SHUTTLE BUS RENTAL AGREEMENT
THIS AGREEMENT is entered into by and between the STATE OF OREGON acting by and through the STATE BOARD OF HIGHER EDUCATION on behalf of OREGON STATE UNIVERSITY and its TRANSIT AND PARKING SERVICES, 101 Adams Hall, Corvallis, OR 97331 (OSU), and ______________, ____________________________________________________________________, (RENTER). WITNESSETH: WHEREAS, RENTER has need of shuttle bus services; and WHEREAS, OSU has shuttle bus services available and is willing to allow RENTER to use these services; NOW THEREFORE, in consideration of the mutual premises hereinafter contained, the parties agree to the following conditions: 1. OSU will provide shuttle bus services to the RENTER listed in Appendix A. 2. RENTER agrees to the services listed in Appendix A. 3. RENTER agrees to the terms and conditions listed in Appendix B. The terms and conditions are made a part of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
RENTER:
STATE OF OREGON ACTING BY AND THROUGH THE STATE BOARD OF HIGHER EDUCATION ON BEHALF OF OREGON STATE UNIVERSITY
________________________________ Signature Date
________________________________ Kelly Kozisek Procurement and Contract Manager ________________________________ Printed Name 1
_______________________________ Printed Name
SHUTTLE BUS AGREEMENT APPENDIX A
Renter Contact Person: _____________________________ Phone: ______________ Name of Group: ________________________________________________________ Date of Trip: ___________________ Number of passengers: _____________ Number of buses: _________________
Destination and route: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ Place to board: _____________________________________________________________________ Loading time: _____________ Leaving time: __________ Return time: ____________ Tentative, will confirm by: ___________________ Confirmed trip: Yes _____ No ______ Price quote: (includes travel time to & from bus garage & cleaning) ____________ Send invoice to the following: Name of event: _________________________ Department: ____________________ Address: ______________________________ Contact: _______________________ City/State/Zip: __________________________ Index Code:____________________ Remarks: _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
2
SHUTTLE BUS AGREEMENT APPENDIX B STANDARD TERMS AND CONDITIONS
RELATIONSHIPS - OSU and RENTER intend that their relationship at all times and for all purposes under this Agreement be independent. Neither party is to be considered an agent or employee of the other party for any purpose. EXCUSE FOR NONPERFORMANCE - Neither party shall be held in default for delay or failure to perform caused by unforeseeable events which are beyond the control of the party and which are substantially of the following nature: labor dispute, acts of God, legal acts of public entities, or unusually long delays by public carriers. INSURANCE - UNIVERSITY is self-insured as described in ORS 278.425 and ORS 278.435 for its tortious liabilities, including personal injury and property damage. The limits of liability for this coverage, as established by ORS 30.270, are $50,000 for property damage, $200,000 for general and special damages, and $500,000 per occurrence. For RENTER's tortious acts RENTER shall secure at its own expense and keep in effect during the term of this Agreement, general liability insurance, including contractual liability and completed operations, with minimum limits of $1,000,000 per occurrence. This insurance policy is to be issued by an insurance company authorized to do business in the State of Oregon. INDEMNITY - RENTER shall save, defend, indemnify, and hold harmless OSU, and its officers, agents, employees, and members from all claims, suits, and actions of whatsoever nature resulting from or arising out of the activities of RENTER or its subcontractors, agents, or employees acting under this Agreement. STATE WORKERS' COMPENSATION ACT - RENTER, its subcontractors, if any, and all employers providing work, labor or materials under this Agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.017, which requires said employers to provide locally available state workers' compensation coverage for all their subject workers. Out-of-state employers must provide Oregon Workers' Compensation coverage for their workers who work in Oregon. TAX COMPLIANCE CERTIFICATION - RENTER hereby affirms, under penalty of perjury, as provided in ORS 305.385(6), that to the best of RENTER's knowledge, RENTER is not in violation of any of the tax laws described in ORS 305.380(4). TERMINATION - This Agreement may be terminated immediately by mutual consent of both parties or by either party upon 30 days notice. This Agreement may be terminated for default by either party upon ten (10) days written notice. GOVERNING LAW - This Agreement shall be governed and construed in accordance with the laws of the State of Oregon. Any suit for enforcement shall be filed in the Circuit Court for Marion County, Oregon. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE IF MADE SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. OWNER, BY HIS/HER SIGNATURE ON THE REVERSE SIDE, ACKNOWLEDGES THAT HE/SHE HAS READ THIS AGREEMENT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
3