SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA
STANDARD NON-GOVERNMENT VEHICLE USE 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 ____________________ 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 :
(a) The School Board will provide the following transportation services to “User”, utilizing school buses owned and operated by the Board, pursuant and subject to the provisions of §1006.261(1)(c), Florida Statutes for the sole purpose of transporting qualified participants in the User’s program.
(b) Board employees, as assigned by the Director of Transportation Services, will operate the bus or buses at all times.
2. CHARGES :
(a) User shall pay to the Board, for the use of said school bus service, the sum, including bus driver salary, fuel, oil, and maintenance, of $38.65 (Regular Rate) per hour or $49.65 (Prime Time Rate) per hour and $1.25 per mile (if out of zone) from point of origin to trip destination and return for the period of time from ________________________ through __________________.
(b) Charges will be billed by the Board to “User”. User will be charged a four-hour minimum for services rendered on a non-Seminole County Public School student attendance day.
(c) Cancellations not made forty-eight hours in advance of trip will be charged a four-hour minimum for services.
(d) The Board shall prepare an invoice for the amount upon delivery of the products and services provided pursuant to this agreement to “User to the attention of ____________________________________________________.
(e) Services will be invoiced by the 10th (tenth) working day of the month following the month in which services are provided by the Board.
3. INDEMNIFICATION AND INSURANCE:
(a) Pursuant to 1006.261(2)(a), Florida Statutes, the “User” hereby agrees to defend, indemnify and hold harmless the Board and its officers and employees from any expense, cost, loss, damage, claim, judgment or claims bill incurred or rendered against same, including attorneys' fees and investigation expenses (presuit, suit, appeal and post appeal proceedings) 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) User shall provide a certificate of insurance evidencing general liability motor vehicle liability coverage on an occurrence basis policy, with minimum limits of $1,000,000.00 per occurrence and $2,000,000.00 aggregate or a combined single limit covering bodily injury, property damage, personal injury, premises, operations, products, completed operations, independent contractors and contractual liability. There shall be no exclusions for contracted liability. Coverage must be written by a carrier, which has and maintains a rating of “A” or better and a financial size category of “VII” or better according to A.M. Best Company.
(c) The obligation/duty of indemnification shall be enforceable by the Board, notwithstanding that any claim or claims to which the obligation of indemnification applies shall voluntarily be settled or paid by or for or on behalf of the Board.
(d) The Board reserves for itself and any entity providing insurance coverage to the Board the right to 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 any claim or judgment.
(e) 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.
(f) The Board shall provide a copy of any notice of claim under 768.28, Fla. Stat. to User or its insurer.
(g) “User” shall provide the Board with a certificate of insurance evidencing the coverage above required, without coverage exception, exemptions or conditions, as to the use of Seminole County Public school buses pursuant to this agreement, which insurance shall not diminish the obligation/duty of indemnification owed to the School Board by “User”, pursuant to this agreement or general law of the State of Florida. The insurer shall be subject to the approval of the Board’s Department of Risk Management.
(h) A copy of §1006.261, Fla. Stat. is attached here to as Exhibit “A” and made a part hereof for all purposes by attachment and reference to the extent that same is applicable to this agreement.
4. This agreement may only be amended in writing and any amendment shall require the approval of Board on the date of execution of the part last signing.
5. The undersigned represent that they are authorized to enter into this contract as employees, agents, or legal representatives of the respective parties to this agreement.
The School Board of Seminole County , Florida
Kenneth Lewis, Director of Transportation