CM-2022-106 - 4/29/2022The State of Texas §
County of Williamson §
School Bus Use Agreement
This Agreement is entered into as of the 23rd day of February, 2022 by and between City of
Round Rock of Williamson County, Texas (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 a political subdivision if the State of Texas, governed by a Board of Trustees.
2. The Organization is a conservation and reclamation district of the State of Texas.
3. The Organization desires to use District buses and drivers for lawful transportation purposes.
4. The District possesses the authority, conditioned by state law, to permit non -school use of its
school buses. The statutory authority for non -school use of school buses is found at Texas
Education Code §34.010.
5. The District has adopted a policy that specifies conditions for any non -school use 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:
I. RENTAL
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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 shall 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 $32.50 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. The Organization shall pay the rental fee and hourly wages
to the District for each use of the bus within thirty (30) days after receipt of an invoice for
payment.
11. TIME OF PERFORMANCE
Dates of Performance
The District shall furnish drivers and buses for use by the Organization commencing
July 1, 2022 and ending June 30, 2023. The District shall cause its drivers to drive the school
buses to locations and times specified by the Organization during this period.
IIl. USE OF VEHICLES
Number of Vehicles
The number of school buses covered by this Agreement is the number requested by
the Organization up to four (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
The 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
(a) To the extent authorized by Texas law, 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-oti ned bus except to the extent caused by the negligent acts or omissions of the District
or its driver.
(b) The Organization agrees to provide liability insurance or risk pool coverage for the
amounts no less than the statutory limits of school district liability for motor vehicle injuries.
The maximum liability of the District under the Texas Tort Claims Act is: $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 § 10 1.00 1 et sea) Written proof of such insurance or
risk pool 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.
VI1. VENUE AND CHOICE OF LAW
This Agreement has been executed in Williamson County, Texas, and shall be
governed by the laws of the State of Texas.
VI11. ENFORCEABILITY, AMENDMENT
The provisions of this Agreement shall insure to the benefit of and shall be binding
upon the assigns, successors, and personal representatives of each 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: District: Alicia Petersen 'ii 512-428-2386
EXECUTION
IN WIT-NESS WHEREOF, the parties hereto have executed this Agreement to be effective as
of this day2
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(-AUTHORIZED SCHOOL OFFICIAL
ROUND ROCK INDEPENDENT SCHOOL DISTRICT
CITY OF ROUND ROCK
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OFFICIAL FOR ORGANIZATION
ACTING WITH THE AUTHORITY OF AND ON
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ADDRESS OF ORGANIZATION:
221 East Main Street
Round R"k,TX 786,64
After execution,an original signature page should be sent by Organization to the District at
the following address.
Alicia Pete-i-sen
921 Luther Petersen PL
Round Rock, TX 78665
City of Round Rock
ITEM
OUND ROCK
Agenda Item Summary
Agenda Number:
Title: Consider executing agreement with RRISD for rental of RRISD school buses for
non -school use July 1, 2022 and ending June 30, 2023
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 4/29/2022
Dept Director: Rick Atkins, Director
Cost: $50,000.00
Indexes: General Fund
Attachments: LAF RRISD school bus rental 07.01.22-06.30.23, Round Rock Parks and Recreation
7 1-6 30 2023
Department: Parks & Recreation
Text of Legislative File CM-2022-106
This item is a contract agreement for Round Rock ISD to provide transportation for non -school use during
the time frames of July 1,2022 - June 30, 2023.
Parks and Recreation provides a variety of youth programs throughout the year with a heavy emphasis
during the summer months (June - August). Summer operations include 7 Day Camps at 4 different sites
serving 295 campers weekly. Summer camp programming is offered in weekly sessions providing care
Monday - Friday, lam - 6pm. Summer camp programming consists of weekly themes offering a variety of
safe, structured, and fun activities including small group games, sports, cooking, crafts, fieldtrips,
educational lessons and creating unforgettable summer memories. Summer operations are typically 12
weeks. There are times where field trip schedules, participant needs and bus driver availability require the
assistance of additional transportation support.
The Adaptive Summer Day Camp serving youth, teens and young adults ages 5 21 years with special
needs is a key function for this contract service to assist. The Parks and Recreation Baca bus only has the
capability to transport two wheelchair participants and when converted to this seating function, you lose 6
traditional seats. During our camp operations there are many times that we have more participants with
mobility assisted devices that we need the specialized buses from Round Rock ISD in order to transport our
entire camp to/from their field trips, making sure all are included.
Oty of Round Rock Page 1 of 2
Agenda item Summary Continued (CM-2022-100)
The cost will vary pending use and needs of this contract. This agreement states that fees will be $1.70 per
mile and hourly rate of $32.50 with a two-hour minimum booking.
Cost: Not to exceed $50,000
Source of Funds: General Fund
City of Round Rock Page 2 of 2