14-M-Attachment M- Sample Vehicle Use Agreement.pdf

Federal ID.:

Vehicle Use Agreement

THIS AGREEMENT made as of the ____ day of ____________2026, between the

COUNTY OF ROCKLAND, a municipal corporation of the State of New York, with offices at

Allison-Parris County Office Building, 11 New Hempstead Road, New City, New York 10956

(hereinafter referred to as “COUNTY”) and _____________ (hereinafter referred to as

“CONTRACTOR”).

The COUNTY through the Department of Public Transportation owns all buses identified in the annexed Schedule “_” (hereinafter referred to as the “VEHICLES”), and desires to enter into this Agreement with the CONTRACTOR for the CONTRACTOR to possess, operate, maintain, repair and use the VEHICLES in support of the operation of the COUNTY’s bus services for the public as set forth in, and required by, that certain Agreement for the performance of services, between the COUNTY and the CONTRACTOR, dated _________ 2026, (the

“Operating Agreement”).

CONTRACTOR shall possess, operate, maintain, and use the VEHICLES solely to continue to operate the COUNTY’s bus service for the public, as set forth in the Operating

Agreement, but for no other purpose whatsoever and for no other benefit whatsoever to any other persons or entities, unless directed to do so by COUNTY, (CONTRACTOR being expressly forbidden to use the VEHICLES for purposes such as, but not limited to, charter, school, or other non-commuter uses). CONTRACTOR shall properly and fully maintain and operate the

VEHICLES under this Agreement in accordance with all requirements and regulations of the New

York State Department of Transportation (“NYSDOT”), and all applicable Federal statutes, rules, and regulations as more fully set forth below and in the Operating Agreement for the Transport of

Rockland (“TOR”) Bus Services.

The use of the VEHICLES as set forth herein shall continue in full force and effect while

CONTRACTOR continues to provide bus service operations pursuant to the Operating Agreement for the TOR Bus Services. CONTRACTOR shall operate and maintain the COUNTY bus fleet and provide bus transportation for the residents of the COUNTY surrounding areas pursuant to the

Operating Agreement. Said Operating Agreement is expressly incorporated into and made a part of this Agreement.

CONTRACTOR recognizes that all VEHICLES owned and registered by the COUNTY as set forth on the annexed Schedule “_”, are provided by the COUNTY to the CONTRACTOR solely to support the operation of the COUNTY’s bus service. The VEHICLES delineated on

Schedule “_” shall be maintained in a state of good repair by the CONTRACTOR. The

CONTRACTOR is required to provide a suitable maintenance facility and storage area for the

COUNTY’s VEHICLES. Indoor storage is not required; however, it is preferred. Preventive maintenance inspections and repairs shall be conducted by the CONTRACTOR in accordance with industry standards and the maintenance schedules outlined and suggested by the original

Attachment "M" manufacturer of the VEHICLES, as supplemented by the standards and schedules of equipment suppliers for systems installed on the VEHICLES, and the standards of the NYSDOT. The

CONTRACTOR shall submit all COUNTY-owned VEHICLES for NYSDOT safety inspection every six months, or as required by NYSDOT, and it is expected that each VEHICLE shall pass this safety inspection. Should the CONTRACTOR submit a VEHICLE to NYSDOT that does not pass the safety inspection, the CONTRACTOR, at its costs, shall take all steps required to repair the VEHICLE and bring the VEHICLE into compliance with NYSDOT standards and then submit for re-inspection of said VEHICLE until such time that the NYSDOT safety inspection is passed and an applicable NYSDOT windshield sticker is secured and placed on the individual

VEHICLE’s windshield.

CONTRACTOR shall be responsible for timely and properly submitting all warranty claims and arranging for all warranty repairs to be performed by a local area service provider as identified in the COUNTY bus procurement contract. The COUNTY requires the CONTRACTOR to make every effort to maximize warranty coverage and to fully utilize all warranties provided with the purchase of a new bus in the COUNTY fleet. If a warranty or warranty claim is void, denied or not submitted in a timely manner due to negligence or lack of maintenance, the

CONTRACTOR shall purchase the remainder of the warranty from the OEM in order to cover the time that was lost due to negligence or lack of maintenance, or cover any costs arising from negligent warranty administration. Warranty credits received as a result of warranty claims shall accrue to and be utilized in support of COUNTY-owned VEHICLES only.

In the event a VEHICLE is involved in an incident/accident, the CONTRACTOR shall notify the COUNTY’s Commissioner of Public Transportation or designee as soon as possible and within 48 hours of said incident/accident and provide all details, in writing, pertaining to the incident/accident (such as a description of the incident/accident, injuries, fatality, damage, etc.).

CONTRACTOR shall be responsible upon receipt of an insurance claim to provide written notification of the claim together with a copy of the settlement to the COUNTY. Notification is to be made to the COUNTY’s Commissioner of Public Transportation or designee.

In the event a VEHICLE is determined to be damaged beyond repair, a certified professional opinion/damage and repair estimate shall be forwarded to the COUNTY’s

Commissioner of Public Transportation or designee. All insurance proceeds not used for the repair of a VEHICLE shall be paid to the COUNTY, minus appropriate expenses (towing, site cleanup, etc.) as determined by the COUNTY’s Department of Public Transportation. The CONTRACTOR shall submit any and all receipts to the COUNTY for review.

In the event the VEHICLE is repairable, the afore-mentioned procedure does not apply. In such instances, a copy of the repair estimate and final invoice from a certified professional/business and a copy of the insurance check shall be provided to the COUNTY within 24 hours of the

VEHICLE’s return to revenue service. Any and all insurance or other proceeds remaining that are above the cost of the complete VEHICLE repair shall be paid to the COUNTY.

Nothing in this Agreement shall diminish or alter, in any way, any terms of the Operating

Agreement for services provided by the CONTRACTOR for the TOR Bus Services.

CONTRACTOR shall comply with all Federal, State and local laws and regulations applicable to this Agreement.

CONTRACTOR shall not assign, sublet or transfer or otherwise dispose of its interests in this Agreement without the prior written consent of COUNTY, which consent may be withheld for any reason whatsoever.

This Agreement and any action hereunder shall be governed by the laws of the State of

New York, and the venue of any litigation shall be either, as applicable, Rockland County or the

United States District Court for the Southern District of New York located in White Plains, County of Westchester, New York.

This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may not be modified except if such modification is in a writing signed by the parties.

INTENTIONALLY LEFT BLANK

[Signatures appear on the next page.]

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written.

DEPARTMENT OF GENERAL SERVICES CONTRACTOR

DIVISION OF PURCHASING

(Approved for signature of

County Executive)

By: _____________________________ By: _______________________

Director of Purchasing

Dated: __________________________ Dated: ____________________

DEPARTMENT OF PUBLIC

TRANSPORTATION

By: _____________________________

Commissioner

Dated: __________________________

DEPARTMENT OF LAW COUNTY OF ROCKLAND

By: _____________________________ By: _______________________

Principal Assistant County Attorney County Executive

Dated: __________________________ Dated: ____________________