Fort Walton Beach Council agenda — 11-28-2006 ‎(regular)‎ — reading text

COMPANY ATTORNEYS AND COUNSELORS AT LAW 909 MAR WALT DRIVE. SUITE 1014 II FORT WALTON BEACH. FL 32547- 6711 850) 863- 4064 ( 850) 862- 1138 FAX ( 850) 664- 5728 FAX C. LEDoN ANCHORS www.ASGLEGAL.COM LAWRENCE KEEFE JAMES W. GRIMSLEY SUSAN L. KELSEY MICHELLE ANCHORS JAMIE McEACHERN STEVEN B. BAUMAN C. JEFFREY McINNIS W. SCOTT FOSTER. RICHARD P. PETERMANN. VICKIE A. GESELLSCHAP DREW S. PINKERTON.' A. BENJAMIN GORDON' TIMOTHY W. SHAW BRADLEY P. HERNDON SHIRAZ HOSEIN WALTER J. SMITH 1929, 2001 ALso ADMITIED IN ALABAMA CERTIFIED CRJMINAL TRIAL LAWYER BY THE FLORIDA BAR BOARD OF CERTIFICATION September 1, 2006 Mike Dutton, Fire Chief City of Fort Walton Beach 5 N.E. Hollywood Blvd. Fort Walton Beach, FL 32548 HAND DELIVERED Our Client The School Board of Okaloosa County, Florida InRe Motor Vehicle Lease for Disaster Transportation Services Dear Chief Dutton: Please find enclosed two ( 2) originals of a Motor Vehicle Lease for Disaster Transportation Services between the City of Fort Walton Beach on behalf of its Fire Department and the Okaloosa County School Board. This lease has been prepared in accordance with the request that you made of the School District' s Transportation Department to make available a 65 passenger bus for use by the City to provide evacuation transportation services in the event of a storm or other emergency. I would appreciate you carefully reviewing the terms of the proposed lease and would ask that if it is acceptable, that you have it properly signed by an official of the City ofF ort Walton Beach and that you then return both signed originals directly to my office so that we can have them approved the School Board. If you are able to get the approval and signatures before Monday, September 11, 2006, we will be able to have it reviewed by the School Board during its meeting that evening. I would need for you to have the documents delivered back to my office prior to that date to a.ssure that they will be ready for the School Board meeting. We look forward to working with you and would invite you to give me a call should you have any questions. Sincerely, CJM/jwe Enclosure cc: Jay McInnis, Program Director Transportation With Enclosure) DEFUNlAK SPRINGS DESTlN TALLAHASSEE  MOTOR VEHICLE LEASE FOR DISASTER TRANSPORTATION SERVICES THIS MOTOR VEHICLE LEASE, effective as of November 13 , 200~ is between THE SCHOOL BOARD OF OKALOOSA COUNTY, FLORIDA of 120 Lowery Place SE, Fort Walton Beach, Okaloosa County, FL 32548, ( hereinafter referred to as " Lessor") and the CITY OF FORT WALTON BEACH for and on behalf of its EMERGENCY MANAGEMENT AGENCY, of5 N.E. Hollywood Boulevard, Fort Walton Beach, Florida 32548, hereinafter referred to as " Lessee"). SECTION ONE DESCRIPTION OF VEIDCLES AND PURPOSE Lessor shall lease to Lessee and Lessee shall lease from Lessor one ( 1) motor vehicle during times of disaster when Lessee' s facilities must be vacated ( hereinafter referred to as the " Vehicle"). The Vehicle shall be sixty- five (65) passenger school buses selected by Lessor from its rolling fleet. SECTION TWO LEASE PAYMENTS Lessee shall pay as lease payments for each of the Vehicle provided under this Lease the sum of $60. 00 per day per vehicle for each day that the Lessee has possession of the Vehicle plus One Dollar and 2011 00 ($ 1.20) per mile for all mileage that the Vehicle is driven from the point of delivery of the Vehicle to Lessee to the return site for the Vehicle which shall be Lessor' s transportation facilities. All Lease payments are payable by the tenth day of the month following the Lessee' s use of the Vehicle. All lease payments shall be made by Lessee to Lessor at Lessor' s address herein set forth or to such other address as Lessor shall designate to Lessee in writing from time to time. SECTION THREE TERM OF LEASE This lease will commence on December 1, 2006 , and terminate on November 30, 20P7, unless sooner terminated by either party as may be provided for under this lease agreement. SECTION FOUR DELIVERY OF VEIDCLE In the event that inclement weather or other disaster should cause Lessee to have to provide Page 1 of, 10  evacuation transportation services to certain of its citizens, the Lessee shall notify Lessor of the need for the Vehicle under this Lease. Lessor shall use all reasonable diligence to identify and prepare the leased Vehicle for pick up by Lessee within four (4) hours of notice from Lessee, but shall not be liable to Lessee for any failure or delay in the availability of the vehicle, if Lessor shall have exercised reasonable diligence in attempting to make such vehicle ready for pick up by Lessee. Notwithstanding the provisions of this Agreement, the Lessor shall have priority in the use of its vehicle for its own purposes and shall have no duty to provide any such vehicle to Lessee in the event that the School District has to use the vehicle for its own disaster evacuation. SECTION FIVE LICENSING AND REGISTRATION The Vehicle subject to this lease shall bear license plates and the title shall be registered in the name of Lessor. Unless otherwise specified, Lessor, where required, shall register the Vehic1e in conformance with the laws of the State of Florida. SECTION SIX ACCEPTANCE BY LESSEE Any Vehicles accepted by Lessee for use under this lease, unless Lessee gives immediate written notice to the contrary, shall be conclusively presumed to be in neat and proper appearance, both inside and out, in good repair, mechanical condition, and running order when accepted by Lessee. SECTION SEVEN USE OF VEHICLES Lessee shall not use or permit the use of the leased Vehicle in a negligent or improper manner, or so as to avoid any insurance covering the Vehicle, or permit the Vehicle to become subject to any lien, charge, or encumbrance. SECTION EIGHT CO~ L~ CE~ THLAWS The leased Vehicle, while in the possession, custody, or control of Lessee will not be operated in excess of their respective rated maximum passenger limit as specified in this lease. If any vehicle is damaged in any manner due to overloading, Lessee shall immediately pay to Lessor the amount of any and all damages and losses it may sustain. Page 2 of 10  The Vehicle is subject to this lease shall not be used in violation of any federal, state or municipal statutes, laws, ordinances, rules, orregulations applicable to the operation of such vehicle. As to the use or operation of any such Vehicle, Lessee will hold Lessor harmless from any and all fines, forfeitures, or penalties for traffic violations or for the violation of any statute, law, ordinance, rule, or regulation of any duly constituted public authority. Lessee shall not use nor allow any vehicle to be used for any unlawful purpose or for the transportation of any property or material deemed extra- hazardous by reason of being explosive, flammable, or fissionable. SECTION NINE DRIVERS OF VEIDCLES All Vehicles leased to Lessee under this lease shall be operated only by safe, carefirl, legally qualified, and properly trained and licensed drivers. All drivers must have a Class A or Class B Commercial Driver' s License with a Passenger Endorsement. Lessee shall provide to Lessor proof of the required driver' s licenses for each of its employees who will be authorized to drive the Vehicle prior to the day on which any Vehicle subject to this lease shall enter Lessee' s service. It shall be the Lessee' s duty to keep such documentation updated with Lessor. Such drivers shall be selected, employed, controlled, and paid by Lessee. The Lessee shallimplement the provisions of School Board Policy Ch. 7- 7, and any subsequent School Board policies, as requirements for all of its bus drivers and shall enforce those provisions as employment standards for the drivers. ( A copy of said policy is attached hereto and made a part hereof as Exhibit " A") Such drivers are conclusively presumed to be the employees of Lessee only. Lessee shall provide workers compensation coverage for all drivers in accordance with the requirements of Florida law. Such workers compensation shall be provided by an insurance company properly licensed to do business in the State of Florida. Lessee shall cause the insurer to furnish to Lessor prior to the day on which any Vehicle subject to this lease shall enter Lessee' s service, a certificate of workers compensation insurance, and a certificate of any