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1985-064-RES WHEREAS, the City Council of continues to be aware of the needs of for health and related services; and, RESOLUTION NO. 85~064 WHEREAS, the City Council of continues to be aware of the needs of for health and related services; and, the City of Paris the citizens of Paris WHEREAS, the Red River Valley Home Health Services, Inc., a non-profit corporation, providing health services in Paris is desirous of providing a transfer ambulance service; and, WHEREAS, the City of Paris has available an ambulance that is not required for the emergency service being offered by the City of Paris, but is desirable to retain the use of the same in time of disaster or emergency; and, WHEREAS, Red River Valley Home Health Services, Inc., is desirous of leasing such ambulance vehicle upon the terms and conditions and in the form of the Ambulance Lease attached hereto as Exhibit A which should be approved; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, That the Ambulance Lease attached hereto as Exhibit A be, and the same is hereby in all things approved; and, BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, George Fisher, Jr., be, and he is hereby authorized and directed on behalf of the City of Paris to execute the Ambulance Lease attached hereto as Exhibit A. Passed and adopted this 12th day of August, 1985. ~fl~(k G rge is er, Jr., Mayor ATTEST: ~"\t\.~ ~\..\r'<'.~~~~ I Matt~e Cun~ingham, City l~rk APPROVED AS TO FORM: nes, City Attorney AMBULANCE LEASE STATE OF TEXAS ~ 5 COUNTY OF LMmR 5 LEASE AGREE~lENT bet",een the CITY OF PARIS, a municipal corporation, acting by and through its Mayor, duly author- ized, hereinafter referred to as LESSOR, and RED RIVER VALLEY HOME HEALTH SERVICES, INC., Paris, Lamar County, Texas, by and through its representative, duly authorized, hereinafter referred to uS LESSEE, WITNESSETH: Consideration. For and in consideration of the payment to LESSOR of Four Thousand Eight Hundred and No/100 ($4,800.00) Dollars, payable in monthly payments of Four Hundred and No/100 ($40D.001 Dollars each, LESSOR does hereby lease and let unto the LESSEE the ambulance vehicle described on Exhibit A attached hereto and made a part hereof for all legal purposes. Term. The term of this lease is for thirteen (13) months beginning on the 1st day of September, 1985, and ending on the 30th day of Septenilier, 1986. In consideration hereof, it is mutually agreed by and between LESSOR and LESSEE as follows: 1. Division of Maintenance Responsibility. The LESSEE shall be responsible for preventative maintenance and upkeep of said vehicle and shall be responsible for all casualty damage to the same. In the event of major main- tenance requiring an expenditure of $300.00 or more after having notified LESSOR of the need of such repair, the LESSEE and LESSOR shall share the cost one-half each. In the event that an estimate of repair equals or exceeds ~~ nnn nn T.~ccnR h~~ ~hp rinh~ ~n YRfuse to oarticipate in 2. Indemnity. LESSEE agrees to indemnify, save, keep and hold harmless LESSOR from and against any and all demands, debts, liabilities, suits, claims and causes of action of every kind and character whatsoever for damage or inj.uries to persons and/or property occurring in the use of the leased ambulance by LESSEE'S members, invitees, agents, servants or employees and LESSOR shall not be liable to LESSEE, its members, invitees, agents, servants, employees, licensees or visitors due to the mechanical condition of the leased vehicle being improperly maintained or being or becoming out of repair, LESSEE hereby waiving any defects therein and agreeing to hold and save LESSOR harmless from all claims for any such damages or injuries, and any pro- perty damage done to said vehicle, and LESSEE must at all times during the term of this agreement and any extension thereof keep and maintain in full force and effect a policy or policies of insurance, providing at least $100,000.00 per person and $300,000.00 for any single occurrence for bodily injury or death and $25,000.00 for any single occurrence for injury to or destruction of property, indemnifying all persons for any and all damages, personal injuries or property damages sustained in or from the use of the leased vehicle, and providing for collision coverage for the full current value of the leased vehicle, indemnifying the City of Paris for any damage or destruction of said leased vehicle, as a result of the negligence of LESSEE, its members, invitees, agents, servants or employees, and shall pay all premiums due thereon when due. LESSOR shall be named in such policies as an additional insured, It is expressly provided that such insurance policy or policies shall and must be written and issued bv a reputable policies to the City Clerk of the City of Paris, or furnish to said City Clerk a current letter or certificate from such company or companies evidencing the fact that such insurance is in full force and effect at all times during this lease and any extension thereof. 3. Sublease. That LESSEE will not sublet the leased vehicle, without the consent in writing of LESSOR first having been obtainen. 4. Lessor's Hight to Terminate. That LESSOR shall have the right and privilege to immediately terminate this lease for abuse of the leased vehicle upon the giving of written notice by LESSOR. 5. Default. Should LESSEE default, or fail or refuse to keep any of the covenants, conditions, stipulations and/or provisions herein contained, notice thereof shall be given to LESSEE by LESSOR, and in the event such default, failure or refusal has not been corrected or performed \>7i thin two (2) days from t.he date of such notice, then this lease contract may be terminated at LESSOR'S option, and it shall be lawful for LESSOR to take possession of the leased vehicle and all and every claim for damage for such taking of possession is hereby expressly waived. 6. Lessee's Right to Terminate. That LESSEE shall have the right and privilege to immediately terminate this lease if the leased vehicle's down time for repairs in any one calendar month exceeds lO% of the husiness hours of LESSEE or if the maintenance expenditure of LESSEE on the leased vehicle exceeds $600.00 for a three month period, such periods must begin on the first day of a month and end on the last day of the third month thereafter. 7. Notice. All notices provided for herein will be herein leased is required by City due to acts of God, accident, weather and conditions arising therefrom, strikes, boycotts, lockouts and other labor troubles, riot, fire, earthquake, flood, storm, lightning, epidemic, insurrection, rebellion, revolution, civil war, hostilities, war, the declaration or existence of a national emergency and con- ditions arising therefrom requiring specific activity on the part of the City of Paris wherein such leased equipment would be required for said City's functioning under such conditions. Upon the termination of such condition, the leased equipment shall be returned to LESSEE and during the term of such use of such property by City, lease payments shall be suspended. 9. Not Joint Venture. It is mutually understood and agreed that nothing contained in this lease and agreement is intended, or shall be construed, as in anywise creating or establishing the relationship of co-partners or joint venturers between the parties hereto or as constituting the LESSEE as the agent or representative of the LESSOR for any purpose or in any manner whatsoever. 10. Safetv . Requirements. Home Health Service covenants and agrees that it will comply with all safety requirements of the law pertaining to the furnishing of transfer ambulance service and that the leased vehicle is to be used for transfer ambulance service only and must be distinctly marked and colored as required by State law and City Ordinances and mus.t bear the name of LESSEE on each of the front doors and across the rear of the ambulance. 11. Maintenance to Comply with TSHD. Home Health Service agrees that the leased vehicle used for transfer ambulance service shall be maintained to mf'f'r or py,...""r1 t-h" any time said ambulance is not in compliance with the provisions hereof, or if any mechanical repairs are needed in order to insure its satisfactory operation, said vehicle must be removed from service until such repairs or certi- fications are accomplished. 12. State Law; City Ordinance. agrees to operate the ambulance in requirements of the laws of the State of Texas and applic- able requirements of the City of Paris. 13. Solicitation. Home Health Service agrees that it Home Health Service accordance with the will not solicit business of any type from any person, firm or organization while rendering transfer ambulance service; notwi thstanding the aforementioned, Home Health Service is permitted to inform persons of the services rendered and products offered by its organization. 14. Insurance. Home Health Service agrees that at all times during the effective period of this lease to have procured and kept in full force and effect, policy or policies of liability insurance covering the leased motor vehicle in the minimum amounts 0:( $100,000.00 for bodily injury or death to anyone person and $300,000.00 for all persons injured in anyone accident or occasion and $25,000.00 for property damage arising out of anyone accident or occasion with the City of Paris shown as an additional insured on said policies, with certificates to be maintained on file with the City Clerk of the City of Paris. Executed this _____ day of Septenmer, 1985. CITY OF PARIS By: ATTES'l' : ~~..~~~~ Mattie Cunningham, City C er APPROVED AS TO FORM: T. K. Haynes, City Attorney RED RIVER VALLEY HOME HEALTH SERVICES, INC. By: Title EXHIBIT A 1982 Chevrolet 1 ton Van VIN #IGCGG35M8C7111639 License No. 4004-87 fEXEMPT)