THE CITY WILL FURNISH A TROLLEY BUS TO PROVIDE A SPECIALIZED TRANSIT SERVICE TO THE PUBLIC TO SERVICE THE BEACH COMMUNITY
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A G R E E MEN T
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~HIS AGREEMENT made and entered into this ~ day of
, 1984, between PINELLAS SUNCOAST TRANSIT AUTHORITY,
a ubI c 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 forther 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 PSTA.
Termination of this agreement may be made by either party by providing
a written notice sixty (60) days prior to the date of termination.
2. PSTA will provide a driver, insurance, fuel, tires, regular
vehicle maintenance and similar normal operating costs for the opera-
tion 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 operation 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 "mtil 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 ten (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 subj ect to the terms of that agreement. The
drivers provided by PSTA shall be attired in the regular PSTA
uniform.
S. PSTA, while in the performance of duties under .this agree-
ment, shall comply with and observe all the provisions of any Federal,
State and Local laws applicable to the providing of mass transit service.
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6. THE CITY shall establish such routes and bus stops along
such routes subject to the approval by PSTA for safety and opera-
tional time requirements. Any such change of an approved route
and times shall require thirty (30) days notice to PSTA. Any
expansion of. route or routes beyond the initial route. and schedule
established under this agreement shall require the mutual approval
of the parties.
7. The parties agree that no transfers, tickets, tokens, or
passes shall be valid or used as between the CITY routes and
schedules and the regular PSTA routes and schedules. If the CITY
elects to charge a fare, such fare shall not exceed the current
PSTA fare.
8. In the event that the vehicle furnished by the CITY has
a breakdown or is unable to operate to meet its schedule or route,
the PSTAwill furnish a regular PSTA bus temporarily, such bus to
be identified by a sign placed in the front windshield noting it
as "FREE SHUTTLE." If the vehicle provided by the CITY is unavail-
able for operation for reasons other than normal maintenance, PSTA
will provide a regular bus as a replacement vehicle and the CITY
will pay Fifty ($50) Dollars per day for such vehicle.
9. The parties agree that the CITY leased vehicle may be
chartered when not scheduled on its scheduled route. The charter
rate shall be at an amount determined by the regular charter rate
of PSTA.
10. PSTA shall maintain liability insurance coverage for any
damage to property or injury to persons related to this contract in
an amount not less than the statutory limitation provided under
Chapter 768.28(5), Florida Statutes, 19B3, and shall indemnify the
CITY against all liability or loss, and against all claims or actions
based upon or arising out of damage or injury to persons or property
caused by the performance of this agreement to the extent of the
limits of said coverage. Further, PSTA shall be responsible for
repairs to the trolley bus up to the amount of Five Thousand ($5,000)
Dollars on accidents which are unreumbursed by lnsurance coverage.
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. This agreement shall be for a period of twelve (12) months
from the date of commencement of services under this agreement and
shall automatically renew for a like term under the same terms and
conditions thereafter, unless there is a notification of termination
by either one of the parties sixty (60) days preceding the end of
any such .term.
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13. 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.
14. Neithe.r 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.
15. 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 SUNCOAST TRANSIT AUTHORITY
BY:
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APPROVE/
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ATTEST:
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BY:
ATTEST:
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. ..' 'ciTY CLERK
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