VEHICLE USE AGREEMENT (2)
VEIDCLE USE AGREEMENT
This agreement, entered into this 21st Day of May, 2002 by and between the SCHOOL BOARD OF
PINELLAS COUNTY, FLORIDA, hereinafter refelTed to as the. "School Board," and the City of
Clearwater, a Flolida 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 2002 - May 2003,
for the purpose of transpOliing 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 Pinellas and 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.assignedby the Director of Transportation .or designee. Bllsesmay 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 234.211 (2) (a), Florida Statutes, Clearwater shall, to the
extent of the Florida Statute 768.28, and in accordance with Florida Statute 234.211(2)(b), indenmifyand
hold harmless the School Board by viliue 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, palinerships or other legal entities and shall include, in addition to any SUlns paid to the
claimant, any reasonable attomey's fees, litigation costs or other charges sustained by the School Boarel
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, l10twithstandingthe 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 calTier, 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 attomey 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 indenmify as set fOlih in this paragraph shall pertain only to Clearwater's
obligation to indenmify the School Board for issues of third-party liability and shall not obligate
Clearwater to 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 of tlus agreement.
Vehicle Use Agreement
City of Clearwater
Page 2
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
certificate of insurance or a policy declaration page showing any additional applicable liability insurance
maintained by Clearwater.
IN WITNESS WHEREOF, the parties have executed this agreement at Largo, Pinellas County, Florida, the
date first above written.
ATTEST:
TIlE SCIIOOI-l BOARD OF
:PIfNELLAS COUN'J'Y, FLORIDA
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,__ _, SUPERINT~ENT
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APPROVED AS TO FORM
Municipality: City of Clearwater
By:
(see signature sheet)
Approved as to form:
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'Jo~ear'a-ssis .
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
B~.~'1t
illiam B Horne II
City Manager
Attest:
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M Cynt ... . GoudeaU
U City Clerk