Agenda 04/24/2018 Item #16E104/24/2018
EXECUTIVE SUMMARY
Recommendation to approve Amendment No. 13 to the Agreement with Collier County District
School Board for the Driver Education Program.
OBJECTIVE: To allocate Driver Education Grant funds to supplement driver education for public and
private high school students.
CONSIDERATIONS: On July 29, 2003, the Board adopted Ordinance No. 2003-39, entitled “Dori
Slosberg Driver Education Ordinance” to authorize the collection of a surcharge on all civil traffic
penalties in county court to supplement driver education funds and to establish the Driver Education Trust
Fund (173). This Ordinance was amended by Ordinance No. 2007-39 on April 24, 2007 (Item 17A)
based on changes to Florida Statutes. The Board further approved grant program procedures on October
14, 2003 that authorize the County Manager, or designee, to solicit grant applications and to negotiate a
grant agreement with any eligible applicants.
The Grant Program is set up for funds collected as of February 1 to be advertised to all el igible entities.
Applications are due by March 31. If applicable, staff reviews the expenditure report from the previous
year’s program and any necessary references to carry over funds from the previous year in the agreement
for the current year.
The 2018/2019 Grant Program guidelines and applications were sent to each of the private high schools
and the District School Board on February 1, 2018. A response was received only from the District
School Board to fund the summer driver education program for public and private Collier County
students, supplies, equipment and fuel for year-round Driver Education Programs and paraprofessionals to
assist in providing the minimum of 30% behind-the-wheel time for students at a cost of $110,000. The
Summer School program offered by the School District is also open to private high school students.
The District School Board has submitted an application thirteen years in a row for a Summer Program,
salaries for paraprofessionals, and purchase of equipment and materials to supplement annual
programming for the school year. The Program Year is typically July to June and is kicked off with the
Summer Driver Education Program.
The Project Report submitted for this year summarized the use of the funds through January 2018. The
District continues to expend the funds from that Program Year until it ends in June and then provides the
actual amount of carry forward funds in the Project Report. This was the case in the previous years and
due to the difference in our fiscal years and the summer schedule, will continue to be necessary in future
years. To account for the use of the carry forward funds each year, the District sets up a separate account
in their budget and expends those funds prior to expending funds allocated for the new Program Year.
The Project Report includes pages from the District budget identifying how the funds were expended.
The carry forward funds in fiscal year 2018/2019 are $ 29,918.
FISCAL IMPACT: If approved, funds in the amount of $110,000 will be provided within 45 days to the
District School Board from the Driver Education Trust Fund (173).
LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote
for Board action. - JAB
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
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04/24/2018
RECOMMENDATION: To approve Amendment No.13 to the Agreement with Collier County District
School Board for the 2018 Driver Education Grant Program.
Prepared by: Bendisa Marku, Senior Operations Analyst, Administrative Services Department
ATTACHMENT(S)
1. Driver Education_Agreement No.13 (PDF)
2. Driver Education_Application_Exhibit A (PDF)
3. Driver Education_Grant Program_Exhibit B (PDF)
4. Driver Education_Agreement as of 07_26_2005 (PDF)
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04/24/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1
Doc ID: 4943
Item Summary: Recommendation to approve Amendment No. 13 to the Agreement with Collier
County District School Board for the Driver Education Program.
Meeting Date: 04/24/2018
Prepared by:
Title: Operations Analyst, Senior – Administrative Services Department
Name: Bendisa Marku
04/10/2018 3:15 PM
Submitted by:
Title: Department Head - Administrative Svc – Administrative Services Department
Name: Len Price
04/10/2018 3:15 PM
Approved By:
Review:
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 04/10/2018 3:26 PM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 04/10/2018 3:31 PM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 04/10/2018 4:06 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 04/10/2018 4:51 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 04/11/2018 11:43 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 04/11/2018 2:31 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/16/2018 7:34 AM
Board of County Commissioners MaryJo Brock Meeting Pending 04/24/2018 9:00 AM
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Packet Pg. 1087
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Packet Pg. 1088 Attachment: Driver Education_Agreement No.13 (4943 : Driver's Education)
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Packet Pg. 1089 Attachment: Driver Education_Agreement No.13 (4943 : Driver's Education)
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Packet Pg. 1090 Attachment: Driver Education_Agreement No.13 (4943 : Driver's Education)
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Packet Pg. 1091 Attachment: Driver Education_Agreement No.13 (4943 : Driver's Education)
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Packet Pg. 1092 Attachment: Driver Education_Application_Exhibit A (4943 : Driver's Education)
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Packet Pg. 1093 Attachment: Driver Education_Application_Exhibit A (4943 : Driver's Education)
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Packet Pg. 1094 Attachment: Driver Education_Application_Exhibit A (4943 : Driver's Education)
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Packet Pg. 1095 Attachment: Driver Education_Grant Program_Exhibit B (4943 : Driver's Education)
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Packet Pg. 1096 Attachment: Driver Education_Grant Program_Exhibit B (4943 : Driver's Education)
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Packet Pg. 1097 Attachment: Driver Education_Grant Program_Exhibit B (4943 : Driver's Education)
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Packet Pg. 1098 Attachment: Driver Education_Grant Program_Exhibit B (4943 : Driver's Education)
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AGREEMENT BETWEEN COLLIER COUNTY
AND
DISTRICT SCHOOL BOARD OF COLLIER COUNTY
FOR DRIVER EDUCATION GRANT
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THIS AGREEMENT, is entered into this ,~I day of -.1u h... J , 2005 by and
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between Collier County, a political subdivision of the State of Florida, located at 3301 Tamiami
Trail E., Naples, Florida 34112, hereinafter referred to as "COUNTY", and the District School
Board of Collier County, located at 5775 Osceola Trail, Naples, Florida 34109, hereinafter
referred to as "SCHOOL BOARD."
WHEREAS, Section 318.1215 of the Florida Statutes, entitled "Dori Slosberg Driver
Education Safety Act," authorizes the Collier County Clerk of the Circuit Court to collect an
additional three dollar ($3.00) surcharge on all civil traffic penalties in County Court to be used
to fund the direct education expenses of traffic education programs in both public and non-public
high schools; and
WHEREAS, on July 29, 2003 the Collier County Board of County Commissioners
adopted Ordinance No. 2003-39, entitled "Dori Slosberg Driver Educatfon Ordinance"
Ordinance) to authorize the collection of the surcharge to supplement already existing driver
education funds and to establish the Driver Education Trust Fund 173 (Trust Fund); and
WHEREAS, as required by the Ordinance, procedures for the disbursement of collected
funds were established by the County Manager or his designee and were approved by the Collier
County Board of County Commissioners on October 14,2003; and
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Packet Pg. 1099 Attachment: Driver Education_Agreement as of 07_26_2005 (4943 : Driver's Education)
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WHEREAS, the SCHOOL BOARD responded as the sole applicant to the 2005 Driver
Education Grant Program request for proposals that was sent to the District School Board and all
non-public high schools listed in the Driver Education Grant Program; and
WHEREAS, this Agreement is consistent with the requirements of the Ordinance and
the requirements of the Driver Education Grant Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. AVAILABILITY OF FUNDING
Total funding available in the Driver Education Trust Fund, as of April 1,2005, was $199,267
Funds). Additional surcharges continue to be collected and will be available for the 2006 Driver
Education Grant Program cycle.
II. USE OF FUNDS
The SCHOOL BOARD agrees that it: (1) will use the $199,267 solely for eligible direct
education expenses including the purchase of goods and services, such as driver education course
materials, vehicles exclusively used for driver education programs, driver simulators, and
salaries of driver education instructors, (2) will not use the Funds for administrative expenses,
and (3) will not use the Funds to supplant already existing funds. The SCHOOL BOARD further
agrees that it will also comply with all additional Ordinance terms and requirements concerning
the use of funds, attached as Exhibit A.
III. PROJECT
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Packet Pg. 1100 Attachment: Driver Education_Agreement as of 07_26_2005 (4943 : Driver's Education)
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The SCHOOL BOARD agrees that it will only implement the project as represented in its
Application Form (Application), attached as Exhibit B, and as permitted by the Driver Education
Grant Program, attached as Exhibit C.
IV. DISBURSEMENT OF FUNDS
The project as identified in the Application requests $199,267 to be disbursed by the COUNTY.
No later than 45 days from the execution of this Agreement by both parties, the COUNTY will
disburse the FUNDS to the SCHOOL BOARD. Monies disbursed, but not spent at the end of
the project's time frame must be returned to the COUNTY within 45 days to be deposited back
into the Trust Fund for disbursement in the following year to eligible applicants.
V. PROJECT TIME FRAME
The SCHOOL BOARD has represented in its Application that the project will begin on June 1,
2005 and end no later than June 30, 2006.
VI. PROJECT REVIEW
Within 90 days following completion of the project or termination of the grant period (whichever
comes first), the SCHOOL BOARD agrees to submit a final report to the COUNTY program
contact as identified in Exhibit C, which: (1) outlines how the Funds were used, (2) includes
copies of all invoices and checks and any other documentation of expenditures, and (3) verifies
that the Funds supplemented, but did not supplant existing funds. Failure to provide this report
will constitute breach of contract and will affect the SCHOOL BOARD'S eligibility for future
funding. The COUNTY has the right to audit the paperwork and project at any time during or
after the project.
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Packet Pg. 1101 Attachment: Driver Education_Agreement as of 07_26_2005 (4943 : Driver's Education)
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VII. AMENDMENTS
Either party may request amendments to this Agreement, which may include, but is not limited to,
an amendment to the project or the project time frame, at any time by submitting a written request
to either of the following program contacts as identified in Exhibit C. Any minor amendment
such as a time extension for the current project or change within the project description that
requires movement of funds within the approved grant budget may be accepted by the County
Manager and Superintendent of Schools. Any other amendment requires approval by the District
School Board and the Collier County Board of County Commissioners.
VIII. BREACH
A failure to comply with any term or requirement of this Agreement, the Ordinance, or the
Driver Education Grant Program will result in a breach of this Agreement. If any controversy,
claim or dispute between the parties arises out of or relates to this Agreement or the breach
hereof, the prevailing party shall be entitled, in addition to such other relief as may be granted, to
a reasonable sum as and for attorneys' fees, which shall be determined by the court if the matter
is litigated, or otherwise in a separate action brought for that purpose, provided that the sum
awarded shall not alter the limits of liability established in Section 768.28, Florida Statutes.
Subject to the limitations set forth in Section 768.28, Florida Statutes, the SCHOOL
BOARD agrees to indemnify, defend and hold harmless the COUNTY, its, agents, officers and
directors 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,
including attorneys' fees and costs (and costs and fees on appeal), and damages (including, but
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Packet Pg. 1102 Attachment: Driver Education_Agreement as of 07_26_2005 (4943 : Driver's Education)
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not limited to, all actual and consequential damages) arising from any negligent, willful or
wrongful misconduct, knowing misrepresentation or breach of this Agreement by the SCHOOL
BOARD, its agents, officers, directors or clients.
IX. RENEW AL OF AGREEMENT
Recognizing that the SCHOOL BOARD may submit a similar application for the 2006 and
beyond grant cycles, both parties may consider extension of this Agreement for consecutive
years with reference to the new project as identified in the future Application Form for that year.
Any program changes may be reflected in the amendment to the agreement at the time of
consideration. Renewal of this Agreement must be approved by the Board of County
Commissioners and the School Board.
Executed this ~I sr;;ay Of~' 2005.
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Packet Pg. 1103 Attachment: Driver Education_Agreement as of 07_26_2005 (4943 : Driver's Education)
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Packet Pg. 1104 Attachment: Driver Education_Agreement as of 07_26_2005 (4943 : Driver's Education)