HomeMy WebLinkAboutA & S Transportation Inc. Agreement Addendum 2016 06 02 AGREEMENT ADDENDUM
A&S TRANSPORTATION INCORPORATED
& CITY OF WINTER SPRINGS
THIS ADDENDUM TO AGREEMENT ("Addendum") is made this a day of
2016, by and between the CITY OF WINTER SPRINGS, a Florida municipal
corporation (hereinafter referred to as "Lessee") and A & S TRANSPORTATION INC, a Florida
Corporation,(hereinafter referred to as"Lessor")as follows:
WHEREAS, Lessee desires to lease two vehicles (Lessor to provide driver(s) for each
vehicle)from Lessor for use on dates established;and
WHEREAS, the parties desire to modify Lessor's standard "trip request form" /agreement
dated May 10, 2016 and inclusive of attached "Winter Springs Camp Sunshine Summer Bus
Schedule",as specifically provided hereunder.
NOW, THEREFORE, in consideration of valuable consideration received at the time of
execution hereof, the receipt and sufficiency of which is acknowledged, the Lessee and Lessor do
hereby agree that the A& S Transportation,Inc.,Trip Request Form dated May 10,2016(hereinafter
the"Agreement"), is hereby amended to include the following sections and paragraphs:
Section 1. Recitals. The above recitals are true and form a material part of this
Agreement upon which the parties have relied.
Section 2.Authority. Each party hereto represents to the other that it has undertaken all
necessary actions to
execute this Agreement, and that it has the legal authority to enter into this Agreement
and to undertake all obligations imposed on it. The person(s) executing this Agreement for the
Lessor certify that he/she/they is/are authorized to bind the Lessor fully to the terms of this
Agreement.
Section 3. Rates after 3-hour minimum. The Agreement is hereby amended, for purposes
of clarification, to provide that the rate, per bus, for each half-hour following a three-hour minimum
bus rental,shall be$30.00 per half hour.
Section 4. Vehicle Repairs. During the term of the Lease, Lessor shall be responsible for
and shall pay for all routine repairs of the vehicle such as oil changes, fluid changes and refills,
changing wiper blades and towing expenses associated therewith. Lessor shall be responsible for all
non-routine repairs. Lessor remains responsible for all loss or damage to the leased vehicle relating
to all vehicle accidents and otherwise. Lessor remains responsible for all loss or damage to the
leased vehicle such as theft or vandalism, except damages proven to be caused directly by Lessee's
passengers during the rental period.
Section 5. Insurance.
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(1) All insurance other than Workers Compensation and Professional Liability that
must be maintained by the Lessor shall specifically include the City of Winter Springs as an
additional insured.
(2) The Lessor shall provide Certificate(s) of Insurance to the Lessee evidencing that
all such insurance is in effect prior to June 3,2016. These Certificates of Insurance shall become
part of this Agreement. Neither approval by the Lessee nor failure to disapprove the insurance
furnished by a Lessor shall relieve the Lessor of the Lessor's full responsibility for performance
of any obligation including the Lessor's indemnification of the Lessee under this Agreement. If,
during the period which an insurance company is providing the insurance coverage required by
this Agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer
comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating
and Financial Size Category, the Lessor shall, as soon as the Lessor has knowledge of any such
circumstance, immediately notify the Lessee and immediately replace the insurance coverage
provided by the insurance company with a different insurance company meeting the
requirements of this Agreement. Until such time as the Lessor has replaced the unacceptable
insurer with insurance acceptable to the Lessee, the Lessor shall be deemed to be in default of
this Agreement. All insurance policies shall be issued by responsible companies who are
acceptable to the Lessee and authorized to do business under the laws of the State of Florida.
(3) The Insurance Certificate attached hereto as Exhibit "A" is acceptable to Lessor, is
hereby deemed incorporated herein, and the parties agree that the attached Insurance Certificate
establishes the minimum insurance requirements to be maintained by Lessor pursuant to this
Agreement.
Section 6.Cancellation. Lessor must notify Lessee of any can Ilation no less than 48 hours
in advance of scheduled trip request. 4: -,- QA + i CMC246 W -Ok-Y
Section 7.Indemnification. Lesseee�agre s, o NeeMe5n'I'permitted by law, to indemnif
and hold harmless the Lessor from any and all liability or claims for losses, damage to prope y,
personal injuries (including but not limited to death), or liability (including costs, expenses, and
reasonable attorney's fees), arising out of or connected with Lessee's use, operation, and return
of the leased vehicle. Nothing contained in this Lease shall be construed as a waiver of the
Lessee's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations
imposed regarding the Lessee's potential liability under state or federal law. The provisions of
section 768.28, Florida Statutes are hereby deemed fully incorporated herein by this reference as
if expressly set forth herein.
Section 8. Time is of the Essence. Time is hereby declared of the essence as to the
lawful performance of all duties and obligations set forth in this Amendment.
Section 9. Entire Agreement/Modification. This Agreement, together with the
exhibit(s), constitutes the entire integrated Agreement between the parties and supersedes all
prior written or oral understandings in connection therewith. This Agreement, and all the terms
and provisions contained herein, including without limitation the exhibits hereto, constitute the
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Addendum to Agreement—
A&S Transportation Incorporated and City of Winter Springs
full and complete agreement between the parties hereto to the date hereof, and supersedes and
controls over any and all prior agreements, understandings, representations, correspondence and
statements whether written or oral. This Agreement may only be amended, supplemented or
modified by a formal written amendment.
Section 10. Severability. If any term, provision or condition contained in this
Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this
Agreement, or the application of such term, provision or condition to persons or circumstances
other than those in respect of which it is invalid or unenforceable, shall not be affected thereby,
and each term, provision and condition of this Agreement shall be valid and enforceable to the
fullest extent permitted by law when consistent with equity and the public interest.
Section 11. Waiver. The failure of the Lessee to insist in any instance upon the strict
performance of any provision of this Agreement, or to exercise any right or privilege granted to
the Lessee hereunder shall not constitute or be construed as a waiver of any such provision or
right and the same shall continue in force.
Section 12. Captions. The Section headings and captions of this Agreement are for
convenience and reference only and in no way define, limit, describe the scope or intent of this
Agreement or any part thereof,or in any way affect this Agreement or construe any provision of
this Agreement.
Section 13. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which, taken together, shall
constitute one and the same document.
Section 14. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the successors in interest, transferees and assigns of the parties. Each party hereto
represents to the other that it has undertaken all necessary actions to execute this Agreement, and
that it has the legal authority to enter into this Agreement and to undertake all obligations
imposed on it. The signatories hereof represent that they have the requisite and legal authority to
execute this Agreement and bind the respective parties herein.
Section 15. Remedies. The rights and remedies of the parties, provided for under this
Agreement,are in addition to any other rights and remedies provided by law.
Section 16. Governing law, Venue and Interpretation. This Agreement is to be
governed by the laws of the State of Florida. Venue for any legal proceeding related to this
Agreement shall be in the Eighteenth Judicial Circuit Court in and for Seminole County,Florida.
This Agreement is the result of bona fide arms length negotiations between the Lessee and the
Lessor, and all parties have contributed substantially and materially to the preparation of the
Agreement. Accordingly, this Agreement shall not be construed or interpreted more strictly
against any one party than against any other party.
Page 3 of 5
Addendum to Agreement—
A&S Transportation Incorporated and City of Winter Springs
Section 17. Addendum revisions/additions. All other provisions of the Lease not amended
by this Addendum shall remain as stated in the Lease.
IN WITNESS WHEREOF,the Lessor and Lessee set their respective hands on the day and
year above written.
WITNESSES: CITY OF WINTER SPRINGS,
a Florida municipal corporation.
By:
rint Name: 6911/ KE L. SM ,City Manager
rtnt Name: A ,
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged and sworn to before me this day of
- ?(Ne, 2016 by Kevin L.Smith, City Manager of Winter Springs ja who is personally
known to me or❑ who has produced ,as identification.
TAR UBLIC "p�,,, CASEY CARMAN
My Co fission Expires `�: Notary Public-state of FlorldA
Commission N FF 215744
;r My Comm.Expires Mar 31,2019
Bonded ihrou h NaLnnal Notary Assn.
[Remainder of page intentionally left blank;additional signature page follows]
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Addendum to Agreement—
A&S Transportation Incorporated and City of Winter Springs
WITNESSES: A&S Transportation Incorporated
a Florida Corporation.
O By:
Print Name. 1 -.-.A C4(P-S n
Print Name:''fivtX_ ,{VyVK l CRO
STATE OF FLORIDA
COUNTY OF V-e-e _
The foregoing instrument was acknowledged and sworn to before me this a day of
`lL,gAV_ 2016 by Michael Bondarenko, as President of A & S Transportation
Incorporated, Q" who is personally known to me or El who has produced
as identification.
NOTARY PUBLIC
My Commission Expires
[End of document]
RMEN J.1SOLA
S' Homy P0k-State of Florida
w� �I COMMISSloa/FF214M
,FP; My Comm.Explres Jul 23 2019
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Page 5 of 5
Addendum to Agreement—
A&S Transportation Incorporated and City of Winter Springs
A&S TRANSPORTATION
INC.
217 Wallace Ave. Lehigh Acres, Florida 33971 Phone: (239) 434-0777 Fax: (239) 434-0778
Trip Request Form
TODAY'S Date: 5/ 10/2016
CONTACT INFO WINTER SPRINGS CIVIC Bill To: CITY OF WINTER SPRINGS
CENTER SEMINOLE COUNTY NAME CAMP SUNSHINE
CAMP SUNSHINE ADDRESS 400 N EDGEMON AVE
400 N EDGEMON AVE WINTER SPRINGS, FL
WINTER SPRINGS, FL 32708 32708
Contact PHONE: i BARCLAY BILLING 407-327-6592
0,11 K2. Phone: CELL:407-443-9491
EMAIL: MBARCLAY a WINTERSPRINGSFL.ORG Fax:
We are requesting 2 number of buses to transport 120 clients on DATES PROVIDED
ON ATTACHED SCHEDULE 2016 (TRIP date).
Pick Up Location: CAMP SUNSHINE Pick Up Time:
Name 400 N EDGEMON AVE (Must confirm this PER
Address WINTER SPRINGS, FL 32708 time 24-48 hours ATTACHED
prior to the trip Mon- TIMES
City/State/Zip Friday 8-4 00pm)
Destination: PER ATTACHED SCHEDULE Estimated
Name Arrival Time:
iAddress
City/State/Zip _
Return Pick Up Location: Return Pick
Name Up Time:
Address
City/State/Zip _
Return Destination: CAMP SUNSHINE Estimated
Name 400 N EDGEMON AVE Return Time: PER
Address WINTER SPRINGS, FL 32708 ATTACHED
City/State/Zip TIMES
The billing rate for this trip will be: *SPECIAL RATE IF COMBINED WITH SUMMER
CAMP:
Hourly rate of_*$60.00 p/bus, with a 3 hour minimum, and by the '/z hour thereafter, p/bus.
The estimated cost of TRIPS PER SCHEDULED TIMES USING 2 BUSES FOR EACH TRIP
shall be 19.140.00s 60 If trip(s) exceeds the scheduled time, additional time will
be billed at a rate of 1 60.00 p/hr, p/bus.
Additional Fees:
Anaddit+maJ-b°%4ue�-sur-ch Fge4s-added to each top. Air condition buses may be available at additional charge if
requested and only if available.A cancellation fee of$200 per bus will be charged if there is less than 24(business)hours
notice for the cancellation.ALL TOLLS,IF ANY ARE THE RESPONSIBILITY OF THE CUSTOMER AND WILL BE CHARGED
TO THE CUSTOMER AT TIME OF INVOICING.
E-MAIL COMPLETED CONTRACTS TO BECKY(@ ANDSTRANSPORTATION.COM. DO NOT
MAILI IF YOU NEED TO FAX, PLEASE E-MAIL BECKY INFORMING HER THAT YOU HAVE
FAXED THIS FORM. A&S has the right to change or cancel a contract as needed. No bus will
be reserved until signed contract has been received pending availability at this time.
This agreement is between CITY OF WINTER SPRINGS (Customer) and A&S
Transportation. Customer agrees to the above marked billing rate and additional fees.
Customer also agrees to pay for services when invoice is received. Customer agrees to
confirm the number of clients and Pick Up Time 24-48 hours prior to the Pick Up Time
listed above. Monda s must be confirmed no later than noon on the Friday before the trip.
Z7 LIA
Cu mer Sign ure Date A&S Tranbr#a ion Signature Date