HomeMy WebLinkAboutSeminole County School Board Florida Transportation Department Standard Governmental Unit Bus Rental Agreement 2010 SCHOOL I3OAR.D OF SEMINOI.,E COUNTY, FLORIDA TRANSPORTATION
DEPARTMENT STANDARD GOVERNMENTAL UNIT I3US RENTAI.,
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, 327737127, hereinafter referred to as
the "Board" and CITY OF WINTER SPRINGS hereinafter referred to as the "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 34.17 per hour and .72 cents per mile
of use inclusive of bus driver salary, fuel, oil, maintenance and mileage for the period of
time from APRIL 1, 2010 through APRIL 1, 2011. 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: 1126 STATE RD 434 WINTER SPRINGS FLA 32708 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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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
t() 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 s427,01j shall 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
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
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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.
(e) t.Jser shall provide the Board with a certificate of self-insurance pursuant to §
768.28(16)(a), Fla. Stat.
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.
Entered into on the date of execution of the party Last signing.
The School Board of Seminole CITY OF WINTER SPRINGS
County, Florida
Kenneth wis
Director of ransportation PRINT NAME s.-11711
Date : Date : 7/2.6 it 0