VEHICLE USE AGREEMENT (3)
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VEmCLE USE AGREEMENT
This agreement, entered into this 26th Day of June, 2001 by and between the SCHOOL
BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter referred to as the "School Board," and the
CITY OF CLEARWATER, a Municipal Corporation, hereinafter referred to as "Clearwater". The
parties agree as follows:
1. That the School Board will provide shuttle bus transportation for the month(s) of June 2001 - May
2002, for the purpose of transporting participants in Clearwater-sponsored programs,
2. That transportation is for the sole purpose of transporting participants in the above programs to and
from various locations in Pinellas and adjacent counties,
," -cJ~- Tha,Uh~ bu.sj)rbu.s~!;Lwil]be operat~dbyaJ:Lemp loye_e oftheJ~~hQoLBQar.d, who islic~n.~ed_ tQ'cdriV.!::JL
school bus, and shall be assigned by the Director of Transportation or designee. Buses may be used
under this agreement only if they are available at the times requested, and such use shall not interfere
with or impair regular school transportation, The School Board shall be the final authority as to the
availability of buses,
4. (a) That Clearwater shall pay to the School Board, for the use of said school bus service, a sum, per
bus of $12,50 per hour to include 15 minutes before and 15 minutes after trip charge; plus ,90 per
mile for weekday trips that begin before 4 p,m" with a minimum charge of four hours,
(b) Should requests extend to service, that begins after 4 p,m. the expense will include a minimum
charge of four hours, and a sum per bus of $18,75 per hour to include 30 minutes before and 30
minutes after trip charge; plus ,90 per mile for the trips that begin after 4 p.m, weekdays, weekends,
and any non-school day,
(c) "Weekend" is defined as a Saturday and Sunday, except during the time that the School Board is
on its summer calendar schedule, Friday will be considered part ofthe "weekend," "Non-school" day
is defined as a weekday wherein students are not scheduled to attend classes,
5, That pursuant to the provisions of section 234.211 (2)(a), Florida Statutes, Clearwater shall, to the
extent provided for in Florida Statute 768,28, Florida Statutes, and in accordance with Florida Statute
234.211(2)(b), indemnify and hold harmless the School Board by virtue of the use of school buses as
heretofore agreed upon, Said indemnification shall include but not be limited to any loss which the
School Board may suffer as a result of any claim, action, or lawsuit which may be brought against the
School Board by any person or persons, corporations, partnerships or other legal entities and shall
include, in addition to any sums paid to the claimant, any reasonable attorney's fees, litigation costs
or other charges sustained by the School Board as direct result of any such claim or claims,
It is further understood and agreed that the obligation and duty of indemnification shall be
enforceable by the School Board, notwithstanding the fact that any claim or claims may be resolved
by mutual agreement between the School Board and any insurance company, trust or other business
entity providing insurance coverage to the School Board, and the person or persons making said
claim or claims provided tbt the School Board shall not settle any such claims without the consent of
Clearwater and its applicable insurance carrier, which consent shall not be unreasonably withheld.
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Vehicle Use Agreement
Clearwater
Page 2
Further, it is agreed that indemnification shall include, in addition to any sums paid to the claimant,
reasonable attorney fees, litigation costs, or other chaTges sustained by the School Board as a direct
result of negligence or intentional conduct of Oearwater, its agents, servants. employees, or guests.
Clearwater's obligation to indemnify as set forth in this paragraph shall pertain only to Clearwater's
obligation to indemnify School Board for issues of third-party liability and. shall not obligate
Oesrwater to payor reimhmse School Board for damage to School Board property whether that
property is covered by insw:ance or is self-insured by the School Board. This section shall not be
construed as waiving any defenses or limitation that Clearwater may have against any claim. or cause
of action by any person not a party to this Agreement.
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6. That Clearwater shall provide to the School Board a letter of self-insurance or self-funding with.
respect to all applicable liability insurance required by section 234.211(2)(b), Florida Statutes, together
with a certiticate of insurance or a copy of the policy declaration page showing any additional
applicable liability insurance maintained by Clearwater.
IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pincllas County,
Florida, on the date first above written. .
THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA
CITY OF CLEARWATER
Countersigned:
By: #~ ~ ? ,;)v,s! ~
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upertntendent
7th~
Approved As To onn
(SEE ATTACHED SIGNATURE PAGE)
Mayor-Commissioner
City Manager
City Clerk
City Attorney
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CITY SIGNATURE PAGE FOR VEHICLE USE AGREEMENT DATED
, 2001.
CITY OF CLEARWATER, FLORIDA
BY~'P~__ ~.A."JI:
illiam B. Horne, II
Interim City Manager
Approved as to form:
Attest:
m.~.~
Assistant City Attorney
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Cyn~ ia E. Goudeau
City" lerk
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