"Agreement Between the Kansas Department of Labor and Driver of State Vehicle" - Kansas

Agreement Between the Kansas Department of Labor and Driver of State Vehicle is a legal document that was released by the Kansas Department of Labor - a government authority operating within Kansas.

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DIRECTIVE NUMBER 200-14-05
DATE: February 15, 2013
TO: All Components of the Department of Labor
FROM: Lana Gordon, Secretary of Labor
SUBJECT: Unauthorized Passengers in State-Owned or Rented Motor Vehicles
Purpose. To reiterate to Agency employees that state-owned or rented vehicles are
restricted to use for state business only.
Reference. Memorandum from Department of Administration (D of A), Division of
Facilities Management, 8-5-94.
Policy. Except for designated Van Pool vehicles, the use of any state-owned or rented
vehicle is restricted to state business only. Likewise, passengers in the vehicle must
also be engaged in official state business, whether or not the passengers are state
employees. This is necessary because improper use of state vehicles, specifically the
transporting of unauthorized passengers, may subject the State of Kansas to liability
should the state vehicle be involved in an accident.
K.S.A. 1-17-2 provides in pertinent part as follows:
"State owned or leased motor vehicles shall only be used for official state business."
K.A.R. 1-17-1 in turn defines official state business as:
"the pursuit of a goal, obligation, function, or duty imposed upon a state agency or
performed on behalf of a state agency. "
K.A.R. 1-17-2 restricts ridership in state vehicles as follows:
"Only employees of the state or persons reasonably engaged in and accompanying a
state employee or employees on official state business shall be allowed to ride in a
state-owned or leased motor vehicle."
"On-line Department of Administrations Handbook" provides similar language in
sections 3200,
http://www.da.ks.gov/ar/employee/travel/travbk.htm#Paragraph3200
Employees are reminded that these sections prohibit an employee’s spouse or children,
as well as other unauthorized riders, from accompanying the employee in an agency-
owned vehicle or Hertz rental vehicle.
Page 1 of 4
DIRECTIVE NUMBER 200-14-05
DATE: February 15, 2013
TO: All Components of the Department of Labor
FROM: Lana Gordon, Secretary of Labor
SUBJECT: Unauthorized Passengers in State-Owned or Rented Motor Vehicles
Purpose. To reiterate to Agency employees that state-owned or rented vehicles are
restricted to use for state business only.
Reference. Memorandum from Department of Administration (D of A), Division of
Facilities Management, 8-5-94.
Policy. Except for designated Van Pool vehicles, the use of any state-owned or rented
vehicle is restricted to state business only. Likewise, passengers in the vehicle must
also be engaged in official state business, whether or not the passengers are state
employees. This is necessary because improper use of state vehicles, specifically the
transporting of unauthorized passengers, may subject the State of Kansas to liability
should the state vehicle be involved in an accident.
K.S.A. 1-17-2 provides in pertinent part as follows:
"State owned or leased motor vehicles shall only be used for official state business."
K.A.R. 1-17-1 in turn defines official state business as:
"the pursuit of a goal, obligation, function, or duty imposed upon a state agency or
performed on behalf of a state agency. "
K.A.R. 1-17-2 restricts ridership in state vehicles as follows:
"Only employees of the state or persons reasonably engaged in and accompanying a
state employee or employees on official state business shall be allowed to ride in a
state-owned or leased motor vehicle."
"On-line Department of Administrations Handbook" provides similar language in
sections 3200,
http://www.da.ks.gov/ar/employee/travel/travbk.htm#Paragraph3200
Employees are reminded that these sections prohibit an employee’s spouse or children,
as well as other unauthorized riders, from accompanying the employee in an agency-
owned vehicle or Hertz rental vehicle.
Page 1 of 4
K.A.R. 1-17-1 and 1-17-2 permit the use of state-owned or rented motor vehicles by an
officer or employee of the state of Kansas on official state business. As amended, non-
state employees can be permitted to use state vehicles for official state business if
approved by the Secretary of designee.
Non-State employees must comply with all regulations concerning the operation of state
vehicles. The agency, the driver and any contractor/grant recipient or other third party
overseeing the driver will be required to sign an agreement authorizing use of a state
vehicle. The agreement subjects the driver to the provisions of 1-17-1 as well as other
regulations and statutes associated with the use of the state vehicle. In addition, non-
state employees using a state-owned or leased motor vehicle will agree to hold
harmless and indemnify the State from all damages, judgments, attorney fees or costs
of any type incurred as a result of negligent or improper use of the vehicle.
The Secretary or designee must approve in advance all operation of state vehicles by
non-state employees. A copy of the approved form is to be sent to the Chief Financial
Officer, 401 SW Topeka Blvd., Topeka, Kansas 66603.
Action Required. All employees are to adhere to the contents of this Directive.
Inquiries. Dawn Palmberg, Fiscal Management, 785-296-5000 x2551.
Attachment. Agreement between State Agency and Driver of State Vehicle.
Lana Gordon, Secretary of Labor
Signature on file
Rescissions: 200-12-02
Expiration Date: Continuous
Page 2 of 4
Agreement Between the Kansas Department of Labor
and Driver of State Vehicle
State-owned or operated motor vehicles are restricted to state use only. Passengers
must also be engaged in official state business. Improper use of state vehicles,
including transporting unauthorized passengers, may subject the State of Kansas to
liability. 'Official state business' means the pursuit of a goal, obligation, function or duty
imposed upon a state agency or performed on behalf of a state agency.
This Agreement is entered into between the Kansas Department of Labor identified
below as party of the first part, the driver(s) and/or contractor identified below as party
of the second part and driver.
Whereas the first party enters into this agreement authorizing the second party to use
a state vehicle.
It is Mutually Agreed as follows:
The second party agrees that this agreement is subject to the provisions of K.S.A. 8-
301 and K.A.R. 1-17-1 et seq. that are in effect at the time of the execution of this
agreement or as may be changed during the term of this agreement. Specifically, the
second party shall have a valid driver's license and shall only use the state vehicle as
directed by the state agency for official state business.
The nature and purpose of the official state business requiring use of a state vehicle is
as follows:
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
Prior to use of the state vehicle, the name of the second party of this vehicle shall be
submitted to the Secretary of Labor or designee for approval. The second party shall
not use the state vehicle prior to receipt of approval. The second party shall not permit
any other drivers to operate the vehicle except to the extent that same have been
approved by the Secretary of Labor or designee in advance and listed at the end of
this form.
A mileage and maintenance log shall be continued to be maintained.
Any accidents of any type to or involving the vehicle will be immediately reported to the
Kansas Department of Labor.
Page 3 of 4
The second party agrees to indemnify and hold harmless the state agency from all
damages, judgments, attorney fees or costs of any type incurred as a result of the
second party's negligent or improper use of the vehicle. Where there are multiple
parties of the second part, such parties are jointly and severally liable. This paragraph
shall not be applicable to amounts for which the state indemnifies an employee
pursuant to K.S.A. 75-6101 et seq.
The operator of a state-owned or operated motor vehicle shall be responsible for
operating the vehicle in a safe and prudent manner and in accordance with all
applicable county, township, city ordinances and state laws pertaining to the operation
of motor vehicles. Any fines or penalties arising from the operation of a state-owned or
operated motor vehicle in an unlawful manner shall be and are the responsibility of the
operator.
The second party agrees to return the state vehicle immediately to the state agency if
any of the above terms are breached.
Signed by the respective parties as follows:
_________________________________
__________________________________
Authorized Signature
Signature
_________________________________
___________________________________
Printed Name of Signatory
Printed Name of Signatory
Party of the First Part
Party of the Second Part
Date:
______________
Date:
______________
The following are additional parties of the second part who are authorized to use the
state vehicle and have agreed to the terms and conditions of this contract:
DATE
NAME
ADDRESS
SIGNATURE
Page 4 of 4