School Board of Seminole County, Florida Transportation Department

SCHOOL BOARD OF SEMINOLE COUNTY, FLORIDA

TRANSPORTATION DEPARTMENT

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 City of DeBary hereinafter referred to as "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 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 perhour and $1.25 per mile from point of origin to trip destination and return for the period of time from MAY1, 2017through MAY 1, 2018

(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 CountyPublic School student attendance day.

(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, Jason Schaitz, 16 Colomba Rd. DeBary, FL 32713

(e) Services will be invoiced by the 10th (tenth) working day of the month following the month in which the 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 attorney's 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.

withstanding 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 a 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 the Board on the date of execution of the party 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.

TheSchoolBoardofSeminoleCounty City of DeBary By______By______

Julie Murphy, Bob Garcia

Director of Transportation City Mayor

PrintName______

Date______Date______

EXHIBIT "A"

~ 1006.261. Use of school buses for public purposes

(1) (c) Each district school board may enter into agreements with nonprofit corporations and nonprofit civic associations and groups to allow the use of school

buses to transport school-age children for activities sponsored by such associations.

and groups, including, but not limited to, the Girl Scouts, the Boy Scouts, 4-H Clubs, the Y.M.C.A., and similar groups. The use of school buses for these activities shall be pursuant to rules adopted by the district school board and with compensation to the district school board at least equal to the costs incurred by the board for such use.

(2)(a) The... nonprofit corporation or nonprofit civic organization or group 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.

(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 thefront and rear of the buses shall be covered or concealed.