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HomeMy WebLinkAboutSeminole County School Board Transportation Dept Standard Gov't Bus Rental Agreement - 2023 05 01SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA Appov c-o( TRANSPORTATION DEPARTMENT S-/CA19-3 STANDARD GOVERNMENTAL UNIT BUS RENTAL AGREEMENT This agreement entered into on the date of execution by party last signing, by and between The School Board of Seminole County, Florida, Educational Support Center, 400 East Lake Mary Boulevard, Sanford, Florida, 32773-7127, hereinafter referred to as the "Board" and (Ch p4- VA*r Srrin�s ). hereinafter referred to as the OAT "User". WITNESSETH NOW THEREFORE, in consideration of the hereinafter stated mutual covenants and agreements, it is hereby agreed by and between the parties as follows: 1. SERVICES: The Board will provide transportation services to User, utilizing appropriate school buses owned and operated by the Board, pursuant and subject to the provisions of § 1006.261, Florida Statutes. The transportation is for the sole purpose of transporting school age children as requested by the User. The bus(es) will be operated by employees of the Board, who shall be assigned by the Director of Transportation Services. 2. CHARGES: User will pay the rate of 38.65 per hour and $1.25 per mile of use inclusive of bus driver salary, fuel, oil, maintenance and mileage for the period of time from 5 23 through // 23 . User will be charged a four-hour minimum for services rendered on a non -Seminole County Public School attendance day. Cancellations not made forty-eight hours in advance of trip will be charged a four-hour minimum for services. The Board shall prepare an invoice for the amount due upon delivery of the requested services to the User and submit to the User at the following address: Il ' User will be invoiced by the loth (tenth) working day of the month following the month in which the services are provided by the Board.1 3. INDEMNIFICATION: (a) Pursuant to 1006.261(2)(a) & (b), Florida Statutes, a copy of which is attached hereto as Exhibit "A" and made a part hereof by reference and attachment, the User hereby agrees to fully indemnify and hold the Board harmless from, any claims, judgments, losses, costs or expenses, including all litigation expenses and attorney's fees arising out of any claim, judgment or loss occurring on account of the use of Seminole County Public Schools school buses pursuant to this agreement. This agreement shall survive the full execution or termination of this agreement and shall remain in full force and effect until such time as any applicable statute of limitations shall have lapsed. 1 (b) The obligation/duty of indemnification shall be enforceable by the Board, notwithstanding that the Board reserves for itself and any entity providing insurance coverage to the Board the right the settle and pay any claim or judgment without the consent of the User or its insurance carrier, provided however, that the Board or its insurance carrier shall give reasonable notice to User of its intent to settle or pay claim or judgment. (c) The Board shall provide a copy of any notice of claim under 768.28, Fla. Stat. to User or its insurer. (d) The User reserves the right to assume the defense of any claim asserted against the Board to which the User's obligation of indemnification may apply. Any payment, settlement, or resolution of such claim will include a full release of the Board and its employees from any liability arising out of the incident giving rise to the claim. 4. INSURANCE: .(a) -Users- of bus . services will provide. a certificate(s)-evidencing such. insurance coverage to the extent listed in Sections 1 and 2 below before commencement of bus operations. (b) Insurance listed in Sectionl and 2 below is required of all Users: SBSC and its board members, officers, and employees shall be named as an additional insured to the Commercial General Liability insurance policy on a form no more restrictive than ISO form CG 20 10 (Additional Insured -- Owners, Lessees, or User). If SBSC and its board members, officers, and employees are not named as additional insureds then SBSC reserves the right terminate this agreement. All required insurance must be from insurance carriers that have a rating of "A" or better and a financial size category of "VII" or higher according to the A. M. Best Company. All required insurance policies must be endorsed to provide for notification to SBSC thirty (30) days in advance of any material change in coverage or cancellation. This is applicable to the procurement and delivery of products, goods, or services furnished to the School Board of Seminole County, Florida. (c) The User shall, within thirty (30) days after receipt of a written request from SBSC, provide SBSC with a certified copy or certified copies of the policy or policies providing the coverage required by this Section 2.4. The User may redact or omit, or cause to be redacted or omitted, those provisions of the policy or policies which are not relevant to the insurance required by Section 2.4. (d) All insurance provided by the User shall apply on a primary basis to 0) and shall not require contribution from, any other insurance or self- insurance maintained by SBSC. Any insurance, or self-insurance, maintained by SBSC shall be in excess of, and shall not contribute with, User -provided insurance. ® 1. Commercial General Liability Insurance: Bodily Injury and Property Damage Per Occurrence - $12000,000 General Aggregate - $220005000 ® 2. Automobile Liability: Bodily Injury and Property Damage Combined Single Limit (each accident) - $1,000,000 (e) Except as otherwise specifically authorized in this Agreement, no deductible or self -insured retention for any required insurance provided by the User pursuant to this Agreement will be allowed. To the extent any required insurance is subject to any deductible or self - insured retention (whether with or without approval of SBSC), the --User- shall -be-responsible for -paying on behalf-of-SBSC (and —any other person or organization that the User has, in this Agreement, agreed to include as an insured for the required insurance) any such deductible or self -insured retention. (f) Compliance with these insurance requirements shall not limit the liability of the User, its employees or agents. Any remedy provided to SBSC or SBSC's board members, officers or employees by the insurance provided by the User shall be in addition to and not in lieu of any other remedy (including, but not limited to, as an indemnitee of the User) available to SBSC under this Agreement or otherwise. (g) Neither approval nor failure to disapprove insurance furnished by the User shall relieve the User from the responsibility to provide insurance as required by this Agreement. 4. This agreement may only be amended in writing and any amendment shall require the approval of the Board. 5. The parties to this agreement hereby affirm that the persons signing on behalf of each party are duly authorized to execute this agreement. 6. The undersigned represent that they are fully authorized to enter into this agreement for and on behalf of the respective parties to this agreement. 3 Entered into on the date of execution of the party last signing. The School Board of Seminole d. A ` 9 Stan McKinzie Director of Transportation Date: PRINT NAME TITLE fk�/%Gs Date: EXHIBIT "A" 1006.261. Use of school buses for public purposes (1) (a) Each district school board may enter into agreements with the governing body of a county or municipality in the school district or any state agency or agencies established or identified to assist the transportation disadvantaged, as defined in s. 427.011, including the elderly, pursuant to Pub. L. No. 89- 73, as amended, for the use of the school buses of the school district by departments, boards, commissions, or officers of such county or municipality or of the state for county, municipal, or state purposes, including transportation of the transportation disadvantaged. Each such agreement shall provide for reimbursement of the district school board, in full or in part, for the proportionate share of fixed and operating costs incurred by the district school board attributable to the use of the buses pursuant to the agreement. (2) (a) The governing body or state agency or agencies established or identified pursuant to Pub. L. No. 89-73, or the nonprofit corporation or nonprofit civic organization or group, or an agency established or identified to assist the transportation disadvantaged as defined in s. 427.011shall indemnify and hold harmless the district school board from any and all liability by virtue of the use of the buses pursuant to an agreement authorized by this section. (b) For purposes of liability for negligence, state agencies or subdivisions as defined ins. 768.28(2) shall be covered bys. 768.28. Every other corporation or organization shall provide liability insurance coverage in the minimum amounts of $100,000 on any claim or judgment and $200,000 on all claims and judgments arising 4 i from the same incident or occurrence. (3) When the buses are used for nonschool purposes other than the transportation of the transportation disadvantaged, the flashing red lights and white strobe lights shall not be used, and the "School Bus" inscriptions on the front and rear of the buses shall be covered or concealed. E CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 10/18/2022 THE SCHOOL BOARD OF SEMINOLE COUNTY Florida League of Cities, Inc. 400 E. LAKE MARY BOULEVARD Department of Insurance Services SANFORD, FL 32773 P.O. Box 538135 Orlando, Florida 32853-8135 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT0648 I COVERAGE PERIOD: FROM 10/01/22 1 COVERAGE PERIOD: TO 10/1/2312:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ❑ Buildings ❑ Miscellaneous ® Comprehensive General Liability, Bodily Injury, Property Damage and ❑ Basic Form ❑ Inland Marine Personal Injury ❑ Special Form ❑ Electronic Data Processing ® Errors and Omissions Liability ❑ Personal Property ❑ Bond ® Supplemental Employment Practice ❑ Basic Form ❑ ® Employee Benefits Program Administration Liability ® Special Form ® Medical Attendants'/Medical Directors' Malpractice Liability ❑ Agreed Amount ® Broad Form Property Damage ❑ Deductible $1,000 ® Law Enforcement Liability ❑ Coinsurance N/A ® Underground, Explosion & Collapse Hazard ❑ Blanket ❑ Specific Limits of Liability Replacement Cost Combined Single Limit ❑ Actual Cash Value Deductible Stoploss $25,000 Limits of Liability on File with Administrator Automobile Liability TYPE OF COVERAGE - WORKERS' COMPENSATION ® All owned Autos (Private Passenger) ® All owned Autos (Other than Private Passenger) ® Hired Autos ❑ Statutory Workers' Compensation ® Non -Owned Autos ❑ Employers Liability $1,000,000 Each Accident $1,000,0D0 By Disease $1,000,0DOAggregate By Disease Limits of Liability • Combined Single Limit ❑ Deductible N/A Deductible Stoploss $25,000 ❑ Automobile/Equipment — Deductible ® Physical Damage $1,000 - Comprehensive - Auto $1,000 - Collision - Auto NIA - Miscellaneous Equipment Other The limit of liability is $200,000 Bodily Injury and/or Property Damage per person or $300,000 Bodily Injury and/or Property Damage per occurrence. These specific limits of liability are increased to $2,000,000 (combined single limit) per occurrence, solely for any liability resulting from entry of a claims bill pursuant to Section 768.28 (5) Florida Statutes or liability/settlement for which no claims bill has been fled or liability imposed pursuant to Federal Law or actions outside the State of Florida Description of Operations/LocationsNehicles/Special Items Re: Proof of insurance for use of Seminole County school buses. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE -DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE PROGRAM, CITY OF WINTER SPRINGS ITS AGENTS OR REPRESENTATIVES. 1126 EAST STATE ROAD 434 WINTER SPRINGS FL 32708 AUTIIORREO R[PRESENTA FMIT-CERT (10M)