VEHICLE USE AGREEMENT (16)VEHICLE USE AGREEMENT
THIS AGREEMENT, entered into • this 9T/4 day of u 4- 620/7 by and between THE SCHOOL
BOARD OF PINELLAS COUNTY, FLORIDA, hereinafter re'-rred to as the "School Board," and the
CS /CL Wnunicipal corporation, hereinafter referred to as "User ". The parties agree as follows:
1. The School Board will provide shuttle bus transportation to User for the contract period ending August 23, 2017
for the purpose of transporting school -age children, with chaperones, who participate in User's sponsored programs.
User shall make all requests for specific uses during the contract period to the School Board's Transportation
Department, who will determine whether buses are available pursuant to paragraph 3 below.
2. Transportation is for the sole purpose of transporting school -age children, with chaperones, who participate in User's
sponsored programs to and from 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's Transportation Department shall be the final authority as to the availability of buses.
4. (A) User shall pay to the School Board, for the use of said school bus service that begins weekdays before 4:00 p.m.,
a sum per bus of the current rate per hour to include 15 minutes before and 15 minutes after the use, plus the surcharge
rate per mile. There shall be a minimum charge of two hours. The current rate per hour and surcharge rate per mile
will be that rate used by the School Board, in its sole discretion, as of the date of the bus usage. User may investigate
the current rates by either contacting the School Board's Transportation Department or visiting their
http://webtrips.pinellas.k12.fl.us/webtrips/
(B) If requests extend to service that begins weekdays after 4:00 p.m., weekends and any non - school day, User shall
pay a sum per bus of the current rate per hour to include 30 minutes before and 30 minutes after the use, plus the
surcharge rate per mile. There shall be a minimum charge of four hours. The current rate per hour and surcharge rate
per mile will be that rate used by the School Board, in its sole discretion, as of the date of the bus usage. User may
investigate the current rates by either contacting the School Board's Transportation Department or visiting their
http://webtrips.pinellas.k12.fl.us/webtrips/
(C) "Weekend" is defined as a Saturdays and Sundays. "Weekend" shall also include Fridays during the time that the
School Board is on its summer calendar schedule. "Weekday" is defined as all days not meeting the definition of
"Weekend ". "Non- school day" is defined as a weekday when students are not scheduled to attend classes.
5. This agreement is made pursuant to section 1006.261, Florida Statutes, and the parties agree that they will comply
with the provisions therewith, except that School Board and User hereby agree to indemnify each other for claims
brought against the indemnified party only to the extent that the claims are found to result from the sole negligence of
the indemnifying party, its governing body, or its employees. This indemnification shall not be construed to be an
indemnification for the acts or omissions of third parties, independent contractors or third party agents of the parties.
This indemnification shall not be construed as a waiver of the parties' sovereign immunity, and shall be interpreted as
limited to only such traditional liabilities for which the parties could be liable under the common law interpreting the
limited waiver of sovereign immunity. Any claims against the indemnified party must comply with the procedures
found in §768.28, Florida Statues. In order to comply with the requirements of § 129.06, Florida Statutes, and Article
VII, section 10 of the Florida Constitution, the value of this indemnification is limited to the lesser of the amount
payable by either party under the substantive provisions of this Agreement, or the limitations of §768.28, Florida
Statutes. In addition, this indemnification shall be construed to limit recovery by the indemnified party against the
indemnifying party to only those damages caused by indemnifying party's sole negligence, and specifically not
include any attorney's fees or costs associated therewith.
The User will provide a certificate of the required liability insurance showing the School Board of Pinellas County,
Florida as an additional insured or a certificate of self - insurance to the School Board prior to the time of any
transportation under 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
By:
Attest:
4
Organization
hairperson Organization Name
SuperintendenW, Print Name and Title
Approved as to form:
Sc
u)
rney's Office Signature
Bus Use Agreement - Municipalities
MAY - 9 2017
City Signature Page for
Vehicle Use Agreement between
The School Board of Pinellas County, Florida and City of Clearwater
Countersigned:
ct-e D/W\ VtOf
George N. Cretekos
Mayor
Approved as to form:
atthew M mith
Assistant City Attorney
CITY OF CLEARWATER, FLORIDA
By: _4) Auvi. Miituo-Zr
Attest:
William B. Horne, II
City Manager
Rosemarie Call
City Clerk