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CM-2023-089 - 4/28/2023 The State of Texas § County of Williamson§ School Bus Use Agreement This Agreement is entered into as of' the 27th day of Mareb, 2023 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 ally 11011-SC11001 use of its school buses. RRISD Policy CNC. TERMS OF THE AGREEMENT In consideration of the mutual prornises 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 $2.00 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 $37.50 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. II. TIME OF PERFORMANCE Dates of Performance The District shall furnish drivers and buses for use by the Organization commencing July 1, 2023, and ending August 6, 2023. The District shall cause its drivers to drive the school buses to locations and times specified by the Organization during this period. III. 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. Idenlitv 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 -owned 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 §101.001 el srq,) 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. VII. 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. VIII. 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 @ 512-428-2459 X. EXECUTION IN WITNESS WHEREOF,the parties hereto have executed this Agreement to be effective as of this day A or. 2023. AUTHORIZEIJ SCHOOL OFFICIAL ROUND ROCK INDEPENDENT SCHOOL DISTRICT CITY OF ROUND ROCK X OFFICIAL FOR ORGANIZATION ACTING WITH THE AUTHORITY OF AND ON BEHALF OF ORGANIZATION ADDRESS OF ORGANIZATION: 221 East Main Street Round Rock,TX 78664 After execution,an original signature page should be sent by Organization to the District at the following address: Alicia Petersen 921 Luther Petersen PL Round Rock,TX 78665 City of Round Rock ROUND ROCK Agenda Item Summary Agenda Number: Title: Consider authorizing agreement with RRISD for rental of school buses for non school use July 1, 2023 and ending ALigust 6, 2023 Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/28/2023 Dept Director: Rick Atkins, Parks and Recreation Director Cost: Indexes: General Fund Attachments: City of Round Rock Parks and Recreatio-1 Contract - RRISD Bus Usage Department: Parks & Recreation Text of Legislative File CM-2023-089 This item is an contract agreement for Round Rock ISD to provide transportation for non -school use during the time frames of July 1, 2023 - August 6, 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, field trips, 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 loose 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. The cost will vary pending use and needs of this contract. This agreement states that fees will be $2.00 per mile and hourly rate of $37.50 with a two hour minimum booking. Cost: Varies Source of Funds: General Fund City of Round Rock Page I of I