HomeMy WebLinkAboutSeminole County School Board Transportation Dept Standard Gov't Vehicle Use Agreement - 2010 03 26 :=
SCHOOL B�ARD OF SEMINOLE CGUNTY, FLORIDA TRANSPORTAT'ION
DEPARTMENT STANDARD G�VERNMEI�jTAL tJNIT BUS RE?�17'AL.
AGREEMENT
This agreement entered into on the date of execution by party last sigi�ing, by and
hetween "I'he School Board of Seminole Countv, Florida, Educational Support Center,
400 East Lake Mary Boule�fard, Sanford, Florida, 327737127, hereinafter referred to as
the "Board" and CITY OF WINTER SPRINGS hereinafter referred tc� as the "User".
WITNESSE"rH
NOV4' THEREFORE, in consideration of the hereinafier stated mutual covenants �3nd
aarzements, it is hereby agreed by and beri�'een the garties a� �oilo�l: s:
l. SERVICES: The Board wili pravide transportation services ta User, utilizing
apprapriate schooi buses owned and operated b}r the Board, pursuant and subject to the
pro�-isions of � 1005.261, Fl�rida Statutes. The transportation is for ihe sole pur�ose of
transporting schoal age chiIdren as requested bv the E1ser. The bus(es) will be operated
bv en�ployees c�f the Board, v4�ho shall be assigned by the Director of Transportatioi�
Scrvices.
2. CHARGES. User will pay the rate of 34.17 per hour and .72 cents per x��ile
of use inciusi��e of bus driver salary, fuel, oil, maintenance and mileage for the peric�d of
time from APRIL 1, 20�0 through APRIL 1, 2411. User ��ill be charged a four-hour
minimum for ser��ices rendered on a non-Seminole Countv Public Schooi attenc�ance dav.
Cancel�ations not made tort}r-eight haurs in advance af trip �vill be charged a faur-hour
minimum for services, 'I�he Board shall prepare an invaice for the am�unt due upon
deli��ery of thz requested ser�lices to the Usec and subrnit to the User at the follo«-ing
address: �.12b STATE RD 434 W�.NTER SPRINGS FLA 32708 User �i�ill be invaiced
by the IOth (ienth) w-orking day of the month following the month in 1;�hich the services
are provided b�� the Board.l
3. ItiDE;�7YIFICATiON:
{a) Pursuant to l�Ob.261(2)(a) &(b), Florida Statutes, a capy �i «-hich is �ttached
hereto as Exhihit "A" and made a part hereof by reference and attachment, the L�ser
hereby agrees t� fully indemnify and hold the Board harmless from any claims,
judgments, tosses, costs c�r expenses, inciuding all litigation expenses and attorney's fees
arising out of any claim, jud�nent or loss occurring on accounc of the use of Seminole
Gountv Public Schools schoot buses pursuant to this agreement. This agreement s}�all
survive the fi,�l1 execution or terminaiion of this agreement and shall renlain in fulI forre
and effect until such time a.s ant� applicable statute of limitations shall have lapsed.
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EXHIBIT "A"
..1006.261. Use of school buses Cor public purposes
( I)(a} Cach district school board may entez into agreements wiih the governin� body of
a caunt� or municipatity in the schaol district or any state agency ar a�encies established
or identified to assist the transportation disadvantaged, as defrned ic� s_427.OI l, irtcluclin¢
ihe e(derly, pursuant to Pub. L. No. $9- 73, as amended, for th� use �f the school buse� ot�
the sch�ol district by departments, boards, cammissions, or offtcers of such county or
municipality or of the state for county, municipal, or �tatc purposes, in.cllzding
transpartation of the transp�rtatiau disadvantaged. Each such a�reement shall provide tor
reim�ursernent of the districc schaol board, i�t fttll or in part, foc the �roport�anate share
of fixed and operatin� costs ineurred by the district school board attributable to the usz af
the buses pursuant to tY�e agreement.
(2} (a) The governing bod}' or state aQency or agencies establis�ied or ic�entified pur5uant
to Pub. L. Na. 89-73. or the nonprofit corporation or nonprpt[t ci� i� c�c��aniration or
Qroup, or an agency e�tablished e�r id�E3tified to assi�t the transportation disadvantaged as
defined in s. 427.011, shall i��demnif�� and hold harmless the district schvo( board from
any° and aI( Iia�iiity �y virtue of the use of the buses pursuant to an �greelnent a�thorized
b�� this section.
(b) For purposes of liability �or ne�li�ence. slate agencies or subdivi5ions as
defined ins. 768.28(2) shall be co�ered bvs. 7b8.28. Ever� c�ther carpc>ration or
organization sha�l pravide liability insurance couerage in the �ninimum amounts of
$lOG,000 on an}r ctaim or judgment and $200,0p0 on ali claims and judgments arising
from the same incident or occurrence.
(3) When tl:e buses are used for norrschonl purpvses other than the trai:sportatio�i of
1/ie transpartatinn disadvantaged, the flashi»g red lights and white str�be !igltis sh«I!
not be use� and the "Sehool Bus" inscriptions on the front anc! rear r�f t/:e huses sholl
he cavered or cor�ceuler�
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(b) The obligatior�/duty af indemnification shal( be enforceabte by che Board,
notwithstanding that the Baard reserves for itself and any entitv providing insurance
coverage to the Board the right the settte a��d pay any claim or judg�nent without tZ�e
consent of the User or its insurance carrier, provided however, that the Board or it�
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 af claim under 768.28, F(a. Stat. to User
or its insurer.
(d} The User reserves the right to assume t1�e dcfens� of an}� claim asserted
aeainst the Board to �vhich the User's obligation of indemnification may apply. Any
payment, settlement, or resalution of such claitn �vill include a tull re(ease of the Board
and its employees fi•om an}° liability arising out of the incident giving rise to the claim.
(e) User shall provide the Board with a certiticate of selt=insurance pursuant to �
768.28(16)(a), Fla. Stat.
4. This agreement may only be amended in wri�ing and any amendment shall
require the approval of the Board.
�. The parties to this agreement hereby affirm tl�at the persons signing on behalf
of each party are duly autliorized to e�ecute this agreement.
b. The undersigned represent that they arc fully autharizcd to enter into this
agreement for and on behalf of the respective parties to this agreement.
Entered inta on the date of ezecution af the party last sigr�i��g.
The School Board of Seminole CITY OF WINTER SPRINGS
County, Florida
B}�: BY
Kenneth L wis
Director of ransportation PR[NT I� x�,.�,, �, s-�+,�,�
Date : Date : ? �Z� /r c� __ __ __
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