loss, then, on the written demand of either,
31 Conditions Unless otherwise provided in writing added 104 each shall select a competent and disinterested appraiser and
32 suspending or hereto, this Company shall not be liable 105 notify the other of the appraiser selected within twenty day s
33 restricting for loss occurring (a, b, and c applicable 106 of such demand. The appraisers shall first select a competent
34 Insurance. only to Coverage F—Fire): 107 and disinterested umpire; and failing for fifteen days to agree
35 (a) while the hazard is increased by any 108 upon such umpire, then, on request of the insured or this
36 means within the knowledge and control of the insured, pro- 109 Company, such umpire shall be selected by a judge of a dis-
37 vided such increase in hazard is not usual and incidental to the 110 trict court of a judicial district where the loss occurred. The
38 occupancy as hereon described;or 111 appraisers shall then appraise the loss, stating separately
39 (b) while a described building, whether intended for occupancy 112 actual cash value and loss to each item; and, failing to agree,
40 by owner or tenant, is vacant beyond a period of thirty con- 113 shall submit their differences only to the umpire. An award in
41 secutive days;or 114 writing, so itemized of any two when filed with this Company,
42 (c) as a result of explosion or riot, unless fire ensue, and in 115 shall determine theamount of actual cash value and loss. Each
43 that event for loss by fire only;or 116 appraiser shall be paid by the party selecting him and the
44 (d) following a change in ownership of the insured prop- 117 expenses of appraisal and umpire shall be paid by the parties
45 erty;or 118 equally.
4ouo while any other stipulation "' condition ~' ^the policy - 119 Company's " shall ~e optional '~�� Company to
47 being violated. 120 options. take all, or any part, at the
48 Changesor Changes in this policy may be made and 121 agreed or appraised value, and also to re-
49 additions. Perils added hereon only by written en- 122 pair, rebuild, or replace the property it destroyed or damaged
50 dorsement properly executed by an author- 123 with other of like kind and quality w hin a reasonable time,
1151, ized agent of this Company and attached hereto; but no pro- 124 on giving notice of its intention so to do within thirty days
52 vision may be waived except such as by the terms of this 125 after the receipt of the proof of loss herein required.
53 policy is subject to change. 126 Abandonment. There can be no abandonment to this Com-
127 pany of any property.
54 Cancellation The insured may cancel this policy by no- 128 When loss The amount of loss for which this Com-
55 of policy. tice to this Company; upon surrender of 129 payable pany may be liable shall be payable sixty
56 the policy this Company shall refund the 130 days after proof of loss, as herein provided,
57 short rate unearned paid premium. This Company may cancel 131 is received by this Company and ascertainment of the loss is
58 this policy by giving the insured five days written notice; such 132 made either by agreement between the insured and this Com-
59 notice shall state that the pro rata unearned paid premium, if 133 pany expressed in writing or by the filing with this Company
60 not tendered,will be refunded on demand. 134 of an award as herein provided.
135 Suit. No suit or action on this policy for the
61 Pro rata This Company shall not be liable for a
62 liability. greater proportion of any loss than the 136 recovery of any claim shall be sustainable
63 amount hereby insured shall bear to the 137 in any court of law or equity unless all the requirements of
64 whole insurance covering the property against the Peril in- 138 this policy shall have been complied with, and unless com-
65 volved, whether collectible or not; except if any article or 139 menced within two years and one day next after cause of
66 piece of personal property, covered hereunder by a general 140 action accrues.
67 Item (i.e., one covering several articles), is insured specifi- 141 Subrogation. This Company may require from the in-
sured an assignment of all right of recov-
vision) under this, or any other 142
68 cally (without an excess pro s over the 143 ery against any pa for loss to the extent that payment
69 policy., then such general Item shall apply as exces ti.
70 specific insurance and pay only for any actual loss sustained 144 theref6r is made by t is Company. The insured may not, ex-
71 over the amount of specific insurance. 145 cept it be in writing executed prior to the loss, waive his right
'-` ~'recovery from any party. lawfully applicable to its mavi special regulations
If insurance under this policy be made by a mutual or any other company is, policyholders, or policies or contracts of,insurance which would in any manner exempt such company
organization, membership, by-lay
from any `~''~'~~''`' of this policy or which would affect or change any condition(s) of this policy whether such exemption(s) or change(s)
relate uopremium � ����a�omo or performance hereunder, such special regulations ~n/cn are /m°.""' "pp~~~~ are
printed hereon or attached wamm as »"ovm^m«/:^
Article a13. Policy a Liquidated Demand. A fire insurance policy, i» case ofototal loss by fire of property insured, shall be held and
i � ,memo amoumcf such policy. The pmvioiuns �this A�ic|� ehaUnmapply m
considered to be |
personal property..
IN WITNESS WHEREOF, this Company has executed and attested these presents; but this policy shall not be
valid unless countersigned by an authorized Agent ofthis Company.
|
Wao'_JjMi,�ael' - \o��" c���"��.r"=*�'
J f Iil PAKI . : 9 r ;'K., 4 162 9 A!"N1) !..INIJUHS:.i°ic.INI
IF ANYx ISSUED 1'0 FORM A PART THEREOF9 COMPLETES THE
FN , BELOW NUMBERED TEXAS STANDARD POLICY
:-F INSURER : HARTFORD CASUALTY INSURANCE COMPANY
HARTFORD PLAZAS HARTFORD9 CONNECTICUT 06115
3 E C L A R A T 10. N S
POLICY N0.46 CF FN0630
I N S U R E D'S N A M E A N D TEXAS LIFELINE CORP* .DBA MEDSTAR
W A I L I N G A D D R E S S (LESSEE) CITY OF FORT WORTH ATIMA
3010 S. GROVE
FORT WORTH TARRANT
TX 76104 ,
0 L I C Y T E R M: (16/06/86 06/06/87 1
122.01 A.M. STANDARD TIME AT INCEPTION EXPIRATION YEAR
LOCATION ' OF DESCRIBED PROPERTY.
R 0 D U C E R• S C 0 D E: 502239
? R U D U C E ReS N A M E: CARSON—LUEBBEHUSEN BURK INC
? R 'E V I 0 U S P O L I C Y N 0. NEW
COINSURANCE TOTAL TERM PREMIUM
-UVERAGE PERILS APPLICABLE INSURANCE RATE
F FIRE AND LIGHTNING SEE SCHEDULE
EXTENDED COVERAGE — WINDSTORM9 HURRICANES HAILS `XPLOSION9 RIUTP
CIVIL COMMOTION! SMOKES AIRCRAFT AND LAND VEHICLES.
SEE SCHEDULE
X EXPLOSION
:R RENTS OR RENTAL VALUE SEE. SCHEDULE
(NOT TO EXCEED $ A MONTH)
---------------------7----------------------------------------------------------
TOTAL PREMIUM $29213.00
--------------------------------------------------------------------------------
N D 0 R S M E N T N 0 S
FIRM SCHEDULE 112-1051 135-0159 164-1082 222-0665 31-0669 60-0953
)5-1081 70-0578 79—C-1185 135-1185 134-0880
40-3B CANCELLATION PROVISION
2,')li0-3B ADDITI0NAL INSURED
—2240-30 NAMED INSURED
ARE- ATTACHED
UNI.LS5 OTHERWISE' PROVIDED9 INSURANCE ON PERSONAL PROPERTY SHALL COVER
JNLY WfiILE 1N T;-1" DESCRIBED BUILDING.
IF TIiF' COINSURANCE CLAUSE IS NOT APPLIEDP NO OTHER FIRE INSURANCE IS
?EERMITTED UNLESS THE TOTAL AMOUNT, INCLUDING THIS POLICY9 ON EACH
ITEM IS INSERTED IN THE BLANKS WHICH FOLLOW: SEE SCHEDULE
AGENT — _ _ — — — _ ! — —
r, -•tn nr � -+ r. n .,,•Err, pt' 't n _
r is t;1 F't'i - !4u—U JLCLAnAT IONS PAGC (CONTINUED i
LOS: ON BUILDING ITEMS SHALL BE PAYABLE TO . SEE SCHEDULE
AS MORTGAGEE OR TRUSTEES AS THEIR INTEREST MAY APPEAR AT TIME OF LOSS'
SU'3JECT TO MORTGAGE CLAUSE (WITHOUT CONTRIBUTION ) PRINTED ELSEWHERE IN
THIS POLICY.
SU 3Jt.CT TO ARTICLE r;.13 OF THE TEXAS INSURANCE CODE-19519 LIABILITY
riER':_:UNDER SHALL ;JOT i:XCEED THE ACTUAL CASH VALUE OF THE PROPERTY
AT THE TIME OF LOSSS ASCERTAINED WITH PROPER DEDUCTION FOR
AEPKi:CIATION; NOR SHALL IT EXCEED THE AMOUNT IT WOULD COST TO REPAIR
Oil RI.-PLACE TFIF. PROPERTY WI (H MATERIAL OF LIKE. KIND AND (DUALITY
wtimIN A REASDNABLE TIME AFTER THE LOSS9 WITHOUT ALLOWANCE FOR ANY
.LNCKF.AStD COST OF RE:.PAIR OR RECONSTRUCTION 3Y REASON OF ANY ORDINANCE
OR LAW REGULATING CONSTRUCTION OR REPAIRS AND WITHOUT COMPENSATION
FOR 1_0`;S RFSULTING FROM INTERRUPTION OF BUSINESS OR MANUFACTURE:;
-VOIt :HALL IT EXCISED THE INTEREST OF THE INSUREDS OR THE SPECIFIC
AMOUNTS SHOWN UNDER 9AMOUNTS OF INSURANCE. •
ASSIGNMENT OF THIS POLICY SHALL NOT BE VALID EXCEPT WITH THE
ARITTEN CONSENT OF THIS COMPANY.
ubL'ICY so. 46 CF FN0630
CANCELLATION PROVISION
T-IIS ENDORSEMENT FORMS A PART OF POLICY NO . 46 . FN0630 ISSUED BY THE
HARIrDRD INSURANCE 00OU0 COMPANY DESIGNATED THE::RLINv AND TAKES CFFOCT AS OF
fHL LPFEC:TIVE: DALE OF SAID POLICY UNLESS ANOTHER .EFFEETIVE DATE I'S STATED
HEREIN.
IU THZ EVENT OF CANCELLATIOM OR MATERIAL- CHANGE WHICH REDUCES OR
AESThICTS THE INSURANCE AFFORDED BY THE POLICYvTHE COMPANY AGREES
TO MAIL GO GAYS PRIOR WRITTEN NOTICE EXCEPT IN THE EVENT OF NOW-
PAYMFNT OF PREMIUMS IN WHICH 30 OATS WILL BE GIVEN.
EHAR LEASING AND FINANCIAL CORPORATION
ATTN :JANE BILLETT
700 SOUTH FLOWER STREET
LOS ANGELESvCA 90011
CITY OF FORT WORTH
AAAA
r=ORH 0-2240-O BT SEO NO 01 PRINTED IN U.S.A. PAGE 1 .1
-,13L-ICY ti0. 116 CF FN0630
ADDITIONAL INSURED
J:AlS =NDORSEME.NT FORMS A PART OF POLICY NO . 46 FN0630 ISSUED BY THE
,HARTFORD INSURANCE- GROUP COMPANY DESIGNATED THEREIN' AND TAKES EFFECT AS OF
THE E'FFECTIVE DATE OF SAID POLICY UNLESS ANOTHER EFFECTIVE DATE IS STATED
H`flE IN.
:l (Y OF FORT. WORTH
FOR:1 G-2240-,lbT SEQ NO 02 PRINTED IN U.S.A. PAGE 1 .1
POLICY ,NO. 46 CF FN0630 .
NAMED INSURED
1 ,AIS ENDORSEMENT FORMS A PART OF POLICY NO. 46 FN0630 ISSUED BY THE
-IARTl=ORD INSURANCE GROUP COMPANY DESIGNATED THERELIVs AND TAKES EFFECT AS OF
THr .EFFECTIVE DATE OF SAID POLICY UNLESS ANOTHER EFFECTIVE DATE IS STATED
HEREIN.
TEXAS LIFELINE CORP9 .DBA MEDSTAR (LESSEE)• CITY OF FORT WORTH
(3LUG OWNER)ATIMA
II
i)F'.^^ iy- 2240—.-ilif Si:'Q NO 03 PRINTED IN U.S.A. 11AC3 E. 1 .1
Ohr; 112-I0°�1T LOSS PAYABLE CLAUSE
IT IS AGREED THAT ANY LOSS OR DAMAGE ASCERTAINED AND PROVED TO BE DUE
40 THE INSURED UNDER THIS POLICY SHALL RE HELD PAYABLE TO.-
iEHR LLASIN , AND FINANCIAL CORP
ATIN :JANE SILL TT
700 SOUTH FLOWER STREET
LOS .AUGE.LES 9 9 CA 90 017
AS INTEREST MAY APPEAR ; SUSJECT9 HOWEVER#_ TO ALL THE TERMS AND
CONDITIONS OF THIS POLICY9 WHICH ARE MADE A PART HEREOF.
PRESCRIBED 6Y THE STATE BOARD OF INSURANCE
f. 9om i l ^ .l nS! T PPTNTrO TN H c. n ..
` FIRE SCHEDULE T
F I R E S C H E D U L E
i
LOCATION 1 BUILDING 1
LOSS PAYEE : BEHR LEASING AND FINANCIAL CORP
ATTN:JANE BILLETT
700 SOUTH FLOWER STREET
LOS ANGELES9
CA 90017
DESCRIPTION AND LOCATION OF PROPERTY COVERED
B U I L U 1 N G C O V E R A G E
ON THE 1 STORY APPROVED ROOF
SFR BUILDING
OCCUPIED AS: AMBULANCE REP9STGE & OFFICE
LOCATED AT: 3010 S. GROVE
FORT WORTHS TARRANT COUNTY' TX 76104
COINSURANCE APPLICABLE 90%
REPLACEMENT COST COVERAGE APPLIES
AMOUNT OF INSURANCE $19000m000
DEDUCTIBLE: OTHER DEDUCTIBLE CLAUSE .
(LARGE) APPLICABLE $39000
PERILS INSURED AGAINST AND COVERAGE PROVIDED
FIRE AND LIGHTNING
- TERM RATE 0086
- ANNUAL NORMAL PREMIUM $860.00
- FIRE RECORD % . 050
- ANNUAL ACTUAL PREMIUM $903.00
EXTENDED COVERAGE
- TERM RATE . U46
- ANNUAL PREMIUM $460.00
VANDALISM AND MALICIOUS MISCHIEF
- TERM RATE . 009
- ANNUAL PREMIUM $90 .00
SPECIAL EXTENDED COVERAGE
- TERM RATE . 034
- ANNUAL PR=MIUM $340000
l)i;?1 FIRE SCHEDULE T E'RINTEi; IN U.S.A.
FI R,E SCHEDULE T
F I R E S C H E D U L E
LOCATION 1 BUILDING 1 CONTINUED
---------------------------------------------------------------------------
TDTAL ANNUAL PREMIUM $14795600
---------------------------------------------------------------------------
DESCRIPTION AND LOCATION OF PROPERTY COVERED
C 0 N T F: N T S
IN THE 1 STORY APPROVED ROOF
SFR BUILDING
OCCUPIED AS: AMBULANCE RE09STGE OFFICE
LOCATED AT : 3010 S. GROVE
FORT WORTHS TARRANT COUNTY9 TX 76104
COINSURANCE APPLICABLE 90%
REPLACEMENT COST COVERAGE APPLIES
AMOUNT OF INSURANCE $1509000
DEDUCTIBLE. OTHER DEDUCTIBLE CLAUSE
(LARGE) APPLICABLE $39000
PERILS INSURED AGAINST AND COVERAGE PROVIDED
FIRE AND LIGHTNING
- TERM RATE 0190
- ANNUAL NORMAL PREMIUM $2$5.00
- FIRE RECORD % .050
- ANNUAL ACTUAL PREMIUM $299600
EXTENDED COVERAGE'
TERM KATE. .o37
- ANNUAL PREMIUM $56600
VANDALISM AND MALICIOUS MISCHIEF
- TERM RATE . 00,9
- ANNUAL PREMIUM $14.00
SPECIAL EXTENDED COVERAGE
- TERM RATE . 034
- ANNUAL PREMIUM $51.00
---------------------------------------------------------------------------
TOTAL ANNUAL PREMIUM $420000
j ---------------------------------------------------------------------------
F01;!,? FIRE SCHEOULF T PRINCED IN U.S.A.
:, 7 t /A A : r,c: .7r fl r)fl, f11 0 n. 1
• FIRE SCHEDULE T
F I R E S C H E D U L E
UNPUiLISHED RATE ANALYSIS
BAS'I'S ROOF FLUE
TENANT EXPOSURE KEY RATE
TOTAL
FX PE:R 6 ANNUAL
PUBLISHED RATE ANALYSIS
GROSS EXPER %
TOTAL
COINS 1 ANNUAL
t
PRESCRIBED BY THE STATE BOARD OF INSURANCE
FORM FIRE" SCHEOULE T PRINTED IN U.S.A.
FORM NO. 135 MANDATORY NUCLEAR ENDORSEMENT
Effective
January 1,1959 (For attachment to all Texas Standard Policies)
I
Attached to and forming a part of Policy No...............................of the......................................................................Insurance Company of
i
i
........_........................................................................................I issued at its...........................................---............................................... Texas Agency.
DATED:............................................................ --.....................................-•---..................---..............-•----..........._........Agents.
NUCLEAR CLAUSE (Applicable to the perils of fire and lightning): The word "fire" in this policy or endorsements attached
thereto is not intended to and does not embrace nuclear reaction or nuclear radiation or radio active contamination, all whether
controlled or uncontrolled, and loss by nuclear reaction or nuclear radiation or radio active contamination is not intended to be and
is not insured against by this policy or said endorsements, whether such loss be direct or indirect, proximate or remote, or be in
whole or in part caused by, contributed to, or aggravated by "fire" or any other peril insured against by this policy or said endorse-
ments; however, subject to the foregoing and all provisions of this policy, direct loss by "fire" resulting from nuclear reaction or
nuclear radiation or radio active contamination is insured against by this policy.
NUCLEAR EXCLUSION CLAUSE (Applicable to all perils insured against under this policy except the perils of fire and
lightning which are otherwise provided for in the Nuclear Clause above):
Loss by nuclear reaction or nuclear radiation or radio active contamination, all whether controlled or uncontrolled, or due to any
act or condition incident to any of the foregoing, is not insured against by this policy, whether such loss be direct or indirect, proxi-
mate or remote, or be in whole or in part caused by, contributed to,or aggravated by any of the perils insured against by this policy;
and nuclear reaction or nuclear radiation or radio active contamination, all whether controlled or uncontrolled, is not "explosion"
or"smoke".
Prescribed by The State Board of Insurance.
FORM NO. 135—MANDATORY NUCLEAR ENDORSEMENT — January 1,1959.
i
FORM NO. 164 REPLACEMENT COST ENDORSEn1ENT—FORM NO. 1
Effective (Without Deduction for Depreciation)
October 1, 1982
Attached to and.forming part of Policy No...4,6...CE...F.N.063.0.... of the..............................................................................Insurance Company
Of................................................................................................... issued at its............................................---.........................---.............. Texas, Agency.
Dated................................................................................ ............................................................................................... Agents.
This Endorsement applies only to Item(s) No -1-&------ - - _ -- --
.......................................................................................................................................................................................................of this Policy.
1. In consideration of the premium of the Policy to which this endorsement is attached and subject to all the terms, conditions and
stipulations stated herein and in the Policy to which this Endorsement is attached,including riders and endorsements thereon,not in conflict
herewith, the insurance under this Policy applicable to property described under the item(s) indicated above is hereby extended to cover
such items) for their replacement cost without deduction for depreciation. The provisions of this Policy applicable only to such
item(s) are amended to substitute the term "replacement cost"for the term "actual cash value" wherever it appears in this Policy.
This Policy does not cover the following property on a replacement cost basis:
(a) Stock (raw, in process or finished) or merchandise, including materials and supplies in connection therewith;
(b) Property of others;
(c) Household furniture or residential contents;
(d) Books of account, abstracts, manuscripts, drawings, card index systems and other records (including film, tape, disc, drum, cell
and other magnetic recording or storage media);
(e) Paintings, etchings, pictures, tapestriest statuary, marbles, bronzes, antique furniture, rare books, antique silver, porcelains, rare
glassware and brie-a-brac or other articles of art, rarity or antiquity;or
(f) Carpeting, cloth awnings, window or wall air conditioning units, domestic appliances and outdoor equipment, all whether perma-
nently attached to the building structure or not.
2. Coinsurance Clause—It is a condition of this Policy, and the basis upon which the rate of premium is fixed, that the Insured shall
at all times maintain insurance on each item(s), the replacement cost of which is covered by this policy, of not less than NINETY per
cent (go %) of (a) the replacement cost (without deduction for depreciation) of that part of said property which is specifically described
as covered on a replacement cost basis and (b) the actual cash value of that part of said property which is covered on an actual cash
value basis at the time of.loss.
In the application of.this Coinsurance Clause, the replacement cost of foundations of buildings which are below the surface of the
lowest basement floor or, where there is no basement, which are below the surface of the ground, shall be disregarded.
This Coinsurance Clause supersedes and replaces the coinsurance clause, if any, otherwise applicable to such item(s).
8, This Company's liability for loss under this Policy, including this Endorsement, shall not exceed the smallest of the following
amounts (a), (b) or (c):
(a) The amount of this Policy;
(b) The replacement cost of item(s),or any part thereof, identical with item(s) described herein and insured hereunder for replace-
ment cost (without deduction for depreciation) on the same premises and intended for the same occupancy and use;
(c) The amount actually and necessarily expended in repairing or replacing the item(s) described herein and insured hereunder for
replacement cost (without deduction for depreciation),or any part thereof, on the same premises, and intended for the same occu-
pancy and use.
4. Insured's Election—The Insured may elect first to make claim under this Policy in accordance with its terms and conditions, dis-
regarding this Endorsement, except that the Coinsurance Clause contained herein shall apply to all claims under such item(s), and the
Insured may make further claim for any additional liability brought about by this Endorsement in accordance with its terms, conditions
and limitations.
6. This Company Shall Not Be Liable For—
(a) Any loss occasioned by the enforcement of any state or municipal law or ordinance regulating the construction or repair of
buildings, unless such liability has been specifically assumed under this Policy.
(b) Any loss under this Endorsement unless and until the damaged property is actually repaired or replaced on the same premises
with due diligence and dispatch, and, in any event, unless repair or replacement is completed within two (2) years after the
destruction or damage, or within such further time as the Company may during the two (2) years, in writing allow.
6. Apportionment Clause—This Company shall not be liable for a greater proportion of any loss than the amount of this Policy apply-
ing to the insured items) bears to the total insurance on such insured item(s), whether or not such other insurance covers in the same
manner and to the same extent as this Policy as extended by endorsement, and whether such other insurance is collectible or not.
7. If this Policy is divided into two (2) or more items, the foregoing apply separately to each item to which this Endorsement applies.
Prescribed by The State Board of Insurance
FORM NO. 164—REPLACEMENT COST ENDORS Ertl ENT—FORM NO. 1—Effective October 1,1982
kd
r
' Q
FORM NO. 31 MANDATORY CONSEQUENTIAL LOSS ENDORSEMENT
Effective (For attachment to a'II Texas Standard Policies)
June 1,1969
Attached to and forming part of Policy No....._ the.......................................................................Insurance Company
of_.............................................................................. issued at its--------------------...................................................................... Texas, Agency.
Dated........................................................................ ..........................................................................................................Agents.
This Company shall not be liable for loss directly or indirectly caused by or resulting from any utility failure including
but not limited to power, heating or cooling failures, unless such failure results from physical damage to power, heating
or cooling equipment situated on the premises where the property covered is located,caused by the perils)insured against.
Nothing in the above shall change or alter in any manner other applicable provisions of Riot and Civil Commotion or Vandalism and
Malicious Mischief insurance when provided wider this policy.
Prescribed by the State Board of Insurance
FORM NO. 31—MANDATORY CONSEQUENTIAL LOSS ENDORSEMENT—June 1. 1969
Z
FORM NO. 60 DEBRIS REMOVAL CLAUSE
Effective (For Other Than Reporting Form Policy)
SEPT. 15, 1953
Attached to and forming part of Policy No...........................
..._of the----_----------------------------------------------_----_--------Insurance Company
. .. ...........Texas,Agency.
issuedat its-------------------------------------------------------------
of_----------------------------------------------------------------------------------------
..................................I Agents.
Date-----_ _
--------- ------- ..
------------------------- this insurance covers expenses incurred in the removal of all debris of the property insured
It is a condition of this policy that s caused by any of the perils insured against in this policy. However, the total liability
hereunder which may be occasioned by los named therein, nor such proportion of such expense as the amount of insurance here-
under this policy shall not exceed the amount nair event shall this policy
under bears to the total amount of all insurance, whether such insurance includes this clause or not. In no
enforcement of any state or municipal law or ordinance which necessitates the demolition of
cover against loss occasioned by the this policy unless such
e insured building which has not suffered damage by any of the perils insured against in
any portion of the cy. Cost of removal of debris shall not bee in the determination of
liability is specifically assumed elsewhere in the poli
actual cash value when applying any Coinsurance, Av erage or Reduced Rate Contribution Clause attached to this policy.
-escribed by The State Board of Insurance.
6
FURAINO.70 X iNji)A'Wk0L bkkh 'il'vk; 11111i6 til�ILUtLbL'itil�l�l'1
Effective
May 1,1978
For attachment to all Texas Standard Policies, Texas Standard Farm Policies, Texas Standard Homeowners Policies, Texas Standard
Farm and Ranch Owners Policies, Texas Multi-Peril Policies, Commercial Property Policies and Merchant's Property Policies.
Attached to and forming part of Policy No. .......................................... of the.................................................................Insurance Company
of............................................................................ issued at its................................................................................................................. Texas, Agency.
Dated.................................................................................................... ................:............,..........................................................................,Agents
The time of inception and the time of expiration of this policy and of any schedule or endorsement attached shall be 12:01
A.M.standard time.
To the extent that coverage in this policy replaced coverage in other policies terminating noon standard time on the
inception date of this policy, coverage under this policy shall not become effective until such other coverage has
terminated.
Prescribed by the State Board of Insurance
Form No.70--Effective Time Endorsement—sv 1.1078
wt
II,I
II
f.
FORM NO. 65 LARGE DEDUCTIBLE LNDURSEMENT
Effective
October 1, 1981
Attached to and forming part of Policy No-AA... F„FN0630.of the..............................................................................Insurance Company
of....................................................._.......................................... issued at its.............................................................................................., Texas, Agency.
Dated.......................................................................... ............................................................................................................I Agents.
This deductible endorsement is applicable to:
PROPERTY DAMAGE COVERAGE ❑ TIME ELEMENT COVERAGE
(An x should be inserted in the applicable block to indicate the coverage to which this deductible applies or in both blocks if a deductible
is applicable to both coverages)
The Deductible Clause appearing in the form(s) attached to this policy is hereby deleted and the following substituted therefor:
1. Each claim for loss or damage (separately occurring) shall be adjusted separately and from each such adjusted claim the sum of
$...3.,.000....................... shall be deducted.
2. The deductible specified above shall apply separately to each:
13 Occurrence: The term "Occurrence" shall be held to mean a single incident or event.When,however,the term "Occurrence"shall
apply to loss or losses from windstorm if insured hereunder, it shall be held to mean a period of 48 consecutive hours.
❑ Location: The term "Location" insofar as such property is insured hereunder, shall bu held to mean:
(a) Each building, including contents thereof, to the extent they sure insured hereunder,or
;(b) A number of buildings including their contents, in a single group, and designated as a single location in this
policy, or
(c) Any other basis mutually agreed upon if specifically indicated hereunder.
................................................................................................................................................................................................................
................................................................................................................................................................................................................
In the case of a policy written to cover more than one location subject to a deductible such locations will be desig-
nated in the policy.
❑ Item: The term "Item" shall be held to mean the individual descriptions of the property insured and designated by the
terms "Item 1", "Item 2", etc. on the policy.
NOTE: It is a condition of this policy that in addition to the application of the deductible as stated in number 2 above, if this en-
dorsement is applicable to both property damage coverage and time element coverage, this deductible shall apply separately
to each coverage unless this deductible is on an Occurrence basis. If this deductible is on an Occurrence basis, only one de-
ductible shall apply to both property damage coverage and time element coverage.
3. It is a condition of this policy that the deductible amount specified shall be solely at the risk of the insured, and shall not be covered
under any other policy of insurance, except as provided in Paragraph 4.
4. Other insurance is permitted during the term of this policy, as follows:
(a) Insurance written upon the same property, perils, terms, conditions and provisions contained in this policy including this de-
ductible endorsement [$............................ other insurance at inception of this policy]; or
(b) Insurance specifically disclosed as follows, or by endorsement attached:
Amount or• Property Covered—Location Deductible
Limit of Liability
$................................... ....----................_..................................... ................................................................__........ $....................................
$................................... ..-----....................................................... ................................----...................................... $.................................--
If there is any other insurance (whether collectible or not) except as permitted above, the full deductible amount applicable under
this deductible endorsement shall apply to the amount of the loss apportioned to this policy and to such other insurance as permitted
above.
5. It is a condition of this policy that any coinsurance, contribution, average or distribution clause, which may be a part hereof, shall
apply to the full value of the property insured, without reduction for the amount of the deductible specified herein, and that such
deductible shall apply after any penalty has been assessed by the application of such coinsurance, contribution, average or distribu-
tion clause.
6. In the event of any recovery and/or salvage on a loss which has been or is being or is about to be paid hereunder, such recovery
and/or salvage shall accrue entirely to the benefit of this company under this policy until the sum paid by them has been made
up.
Prescribed by the State Board of Insurance.
FORM NO. 65—DEDUCTIBLE ENDORSEMENT—Effective October 1,1981
�. • tip ' . . .
F()ItM NO. 79-C VANDALISM AND*MALIICIOUS MISCHIEF ENDORSEMENT
Effective
November 15, 19 (For use only with Extended Coverage or ],plosion, Riot and Civil Commotion)
Attached to and forming; part of Policy No. 46 CF FN0630 of the Insurance Company
of ,issued at its , Texas Agency.
l hued Agents.
Name of Insured
Rate for Van. and Mal. Mis. End. _TNQL Expiration of Policy
'Phis endorsement applies to Item(s) No.(s) 1 & 2
Fill in the following four spaces only when this Endorsement is not attached to policy at the time the Policy is written.
Location of insured property Street 'Texas, File No..
Percentage Co-Insurance applicable to the Peril of Fire with Extended Coverage or the Peril of ENgalosion including; Riot and
Civil Commotion, as the case may be.
1. In consideration of $ TNCL premium, and subject to the provisions of this policy and this endorsement, the liability
of this Company hereunder for loss or damage resulting; from the peril of Riot and Civil C'onunoti(n is hereby extcndod to include
loss cloosect by darnag;e to or destruction of the property described by Vatruhclism and Malicious Mischief, including; direct structural
(1,1111:1g to to the building(s) covered hereunder resulting from burklary; provided, however. such dum,ag;e resulting; from burglary or at-
te,nnpted hurgla ry shall nut include, nor shall this company he liable for, the value or rephicenu•nt of anv property,-real ur personal,
including integral structural parts, permanent fixtures and/or conteius of.the insured'huilding(s) whiciu are wrongfully and utlaw-
fu11j' renwyed frorn the premises.,
._'. The term "Vandalism and ?!Malicious Mischief" as used herein is restricted to and includes only willful or malicious physical
injury to or destruction of the described property.
:g. When this endorsement is attached to a policy covering direct loss to the described property, this Company shall not he liable
under this endorsement for any loss:
(u) to glass (other than glass building blocks) constituting; a part of the building;;
(h) by explosion, rupture or bursting;of stearn boilers, steam pipes, steam turbine;, steam engines or flywheels, owned, operated
or controlled by the Insured or located in the building(s) described in this policy;
(c) from depreciation, delay, deterioration or loss of market, nor unless specifically endorsed hereon in writing; for any loss
resulting from charange in temperature or humidity; nor from any other eonsecguential or indirect loss of any kind.
A. When this endorsement is attcu•hed to a policy covering Business Inlrrruptiun, I:Ntru ENpenSe, AtIllitional Living ENpenSe, ROWS,
I.enschulcl interest, I'rofils and ('unuuissions, or ('nnsrctuenti;ul Loss, this ('nntgruny shall not lit, linl,le under this endorsement for ally
kiss due to damage to the (Iescribed property ah,vc such dvuanp. results fronn auny of the causes lisle,] in subdivisions (h) or (c) of
paragraph No. :1 above
5. This compauny shall not he liahlc for loss or damage resulting from the peril of Vandalism vul Malicious Mischief occurring
while thy descr•ihcd building; is yau•ant beyond a( period of thirty days, whether or not such period c•unmetu•ed prior to the inception
date of this endorse nletit.
If this policy he divided into two car more items, the provisions of this endorsenuvlt shall apply to each item separately.
Prescribed by the Slate Hoard of Insurance
Fonn No. 79-C, Vandalism and Malicious .Mischief Endorsement, Effective November 15, 1985
tl `jryk.
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FORM NO. 134 CANCELLATION AND/OR N ON-RENEWAL ENDORSEMENT—MANDATORY
Effective
August 1, 1980
ofthe..............................................................
Attached to and forming part of Policy No..................................................... ..,Texas,Agency.
issued at its.................
Agents
Dated......................................................................................ng to written notice o,f cancellation or non-renewal with respect t o t he rnort-
tnd -
It is understood , agreed that any provision relating in the policy and the company is not required to give written notice of
to the mortgagee specifically named gagee, applies only_ successor or assignee of the mortgagee specifically named in the policy.
cancellation,or non renewal to any Standard Homeowners Policies, Texas
rexas Standard Policies, Texas Standard Farm Policies, Texas Stan
This endorsement must be attached to all 'ands Multi-Peril Policies.
Standard Farm and Ranch Owners Policies an
Prescribed by the State Board of Insurance. ent—Mandatory Effective August 1,1980
Form No.134—Cancellation and/or Non-Renewal Endorsement
J F
F
d
Form No. 133 MULTI-PURPOSE
Effective MANDATORY ENDORSEMENT
November 15,1985
(For Use With the Texas Standard Policy, Texas
arn tandaRnnchnOwnrrsvP Policy, Texas Camnunrcial 1lultiPPeiril Policy" Tr.xns�Commercial Prof rh
Owners Policy, Texas Standard Combing
Policy, Texas Townhouse Policy and Electronic Equipment Protection Policy)
Insurance Company
Attached to and forming a part of Policy No.
of the
issued at its ., Texas Agency.
of ,Agents.
Date
A. NOTICE OF CANCELLATION—MORTGAGE CLAUSE: in the
It is hereby understood and d agreed ncelled ashe Notice interest Can any mortgagee as contained hereon bytgi�ng such mortgagee thirty days written notice."
B. NOTICE OF CANCELLATION—CANCELLATION PROVISION:
It is hereby understood and agreed that the Notice of Cancellation as contained in the Cancellation Provision of the above policies is amended
to provide the insured fourteen (14) days notice of cancellation.
C. ACTUAL CASH VALUE: (Applicable to those policies listed below). appearing
TEXAS STANDARD POLICY-It and stipulations toad and and the following wording ps rsubstitut d therefor:like kind and quality" app g
on page 1 of the policy p ,
"the property with material of like kind and quality, with proper deduction for depreciation." at the time
TEXAS COMMERCIAL MULTI-PERIL liquality"understood sr ns
of loss" and "the prop rtywi hmaterialof like kind and ppeari g on Declarations 1 of the policy provisions and stipulations is
deleted and the following wording is substituted therefor:
actual cash value of the property at the time of loss, ascertained with proper deduction for depreciation" and "the property with material
"
of like kind and quality, with proper deduction for depreciation." .ov,
TEXAS COMMERCIAL PROPERTY POLICY: It is understood and agreed that paragraph F., All Other Property—under the policy prisions,
page 3, VIII. Valuations, is deleted and the following paragraph is substituted therefor:
"All Other Property—The actual cash value of the property at the time any loss or damage occurs and the loss or damage shall be tained
exceed or estima`teeod would cost dn to such replace the same with material proper of like kind and pquality, with proper deduction dfor depreciation vent
agreed that property material d quality" appear;„g
TEXAS TOWNHOUSE POLICY: It is understood eted and the following wording is substituted therefor:
on Declarations policy stipulations
"the property with material of like kind and quality, with proper deduction for depreciation.”
All other terms and conditions of the policy to which this endorsement is attached remain unchanged.
Prescribed by the State Board of Insurance
Form No. 133—Multi-Purpose Mandatory Endorsement—Effective November 15,1985.
_
a s
SAO" ..
we
Inc
- RISK MANAGEMENT/IN SURANCE:_ :; _ Augus t~ 8; 19 86
_ H -
_.._ ,._. 7..,.
City of Fort Worth
_
City; Hall=Municipal Bldg ,q
c�wED
1000 Throckmorton -
Fort Worth, TX 76102
ATTN : City Secretary' s Office
Re : Medstar -
- Excess Auto Liability Policy
Dear Secretary:*
Enclosed for your records- is a copy of Medstar' s Excess
Auto Liability policy # 3XA 9 49 01 for one. year effective
May 30 , 1986 to April 1 , 1987 .
This policy provides $500 ,000 . Bodily Injury. and, Property
Damage liability limits over the primary limits of $500 , 000 .
with First National Insurance Company of America.
Should you have , auestions concerning the enclosed policy,
please feel free ' to call.
Sincerely,
Tina Hovi,s .
Account Supervisor
/enc1 : 1
I,
I
j
j
300 OIL&GAS BUILDING
FORT WORTH,TEXAS 76102
(817)336-3382
METRO 654-1081
TELEX:792887
EXCESS, AUTO LIA �ITY POLICY rd, -�, f1fl110f1flL� HU B ME
RehewelofNumber /I . IOSURAOC1 COQ PHY
HA DECLARATIONS PAGE OMAHA NEBRASKA
HA 9 49 . 01 (A Stock Insurance Company)
POLICY NUMBER ,
ITEM 1. Named Insured and Address (No.,Street;Town,County,State,Zip Code)
TM= T.iFE VM CO". DRA MEISM
33010 S..CCRD�t ; P.O. BOX�665,3`7!L�1 1[ TH1.304
F is ,i�VAJ.i�s ilfl�i14 i�.6L'i� � !f7Ja�7
ITEM 2. Policy Period From:VAT 30, 2-986 @3-.29 PH To: AVIM 1.s 1.98 at 12:01 AM Standard Time at your address shown.
ITEM 3. Place of Garaging:
(if different from above)
ITEM 4. It is your declaration that Primary Insurance below and with limits as shown in Item 5 below is in force and effect with respect to the autos described
below,as of the effective date of this policy.
Auto Description of Auto Primary Insurer's Primary Insurer's
No. (Including last 4 digits of Vehicle I.D.Number) Name Policy Number
1 FIRST NATIONAL INS. CO. CA7000133
2 SEE ATTACHED TX-03-72b-FLEET SCH'E3i3I.S OF A.IC -
3
It is a requirement of this policy that we be notified in the event of termination of any Primary Insurance..
ITEM 5. This insurance applies only for the coverage(s)and described autos (or their replacements)for which a premiurrl..charge is shown,and only for your
liability or loss resulting from the ownership,maintenance or use of such auto.Our limit of liability for each such coverage shall be only as shown
below and as stated in the"Insuring Agreement"in this policy,and shall be subject to the terms and conditions of this policy.
Company Primary Insurance Total Premiums
Coverage Limits Limits Limits Auto No.1 Auto No.2 Auto No.3
Bodily Injury (BI) Liability $ 000 each person $ 000 each person $ 000 each person$ $ $-
$ 000 each accident $ 000 each accident $ 000 each acc.
Property Damage (PD) Liability $ 000 each accident $ 000 each accident $ 000 each acc.
or
Combined Single Limit—
BI&PD Liability $ 500 000 each accident $ 500 000 each accident $1 t�}�♦1 000 each acc. -SEE TX 03-72b
Uninsured Motorists(UMM
Bodily Injury (BI) $ 000 each person $ 000 each person $ 000 each person
$ 000 each accident $ 000 each accident $ 000 each acc.
Property Damage (PD) $ 000 each accident $ 000 each accident $ 000 each acc.
or
Combined Single Limit
BI and PD—UMC $ 000 each accident $• 000 each accident $ 000 each acc.
Underinsured Motorists(UIMC
Bodily Injury (BI) $ 000 each person $ 000 each person $ 000 each person
$ 000 each accident $ 000 each accident $ 000 each acc.
Property Damage (PD) $ 000 each accident $ 000 each accident $ 000 each acc.
or
Combined Single Limit'
BI and PD—UIMC $ 000 each accident $ 000 each accident $ 000 each acc.
IENDORSEMENTS
TP�1)3-72b(6180);-M334ga(7182)-.F=98 (2 j j r ENDORSEMENT PREMIUM
1+-t7�1€�J7�i3;T Q6-33{7J2�ql� �� PREMIUM PER AUTO
i 1 TOTAL PREMIUM$ 42,500.00
Countersigned By .`, f ; :, l ' POLICY rM 50.00
(Authorized Representative) MTE TAX 1,635.18
At M ,188.18
6-24, 86 1J
FM-3276(7/83
s
_ > _I ,
TX-10-07. EMERG .'eCY VEHICLES—VOLUNTEER 6 EAAEN AND
VOLUNTEER WORKERS EXCLUDED
This endorsement forms a part of Policy No. _--_3� ------ issued to ---1111 UFMIN_CM°°__DBA NEDSTAR
by the _.. •— A QPTAL__FZB�__� D_�l1�2-9F_.__YI4S M.— ------------°-------- at its Agency
(Name of Insurance Company)
located (city and state) ----------"4.19 RA W-----------------------_----------------- and is effective from ___-___:°'30-'$6_ _
(12:01 A.M. Standard Time)
(The information above is required only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms a part of the policy to which attached, effective from its date of issue unless otherwise stated herein.
r1
This endorsement modifies such insurance as is afforded by the provisions of the policy relating
to the following:
COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE
BASIC AUTOMOBILE LIABILITY INSURANCE
AUTOMOBILE MEDICAL PAYMENTS INSURANCE
1.
. It is agreed that the insurance does not apply to bodily injury to any person who is a volunteer fireman of or who performs I.- :``'
1.services as a volunteer worker for an insured, which is sustained while such person is engaged in the operation or maintenance of the
automobile or which arises out of or in the course of his duties or other activities as a volunteer fireman or volunteer worker par-
ticipating in rescue squad or ambulance corps operations.
BY ----�----! ! 1 ' -'`-S_)_�__-------------
(Duly Authorized Representative)
a
FORM N_-10-07—EMERGENCY VEHICLES—VOLUNTEER FIREMEN AND VOLUNTEER WORKERS EXCLUDED
. I Texas Standard Automobile Endorsement
Prescribed October 1, 1974
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. TX-06-13. OFESSIONAL'SERVICES NOT CO` . �2E® i
This endorsement forms a part of Policy No. -- F.A A9Q1_---_____- issued to'_.__ -�--JU---� l".—CC�M�%---�� - T I—
i
tO , ------------------- at its Agency,
by the -
FIEF Sr 4 .3'. .Y:°S_,__CD. -
(Nome of Insurance Company) .
located (city and state) --------%% �'„mIItA?iY.�l-------
and is effective from ______ �!----------------
(.12:01 A.M. Standard Time) >
(The information above is required only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement forms a part of the policy to which attached, effective from its date of issue unless otherwise stated herein. .
r Y
".�9:�.�
This endorsement modifies such insurance as is afforded by the provisions of the policy relat-
ing to the following:
COMPREHENSIVE AUTOMOBILE LIABILITY INSURANCE
BASIC AUTOMOBILE LIABILITY INSURANCE
AUTOMOBILE MEDICAL PAYMENTS INSURANCE
Description of Automobile: SEX SO==
It is agreed that the insurance with respect to the automobile described herein or designated in the policy as subject to this endorsement
does not apply to:
(a) bodily injury resulting from the providing or the failure to provide any medical or other professional services, or
(b) bodily injury resulting from food or drink furnished with these services, or
(c) bodily injury or property damage resulting from the handling of corpses.
By—.....L5_5. (Duly
Authorized Representative)
FORM TX-06-13.—PROFESSIONAL SERVICES NOT COVERED
Texas Standard Automobile Endorsement
Prescribed July 1,1982
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'GENERAL CHANGE ENDORSEMEN >'
Additional Premium$ Return Premium$
It is agreed that as of the effective date hereof the policy is changed in the following particulars:
IN CONSIDERATION OF THE ?RFI`'iIIIM CURGED, IT IS HERESY UNDERSTOOD AND AGREED
THAT 'HIRED CAR & NON—OWNM COVERAGES ARE EXCLUDED FROM THIS POLICY.
All other terms,conditions and agreements of the policy shall remain unchanged.
D NATIONAL INDEMNITY COMPANY P � �r
Lj NATIONAL FIRE&MARINE INSURANCE COMPANY
❑ COLUMBIA INSURANCE COMPANY Endorsement Effective
❑ NATIONAL INDEMNITY COMPANY OF FLORIDA
❑ NATIONAL INDEMNITY COMPANY OF MINNESOTA 5-30-86
Named Insured Countersigned at Q= s KEBRASKA
TEXAS LIFELINE CORP. DEA MLDSTAR by
6-24^8611J (Authorized Representative),
(The Attaching Clause need be completed only when this endorsement is issued subsequent to preparation of the policy.)
Form M-61-1st Rev.
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NATIONAL FIRE & MARINE INSURANCE COMPANY FM-2984(2/81)
NOTICE OF'SERVI-CE OF SUIT
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
In the event you feel that we have failed to pay a claim according to the terms of the policy, you may start suit
against us. We will obey the order of any Court of competent jurisdiction within the United States and will comply
with all requirements necessary to give the Court jurisdiction, and all such matters shall be determined according
to the law and practice of the Court.
In any suit brought against us concerning your policy, we will abide by the final decision of the Court, including
any Appellate Court in the event of an appeal.
Service of Suit may be made upon Roland Miller, President, National Fire & Marine Insurance Company, 3024
Harnby Street, Omaha, Nebraska, 68131. He is authorized and directed to accept Service of Suit on our behalf
and/or provide written notice that we will appear in Court if suit is instituted.
If required by your state statutes, we hereby designate the Commissioner of Insurance, or any other officer specified
by the statute, or his successors in office, as our true and lawful attorney for Service of Suit instituted by you, or
on your behalf, or on behalf, of your beneficiary, in regard to your policy, and designate that such process, should be
mailed to Roland Miller, President, at the Company Home.Office address.
All other terms, conditions and agreements remain unchanged.
NATIONAL FIRE&MARINE INSURANCE COMPANY Policy Number
3XA94901
Named Insured Endorsement Effective
TEXAS LIFELINE CORP. DBA MEDSTAR 5-30-86
Countersi ed by 0 NEBRASKA
(Authorized Representative)
6-24-86/lj
FM-2984(2/81)
• TX-03-72b. FLEET SCHE®P'
Comprehensive Automobile Liability Insurance
Basic Automobile Liability Insurance
Named Insured TEXAS LIFELINE CORP. DBA MEDSTAR
Policy No. 3XA94901
Description of the Automobiles, Location, Endorsements Applicable and Premiums
PREMIUMS
Use*
Year Model,Trade Name,Model, Identification (S-R-C) Auto.
(a) No. Body type Number or(P&B) B.I. Medical P.I.P.
Pay.
Endorsements ments
Applicable
U.Mi
In- tGVWIGCW; Rating U.I.M.
sured's `•Location where Automobile Public Auto Classification P.D. Cover. Total
(b) Car will be principally garaged seat,cap, and Symbol age
No.
(a) 1. 1986 FORD HORTON 401 AMB. #9816 C 1358 - -
(b) T. WORTH TEXAS 513 815 - 2
(a) 2. 1986 FORD HORTON 401 AMB. X62352 C 1358 -
(b) FT. WORTH TEXAS 7913 819 , -
(a) 3. 1986 FORD HORTON 401 AMB X69819 C 1358 - -
(b) T. WORTH TEXAS 7913 815 2171.-
(a) 4. 1986 FORD HORTON 401 AMB 762353 C 1358 - -
(b) T. WORTH TEXAS - 2173-
(a) 5. 1986 FORD HORTON 401 AMB 2 - -
(b) FT. WORTH TEXAS
(a) 6• 1986 FORD HORTON 401 AND #9815 - -
(b) FT. WORTH TEXAS 7913 R19 - 2173.
(a) 7. 1986 FORD HORTON 401 A4B #9826 - -
(b) FT. WORTH, TEXAS 7913 815. - 2173.
(a) 8. L986 FORD HORTON 401 AMB #9818 C 1358 - -
(b) FT. WORTH TEXAS 7913 -
(a) 9. L986 FORD HORTON 401 AIM ;69828 C 1 8 - -
(b) FT. WORTH, TEXAS 7913 815, -
(a) 10. L986 FORD HORTON 401 AMB X69817 C .1358 - -
(b) FT. WORTH TEXAS 7913 815, -
(a) 11. L986 FORD HORTON 401 AMB #9827 C 1158 - -
(b) FT. WORTH, TEXAS 7913 815. - 2173.
(o) 12. L986 FORD HORTON 401 AMB #9825 C 1358. - -
(b) FT. WORTH, TEXAS 7913 815. - 2173.
(a) 13. L976. FORD HORTON 401 AMB X69829 C 1358. - -
A(b) T. WORTH, TEXAS 7913 815. - 2173.
986 .FORD HORTON 401 AMB #2341 C 1358. -
T. WORTH, TEXAS 7913. 815. - 21 986 FORD HORTON 401 AMB #2354 C 1358. -
T. WORTH TEXAS 7913 2173 --
(a) 16. 986 FORD HORTON 401 AMB X68572 C 1358, - -
(b) T. WORTH TEXAS 7913. 815, -
(a) 17. L984 LINCOLN CONTINENTAL 663585 B 118, - -
(b) T. WORTH TEXAS CLASS 3 146.1 -
(a) 18. 986 FORD TAURUS S.W. #5449 B 118. - -
(b) t,986. WORTH, TEXAS CLASS 3 146. - 264.
(0) 19. FORD TAURUS SEDAN X68764 B 118 - -
(b) T. WORTH TEXAS I CLASS 3 146. - 264.
*P&B = Pleasure and Business;S = Service;R = Retail;C = Commercial. tUse GCW for truck-tractors.
**Absence of an entry means the address shown on the Declarations.
***Uninsured/Underinsured Motorists Coverage.
Limits of Liability for Bodily Injury Liability, Property Damage Liability,,Automobile Medical Payments, Uninsured/Under-
insured Motorists Coverage and Personal Injury Protection Coverage shown on the Declarations, applicable Coverage Part
or endorsement.
FORM TX-03-72b.- FLEET SCHEDULE
Texas Standard Automobile Endorsement
Revised June t, 1980
TX-03-72b. FLEET SCHEDU'7
• Comprehensive Automobile Liability Insurance
Basic Automobile Liability Insurance
Named Insured TEXAS LIFELINE CORD. DBA MEDSTAR
Policy No. -3XA94901
Description of the Automobiles, Location, Endorsements Applicoble and Premiums
PREMIUMS
Use'
Entry Year Model,Trade Name,Model, Identification (S-R-C) Auto.
(a) No. Body type Number or(P&B) B.1. Medial P.I.P.
Endorsements ments
Applicable
U.MJ
In- tGVWIGCW; Rating U.I.M.
sured's "Location where Automobile Public Auto classification P. D. Co•ea Total
(b) Car will be principally garaged seat,cap, and Symbol age
He. ...
(a) 20. 1986 AREOSTAR PASS. VAN #0653 C 258. — —
(b) FT. WORTH TEXAS 7913 163. — 421.
ta) 21. 1986 AREOSTAR VAN #8227 C 1358. — —
;b) FT. WORTH TEXAS 7913 815. — 2173.
(a) 22. 1986 AREOSTAR VAN X69451 C 1358. — —
(b) FT. WORTH TEXAS 7913 815. — 2173.
(a) 23. 1986 AREOSTAR VAN X65121 C 1358. — —
(b) FT. WORTH TEXAS 7913 815 . — 2173.
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(a)
(b)
(o)
(b)
*P&B = Pleasure and Business;S = Service;R = Retail;C = Commercial. tUse GCW for truck-tractors.
**Absence of an entry means the address shown on the Declarations.
'Uninsured/Underinsured Motorists Coverage.
Limits of Liability for Bodily Injury Liability, Property Damage Liability, Automobile Medical Payments, Uninsured/Under-
insured Motorists Coverage and Personal Injury Protection Coverage shown on the Declarations, applicable Coverage Part
or endorsement.
FORM TX-03-72b.— FLEET SCHEDULE
Texas Standard Automobile Endorsement
Revised June 1, 1980
' NOTICE ^'} M-3349a (7/82)
F,egardina Uninsured Motorists Coverage`
(for.use with Excess Liability Policies.)
Provided that you have purchased Uninsured Motorists Coverage with your Primary Policy, at limits equal to that pol-
icy's Bodily Injury and Property Damage. Liability Coverage Limits, you may purchase such coverage with your
Excess Liability Policy. The combined Primary and Excess limits for such coverage may not exceed the combined
Bodily Injury and Property Damage Liability Coverage Limits for the Primary and Excess Policies.
To be certain that this policy is issued correctly, please indicate your choice ("x" indicates your choice), then sign
and date this form as your acknowledgment of your choice.
O ADDITIONAL LIMITS PURCHASE OPTION. I have had this coverage fully explained to me and 1 wish to pur-
chase Uninsured Motorists Coverage at the following limits (Combined total of Primary and Excess limits may
not exceed "Total Limits"):
Q
Primary Limits Excess Limits Total Limits
$ per person $ per person $ per person
$ per accident $ per accident $ per accident
Bodily Injury Uninsured Motorists Coverage;
AND
$ per accident $ per accident $ per accident
Property Damage Uninsured Motorists Coverage;
OR, FOR SINGLE LIMIT POLICIES:
$ per accident $ per accident $ per accident
Combined Single limit Bodily Injury and Property Damage Uninsured Motorists Coverage.
IM COVERAGE REJECTION. I have had this coverage fully explained to me and I do not wish to purchase Unin-
sured Motorists Coverage with this policy. I understand that by selecting this option I waive any and all protection
afforded by the State Statutes in this regard.
I have indicated my choice above ("X" indicates my choice):
t
X
Date Signed Signature of Named Insured (Representing all Insureds)
(This election will be carried forward on all future policies until you advise us otherwise, in writing.)
I
M-3M%(7/82) 6-24-86/1j
TEXAS
A E N
. BANK
FORT WORTH Ha
March 10, 1986
Mr. William N. Garrison
Interim Chairman
Fort Worth Ambulance Authority
1000 Throckmorton
Fort Worth, Texas 76102
Dear Mr. Garrison:
Please be advised that by that certain Assignment of Proceeds of
Contract dated March 10, 1986, Texas Lifeline Corporation ("Assignor")
has assigned to Texas American Bank/Fort Worth, N.A. all moneys due
or. to become due under that certain contract for the provision of
ambulance services (City Secretary Contract #14885) dated February 25,
1986 (the "Contract"), among the City of Fort Worth (the "City") , Fort
Worth Ambulance Authority (the "Authority") , and Assignor, together
with all payments due under the Contract. A copy of the Assignment is
attached to this letter. Under the terms of the Assignment, all Contract
payments are to be made directly to Texas American Bank/Fort Worth, N.A.
In addition, the Contract may not be amended, modified, terminated, or
assigned without the prior written notice to Texas American Bank/Fort
Worth, N.A.
a Please acknowledge the following as of the date of this letter on behalf
of the Authority by signing the acknowledgement line at the bottom of this
letter and returning the original of this letter to the undersigned:
1. The Contract is in full force and effect.
2. All Contract payments will be made directly to Texas American
Bank/Fort Worth, N.A. by check payable to Texas American
Bank/Fort Worth, N.A. and delivered to the attention of the
undersigned.
3. No default exists on the part of Assignor in the performance
of its obligations under the Contract.
4. The Authority's obligation to make payments under the Contract is
unconditional and without any right of setoff, defense or
counterclaim except as provided in the- Contract.
5. Texas American Bank/Fort Worth, N.A. as assignee will enjoy
all of Assignor's rights and privileges under the Contract,
but will not be chargeable with or otherwise responsible for
any of Assignor's obligations or liabilities under the Contract.
P.O.Box 2050
Fort Worth,Texas 76113
(817)33R-8011
Mr. William N. Garrison
March 10, 1986
Page Two
6. The Authority will send copies of all notices which are required to be
sent to Assignor under the Contract to Texas American Bank/Fort
Worth, N.A. at the same time as such notices are sent to Assignor.
7. The Authority will not permit the Contract or any of its provisions to
be amended, modified, terminated, or waived without prior written
notice to Texas American Bank/Fort Worth, N.A.
8. The Authority consents to the assignment to Texas American Bank/Fort
Worth, N.A. of the funds due or to become due under the Contract:
This letter is executed by the Authority for the purpose of inducing Texas
American Bank/Fort Worth, N.A. to make a loan to Assignor.
Thank you for your cooperation in this matter.
Very truly yours,
TEXAS AMERICAN BANK/FORT WORTH, N.A.
By: «� �... �/• �
Stephen A. Sanak
e Assistant Vice President
AGREED TO AND ACCEPTED:
FORT WORTH AMBU CE AUTHORITY
By
William N. Garkison
Interim Chairman
Date: March 10, 1986
TEXAS
AMEMCAN
BAN[
FORT WORTH Ka
March 10, 1986
Mr. Douglas Harman, City.Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Dear Mr. Harman:
Please be advised that by that certain Assignment of Proceeds of
Contract dated March 10, 1986, Texas Lifeline Corporation ("Assignor".)
T
has assigned to Texas American Bank/Fort Worth, N.A. all moneys due
or to become due under that certain contract for the provision of
ambulance services (City Secretary Contract #14885) dated February 25,
1986 (.the "Contract"), among the City of Fort Worth (the "City"), Fort
Worth Ambulance Authority (the "Authority"), and Assignor, together
with all.payments due under the Contract. A copy of the Assignment is
attached to this letter. Under the terms of the Assignment, all Contract
payments are to be made directly to Texas American Bank/Fort Worth, N.A.
In addition, the Contract may not be amended, modified, terminated, or
assigned without the prior written notice to Texas American Bank/Fort
Worth, N.A.
s Please acknowledge the following as of the date of this letter on behalf
of the City by signing the acknowledgement line at the bottom of this
letter and returning the original of this letter to the undersigned:
1. The Contract is in full force and effect.
2. All Contract payments will be made directly to Texas American
Bank/Fort Worth, N.A. by check payable to Texas American
Bank/Fort Worth, N.A. and delivered to the attention of the
undersigned.
3. No default exists on the part of Assignor in the performance
of its obligations under the Contract.
4. The City's obligation to make payments under the Contract is
unconditional and without any right of setoff, defense or
counterclaim except as provided in the Contract.
5. Texas American Bank/Fort Worth, N.A. as assignee will enjoy
all of Assignor's rights and privileges under the Contract,
but will not be chargeable with or otherwise responsible for
any of Assignor' s obligations or liabilities under the Contract.
P.O.Box 2050
Fort Worth,Texas 76113
(817)338-8011
Mr. Douglas Harman, City Manager
March 10, 1986
Page Two
6. The City will send copies of all notices which are required to be
sent to Assignor under the Contract to Texas American Bank/Fort
Worth, N.A. at the same time as such notices are sent to Assignor.
7. The City will not permit the Contract or any of its provisions to
be amended, modified, terminated, or waived without prior written
notice to Texas American Bank/Fort Worth, N.A.
8. The City consents to the assignment to Texas American Bank/Fort
Worth, N.A. of the funds due or to become due under the Contract.
This letter is executed by the City for the purpose of inducing Texas
American Bank/Fort Worth, N.A. to make a loan to Assignor.
Thank you for your cooperation in this matter.
Very truly yours,
TEXAS AMERICAN BANK/FORT WORTH, N.A.
i
By:
Stephen A. Sanak
Assistant Vice President
AGREED TO AND ACCEPTED:
CITY OF FORT WORTH
BY:
Dou s Harman
City Manager
Date: March 10, 1986
TEXAS
ne
AMERJCAN
ANN
FORT WORTH Ka
February 28., 1986
Mr. Richard Newhouse
City Manager's Office
Municipal Building
1000 Throckmorton
Fort Worth, Texas 76102
Re: Assignment of Lease Confirmation Letter
Dear Richard:
Please have Mr. Garrison execute the original of the
enclosed letter and return it to my attention.
Thank you for your assistance.
Sincerely yours,
Stephen A. Sanak
Assistant Vice President
SAS:jw
Enclosure
P.O.Box 2050
Fort Worth,Texas 76113
(817)338-8011
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TEXAS
AMEMCAN
BANK
FORT WORTH Kn.
February 27, 1986
Mr. William N. Garrison
Interim Chairman
Fort Worth Ambulance Authority
1000 Throckmorton
Fort Worth, Texas 76102
Dear Mr. Garrison:
Please be advised that by that certain Assignment of Lease dated
February 28, 1986 (the "Assignment") , Mercy, Inc. has assigned
to Texas American Bank/Fort Worth, N.A. that certain Master
Equipment and Vehicle Lease Agreement dated February 25,
1986 (the "Lease") , between Mercy, Inc. as lessor and Fort
Worth Ambulance Authority as lessee, together with all rental
payments due under the Lease. A copy of the Assignment is
attached to this -letter. Under the terms of the Assignment,
all Lease payments are to be made directly to Texas American
Bank/Fort Worth, N.A. In addition, the terms and provisions
of the Lease are not to be changed without the prior written
consent of Texas American Bank/Fort Worth, N.A.
Please acknowledge the following on behalf of Fort Worth
Ambulance Authority by signing the acknowledgment line at
the bottom of this letter and returning the original of this
letter to the undersigned:
1. The Lease is in full force and effect.
2. All future rental payments will be made directly
to Texas American Bank/Fort Worth, N.A. by check
payable to Texas American Bank/Fort Worth, N.A.
and delivered to the attention of the undersigned.
3. No default exists on the part of the lessor in the
performance of its obligations under the Lease.
4. Fort Worth Ambulance Authority's obligation to make
payments under the Lease is unconditional and without
any right or setoff, defense or counterclaim.
5. Texas American Bank/Fort Worth, .N.A.', as assignee,
shall enjoy all of the lessor's rights and privileges
under the Lease, but shall not be chargeable with
any obligations or liabilities under the Lease.
P.O.Box 2050
Fort Worth,Texas 76113
(817) 338-8011
Mr. William N. Garrison -2- February 27, 1986
6. Fort Worth Ambulance Authority shall send copies
of all notices which are required to be sent to the
lessor under the Lease to Texas American Bank/Fort
Worth, N.A. at the same time as such notices are
sent to the lessor.
7. All goods covered by the Lease have been delivered
to the location set forth in the Lease or have been
inspected by Fort Worth Ambulance Authority, found
to be in good working order and accepted as goods
under the lease.
8. Fort Worth Ambulance Authority will not permit the
Lease or any of its provisions to' be amended or
waived without the prior written consent of Texas
American Bank/Fort Worth, N.A.
This letter is executed by Fort Worth Ambulance Authority
for the purpose of inducing Texas American Bank/Fort Worth,
N.A. to extend credit to Mercy, Inc.
Thank you for your cooperation in this matter.
Very truly yours,
TEXAS AMERICAN BANK/FORT WORTH, N.A.
BY: ��fe�y�'�' �M ✓
Step en A. Sanak
Assistant Vice President
AGREED TO AND ACCEPTED:
FORT WORT AMBULANCE AUTHORITY A PP R A V E D AS To F O R rr7
` Dsv,a t. YE-rT
William N. arrison Asst. C41 A+tornei
Interim Ch irman
Date: February 28, 1986
Attachment
ASSIGNMENT OF PROCEEDS OF CONTRACT
This Assignment of Proceeds of Contract (this "Assignment") is made
to be effective for all purposes as of March 10, 1986, by TEXAS LIFELINE CORPORATION,
a Texas corporation ("Assignor"), to TEXAS AMERICAN BANK/FORT WORTH, N.A., a
national banking association ("Bank"), as follows:
W I T N E S S E T H
WHEREAS, by that certain contract for the provision of ambulance services
(City Secretary Contract #14885) dated February 25, 1986 (the "Contract"), among
the City of Fort Worth (the "City"), Fott Worth Ambulance Authority (the "Authority"),
and Assignor, Assignor has agreed to supply certain goods and to perform certain
services in consideration for payment by the City and/or the Authority to Assignor
of certain compensation described in the Contract and for the granting of certain
rights described in the Contract; and
WHEREAS, Assignor has applied to Bank for a loan in the principal amount
of $750,000.00 (the "Loan"); and
WHEREAS, as a condition to making the Loan, Bank has required Assignor
to secure the Loan by assigning to Bank the proceeds of the Contract and all
of Assignor's benefits under the Contract; and
WHEREAS, recognizing that but for this Assignment, Bank will not make
the Loan to Assignor, Assignor desires to assign to Bank the proceeds of the
Contract and all of Assignor's benefits under the Contract as herein provided.
NOW, THEREFORE, in order to induce Bank to make the Loan to Assignor
and for a valuable consideration to Assignor in hand paid by Bank, the receipt
and sufficiency of which are hereby acknowledged, and as security for the payment
of any and all indebtedness and liabilities of all kinds of Assignor to Bank
including, without limitation, the Loan (whether created directly or acquired
by Bank indirectly by assignment or otherwise, and whether now existing or hereafter
arising, absolute or contingent, joint and/or several, due or to become due,
primary or secondary, and all renewals and extensions thereof) (hereafter referred
to as the "Obligations"), Assignor does hereby assign, transfer and set over
to Bank any and all moneys due or to become due and payable under the Contract
and all renewals and extensions thereof, and all supplements, addendums, and
additions thereto, and all benefits accruing and to accrue to Assignor under
the Contract.
This Assignment is made on the following terms, conditions, and covenants.
1. Assignor agrees (a) that Assignor will not, without the prior written
notice to Bank, agree to or consent to or permit any amendment, modification,
termination, or assignment of the Contract, (b) that Assignor will keep and
perform all the obligations to be performed on the part of Assignor under the
Contract and will save Bank harmless from any failure so to do, (c) that all
control and dominion over the moneys and other benefits accuring and to accrue
to Assignor under the Contract are hereby transferred to Bank, except as Bank
may in writing specifically authorize Assignor to act., with respect thereto,
and (d) that if Bank shall at any time notify the Cfty or the Authority of this
Assignment, the City and the Authority shall each thereafter be, and each hereby
is, required to hold the Contract subject to Bank's right to receive the moneys
and other benefits accruing and to accrue under the Contract.
2. Assignor authorizes and directs the Authority and the City to make all
payments due under the Contract and any and all amendments and supplements thereto
directly to Bank by checks or other orders payable to the order of Bank.
3. Assignor does hereby irrevocably constitute and appoint Bank its true
and lawful attorney with full power of substitution for it and in its name,
place and stead, to ask, demand, collect, receive, receipt for, sue for, compound
and give acquittance for any and all moneys herein transferred and assigned,
with full power to settle, adjust or compromise any claim as fully as Assignor
could itself do, and to endorse the name of Assignor on all commercial paper
given in payment, or in part payment thereof, and in its discretion, to file
any claim or take any other action or proceeding, either in its own name or
in the name of Assignor, or otherwise, which Bank may deem necessary or appropriate
to collect any such moneys, or which may be necessary or appropriate to protect
and preserve the right, title and interests of Bank in and to such moneys and
the security intended to be afforded hereby. It is, however, expressly understood
and agreed that Bank shall not be required to exercise diligence in the collection
of any moneys so transferred and assigned and that Bank shall not be liable
for any loss occasioned by its failure to sue or take other action to effect
collection of such moneys or to enforce rights or remedies created under the
Contract to secure the payment thereof.
4. Assignor covenants that it will, upon request of Bank, execute and deliver
to Bank such other and further instruments and do and perform such other acts
and things as Bank may deem necessary or appropriate to more effectively vest
in and secure to Bank the moneys and other rights herein transferred and assigned.
Assignor agrees to promptly notify Bank of any act, event or condition which
constitutes a breach of the Contract or which gives rise to an option in favor
of Assignor or which requires its consent or approval, and Assignor further
agrees that it will not, without the prior written notice to Bank, accept collections
of the moneys herein assigned, modify or in any manner change the terms of the
Contract, or authorize the City or the Authority to assign the Contract or any
rights thereunder.
5. Assignor further agrees that if any payment should be made to it under
or pursuant to the Contract, Assignor will hold the same in trust for Bank without
commingling same with other property and will forthwith endorse, transfer and
deliver to Bank any and all commercial paper so received, and will forthwith
deliver to Bank any cash so received.
6. All money received by Bank under this Assignment may be applied by it
immediately upon the Obligations secured hereby, whether the Obligations be
then due or not, or such money or any part thereof may, at Bank's option, be
placed by Bank in a special account not subject to check or withdrawal by Assignor
but rather to be held in such account and applied by Bank at such time as it
may see fit upon the Obligations.
7. Assignor represents and warrants to Bank that the Contract is genuine,
valid and subsisting and in all respects what it purports to be; that the Contract
is in full force and effect and is enforceable against the City and the Authority
and shall at all times be free from setoff, counterclaim or defense of any nature;
that Assignor has good right to make this Assignment and has not heretofore
alienated, assigned or otherwise disposed of the Contract, or any part thereof,
or of any of the moneys due or to become due thereunder; that neither Assignor
nor the City nor the Authority is in default under the terms of the Contract;
that Assignor is the lawful owner of all rights under the Contract, that Assignor
will warrant and defend the Contract against the claims and demands of all persons;
and that the Contract contains no provision forbidding an assignment of the
Contract or of any amounts payable thereunder which have not been waived in
writing by the City and the Authority.
8. Should Assignor violate any of the provisions of this Assignment or should
any of the statements, representations, or warranties.herein made be untrue
or should a Default occur under that certain Loan Agreement of even date herewith
(the "Agreement") between Assignor and Bank, then in any such event Bank may
at its option and without notice or demand (Assignor hereby expressly waiving
all notices, demands for payment, presentations for payment, notices of intention
to accelerate maturity, notices of actual acceleration of maturity, protests,
and notices of protests) immediately declare all of the Obligations to be immediately
due and payable.
9. It is expressly understood and agreed that Bank does not by this Assignment
assume any of the duties and obligations imposed upon Assignor by the Contract
and that Bank shall never be obligated to perform any of such duties and obligations
and shall never be liable to the Authority or the City or any other person or
entity for Assignor's performance or failure to perform any of such duties
and obligations or for any other breach of the Contract by Assignor. Bank shall
not be liable for any loss sustained by Assignor resulting from Bank's failure
to enforce the Contract after default or from any other act or omission of Bank.
Assignor shall, and does hereby agree to, indemnify Bank for, and to hold Bank
harmless from, any and all liability, loss or damage which may or might be incurred
under the Contract or under or by reason of this Assignment and from any and
-2-
.4
all claims and demands whatsoever which may be asserted against Bank by reason
of any alleged obligations or undertakings on its part to perform or discharge
any of the terms, covenants or agreements contained in the Contract. Should
Bank incur any such liability under the Contract or under or by reason of this
Assignment or in defense of any such claims or demands, the amount thereof,
including costs, expenses and reasonable attorneys' fees shall be secured hereby
and Assignor shall reimburse Bank therefor immediately upon demand, and upon
the failure of Assignor to do so Bank may, at its option, declare all sums secured
hereby immediately due and payable.
10. Bank may take or release other security for the payment of the Obligations,
may release any party primarily or secondarily liable therefor and may apply
any other security held by it to the satisfaction of the Obligations without
prejudice to any of its rights under this Assignment.
11. Nothing contained in this Assignment and no act done or omitted by Bank
pursuant to the powers and rights granted it hereunder shall be deemned to be
a waiver by Bank of its rights and remedies under any documents evidencing or
securing the Loan.
12. This Assignment, together with the covenants and warranties herein contained,
shall inure to the benefit of Bank, its successors and. assigns, and shall be
binding upon Assignor, its successors and assigns.
13. This Assignment is irrevocable and shall remain in full force and effect
until its release in writing by Bank.
EXECUTED to be effective as of the date first above written.
TEXAS LIFE INE CORPORATION
BY:
Thomas W. Morgan, Pres* en
BY-
dlen. R. Roberts, Secretary
The City of Fort Worth and Fort Worth*Ambulance Authority hereby expressly
consent to the assignment to Texas American Bank/Fort Worth, N.A. of the funds
due or to became due under the Contract.
CITY OF FORT WORTH
APPROV i AS TO FORM AND LEGALITY; By:
Name: ou 4,J
Title: Qrtq ftioA(.ta
i�..e City Attorney
Date:
FORTT Lum ORITY
WO MAN Boa
Title:FLvAh c44 ,Lmh,)
Date:
-3-
FORM NO. 222 SPECIAL EXTENDED COVERAGE ENDORSEMENT
Effective
June 1, 1965 (Stocks of Merchandise, Farm Property, Dwellings and Individually Owned household
Goods in Private Living Quarters Are Not Eligible for Coverage under this Endorse-
ment.)
THIS ENI)ORSEATFNT MAY 111; ATTACHFD TO A POLICY ONLY WHEN FIRE, EXTENDED COVERAGE
AN]') VANI)ALTSM ANT) MALICIOUS MISCHIEF ARE ALSO COVERED BY THE POLICY.
Attached to and forming part of Policy No.4.6.....U..FNQ.6aQ.of the............................................................................Insurance Company
of........... ....................................................................I......... issued at it.s...................................................................................... Texas, Agency.
Dated.................................................... ............... ....... ...............................................................................I......... Agents.
(This I;rrdorsement applies only to Item(s) No(s).......a,...&...2................................... .........................................................of this Policy.)
SECTION I
COVERAGE
In consideration of $...INCL„,,,,,,,,,,,,,,,,,,,,,,,,Premium for this coverngp, and suh,icet to provisinns herein and in the policy to which
this endorsenrnt is :iltached inviurling endorsvinent:: thereon, THIS i3Oi,IcY 1S 1•:XTIsNDL.D TO INSURE AGAINST ALL OTIIER
RISKS OF DIRL•'CT 11111'SICAL LOSS, EXCEPT AS HEREINAFTER PKOVIDED.
SECTION II
DEDUCTIBLES
A. OTHER PERILS DEDUCTIBLE
The sum of $256 shall be deducted from the amount of loss to property covered hereunder resulting from any peril other than
(1) windstorm, hurricane or hail (see paragraph 11.8); or (2) fire, lightning, aircraft, vehicles, smoke, explosion, riot or civil com-
motion, vandalism or malicious mischief.
I'liis deductible s11a11 apply to each loss by any one occurrence (any incident or event); however, if the policy to which this
endorsoriwnt is attached covers two or more items at one or more locutions, this deductible shall apply to each item separately.
13. NVINDS'101W, HURRICANE OR IIATL DEDUCTIBLE
The sum of $......................................shall be deducted from the amount of loss to property covered hereunder resulting from each
windstornr, hurricane or ]fail. The deductible shall apply separately to each building or structure.
This deductible shall not apply to loss or damage to contents however insured.
Should a loss occur which by the terms of this policy is subject to more than one deductible, only one (the larger if of different
amounts) ~hall apply.
ibese Deductibles shall not apply to insurance covering Business Interruption, Tuition Fees, Extra Expense, Additional Living
Expense, Kent or Itental Value or Leasehold Interest.
SECTION III
EXCLUSIONS
This Policy does not Insure Against Loss—
A. lty WV:11' and 1c:rr, deterioration, rust or corrosion, mould, wet or dry rot; inherent or latent defect; smog; smoke, vapor
or gas from a};ricultrn•ul or industrial operation; mechanical breakdown, including rupture or bursting caused by centrifugal force;
sett.lint;, cracking, shrinkage, bulging or expansion of pavements, foundations, walls, floors, roofs or ceilings, curbs, fences, retain-
ing walls or swinuning pools; animals, birds, vermin, termites or other insects; unless such loss results from a peril not excluded in
this policy. If loss by a peril not excluded in this policy ensues, then this Company shall be liable for only such ensuing loss.
it. Caused by or resulting from earthrlualce, volcanic eruption, landslide or any other earth movement; unless loss by fire or
explosion not excluded in this policy ensues, and then this Company shall be liable for only such ensuing loss.
C. Caused by or resulting from any of the following-
4_4 W> —
City of `Fort Worth Texas
�
Mayor and Council Communication
DATE REFERENCE SUBJECT: Award of Contract for Ambulance I PAGE
12/17/85 NUMBER
C-9412 Services I 3
i of
Recommendation
It is recommended that the City Council authorize the City Manager and the inte-
rim chairman of the Fort Worth Ambulance Authority to execute a contract for the
provision of ambulance services in accordance with the provisions of the attached
proposed contract with Texas Lifeline Corporation, a subsidiary corporation whol-
ly owned by Med-Trans d/b/a Hartson Ambulance Service and Mercy Ambulance, Inc.
Discussion
On July 23, 1985 (M&C C-9153) , the City Council voted not to renew the current
ambulance contract beyond its scheduled expiration date of March 31, 1986 and
authorized the City Manager to proceed with the necessary steps to competitively
select a new contractor. The City Council Emergency Medical Services Committee
was authorized to oversee the procurement process.
The City Council also authorized the City Manager to enter into a contract with
a consultant, The Fourth Party, Inc. , to manage the procurement process. The
consultant recommended, and the City Council approved, the implementation of a
Failsafe Franchise Model (FFM) ambulance system. This system is designed to
minimize disruption of service by providing for ownership or control over the
system's accounts' receivables, facility, communications and equipment. In addi-
tion, medical control would be monitored by physicians knowledgeable in the area
of pre-hospital care.' An update on the proposed system was provided to the City
Council in Informal Report No. 7069 dated November 26, 1985.
On December 5, 1985, bids were received from Hartson and Mercy Ambulance Ser-
vices, a joint venture, and Shepard Ambulance Company. A bid evaluation commit-
tee reviewed and ranked the proposals on December 10, 1985. The highest scoring
bidder was Hartson and Mercy. The Interim Ambulance Authority met on December
11, 1985, and reviewed the Committee's report. During the Pre-Council meeting on
December 12, 1985, the Authority recommended to the City Council that the con-
tract be awarded to Hartson and Mercy.
After the Pre-Council meeting on December 12, the City's consultant, an Assistant
City Attorney and representatives met to address system refinements/enhancements
to the proposal that is under consideration. Key elements of the proposal remain
the same;
1. The average total bill may not exceed $230.
2. ,The subsidy level is set at $70,000 per month, or $840,000 annually.
3. After 18 months, the City will have the option of reducing the subsidy in
an amount not to exceed $250,000 annually.
4. The response time will be 90% of life .threatening calls in 8 minutes or
_ less and 90% of non-life threatening calls in 10 minutes or less. Failure
to meet the response time standard will result in late run penalties.
DATE NUMBER REFERENCE SUBJECT: Award of Contract for Ambulance PAGE
12/17/85 C-9412 Services 2 0, 3
NOTE: The initial response time standard will be 10 minutes or less on 90% of
all emergency calls. The stricter standard of 8 minutes or less on 90% of life-
threatening emergency calls will go into effect within 90 days of the installa-
tion of the planned enhanced computer-aided dispatch system which will allow
sophisticated system status management techniques.
5. An Emergency Physicians Advisory Board will oversee the clinical aspects
of the system.
6. The Ambulance Authority will oversee the administrative aspects of the
system.
7. The City will acquire a facility and communications system.
In order to provide for enhanced system effectiveness and more effective utiliza-
tion of system revenues, the proposed Contractor ,and City staff members have
agreed on certain modifications which have been incorporated into the attached
proposed contract. These modifications are outlined below.
The proposed Contractor has agreed to:
1. Reduce the number of portable radios and related equipment which. the City
is obligated to provide from 27 to 20. The estimated savings to the City
will be $185,000.
2. Agreed to perform additional start-up tasks beyond the commitments of
their proposal including assistance in development of the enhanced compu-
ter dispatch system, the development of a trade name and logo for the
system, the assumption of communications procurement management and
testing of the new communications system, and the acquisition of all
necessary permits and licenses on behalf of the City and the Ambulance
Authority.
3. Agreed to accept the delayed implementation of the complete communications
system and to the acceptance of an interim system.
4. Agreed to market the computer dispatch software developed for the system
and to split the net proceeds with the City on a 50-50 basis until the
City has recouped its actual direct costs of development up to $80,000.
After the City's actual costs are recovered, it wll receive a royalty of
10% of gross revenues from the sale of the software rights.
5. Agreed to allow up to $7,500 of the remodeling budget promised to the Con-
tractor for remodeling of the central facility to be utilized by the City
to renovate the adjacent parking facilities.
6. Agreed to provide a written guaranty agreement by the parent organizations
of the Contractor to guarantee performance of the subsidiary corporation
which will be the contracting entity with the City.
The City has agreed to the provision of 17 ambulances by the contractor - 16 am-
bulances at system start-up with an additional unit to be provided within 18
months, unless it is determined by the Emergency Physicians Board that the addi-
tional ambulance is not medically necessary. The Contractor must furnish and
maintain an ambulance fleet size which will enable it to meet 125% of the sche-
duled maximum peak load for the system so as to allow for a margin of safety
throughout the terms of the contract. The Contractor has estimated that its
start-up costs will be about $293,800. The City will allow the Contractor to
submit an invoice in that amount for their financing purposes. However, the
total pyament from the City for start-up costs and subsidy will remain $70,000
per month in equal monthly installments.
DATE NUMBER REFERENCE SUBJECT: Award Of Contract for Ambulance
121��85 PAGE
C-9412 Services
3 0, 3
Financing
Sufficient funds are available for this contract in General Fund Account No.
34-10-00.
BT:kcgq
pc;,
``-� `� Lo
kFOR MITTED FOR THE
MANAGER'S DISPOSITION 8Y COUNCIL:
CE BY: PROCESSED BY
D APPROVED
INATING Bob Terrell L. OTHER (DESCRIBE)
RTMENT HEAD:
CITY SECRETARY
TACDITIONAL INFORMA TION B. Terrel 1 6143
DATE