Okaloosa County BOCC — 2013 meeting #1141 (date undetermined) — Disaster Transportation Services - School Bus Lease — reading text

CONTRACT & LEASE INTERNAL COCRDINATION SHEET ferent — | contaciteate Number: Lo7- O-PS Trocking Number: 6% 3 Contractor/Lessee Narne: Cbaloote losnty SeAar/ Lister Grant Funded: YES__ NO purpose: CF Mersency Keose [use of uses | 7 ns Dote/Term: bL4ol tov , wf 2, ane yr pened 1. EY’ GREATER THAN $50,000 amount” 78 "aet bus er a J ples 4/55 per pole 2. [1] GREATER THAN $25,000 bepartment: fable Sch Dept. Monitor Name: Bb Ves W/ VLA Dn»! Document has een reviewed and includes any attachments or exhibiis. 3, (J $25,000 OR LESS Purchasing Review coe MMA Risk Management Review County Attorney Review Doie: £3 County Attorney Following Okaloosa County approval: Contracts. & Grants Document has been received: Doije: Contracts & Gronis Monoger SCHOOL DISTRICT OF OKALOOSA COUNTY SUPERINTENDENT OF SCHOOLS MARY BETH JACKSON BOARD MEMBERS DEWEY DESTIN CINDY FRAKES CATHY THIGPEN MELISSA THRUSH RODNEY L. WALKER ATTORNEY TO THE BOARD C. JEFFREY McINNIS, ESQ. May 15, 2013 TO: Jay McInnis, Director Transportation FROM: Jan Crawford School Board Office SUBJECT: Motor Vehicle Lease for Disaster Transportation Services With Okaloosa County Board of County Commissioners Enclosed you will find two (2) originals of the Motor Vehicle Lease for Disaster ransportation Services with The Board of County Commissioners. This agreement was approved by the School Board on May 13, 2013, and has been signed by its officers. | ask that you obtain the appropriate signatures from the Board of County Commissioners and return one (1) fully executed original to me in the School Board Office. Thank you for your assistance in executing this agreement. Please feel free to call me (833-5885) if you have questions. Enclosures ADMINISTRATION COMPLEX-120 LOWERY PLACE S.E.-FORT WALTON BEACH, FLORIDA 32548 : TELEPHONE (850) 833-3100 FAX (850) 833-3436 CARVER HILL ADMINISTRATION COMPLEX-461 W. SCHOOL AVENUE-CRESTVIEW, FLORIDA 32536 TELEPHONE (850) 689-7300 FAX (850) 689-7121 A PROFESSIONAL LIMITED COMPANY ATTORNEYS AND COUNSELORS AT LAW 909 MAR WALT DRIVE, SUITE 1014 FORT WALTON BEACH, FL 32547-6711 (850) 863-4064 (850) 862-1138 Fax (850) 664-5728 Fax WWW.ASGLEGAL.COM AS G ANCHORS # SMITH # GRIMSLEY C. LEDON ANCHORS , RICHARD P. PETERMANN* JAMES W. GRIMSLEY TIMOTHY W. SHAW STEVEN B. BAUMAN SHIRAZ A. HOSEIN W. SCOTT FOSTER* JEFFREY L. BURNS* C. JEFFREY MCINNIS ~ GRESHAM N. FOSTER WALTER J. SMITH * ALSO ADMITTED IN ALABAMA July 1, 2013 1929-2001 Richard Brannon Purchasing Director Okaloosa County Board of County Commissioners 602 C North Pear! Street Crestview, FL 32536 Our Client =: The School Board of Okaloosa County, Florida In Re : Motor Vehicle Lease for Disaster Transportation Services Dear Richard: Following our recent communications, I think we now have gotten all of the appropriate changes made to the proposed Motor Vehicle Lease for Disaster Transportation Services between the School Board and the Okaloosa County Board of County Commissioners. I am enclosing with this correspondence two originals of the Motor Vehicle Lease for Disaster Transportation Services which has now been approved by the School Board, which approval includes the revisions that were made to Section Thirteen and the deletion of Section Eighteen. These are two changes that we have made to the original lease agreement based upon my conversations with Mr. John Dowd, the County Attorney and based upon the School District’s Risk Management Director’s conversation with the County’s Risk Manager. I am also returning to you the Contract/Lease Renewal form package that your office had originally sent to the Schoo! Board. I would appreciate you carefully reviewing this latest revised lease and, if acceptable, we would ask that it be approved and both originals signed by appropriate County officials. If, for your files, you need to have the Contract/Lease Renewal Form also executed, please feel free to do that, but remember that the excerpts from the lease that you attached to the renewal form will not be accurate because of the latest changes we made to iast year’s lease agreement. Thank you so much for your patience in getting this matter resolved. If you should have any questions, please do not hesitate to give me a call. Once the leases have been fully executed, I would appreciate you returning one fully executed original lease directly to my office, so that I may distribute it to the appropriate School Board offices for the District’s file. Sincerely, ANCHOR pass C. C IMSLEY, PLC CJM/smr Enclosures Board of County Commissioners Purchasing Department PF Boar af County omiesioners \< State of Florida April 3, 2013 CONTRACT/LEASE RENEWAL FORM Superintendent Mary Beth Jackson Okaloosa County School District 120 Lowery Place Fort Walton Beach, FL 32548 Lease #: LO7-0304-PS - Okaloosa County School District Emergency Lease/Use of Buses Dear Ms. Jackson: The Okaloosa County Department of Public Safety wishes to renew the subject lease, #L07-0304-PS for an additional term. The lease renewal period will be July 1, 2013, to June 30, 2014. The annual budgeted amount for this contract is $0.00. If you are in agreement, please sign below and return this form along with a current Certificate of Insurance listing Okaloosa County as co-insured (if applicable) to: Okaloosa County Department of Public Safety, 90 College Boulevard East, Niceville, FL 32578. COUNTY REPRESENTATIVES AUTHORIZED COMPANY REPRESENTATIVE Director: Dino J. Villani, Department of Public Safety Contractor: Okaloosa County School District Director Signature: County Official: | Approved By: Approved By: Vise A. hectare Title: Title: School Board Chaiceman Date: Date: 5 -/3- 20/3 County Department Instructions: 1) Obtain signatures from Department Director, authorized Company Representative and then Purchasing Director <$25K, County Administrator <$50K or BCC Chairman >$50K, as necessary. Make sure the company provides a current Certificate of Insurance. (If applicable) 2) Keep a copy of this form for your records. 3) Send original to; Jack Allen, Purchasing Services Manager. If you have any questions please contact Jack Allen at 850-689-5960, Fax—850-689-5998, e-mail: jallen@co.okaloosa.fl.us MOTOR VEHICLE LEASE FOR DISASTER TRANSPORTATION SERVICES THIS MOTOR VEHICLE LEASE is entered into effective the 1* day of July 2013, by and 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 OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS of 1804 Lewis Turner Blvd. Suite 100, Fort Walton Beach, Okaloosa County, FL 32547 (hereinafter referred to as “Lessee”). SECTION ONE DESCRIPTION OF VEHICLES AND PURPOSE Lessor shall lease to Lessee and Lessee shall lease from Lessor up to one hundred (112) motor vehicles during times of disaster when Lessee’s facilities must be vacated (hereinafter referred to as the “Vehicle” or Vehicles”). These Vehicles will consist of a combination of sixty-five (65) passenger school buses and forty-seven (47) passenger buses equipped with a wheelchair lift, selected by Lessor from its rolling fleet. SECTION TWO LEASE PAYMENT Lessee shall pay as lease payments for each of the Vehicle provided under this Lease the sum of $70.00 per day per vehicle for each day that the Lessee has possession of the Vehicle plus One Dollar and 35/100 ($1.35) 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 / RENEWAL This agreement will commence on July 1, 2013, and end on June 30, 2014, unless sooner terminated by either party as provided for under this section. This agreement may be extended, by mutual agreement of the parties, for two (2) additional one (1) year periods. Either party may terminate this agreement by giving to the other party 30 days advance written notification of termination. Page 1 of 9 SECTION FOUR PICK UP OF VEHICLES In the event that inclement weather or other disaster should cause Lessee to have to evacuate its endangered population, the Lessee shall notify Lessor of the need for the Vehicles under this Lease. Lessor shall use all reasonable diligence to identify and prepare the leased Vehicles 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 vehicles, if Lessor shall have exercised reasonable diligence in attempting to make such vehicles ready for pick up by Lessee. Notwithstanding the provisions of this Agreement, the Lessor shall have priority in the use of its vehicles for its own purposes and shall have no duty to deliver any such vehicles 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 Vehicles 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 Vehicle in conformance with the laws of the State of Florida. SECTION SIX ACCEPTANCE BY LESSEE Any Vehicle 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 VEHICLE Lessee shall not use or permit the use of the leased Vehicle in a negligent or improper manner, or so to avoid any insurance covering the Vehicle, or permit the Vehicle to become subject to any lien, change, or encumbrance. SECTION EIGHT COMPLIANCE WITH LAWS The leased Vehicle, while in the possession, custody, or control of Lessee wil] not be operated in excess of their respective rated maximum passenger limit as specified in this lease. If Page 2 of 9 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 my sustain. The Vehicle subject to this lease shall not be used in violation of any federal, state, or municipal statutes, laws, ordinances, rules, or regulations, applicable to the operation of such vehicles. As to the use of 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 duty 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, inflammable, or fissionable. SECTION NINE DRIVERS OF VEHICLES All Vehicles leased to Lessee under this lease shall be operated only by safe, careful, legally qualified, and properly trained and licensed drivers. Such drivers shall be selected, employed, controlled, and paid by Lessee. The Lessee shall implement the provision 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 hereto as Exhibit “A”’) Such drivers are conclusively presumed to be employees of Lessee only. Lessee shall provide worker compensation coverage for all drivers in accordance with the requirements of Florida law. Such