VEHICLE USE AGREEMENT (5)
VEHICLE USE AGREEMENT
This agreement, entered into this 13th Day of May, 2003 by and between the SCHOOL BOARD
OF PINEL LAS COUNTY, FLORIDA, hereinafter referred to as the "School Board," and the City of
Clearwater, a Florida municipality, 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 2003 - May 2004,
for the purpose of transporting school-age children, with chaperones, who participate in Clearwater
programs.
2. That transportation is for the sole purpose of transporting school-age children, with chaperones, who
participate in the above programs to and from various locations in Pinellasand adjacent counties.
3. That the bus or buses will be operated by an employee of the School Board, who is licensed to drive a
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. That Clearwater shall pay to the School Board, for the use of said school bus service, a sum, per bus of
$18.20 per hour to include 15 minutes before and 15 minutes after trip charge; plus .90 per mile for all
trips, with a minimum charge of four hours.
5. That pursuant to the provisions of section 1006.261 (2) (a), Florida Statutes, Clearwater shall, to the
extent of the Florida statute 768.28, and in accordance with Florida Statute 1006.261(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 that 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.
Further, it is agreed that indemnification shall include, in addition to any sums paid to the claimant,
reasonable attorney fees, litigation costs, or other charges sustained by the School Board as a direct result
of negligence or intentional conduct of Clearwater, its agents, servants, employees, or guests.
Clearwater's obligation to indemnify and set forth in this paragraph shall pertain only to Clearwater's
obligation to indemnify the School Board for issues of third-party liability and shall not obligate'
Clearwater to pay or reimburse the School Board for damage to the School Board's property whether the
property is covered by insurance 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.
Vehic1e Use Agreement
Clearwater
Page 2 e
1 ()o~.~U,1
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 2.3A-:-2+t(2)(b) Florida Statutes, together with a
certificate of insurance or a policy declaration page showing any additional applicable liability insurance
maintained by Clearwater.
IN WITNESS WHEREOF, the pfu'"ties have executed this agreement at Largo, Pinellas County, Florida, the
date first above written.
ATTEST:
(
THE SCHOOL BOARD OF
PINELLA~S COUNTY, FLORIDA
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Chairman
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SUPERINTEN ENT
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APPROVED AS TO FORM
By
Municipality:
City of Clearwater
By:
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(see signature sheet)
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countersi~
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Bl-ia . Angst I
Mayor-Commissioner
CITY OF CLEARWATER, FLORIDA
BY:~-.A.~~
William B. Horne, II
City Manager
Approved as to form:
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Laura LiP~
Assistant City Attorney
Attest: