THE CITY HAS/WILL LEASE A TROLLEY BUS TO PROVIDE A SPECIALIZED TRANSIT SERVICE
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A G R E E MEN T
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THIS AGREEMENT made and en tered into this ~/h. day of
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, 1982, between CENTRAL PINELLAS TRANSIT AUTHORITY,
a public agency of the State of Florida, hereinafter referred to
as "CPTA" and THE CITY OF CLEARHATER, a Florida Municipality,
hereinafter referred to as IlCITyll.
llliEREAS, THE CITY has leased or will lease a trolley bus from
THE JOLLY TROLLEY COMPANY, 1689 U.S. Highv;ay 19 South, Clean-Jater,
Florida 33516, to provide a specialized transit serVlce to the
public to serve the Clearwater Beach community; and
\~HEREAS THE CITY desires to engage CPTA to provide the
operation and maintenance of the equipment and service to meet the
schedules established by the CITY; and
WHEREAS, the parties agree to enter ~nto an agreement setting
forth the obligations and duties of the parties to meet the
objectives of this project.
NOW, THEREFORE, in consideration of the covenants and con-
ditions set forth herein, the parties agree:
1. THE CITY will provide a vehicle to meet the routes and
schedules that may be required from time to time at no cost to
CPTA for a period of six months.
2. CPTA will provide a driver, insurance, fuel, tires,
regular vehicle maintenance and similar normal operating costs for
the operation of the trolley bus to and from such points along and
over such routes and at the times as established by the CITY and
approved by CPTA for safety and operation needs.
3. THE CITY agrees, in consideration of the serVlces rendeYE~
by CPTA under this agree~ent, to pay the CPTA at one-half (1/2) of
CPTA's average fiscal year to date cost per vehicle ~ile for each
mile operated from the ti~e of leaving the garage and until the
vehicle returns to the garage. For billing purposes, the 2\Eyage
t "'r '-'},J('le "ID'l-le ;.'50d ,...'il.,l 1De for
co 5" PL'. Ie , ' . _ _ - L ~ -
Ll'Je period cnding on tIle
,',onth prior to the month being billed.
F;~YFlcnts to CPTA s~211 be ::,coe by tile 10th of each ~jonth,
i.jpon receipt of monthly in\IOic'cs prlor to U:2t cate.
4. The dri vcrs to 1"-,,', [tonl} E!',cd [or t:';e c)l)era tion of ~:'he
'i;~l,s 1,.' C:T.\ :.l~"lJ
},t? :.~~~ ~'r:",-',\.~i(-1('ri
'l~lldE'r t"he 1allor ccn t",::c t
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between CPTA and Amalgamated Transit Union and the labor serVlces
provided shall be subject to the terms of that agreement. The
drivers provided by CPTA shall be attired in the regular CPTA
uniform. In addition, the drivers may be attired in a vest and
string tie if so desired by the CITY.
5. CPTA, while in the perforrr.ance of duties under this
agreement, shall comply with and observe all the provisions of any
Federal, State and Local laws applicable to the providing of mass
transit serVlce.
6. THE CITY shall establish such routes and to and from such
points along such routes subject to the approval by CPTA for safety
and operational time requirements. Any such change of an approved
route and times shall require thirty (30) days notice to CPTA.
fillY expansion of route or r01Jtes beyond the initial route and
schedule established under this agreement shall require the mutual
approval of the parties.
7. The parties agree that no transfers, tickets, tokens, or
passes shall be valid or used as between the CITY routes and '
schedules and the regular CPTA routes and schedules.
If the CITY elects to charge a fare, such fare shall not exceed the
current CPTA fare.
8. In the event that the vehicle furnished by the CITY has
a breakdo\.ffi or is unable to operate to meet its schedule or route,
the CPTA vn 11 furnish a regular CPTA bus temporarily, such bus to
be identified by a slgn placed in the front windshield noting it
as "FREE SHUTTLE".
If the 'Jehic Ie provided by the CITY is till-
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available for operation for reasons other than nor~al G2intenance,
CPTA ,,-"ill provide a regular bus as a replacc'ent vehicle end the
jil C'l"l~V ',.,..-".J..1 ~.)ay :,50.no
1 ~ ~ ~ ~ ?Er ~2Y for ~uch ~ehicle.
9. The parties 2grce ~~at t1e C1TY leased VEhicle Gay be
CIlartered '.."hen not sc;.ccculed on its sc!-,ccJuled TCt'te. 711e c11arter
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I T2.te 'Chall be at an ~,:' ~'::nt Cl-LCl.. ="ed 0)' c.f,e ~'c::gular d',arrer rate
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of Ci'T..'; phc5 72n DoJJaI's ($lO.GO) ;:.er jccur.
The CI'IY ~~2],1 be
crcoitcd '..'ith t;',e arc,O"_:ilt lEcc:-i',:eo rep:-2scltec by the additional
Tl"ll :)()I.1:~rs ($lC, UO) ;~(~r ;:"'.11' :,:',0 C?.:.~:... s~j21l l(~ct?l\.e such pc,rLioll
\..'I,icl, YI?}JreSLllt's its )l~L.uJ'or C~;cl;(:l' ;::,re.
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to l)C~"\.J;IS "'I~rl~LG ;C L~ji.c; .:-=-~-.L...-.~.:::::
FLj':C:l'lY 01:
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in the amount of Five Hundred Thousand Dollars ($500,000.00) each
person and One Million Dollars ($1,000,000.00) each occurrence for
personal injury and property damage liability in the amount of
One Hundred Thousand Dollars ($100,000.00) for each occurrence,
and shall inderrmify the CITY against all liability or loss, and
against all claims or actions based upon or arising out of damage
or lnJury to persons or property caused by the performance of this
agreement to the extent of the limits of said coverage. Further,
CPTA shall be responsible for repairs to the trolley bus up to the
amount of Five Thousand Dollars ($5,000.00) on accidents ,'Jhich are
unreimbursed by insurance coverage.
11. Both parties hereto recognlze that CPTA while engaged
In carrying on and complying with any of the terms and con~i~ions
of this agreement, is an independent contrac~or and is not an
officer, agent, or employee of the CITY.
" 12. The willful vio:"ation of any of the terms and condi tions
herein by either party hereto shall terminate this agreement, and
it shall be of no force and effect whatsoever.
13. Neither this agreement nor any part hereof nor any
money due or to become due hereunder may be assigned without the
approval of the other party.
14. This agreement may be varied, extended, modified, or
altered by the mutual consent of the parties hereto. No alter-
ation, extension, modification, or variation of the terms of this
agreement unless ~ade in writing and signed by the parties hereto
will be effective.
15. This agreement lS subject to the CITY entering into a
lease agncEJilc:::nt "lith t:,e JOLLY T':;OL'cEY CC:~'~i~Y, lt~ ~-uCC2ssor ,'--
2~~signs for the ]ease of tile -,:f:!-Jicle [,(cc,"Ccin :.c;-,d i,.cl',~::ed -!..n s,_:c;,
agree~ent that all lease ~aYj~ents for the ~ehjcle by the CITY 2le
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are to be paid to Jolly Trolley CO:o';:Jany, who)in turn, wiil tra;-.smit said payr"~:I~
to CPT,u, L'r.til ~uch ti",e as the o~ligotion of Jolly Trolley COI';Jc..,\y to CPTr~ hi':s
been fully pa; d.
Ir'~ \\'lrTi~~SS ~'~!~EFt~(jF, L=:-j~ 7:-:rt-_1.es ~~l~!.eto C::=.~;--CI_~te l_nis
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Agreement the day and year first above written,
Witnesses:
Now Known As:
Chairman
q1:~L
As to Authority
By
Attest: ~J( t: Dnt J!lIVI1
Secretary ~
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Attest:
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. \ City Clerk
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