CM-2019-0235 - 8/9/2019The State of Texas
County of Williamson
School Bus Use Agreement
44
This agreement is entered Ali- day of ILaw,-:04-9 at Round Rock, Williamson
County, Texas, by and between City of Round Rock Parks and Recreation,
of Austin (hereinafter referred to as "Organization"), and Round Rock Independent
School District, of Williamson County, Texas, (hereinafter referred to as "School
District" or "District").
RECITALS
1. District is apolitical subdivision if the State of Texas, governed by a Board of
Trustees.
2. The Organization is not for profit corporation here describe by
category, e.g., "a not-for-profit corporation", "a municipality", "a charitable
organization", "Local Government Entity").
3. The Organization desires to use District buses fora lawful purpose.
4. The District possesses the authority, conditioned by state law, to per nit noll-
school use of its school buses. The authority and conditions are found at Texas
Education Code §21.175 (b) and 19 Texas Administrative Code §68.33.
5. The District has adopted policy that specifies conditions for any non-schOO1 Me Of
its school buses. RRISD Policy CNC.
TERMS OF THE AGREEMENT
In consideration of the mutual promises and agreements herein contained, the parties
agree as follows:
1. RENTAL
The Organization shall pay to the District a rental fee in the amount of $1.70
per mile, per bus for use of each bus subject to this agreement. Additionally,
the Organization shat I pay to the District the usual cost of the hourly wages of
the driver of each driver of each bus, with a two (2) hour minimum per driver
per trip. "Hourly wages" (presently $27.00 per hour) as used in this section
shall include, if applicable, overtime wages at one and one-half times the
driver's base hourly wage rate. The rental fee is intended to include the total
cost of operation of the bus for the period of time in use by the Organization
during the time covered by this Agreement.
The rental fee received from the usage covered by this agreement shall be
deposited in the District's transportation fund account. For each bus, a trip
ticket shall be completed on each date the bus is used for travel under the
terms of this Agreement.
11. TIME OF PERFORMANCE
Dates of Performance
Performance of this agreement shall begin July Ist 2019, and
shall end June 30th, 2020.
II1. USE OF VEIIICLES
Number of Vehicles
The number of school buses covered by this agreement is up_to 4 buses.
Identity of Vehicles
The Vehicles subject to this Agreement shall be chosen, and may be
substituted from time to time, by the District from its school bus Fleet.
No Interference
Tine use of any school buses for transportation by the Organization shall not
Interfere with the normal school transportation services provided by the
District.
IV. DRIVERS
The driver of any bus under this Agreement shall be an employee of the
District included on the list of school bus drivers registered under the
District's liability insurance policy.
V. INDEMNIFICATION
The Organization hereby agrees to indemnify and hold harmless, and does
hereby indemnify and hold harmless the District, its Board of Trustees, and its
employees and agents from and against all suits, actions or claims of any
character, type or description, including attorney's fees and all costs incurred
in the defense of any such claim, brought or made for or on account of any
injury, death, or damage received or sustained by any person including any
participant, driver, spectator, passenger, or volunteer arising out of, or
occasioned by, or otherwise arising in connection with the Organization's use
of any District -owned bus "to the extent authorized by Texas law".
The Organization agrees to provide liability insurance for the amounts no less
than the statuary Iimits of school district liability for motor vehicle injuries.
The maximum liability of the District under the Texas Tort Claims Act is:
(a) $100,000 per person for bodily injury or death; (b) $300,000 per
occurrence for injury to or destruction of property. (TEX. CIV. PRAC. &
REM. ANN.CODE §101.001 et_seca.) Written proof of such insurance
coverage shall be on file with the District before this Agreement takes effect.
VI. FILING
This Agreement shall be filed in the administrative offices of the District.
VII. VENUE AND CHOICE OF LAW
This agreement has been executed in Williamson County, Texas, and shat] be
Governed by the laws of the State of Texas.
VIII. ENFORCEABILITY, AMENDMENT
The provisions of this Agreement shall inure to the benefit of and shall be
binding upon the assigns, successors, and personal representatives of cacti of
the parties hereto.
This Agreement may be amended only by the prior signed written consent of
both of the parties hereto.
IX. CONTACT PERSON: Sandra Thompson Cl 512-428-2451
X. EXECUTION
IN WITNESS WHEREOF, the Fatties h
e
reto have executed this Agreement
this da - ,:-;tefq
• Jamie Spiegel
)) a Director of Pumbasing &
/ T Rt-atials Manzqmcnt
AU ORIZED SCHOOL OFFICIAL
ROUND ROCK INDEPENDENT SCHOOL DISTRICT
A�—Ld
f]FFICiA OR ORGANIZATION
ACTING WITH THE AUTHORITY OF AND ON
X BEHALF OF ORGANIZATION
Y
ADDRESS OF ORGANIZATION:
Pock, -W 7
Please fill out tend sign Send this original back page to nye at:
Sandra Thompson
7900 Pearson Ranch Rd Austin Tx 75717
Thant; you, Sandra
City of Round Rock
eoueo ROCK Agenda Item Summary
C X.,
Agenda Number:
Title: Consider executing a School Bus Use agreement with Round Rock
independent School District for the use of vehicles by the City.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 8/9/2019
Dept Director: Rick Atkins, Director
Cost: $5,000.00
Indexes: General Fund
Attachments: 2019-2020 City RRISD Recreational Bus Use Agreement (07 24 19)
(00428512xA08F8), LAF - RRISD (School Bus Use Agreement)
(00428542xA08F8)
Department: Parks and Recreation Department
Text of Legislative File CM -2019-0235
This item is for a service agreement with Round Rock ISD for use of buses. Currently, Parks
and Recreation only has the full use of 2 buses owned by City of Round Rock. A third City
owned bus is possible with local travel. With these resources, there are times throughout the
year additional transportation is needed to provide services to our community including
programs, camps and events. Round Rock ISD has multiple options for buses including large
handicapped with multiple wheelchair stations that the City does not currently have in our fleet
inventory. This agreement states the rental rates of $1.70 per mile and $27/hour driver fee.
This service agreement will allows the opportunity to reserve buses and continue to provide
transportation services for or programs, camps and events.
Cost., $5,000.00
Source of Funds: General Fund
Cityof Round Rock page 1 Printed on 8/8/2019