VEHICLE USE AGREEMENT (6)
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VEmCLE USE AGREEMENT
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THIS AGREEMENT, entered into this "1 day of 3 t.l. ne..., 2004 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. The School Board will provide shuttle bus transportation for the month(s) of June 2004 - May 2005, for the
purpose of transporting participants in Clearwater's sponsored programs.
2. Transportation is for the sole purpose of transporting participants in Clearwater's sponsored programs to and
from various program locations in Pinellas and adjacent counties.
3. 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. (a) 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 weekday trips
that begin before 4 p.m., with a minimum charge of four hours.
(b) If 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 of the "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 1006.21 (2)(a), Florida Statutes, Clearwater shall, to the extent of
Florida Statute 768.28, and in accordance with Florida Statute 1006.21(2)(b), indemnify and hold harmless the
School Board by virtue of the use of the 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
Vehic1e Use Agreement
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payor 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.
IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the
date first above written.
THE SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA
CITY OF CLEARWATER
By: ~~Ji1~
BY:~.."- 11. ~.... 7t"
William B. Home II
City Manager
Attest:
Countersigned:
By: .::I f. tI#4 k
dan J. Aungst
Mayor
ATTEST:
BY:~"4A1{~ &ra ~
InA ia E. Goudeau 7. - -f'
U City Clerk .
Approved as to form:
By:
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L~a Lipowski
Assistant City Attorney
Vehic1e Use Agreement