VEHICLE USE AGREEMENT (4)
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AG_REEME!i'!:
THIS AGREEMENT ,made and entered into this ; 7.._ day of n1A'1 ' 1992,
by and between the CITY OF CLEARWATER, F'LORIDA, a municipal corporation,
hereinafter referred to as CITY and the SCHOOL BOARD OF PINELLAS COUNTY,
hereinafter referred to as BOARD.
WIT N E SSE T H:
WHEREAS, the CITY is desirous of using school buses and drivers for
various field trips; and
WHEREAS, the BOARD is desirous of allowing the CITY to use school buses
and drivers for such field trips,
NOW, THEREFORE, In consideration of the covenants herein contained and
other good and valuable consideration, the BOARD and the CITY mutually agree
as follows:
1. The term of this agreement shall be for a period of one year
commencing on .Iuna 1, 1992, nnd enr.:'~n9 on Hay 31, 1993.
2. The CITY, no later than May 31, 1992, shall supply to the BOARD an
advance schedule of field trips for the summer months which schedule shall
begin no earlier than June 8, 1992, and end no later than August 14, 1992.
During the normal school year the BOARD agrees to provide buses as they may be
available.
3. The BOARD recognizes that the CITY will occasionally find it
necessary to make adjustments in the schedule. Adjustments shall be made as
follows:
A. Before 5:00 p.m. on each Wednesday during the sumnler months (June,
July, August), the city shall deliver to the BOARD any adjustments
to the next week's schedule.
B. Any cancellation notice shall be given ~t least 24 hours prior to
the time of the scheduled trip that is to be canceled. When 24 hour
notice is given pursuant to this provision, there will be no charge
for the canceled trip. If less than 24 hour notice is given with
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regard to a cancellation, the CITY will reimburse the BOARD for any
charge incurred by the BOARD with respect to the late cancellation
provided that such charge shall in no event be greater than the
charge that the BOARD would have required the CITY to pay for the
canceled field trip transportation had the field trip occurred.
4. The amount billed to the CITY by the BOARD for buses and drivers for
the field trips shall be limited to the following:
A. Buses: ~ cents per mile traveled on the trip
B. Driverl3: .19.00 pe.r hour sp':mt on the field trip (four-hour mInlmurri)
5. Drivers provided by the BOARD will be paid for a minimum of four
consecutive hours when buses are scheduled for use and actually used. The
shuttling of children will be permissible during this scheduled time.
6. At the end of each month during the term of this agreement, the
BOARD shall bill the CITY for the use of the buses and for driver ~osts for
each field trip for which transportation was provided by the BOARD during the
past month. The BOARD shall also include in its monthly bill any cancellation
fees that were generated during the past month pursuant to paragraph 3B above.
The CITY shall render payment to the BOARD within 21 days of the receipt of
the bill.
7. The BOARD shal+ supply buses and drivers pursuant to the advance
schedule as amended by the weekly adjustments.
8. Drivers provided by the BOARD will be certified, qualified drivers
with appropriate chauffeur's license.
9. The BOARD will not be required to supply buses or drivers for field
trips that have a length of more than 100 miles one way.
10. Buses supplied by the Board will be kept in safe working condition.
11. The CITY will assume all responsibility for supervision of children
during field trips.
12. All notices, schedules, requests for payment and payments required
under this agreement shall be delivered to the CITY and the BOARD through the
following designated representatives:
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BOARD
James Gray
11111 S. Belcher Road
Laroo. Florida 34620-2198
CITY:
steve Mill~Ch~. Parks & Rec. Dept.
P.O. Box 4748
Clearwater, Florida 34618
13. The BOARD will provide the City with a list of policies and
procedures concerning proper conduct of riders of buses and the CITY
participants and personnel will follow these policies and procedures.
14. In the event of a breakdown of a bus, the BOARD will provide a spare
bus as needed to transport riders.
15. The BOARD will be responsible for all repairs and maintenance of
buses.
16. The parties agree to the extent allowed by law, that each will save
the other harmless on account of the negligent acts of its employees, servants
or agents.
17. Unforeseen questions shall be resolved through negotiation between
the Superintendent and City Manager, or their designees, in writing.
18. Where there has been a non-emergency breach of this agreement, the
agreement may be terminated upon written notice being given to the breaching
party that they have five (5) days to cure the breach and upon their failure
to cure the breach within the five (5) days. In the event a breach is
extremely serious, willful or creates an emergency, the non-breaching party
may terminate the agreement immediately by giving written notice to the
breaching party.
19. At the expiration of this agreement the BO.APD and the CITY shall
have the option of renewing this agreement from year to year on the same terms
and conditions except for such changes in the amount to be charged by the
BOARD for use of buses and drivers (Item 4). Either party may express their
intent to renew by giving notice to the other party at lease sixty (60) days
prior to the expiration date of this agreement or any renewal thereof. If
prior agreement on renewal or on the terms of renewal cannot be reached, this
lease or any renewal thereof will terminate on the last day of the term then
in effect.
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IN HJTNESS HllmUH I the pat,ties hereto hilvc execuLed this Agreement the day
and year first written.
I "tn Garvey
Mayor-Commissioner
Cl1{1~r ,Cl,E^,~WATER, FLORIDA
BY~~
Michael J
City Mana}er
M tes t:
Form and
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T,IiE,N i~I,I~ GOARD OF \>,1 NELL/,S
n:~~I;r~" ,~
Chairrllan
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ecretary ~
Viitnesses:
As to School Board
Date