The Town of Florence (“Town”) through the Florence Police Department (“Department”) may provide traffic escorts for funeral processions held within the Department’s approved area subject to the following conditions:
- Processions may be escorted from the place of service (Church or other location) to a local cemetery via the most direct route, using Florence Police Volunteers / Police Officers as escorts (the “services”). Up to three volunteer / patrol units will be provided, with one unit following up at the end of the procession. The other two units will be used to block intersections and control traffic as required. Volunteers / Officers will be dressed in uniform, will be professional in manner, and will use any safety measures and procedures required to provide a safe escort.
UNCONDITIONAL WAIVER AND RELEASE OF ALL CLAIMS:
- The Applicant agrees to release the Town from any claims or causes of action as set forth in detail below, in exchange for the Town’s provision of the services. The Applicant does release, acquit, relinquish any and all rights, claims for relief and the like, demands, liens and forever discharges the Town of Florence and its officials, employees, volunteers, agents and representatives of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, attorneys’ fees, expenses and compensation whatsoever, which the undersigned now has/have or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen damages and/or injuries, whether arising at law, under contract, in tort, in equity, or otherwise, and the consequences thereof resulting or to result from the services which the Applicant has now, may have had or may hereafter have. The Applicant waives any and all claims of every type and description, known and unknown, which the Applicant may have against the Town of Florence and its officials, employees, volunteers, agents, representatives arising directly or indirectly in any manner from the services. This unconditional waiver and release applies to all facts, acts, events, circumstances, charges, constructive or actual, and the like which have occurred or may be claimed to have occurred. The Applicant freely and voluntarily chooses to accept the terms and conditions of this Waiver and Release Agreement in return for receiving the services from the Department. Applicant expressly waives and assumes risk for any and all claims for damages that exist as of this date, but of which Applicant does not know or suspect to exist whether through ignorance, oversight, error, negligence, or otherwise, which, if known, would materially affect Applicant’s decision to enter into this Agreement. Applicant assumes the risk that facts or law may be other than Applicant believes (the “Waiver and Release”). This Waiver and Release, on the part of the Applicant, shall be fully binding between the Applicant and the Town and their respective heirs, assigns and successors. .
FEES:
- The fee for services is $35.00 per hour (per car), with a minimum of 2 hours per car, and a minimum of 3 volunteer / patrol cars per funeral escort- for a total of $210.00 minimum charge per escort. The undersigned Applicant acknowledges and agrees to provide 24-hours’ notice to the Department of cancellation.
AGREEMENT SUBMITTAL:
An Applicant/funeral home desiring to obtain a funeral escort within the Town of Florence shall sign and file this agreement with the Department no less than 48 hours prior to the funeral service/procession. The Applicant must provide the information requested herein. Applicant shall provide and maintain insurance total coverage to be at a minimum insurance coverage specified herein: (i) Commercial General Liability in an amount of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) general aggregate; and (ii) Automobile Liability in an amount of not less than One Million Dollars ($1,000,000) per occurrence; and (iii) Statutory Worker’s compensation. Applicant shall name the Town of Florence, its Mayor and council members, agents, officers, volunteers, employees, and representatives as additional insureds on all policies except Worker’s Compensation and shall specify that the insurance afforded by Applicant shall be primary insurance and that any insurance coverage carried or self-insured by Town, any department or employee or volunteer shall be excess coverage and not contributory insurance to that provided by the Applicant. Said policy shall contain a severability of interest provision.
INDEMNITY:
The Applicant shall at all times indemnify, pay, defend and save harmless the Town and any of its Mayor and council members, agents, employees, volunteers, representatives from any and all claims, demands, suit actions, proceedings, loss costs and/or damages of every kind and description including any attorney’s fees and/or litigation expenses which may be brought or made against or incurred by Town on account of loss of or damage to any property or for injuries to or death of any person caused by, arising out of, or contributed to, in whole or in part, by reason of any alleged act, omission, professional error, fault, mistake, or negligence of the Applicant in connection with this Agreement.
The form below, which is a Hold Harmless Agreement against the Florence Police Volunteers / Patrol Officers must be completed for an escort.
