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TO PROVIDE THE OPERATION AND MAINTENANCE OF THE EQUIPMENT AND SERVICE TO MEET THE SCHEDULES ESTABLISHED BY THE CITY " "~ , I :...'" AGREH1ENT THIS AGREEMENT made and entered into this 13th day of January ~ 1987. between PINELLAS SUNCOAST TRANSIT AUTHORITY, a public agency of the State of Florida, hereinafter referred to as "PSTA" and THE CITY OF CLEARl-IATER, a Florida Municipality, hereinafter referred to as "CITY". WHEREAS, the CITY desires to furnish trolley bus service to provide specialized transit service to the public to serve the Clearwater Beach community; and WHEREASt the CITY desires to engage PSTA to provide the operation and maintenance of the equipment and service to mpet the schedules established by the C ITV; 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. That two trolley buses obtained through Urban Mass Transportation Administration and Florida Department of Transportation funding ~Iith the local share paid by the CITY shall be used to meet the routes and schedules that may' be required from time to time under this agreement. In the event new or replacement trolley buses are to be purchased during the term of this agreement, such purchases shall be made and funded as provided above, if available. 2. PSTA will provide a driver, insurance, fuel, tires, regular vehicle maintenance and similar normal operating costs for the operation of each trolley bus to and from such points along and over such routes and at 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 its average fiscal year-to-date cost per vehicle mile (adjusted for Federal operating grant funds) for each mile scheduled to be operated from the time of leaving the garage until the. vehicle returns to the garage. Any additional miles operated over the scheduled miles will be billed at the same cost per vehicle mile. For billing purposes, the average cost per vehicle mile will be for the period ending at the end of 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 vehicle by PSTA shall be as provided under the labor services provided under the labor contract cr ';) /1 ,. ---I. -,' ',. ,/ 0J) , . c ::- . I I between PSTA and its certified 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 5. PSTA, while in the performance of duties under this agreementt shall comply with and observe all the provisions of any Federal, State and local laws applicable to the providing of mass transit service. 6. The CITY shall establish such routes and bus stops along such routes subject to the approval by PSTA for safety and operational time requirements. Any change of an approved route and time 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 trolley bus has a breakdown or is unable to operate to meet its schedule or route, the PSTA will furnish a regular PSTA bus temporarily, such bus to be identified by a sign placed in front windshield noting it as "FREE SHUTTLEII. If the trolley bus is unavailable for operations for reason other than normal maintenance, PSTA will provide a regular bus as a replacement vehicle and the CITY will pay Fifty Dollars ($50.00) per day for such vehicle. 9. The parties agree that the trolley bus may be chartered by PSTA when not scheduled on its scheduled route. The charter rate shall be the same as 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 amount not less than the statutory limitation provided under Chapter 768.28 (5), Florida Statutes, 1985t and shall indemnify the CITY against all liability or loss, and against any 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 Dollars ($5,000.00) resulting from accidents which are unreimbursed by insurance coverage. Nothing herein shall be deemed a waiver of any defense or limitation available to the CITY pursuant to Section 768.28, Florida Statutes. , ~ -. , ... I I 11. Both parties hereto recognize that PSTA, while engaged in carrying out and complying with 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 hereof, and shall automatically renew for a like term annually thereafter under the same terms and conditions, unless there is a noification of termination by either of the parties to the other not less than sixty (60) days preceding the end of any such term. 13. The willful violation of any of the terms and condtions hereof by either party hereto shall terminate this agreement and this agreement shall thereafter be of no force and effect. 14. 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. 15. This agreement may be varied, extendedt modified, or altered by the mutual consent of the parties hereto. No alterations, extensions, modifications, or variations of the terms of this agreement will be effective unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PINELLAS SUNCOAST TRANSIT AUTHORITY BY:tV~ /?~ Approved as to form ATTEST: ;.. - and correctne~s: r < . - // -* - ,-' COUNTE~I~~ /. ./ /// CITY OF CLEARWATER, FLORIDA ~i~~ Approved as to form ATTEST: and correctness: ~~ C!TY ATTORNEY - -~. - ~ .~ Q (\\_.. C' c ~~L. C!TY ~ERK - - ~ ' , '. . t"~ -". - ,~.,~~.~,-..,: '.':'- TO: FROM: COPIES: SUBJECT: DAtE: I Cyndie Goudeau, City Clerk CITY' OF CLEARWATER Interdepartment Correspondence Sheet Keith Crawford, Traffic Engineering Director Contract with PSTA (Jolly Trolley) January 14, 1987 RECEIVED ~AN 15 1981 CITY CLERK Attached is one fully executed agreement between the City andPSTA for operation of the trolley buses (Jolly Trolley), for your records. (b Attachment ..