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

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 renewal or replacement, evidencing coverage outlined in this Section. Such certificate shall provide that the insurance shall not be canceled or materially modified except on thirty (30) days advance written notice to Lessor. Lessee shall cause the Vehicle subject to this lease to be used and operated with reasonable care and precaution to prevent loss and damage to such Vehicle due to negligent or reckless use, abuse, fire, theft, collision, or injury to persons or property. Lessee’s drivers shall comply with all reasonable regulations now or hereafter made by Lessor insofar as such regulations shall relate to the proper use, care, and operation of the vehicle provided pursuant to this lease. Page 3 of 9 SECTION TEN REPORTS BY LESSEE’S DRIVERS Lessee shall encourage each of its drivers, at the close of each day, or each time Vehicle is returned to Lessor’s garage, to note on forms provided by Lessor, any and all faulty operation or other trouble that the driver had with that Vehicle. Except as so reported, it shall be conclusively presumed that the Vehicle operated satisfactorily. SECTION ELEVEN MAINTENANCE AND REPAIRS Except as otherwise provided in this agreement, all labor, materials and repairs in connection with the proper mechanical operation of the Vehicle during the lease term, including but not limited to batteries, repairs, maintenance, tires and towing necessary for its proper use and operation, shall be at Lessor’s expense. Lessee shall take the Vehicle to the Lessor’s designated bus maintenance facility for all service and repairs. Lessee shall be liable for all repairs or replacement of equipment due to damage caused by Lessee’s passengers or the negligence of Lessee’s employees. The Lessee shall be solely responsible for the routine costs of operations, including fuel and oil. If any Vehicle shall be disable, for any cause, Lessor shall promptly repair, or cause such Vehicle to be repaired, after receipt from Lessee or its agents of notice of such disability, specifying where the Vehicle is located, the nature of the disability, and its cause. Lessee’s drivers shall not make any repairs or adjustments to any Vehicle, but in all cases of trouble shall give prompt notice to Lessor by the most efficient means available describing the nature of the trouble and the locations of the Vehicle. Lessee’s drivers shall abide by Lessor’s directions concerning emergency repairs. Lessor shall have no liability for any repair or service to a Vehicle unless authorized by Lessor and supported by a receipted bill for the repair or service itemizing the cost of labor and materials. SECTION TWELVE AFTER HOURS STORAGE it shall be the responsibility of Lessee to provide a safe and secure storage location for the Vehicles after hours of daily use. Any damage to the Vehicle due to vandalism shall be repaired or replaced at the sole expense of Lessee by Lessor’s personnel or other assigned garage/repair facility. Page 4 of 9 SECTION THIRTEEN OBLIGATION TO INSURE Lessee, at its sole cost, shall provide and maintain during any period of time during the term of this lease, when Lessee is in actual possession of the Vehicle hereunder, a policy of automobile liability insurance containing the coverages, exceptions, and exclusions that are ordinarily contained in automobile liability insurance policies written in the State of Florida. Such policy shall insure Lessor and Lessee and their respective agents and employees with respect to liability as a result of the ownership, maintenance, use of operation of Vehicle furnished by Lessor to Lessee pursuant to this lease. Such insurance shall be primary, and not excess or contributory, with respect to any accident involving the Vehicles. Okaleesa-County will assume incidental damages caused-by Okalonsa's. Agreement notto exceed $10,000 any | accident or $20,000 -any-occurrence, The Lessee shal] also provide full collision coverage for Lessor’s Vehicles based upon actual cash value. Such insurance shall be in a form acceptable to Lessor and shall be provided by an insurance company properly licensed to do business in the State of Florida and approved by Lessor. Lessee shall cause the insurer to furnish to Lessor’s Risk Management Office, prior to delivery of any Vehicle subject to this lease to Lessee, a certificate of insurance, and a certificate of any renewal or replacement, evidencing coverage as outlined in this Section. Such certificate shall provide that the insurance shall not be canceled or materially modified except on thirty (30) days advance written notice to Lessor. Lessor shall be a named insured on the required insurance coverages. SECTION FOURTEEN REPORTS OF ACCIDENTS Ifa vehicle furnished by Lessor to Lessee pursuant to this agreement is involved in any accident, Lessee shall cause its agents and employees to notify Lessor immediately by telephone. Thereafter, as soon as practicable, Lessee shall report to Lessor in writing, giving all information relative to the accident, including, but not limited to, the date, time, place, and circumstance of the accident, the names and addresses of persons injured, the owners of property damaged, and names and addresses of witnesses. Lessee, its agents and employees, shall cooperate fully with Lessor and the insured in the investigation and defense of any claim or suit, and shall do nothing to impair or invalidate any applicable insurance coverage. Lessee shall promptly deliver to Lessor, or to such other person or company as Lessor shall have designated in writing, any and all papers, notices, summonses, processes, and documents whatsoever served upon or delivered to Lessee or Lessee’s agents or employees I connection with any claim, suit, action or proceeding at law or in equity commenced or threatened against Lessee or Lessor arising out of the ownership, maintenance, use, or operation of any vehicle subject to this lease. Page 5 of 9 Th + \e ‘ - SECTION FIFTEEN OBLIGATION TO PAY MISCELLANEOUS CHARGES Lessee agrees to pay all storage charges, parking charges, and fines incurred in connection with the Vehicles. Lessee will pay any fees or taxes that may be imposed with respect to the Vehicle by any constituted governmental authority as the result of Lessee’s use or intended use of the Vehicle. SECTION SIXTEEN LIABILITY FOR CONTENTS Lessor shall not be liable for loss of or damage to any property left, stored, loaded or transported in or upon any vehicle furnished by Lessor to Lessee pursuant to this lease, whether or not due to the negligence of Lessor, its agents, or employees. Lessee shall hold Lessor, its agents, and its employees, harmless from and indemnity them from and against all claims based on or arising out of such loss or damage. SECTION SEVENTEEN RISK OF LOSS AND DAMAGE Lessee shall bear all risks of damage or loss of the Vehicle or any portions of the Vehicles not covered by insurance. All replacements, repairs or substitutions of parts or equipment due to any such damage shall be at the cost and expense of Lessee and shall be accessions to the Vehicles. The lease payments on the Vehicle shall not be prorated or abated while it is being serviced or repaired, SECTION EIGHTEEN wrRoanca 3 van ray C APeTIOU, fc tT Ware tT or r ne ee : dad fas nag ocr 4 ; TabtittyMsurarree provided tor;as-atesult efbedily injury death_ex prepert damage caused by-or re . arising out of the ownership maintenance use or operation of Vehicle subject ta this lease. bn ee SECTION NINETEEN RETURN OF VEHICLES At the point in time when the disaster has passed and Lessee has completed its use of the Vehicle for that incident, Lessee shall return the Vehicle to Lessor in the same condition as when Page 6of 9 received, less reasonable wear and tear at the Lessor’s South County Transportation facility or any other location mutually agreed on by the parties. SECTION TWENTY ASSIGNMENT Neither this lease nor any interest herein may be assigned by Lessee without the written consent of Lessor not by operation of law. No vehicle may be sublet or encumbered nor possession or use given to other than Lessee’s employees without Lessor’s written consent. SECTION TWENTY-ONE WAIVER The failure of either party in any one or more instances to insist on the performance of any of the terms, covenants, or conditions of this lease, or to exercise nay right or privilege in this lease conferred or the waiver of nay breach of any of the terms, covenants, or condition of this lease, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights or privileges, but such terms shal] continue and remain in full force and effect as ifno such forbearance or waiver had occurred. SECTION TWENTY-TWO LIMITATION OF WARRANTIES There are no warranties, expressed or implied, by Lessor to Lessee, except as contained in this agreement, and Lessor shall not be liable for any loss or damage to Lessee, nor to anyone else, of any kind and however caused, whether by any vehicle, its repair, maintenance, or equipment, or its failure, or by interruption of service or use of any leased Vehicle. SECTION TWENTY-THREE CONSTRUCTION OF INSTRUMENT This agreement is one of leasing only and Lessee does not acquire any right, title, or interest to the leased Vehicles other than the right of possession accorded a Lessee. SECTION TWENTY-FOUR NOTICES Any notice given under this lease by Lessor to Lessee shall be in writing and shall be given personally or by registered mail addressed as set out in this lease. Page 7 of 9 Any notice given under this lease by Lessee to Lessor shall be in writing and shall be given by sending such notice by registered mail to Lessor at its address as set out in this lease or such other address as Lessor shall have last furnished Lessee in writing, or by serving said notice personally on an executive officer of Lessor. Notices so given by either party to the other shall be considered to have been delivered on deposit in the Untied States mail with registration fees and postage prepaid, addressed to the party for whom intended. SECTION TWENTY-FIVE GOVERNING LAW This Lease shall be governed by the laws of Florida, and the parties hereto agree that any litigation between the parties hereto relating to this Lease shall take place in a court located in Okaloosa County, State of Florida. Each party waives its right to jurisdiction or venue in any other location. SECTION TWENTY-SIX ADDITIONAL VEHICLES During the term of this agreement the parties may, by mutual agreement, add additional vehicles to this lease for the remaining term of the agreement. SECTION TWENTY-SEVEN ATTORNEY FEES AND COURT COSTS In the event of any litigation between the parties hereto to enforce any of the provision of this Lease or any right of either party hereto, the unsuccessful party to such litigation agrees to pay to the successful party all costs and expenses, including reasonable attorneys’ fees, whether or not incurred in trial or on appeal, incurred therein by the successful party, all of which may be included in and as a part of the judgment rendered in such litigation. Any indemnity provisions herein shall include indemnification for reasonable attorneys’ fees and costs, whether or not suit is brought and including fees and costs on appeal. SECTION TWENTY-EIGHT CANCELLATION OF LEASE Either Lessor or Lessee shall have the right to cancel this lease with, or without cause, by giving to the other party written notice of its intention to cancel this agreement at least thirty (30) days prior to such cancellation date.