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HomeMy WebLinkAboutSeminole County School Board - Transportation Department - Standard Government Unit Bus Rental Agreement - 2026 03 29SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA TRANSPORTATION DEPARTMENT STANDARD GOVERNMENTAL UNIT BUS RENTAL AGREEMENT agreement entered into on the date of execution by party last signing, by and between The School I of Seminole County, Florida, Educational Support Center, 400 East Lake Mary Boulevard, )rd, Florida, 32773-7127, hereinafter referred to as the "Board" and (City of Winter Springs). nafter 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. ERVICES: 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 drier salary, fuel, oil, maintenance and mileage for the period of time from (6/1/2026) through (5/ 1/2027). Users will be charged a two-hour minimum for services rendered on a Seminole County Public School attendance day, and 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 E State Rd 43 , Winter Springs, FL 32708). User will be invoiced by the loth (tenth) working day of the month fol owing the month in which the services are provided by the Board. l f 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 Mitigation 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. (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 "VIP' 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 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 - $1,000,000 General Aggregate - $2200%000 ® 2. Automobile Liability: Bodily Injury and Property Damage Combined Single Limit (each accident) - $1,000,000 Pa of (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 Board. 5. The parties to this agreement hereby affirm that the persons signing on behalf of each parry duly authorized to execute this agreement. 6. The undersigned represent that they are fully authorized to enter into this agreement for and on of the respective parties to this agreement. Entered into on the date of execution of the party last signing. School Board of Seminole City of Winter Springs itv. Florida By Kevin Sweet City Manager Date : M a r 29, 2026 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. 89 173, 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 p , oses, including transportation of the transportation disadvantaged. Each such agreement shall pro ide for reimbursement of the district school board, in full or in part, for the proportionate share of fixf�d and operating costs incurred by the district school board attributable to the use of the buses 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. 427.011, 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) .1 be covered bys. 768.28. Every other corporation or organization shall provide liability insurance erage in the minimum amounts of $100,000 on any claim or judgment and $200,000 on all claims judgments arising from the same incident or occurrence. (3) When the buses are used for nonschool purposes other than the transportation of the transportation disadvantaged, the flashing red lights and white strobe lights shall not be used, and the "School Bus" inscriptions on the front and rear of the buses shall be covered or concealed. 4 CERTIFICATE OF COVERAGE Certificate Holder Administrator Issue Date 10/06/2025 THE SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA Florida League of Cftles, Inc. 400 EAST LAKE MARY BOULEVARD Deparbnent of Insurance Services SANFORD, FLORIDA 32773 P.O. Box 538135 Orlando, Florida 32853-8135 COVERAGES THIS IS TO CERTIFY TWRTTH E A(itW ENT BBDw HAS BEEN ISSUED TO TH E DESIGUTED MEMBER roRTHE COVERAGE PERIOD INDICATED. NOiN M6TANODNG ANY REaU1RB4$ . TERM OR CONDITION OFANY CONTRACT OR OTIM DOC MENT wnH Rama TO WHICH TINS C6tTuwxm MAYBE 15ROR MAY PERTAIN, THE CDVE AGE AFFORD@) BY THE AGRE@dE T DESCRUIED H EM IN IS SUBJECT TO ALL THE TERMS` EXCLUSIONS AND CONDITIONS OF SUCH AGRB34 QT COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0W COVERAGE PERIOD: FROM 1011M COVERAGE PERIOD: TO 10/1/2612:01 AM STANDARD TIME TYPE OF COVERAGE - LIABILITY TYPE OF COVERAGE - PROPERTY General Liability ® Buildings ® Miscellaneous ® Comprehensive General Liability, Bodily Injury, Property Damage, ® Basic Form ® Inland Marine Personal Injury and Advertising Injury ® Special Form ® Electronic Data Processing ® Errors and Omissions Liability ® Personal Property ® Bond ® Employment Practices Liability ❑ Basic Form ® Employee Benefits Program Administration Liability ® Special Form ® Medical Attendants'/Medical DlreftW Malpractice Liability ® Agreed Amount ® Brad Form Property Damage ® Deductible $1,000 ® Law Enforcement Liability ® Coinsurance 100% ® Underground, Explosion A Collapse Hazard ® Blanket Limits of Liability ❑ Spedfts * Combined Single Limit ® Replacement Cost Deductible Stoploss $10,000 ❑ Actual Cash Value Automobile Liability Limits of Liability on File with Administrator ® All owned Autos (Private Passenger) TYPE OF COVERAGE - WORKERS' COMPENSATION ® All owned Autos (Other than Private Passenger) Statutory Workers' Compensation ® Hired Autos Employers Liability $1,000,000 Each Accident ® Non -Owned Autos $1,000,000 By Disease $1,000,000 Aggregate By Disease Limits of Liability ❑ Deductible N/A * Combined Single Limit ❑ SIR Deductible N/A Deductible Stoploss $10,000 Automobite/Equlpment - Deducible ® Physical Damage Per Schedule - Comprehensive - Auto Per Schedule - Collision - Auto Per Schedule - Miscellaneous Equipment Other * The limit of Ilability 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 $5,000,000 for General Liability and $2,000,000 for Automobile Liability (combined single limit) per occurrence, solely for any liability resulting from entry of a calms bill pursuant to Section 768.28 (S) Florida Statutes or Ilability/settlement for which no claims bill has been filed or IlabllIty Imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/Locatlons/Vehides/Spedal Items RE: Proof of insurance for summer camp bus rental from School Board of Seminole County. RE: The School Board of Seminole County, Florida, its members, officers, agents, and employees are named as Additional Insured on the General Liability poky. Events, acWittes, elections, and functions authorized by the Certlflcate holder InvohRng the designated member while being held upon the premises of the certificate holder including the off -premises use of the certificate holder's buses. With respect to such events, activities, and functions, the certificate holder Is hereby added as an additional Insured, except for Workers' Compensation and Employers Liability, as respects the membees liability for the above-clesafbed event THOS CWTUVAM IS ISSUED AS A FATTEROF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTOWE HOLDEt THIS CERTMCArE DOES NOT AMEND. MIND ORALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE. Designated Member Cancellations City of Winter Springs SHOULD ANY PART OF THE ABOVE-DES0UBED AGREEMENT BE CANCELED BEFORE THE ORRATION DATE THEREOF, THE ISSUING COMPANYWU ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE 1126 East State Road 434 CERMICATE HOLDER NAMED ABOVE, BUT FAA =TO MAGI SUCH MMCE SHALL M OSE No OBLIGATION OR LIUMM OF MY KE ND UPON THE PROGRAM, ITS AGENTS OR REPRESENTATIVE% Winter Springs FL 32708 lib" AUn WRED REPRESENTATIVE mrr-wer (lami1)