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TO PROVIDE THE OPERATION AND MAINTENANCE OF THE EQUIPMENT AND SERVICE i " i. , I A G R E E MEN T ~ THIS AGREEMENT made and entered into this I~ day of ~ ~, 1982, between PINELLAS SUNCOAST TRANSIT AUTHORITY, a public agency of the State of Florida, hereinafter referred to as "PSTA" and THE CITY OF CLEARWATER, a Florida Municipality, hereinafter referred to as "CITY." WHEREAS, THE CITY will furnish a trolley bus to provide a specialized transit service to the public to serve the Clearwater Beach community; and WHEREAS THE CITY desires to engage PSTA to provide the operation and maintenance of the equipment and service to meet the schedules established by the CITY: and .,#",,,, WHEREAS, the parties agree to enter into an agreement setting forth the obligations and duties of the parties to meet the objectives of this project. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree: 1. THE CITY will provide a vehicle to meet the routes and schedules that may be required from time to time at no cost to PSTAfor a period of twelve months. 2. PSTA will provide a driver, insurance, fuel, tires, regular vehicle maintenance and similar normal operating costs for the operation of the trolley bus to and from such points along and over such routes and at the times as established by the CITY and approved by PSTA for safety and opera- tion needs. 3. THE CITY agrees, in consideration of the services rendered by PSTA under this agreement, to pay the PSTA at one-half (1/2) of PSTA's average fiscal year to date cost per vehicle mile for each mile operated from the time of leaving the garage and until the vehicle returns to the garage. For billing purposes, the average cost per vehicle mile used will be for the period ending on the month prior to the month being billed. Payments to PSTA shall be made within 10 days after receipt of monthly invoices. 4. The drivers to be furnished for the operation of the vehicles by PSTA shall be as provided under the labor contract between PSTA and Amalgamated Transit Union and the labor services provided shall be subject to the terms of that agreement. The drivers provided by PSTA shall be attired in the regular PSTA uniform. -1- (){) '/./7" (J ("\:) " < \. ., I I .. -' 11. Both parties hereto recognize that PSTA while engaged in carrying on and complying with any of the terms and conditions of this agreement, is an independent contractor and is not an officer, agent, or employee of the CITY. 12. The willful violation of any of the terms and conditions herein by either party hereto shall terminate this agreement, and it shall be of no force and effect whatsoever. 13. Neither this agreement nor any part hereof nor any money due or to become due hereunder may be assigned without the approval of the other party. 14. This agreement may be varied, extended, modified, or altered by the mutual consent of the parties hereto. No alteration, extension, modification, or variation of the terms of this agreement unless made in writing and signed by the parties hereto will be effective. IN WITNESS WHEREOF, the parties hereto execute this agreement the day and year first above written. - . --- PINELLAS SUNCQ'A.ST TRANSi~ AUTHORITY By UJ~ -~I! ~~ ~ - ,-' Attest: -~ -, ~- - - . -' ~- --~- - . ------ B Atte;,e~L~ City Clerk -3-