Harris v. School Bd. of Duval County

921 So. 2d 725, 2006 WL 354267
CourtDistrict Court of Appeal of Florida
DecidedFebruary 17, 2006
Docket1D05-0984
StatusPublished
Cited by11 cases

This text of 921 So. 2d 725 (Harris v. School Bd. of Duval County) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. School Bd. of Duval County, 921 So. 2d 725, 2006 WL 354267 (Fla. Ct. App. 2006).

Opinion

921 So.2d 725 (2006)

Cecelia W. HARRIS d/b/a C.W. Harris Bus, Leon C. Harris, d/b/a L.C. Harris School Bus, Renee Harris d/b/a Renee Harris School Bus, Robin Harris d/b/a Robin Harris School Bus, Ruth Harris d/b/a M.C. Harris Bus Service, Inc., Janice Johnson d/b/a J.R. Johnson Bus, Inc., Appellants,
v.
SCHOOL BOARD OF DUVAL COUNTY, Florida, Appellee.

No. 1D05-0984.

District Court of Appeal of Florida, First District.

February 17, 2006.

*726 Albert H. Mickler, Esquire of the Law Offices of Mickler & Mickler, Jacksonville, for Appellants.

William R. Mabile, III, Esquire and William D. Horgan, Esquire of Fuller, Johnson & Farrell, P.A., Tallahassee, for Appellee.

BENTON, J.

Plaintiffs below, former school transportation contractors who sought to recover damages as partial reimbursement for moneys they expended to purchase school buses, appeal the trial court's grant of summary judgment against them and in favor of the Duval County School Board. We affirm.

For decades, rather than buying its own school buses and hiring its own school bus drivers, the School Board has contracted with individuals and other private entities to transport students to and from schools. Deposition testimony dated the first of such contracts to shortly after World War II, when the School Board asked people to purchase buses and provide student transportation on a contract basis, so the School Board would not have to buy several buses at once itself.

*727 This initial decision led to a succession of annual contracts between individual transportation contractors and the School Board,[1] contracts which were renegotiated and entered into anew each school year. By contracting year after year, deposition testimony indicated, at least one appellant had been providing bus transportation services to the School Board from the start of the 1957-1958 school year until the 2000-2001 school year came to a close, and with it the era in which school transportation contracts were let without competitive bidding. None of the appellants was awarded a contract for the 2001-2002 school year.

I.

After taking office in August of 1998, a new superintendent convened a special task force to review the cost efficiency of the School Board's bus transportation program. Among other things, the task force recommended implementing a competitive bidding procedure to ensure the School Board got the lowest price for transportation services. The report also projected cost savings, estimating that using "national contractors" could save the School Board between three and seven million dollars a year.

The School Board then requested an opinion from the City of Jacksonville's office of the general counsel as to whether the School Board was required by law to bid the school transportation contracts competitively. The office of the general counsel rendered an opinion on April 17, 2000, that school transportation contracts were not exempt from competitive bidding requirements.

Accordingly, the School Board implemented a competitive bidding process for the 2001-2002 school year, dividing the county up into five geographic areas for purposes of competitive bidding.[2] The local contractors were too small to bid on contracts to provide such extensive transportation services on their own, but some of the local contractors combined to make consolidated bids. In the aggregate, bids submitted by entities comprised of former local bus transportation providers were millions of dollars higher than their competitors'. Not one combination of former local bus transportation contractors submitted a winning bid.

II.

Each of the contracts the appellants had last signed, entitled "2000-2001 Contract for Transportation of School Children," took effect "the 1st day of July, 2000" and expired "June 30, 2001." Designated "Contractor" in the form agreement, each appellant undertook to operate approved buses on assigned routes. The contracts provided:

The Contractor shall transport public school students by bus, for the period of time hereinafter specified, over an assigned route(s), and for other approved school transportation needs as may be required. No specific route(s) shall be *728 guaranteed to any Contractor at any time.[3]

The contracts required each appellant to operate buses on a specific time schedule, provided by the School Board's Department of Transportation,[4] and to keep records of the trips.

A.

Contractors had to register all bus drivers with the transportation office. Each driver had to be licensed, and had to keep licensing and certain other information on file in the transportation office. Bus drivers had to be approved by the Superintendent of Schools, and the contractor had to require drivers to attend safety and training meetings required by the Superintendent.

The contracts established requirements for the buses, including inspections. No bus provided by a contractor was allowed to transport students until the bus was approved by the Superintendent of Schools (or his designee). Each contractor had to see that the bus was inspected monthly. The contracts provided:

Failure of a bus to pass inspection, or any safety or any mechanical failure that requires the removal of the bus from service,[[5]] and when not replaced by the Contractor's own backup bus or a bus approved by the Director of Transportation, or his designee, shall result in a pro rata deduction and loss of compensation to the Contractor for the period of time the bus is out of service.

All buses were subject at all times to inspection by the Superintendent. The contracts required each contractor to procure workers' compensation coverage, and required the School Board to procure automobile liability insurance coverage for bodily injury and property damage in specified amounts.

The contracts addressed student discipline, and conferred on bus drivers the same powers of control as teachers, except that drivers were not allowed to punish school children. (The bus driver had to report misbehavior to the principal.) Section "L" of the contracts was devoted to the employment of bus attendants.

No one had authority to modify the contracts except the School Board by order. The contractor was not free to sell, assign or transfer a contract without prior written consent of the School Board: a contract would have terminated if it had been *729 sold, assigned or transferred without the School Board's consent. If assigned with the School Board's consent, all rights and obligations under the contract would have survived the assignment intact.

The contracts allowed the School Board to suspend a contractor for failure to comply with any of the contract terms, or in the event a contractor was charged with a felony or with any misdemeanor that seriously affected the best interests of the School Board. If any contractor had actually been convicted of a felony, the contract was to have been terminated. Even conviction of a misdemeanor could have supplied grounds to terminate the contract.

The contracts allowed the School Board to cancel outright if it discontinued a bus route to consolidate routes, close a school, or discontinue a grade, class, or program.

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Bluebook (online)
921 So. 2d 725, 2006 WL 354267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-school-bd-of-duval-county-fladistctapp-2006.