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
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"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.
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(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
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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.
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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
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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)