Agenda 05/13/2013 Item #16D 45/14/2013 16.D.4.
EXECUTIVE SUMMARY
Recommendation to approve two (2) Agreements with the District School Board of Collier County
for transportation services for county recreation program participants at an estimated annual cost
of $40,000.
Obiective: To obtain cost - effective and reliable transportation services for Collier County Parks
and Recreation program participants.
Considerations: For the past twenty four years, Collier County has entered into a transportation
agreement with the District School Board of Collier County for the transportation of participants
of County recreation programs. Participants are typically taken from their base locations to
educational and recreational attractions throughout the area. Most summer program participants
go on one field trip each week. One thousand two hundred and twenty (1220) children were
registered last year in the full summer camp program. Once executed, the Summer Agreement
will be effective from June 11 until August 10, 2013 and the Student School Year Agreement
will be effective until June 4, 2013.
Although we have made attempts to utilize other vendors; the School Board is the provider that
can meet the transportation needs of the Parks and Recreation Department programs in a safe,
reliable, and cost - effective manner for the wellbeing of the participating children.
The Parks and Recreation Department will use the services of School Board transportation under
the provisions of Option A of the Agreement; wherein the School Board will provide buses and
drivers at a rate of $30.00 per hour plus $2.73 per mile for the summer program; and a rate of
$37.80 per hour plus $2.73 per mile for the school year program. This rate is calculated from the
time the bus leaves the transportation barn to the time of its return.
Fiscal Impact: Funds are budgeted in association with each camp location within FY 13 MSTD
General Fund (I 11) Naples and Immokalee Parks. Total expense associated with this action is
estimated at $40,000. Revenue in the form of program participant fees is budgeted to recover the
expense.
Growth Management Impact: No Growth Management Impact is associated with this action.
Legal Consideration: This item has been reviewed by the County Attorney. These agreements
are substantially identical to what the parties have customarily used, and are legally sufficient.
This item requires majority vote for approval. —JAK
Recommendation: That the Board of County Commissioners approve and authorize the
Chairwoman to sign the Transportation Agreements with the District School Board of Collier
County for the transportation of County program participants.
Prepared by: Natali Betancur, Operations Analyst, Parks and Recreation Department
Attachments: 1) Student School Year Transportation Agreement, 2) Student Summer
Transportation Agreement
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5/14/2013 16.D.4.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.4.
Item Summary: Recommendation to approve two (2) Agreements with the District School
Board of Collier County for transportation services for county recreation program participants
at an estimated annual cost of $40,000.
Meeting Date: 5/14/2013
Prepared By
Name: BetancurNatali
Title: Operations Analys, Parks & Rec -NCRP Admin
4/4/2013 11:38:34 AM
Submitted by
Title: VALUE MISSING
Name: McPhersonJeanine
4/4/2013 11:38:35 AM
Approved By
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
Date: 4/5/2013 4:41:03 PM
Name: AlonsoHailey
Title: Operations Analyst, Public Service Division
Date: 4/22/2013 2:27:50 PM
Name: CarnellSteve
Title: Director - Purchasing /General Services,Purchasing
Date: 4/23/2013 3:22:54 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/24/2013 4:01:37 PM
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Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/26/2013 9:09:46 AM
Name: OchsLeo
Title: County Manager
Date: 5/2/2013 11:14:35 AM
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5/14/2013 16.D.4.
5/14/2013 16.D.4..
STUDENT SUMMER TRANSPORTATION AGREEMENT
THIS AGREEMENT made for the 2013 Summer School Recess, by and between the District School Board of
Collier County, Florida ( "the School Board ") and Board of County Commissioners, Collier County, Florida
("'the County").
WHEREAS, Chapter 1006 of the Florida Statutes authorizes local School Boards to enter into Agreements
with nonprofit corporations and nonprofit civic associations and groups for the transportation of school age children
for activities sponsored by these Organizations, and
WHEREAS, the County is a nonprofit corporation, nonprofit civic association, or governing body of a
municipality, county, or state agency duly authorized to enter into this Agreement and bind the County thereto, and
WHEREAS, the School Board has the right to restrict dates, times and locations.
WHEREAS, the School Board desires to assist the County in pr viding transportation to school age
tras
children for activities sponsored by the County on the te and conditions seorth herein, and
WHEREAS, this Agreement contemplates two (2) use options with concomitant reimbursement from the
County to the School Board.
IT IS THEREFORE AGREED: that the School Board shall provide buses, drivers and Exceptional
Student Education (' "ESE ") attendants to the County in accordance with the terms of this Agreement. For the
purposes of this Agreement, an "operated mile" is defined as every mile driven for each bus operated in support of
the County's program, whether with passengers or not, and to include necessary trips to and from a School Board
Transportation Department facility. Mileage will be recorded and billed by the School Board and will be paid as
billed by the County. The parties further agree as follows:
Option A — Bus and Driver
a. County shall reimburse the School Board for each vehicle with driver at the rate of $30.00
per hour and $2.73 per operated mile for each bus.
b. County will be billed a minimum of two hours plus mileage for each vehicle and driver.
TT-111WIZ76 =i, i R1
a. County shall reimburse the School Board at the rate above plus an additional $21.60 per
hour for an attendant.
3. The rates described in paragraph 1a above are based on conditions current as of February 15,2013.
In the event that these conditions change, for example, increased fuel or labor costs, the School
Board shall have the right to pass those increased costs on to the County in the form of an increase
in the rates shown in paragraph to above.
4. The County agrees that in the event of a cancellation, the School Board will be given at least 24
hours advance notice. In the event that notice of cancellation issued to the School Board is less
than 24 hours, a 2 hour charge per vehicle will be due and payable to the School Board.
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5/14/2013 16.D.4.
5. Payment for services rendered or due shall be biped by the School Board by the 10" of each month
and paid by the County by the 30" of each month. PaymentshaIl be made in compliance with
Chapter 218, Florida Statutes, the 1=W Government Prompt Payment Act.
6. By entering into this Agreement, you agree to indemnify and hold harmless the School Board from
liability resulting from any injury or accident during the process of transportation and its officers,
board members, agents and employees from and against any and all fines, suits, claims, demands,
penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions of
whatever kind or nature, attorney's fees and costs are excluded (and costs and fees on appeal), and
damages (including, but not limited to, actual and consequential damages) arising from any
negligent, willful or wrongful misconduct, knowing misrepresentation or breach of the Agreement
by such party, its officers, board members, agents or employees. The foregoing aside, this
paragraph shall not be construed in any way to alter the State's waiver of sovereign immunity or
extend the parties liability beyond the limits established in Section 768.28 Florida Statutes.
7. The County agrees that at all times material to this Agreement, it shall provide liability insurance
coverage in the minimum amounts of $1,000,0(}0 on any claim or judgments and $2,000,000 on all
claims and judgments arising from the same incident occurrence. The County shall present proof
of insurance coverage beforeapproval of this Agreement by the Board.
S. The County agrees that there shall be no fee charged to passengers on the bus.
9. The use of vehicles by the County shall at all times be subject to the laws of the State of Florida,
the provisions of the Florida Administrative Code, and rules adopted by the School Board.
M The Agreement shall commence on the day and year signed by the agencies, not 'before June 10,
2013 arcs remains in effect through August 8, 2013.
11. County shall provide proof of its non -profit status prior to execution of this Agreement.
12. This Agreement represents the entire Agreement between the parties and may not be amended
except by written instrument signed by all parties hereto.
13. All the terms and provision of this Agreement shall be binding upon, inure to the benefit of, and be
enforceable by the parties and their legal representatives, successors and assigns.
2 6
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5/14/2013 16.D.4.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year signed by the agencies.
i
The District School Board of Collier County, Florida
Date
David Ogilvie, Director of Transportation
Date!3
Tom Conrecode, Executive Director of Support Services
Al Date 13
J n Fis ane, District General Counsel
Signed in the Presence of: Board o f County Commissioners, Collier County,
Florida
Attested To By ( ,
Appro ed to and legal sufficiency:
Je
ffr-CYTIVRIZ kow
county Afthmey
By:
Title: Date
By:
Title: Date
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5/14/2013 16.D.4.
STUDENT SCHOOL YEAR TRANSPORTATION AGREEMENT
THIS AGREEMENT made for the 2012/20/3 School Year, by and between the District School Board of Collier
County, Florida ("the School Board") and Board of County Commissioners, Collier County, Florida ("the
County ").
WHEREAS, Chapter 1006 of the Florida Statutes authorizes local School Boards to enter into Agreements
with nonprofit corporations and nonprofit civic associations and groups for the transportation of school age children
for activities sponsored by these Organizations, and
WHEREAS, the County is a nonprofit corporation, nonprofit civic association, or governing body of a
municipality, county, or state agency duly authorized to enter into this Agreement and bind the County thereto, and
WHEREAS, the School Board has the right to restrict dates, times and locations.
WHEREAS, the School Board desires to assist the County in providing transportation to school age
children for activities sponsored by the County on the terms and conditions set forth herein, and
WHEREAS, this Agreement contemplates two (2) use options with concomitant reimbursement from the
County to the School Board.
IT IS THEREFORE AGREED: that the School Board shall provide buses, drivers and Exceptional
Student Education ( "ESE") attendants to the County in accordance with the terms of this Agreement For the
purposes of this Agreement, an "operated mile" is defined as every mile driven for each bus operated in support of
the County's program, whether with passengers or not, and to include necessary trips to and from a School Board
Transportation Department facility. Mileage will be recorded and billed by the School Board and will be paid as
billed by the County. The parties further agree as follows:
1. Option A — Bus and Driver
a. County shall reimburse the School Board for each vehicle with driver at the rate of $37:80
per hour and $2.73 per operated mile for each bus.
b. County will be billed a minimum of two hours plus mileage for each vehicle and driver.
2. Qption B — Bus Driver and ESE Attendant
a. County shall reimburse the School Board at the rate above plus an additional $32.40 per
hour for an attendant.
3. The rates described in paragraph l a above are based on conditions current as of August 6, 2012. In
the event that these conditions change, for example, increased fuel or labor costs, the SehooI Board
shall have the right to pass those increased costs on to the County in the form of an increase in the
rafts shown in paragraph la above.
4. The County agrees that in the event of a cancellation, the School Board will be ,given at least 24
hours advance notice. In the event that notice of cancellation issued to the School Board is less
than 24 hours, a2 hour charge per vehicle will be due and payable to the School Board.
r
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5/14/2013 16.D.4.!
5. Payment for services rendered or due shatI be billed by the School Board by the I& of each month
and paid by the County by the 30'b of each month. Payment shall be made in compliance with Ch.
218, Fla.Stat., the Local Government Prompt Payment Act.
6. By entering into this Agreement, you agree to indemnify and hold harmless the School Board from
liability resulting from any injury or accident during the process of transportation and its officers,
board members, agents and employees from and against any and all fines, suits, claims, demands,
penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions of
whatever kind or nature, attorney's fees and costs are excluded (and costs and fees on appeal), and
damages (including, but not limited to, actual and consequential damages) arising from any
negligent, willful or wrongful misconduct, knowing misrepresentation or breach of the Agreement
by such party, its officers, board members, agents or employees. The foregoing aside, this
paragraph shall not be construed in any way to alter the State's waiver of sovereign immunity or
extend the parties liability beyond the limits established in Section 768.28 Florida Statutes.
7. The County agrees that at all times material to this Agreement, it shall provide liability insurance
coverage in the minimum amounts of $1,000,000 on any claim or judgments and $2,000,000 on all
claims and judgments arising from the same incident occurrence. The County shall present proof
of insurance coverage before approval ofthis Agreement by Board.
8. The County agrees that there shall be no fee charged to passengers on the bus.
9. The use of vehicles by the County shall at all times be subject to the laws of the State of Florida,
the provisions of the Florida Administrative Code, and rules adopted by the School Board.
10, The Agreement shall commence on the day and year signed by the agencies, not before August 20,
2012, and remains in effect through June 7, 2013.
11. County shall provide proof of its non -profit smuts prior to execution of this Agreement.
12. This Agreement represents the entire Agreement between the parties and may not be amended
except by written instrument signed by all parties hereto.
13. All the terms and provision of this Agreement shall be binding upon, inure to the benefit o , and be
enforceable by the parties and their legal representatives, successors and assigns.
2
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5/14/2013 16.D.4.
I
IN WITNESS WHEREOF, the parties have executed this Agreement on'the day and year signal by the agencies.
The District School Board of Collier County, Florida
Date
David Ogiivie, Director of Transportation
Tom Conrecode, Executive Director of Support Services
4 7
13ate1 J.D }
Fishbane, District Genera! Counsel
Signed in the Presence of: Board of County Commissioners, Collier County,
Florida
Attested To By (_ } By.
Title: Date
Tom: Date
Appr ve as to form and legal sufficiency:
Je a latzkow
Co un ttorney
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