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CM-2024-121 - 4/12/2024The State of Texas § County of Williamson § School Bus Use Agreement This Agreement is entered into as of the 6th of March 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: 1. RENTAL &f, 2z,--2 4-12-1 2 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 $39.38 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 May 24, 2024 through August 7, 2024 . 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. 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. Cancellation Policy and Fee Any Cancellations made after May 15, 2024 will incur a charge equivalent to the full cost of the scheduled trip. This policy applies even when canceling a single bus from a multi -bus scheduled trip. 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 § 10 1.00 1 et seg.) 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 42` iof 2024. AUTHORIZE SCHOOL OFFICIAL ROUND ROCK INDEPENDENT SCHOOL DISTRICT City of Round Rock X IAL FOR ORGANIZATION ACTING WITH THE AUTHORITY OF AND ON BEHALF OF ORGANIZATION ADDRESS OF ORGANIZATION: 221 East Main St 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