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Agenda 04/27/2010 Item #16D 4 Agenda Item No, 1604 April 27, 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants at an estimated cost of $63,000 Objective: To obtain cost-effective and reliable transportation services for recreation program participants. Considerations: For the past twenty one years, Collier County has entered into a transportation agreement with the District School Board of Collier County for the transportation of participants of recreation programs, particularly summer camp. Campers are typically taken from their base camp locations to educational and recreation attractions throughout the area. Most campers go on one field trip each week. Seven hundred and eight (708) children were registered last year in the full summer camp program, and fifteen hundred (1500) were enrolled as weekly registrants. Once executed, the agreement will be effective until August 18,2010. The School Board is the only provider that can meet the transportation needs of the Parks Department summer camp program in a safe, reliable, and cost-effective manner. The Parks 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 $23.50 per hour plus $2.30 per mile. This rate is calculated from the time the bus leaves the transportation barn to the time of its return. Payment will be made in compliance with Chapter 218, Florida Statutes, the local government Prompt Payment Act. Fiscal Impact: Funds are budgeted in association with each camp location within FY 10 MSTD General Fund (111) Naples and Immokalee Parks. Total expense associated with this action is estimated at $63,000. Revenue in the form of summer camp program participant fees is budgeted to recover the expense. Growth Manaaement Impact: No Growth Management Impact is associated with this action. leaal Consideration: The Agreement has been approved as to form and legal sufficiency by the County Attorney's office. -CMG Recommendation: Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants at an estimated cost of $63,000 Prepared by: Shari Ferguson, Regional Manager, Parks and Recreation Department Agenda Item No. 1604 April 27, 2010 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1604 Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants at an estimated cost of $63,000, 4/27/20109:00:00 AM Meeting Date: Approved By Marla Ramsey Administrator - Public Services Date Public Services Division Public Services Division 3/26/201010:44 AM Approved By Colleen Greene Assistant County Attorney Date County Attorney County Attorney 3/30/20103:44 PM Approved By Jeff Klatzkow County Attorney Date 4/1/20103:22 PM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin, 4/7/201012:17 PM Approved By Barry Williams Director - Parks & Recreation Date Public Services Division Parks & Recreation 4/13/20107:08 PM Approved By Sherry Pryor Management! Budget Analyst, Senior Date Office of Management & Office of Management & Budget 4/14/201012:38 PM Budget Approved By Leo E, Ochs, Jr. County Manager Date County Managers Office County Managers Office 4/16/20105:01 PM - Agenda Item NO.,1:!3D4 April 27, 2010 Page 3of5 STUDltNTSlJMMEll TRANSPORTATION A~ TBIS AGREEMENT made for the 2010 Summer School R.ocess, by aad betMeu .. D~ SdtMI Beard of Colter CO"'. Morici, ("tho. Sdlool Board") and (""dte Orpailltion")~ . WlBREAS, Chapter ] 006 of the Florida Statutes authorizes local School Bcat4I. ~""lnto Apeements with ~tCOrpondion, IUd nonprofit c.lvic associations Inti JI'OUPS for the 1rUIpOI'IatloR of achOol . cltflcmm for activities spoIl$OIOCl by theso Orpnizations, and WIJDEAS, the orpnization is a nonprofit corporation. nonprofit cMc 88SOCiaticm. or JOvemiq bod)' of a muaicipality. county, or.. apney duly authorized to enter into thia Apecmcnt ancl bind the Orpnization dIercsto. and WSEREAS, the SohoofBoard has the right to Mtrict dates, times and locltiona. 'WIII'.ttEAS, tho Sehool Boerd desires to assist the OrpnizatiOll in prnvidiq tnnsportation to ~1 ... chiIiht:. for IOlivitios sponsored by the Organization 011 the term. and coaditiODl set forth herein, and WlUREAS, this Apoment contemplates two (2) use options with concomitant reiml:Jurseateathm tho OrpniZlltion to tile School BoIrd. n IS 1'JIERD'ORI, AGREED: that the School Board shall provide buIoi. driven lad Exceptional Student Bd~OD ('"ESE") attendants to the OrganiDtion in accordllDCC with the terms oftbiJAJrecment Fartlte purposos of 1bis Apccmeat, an "operated mile" is defined as every mile driven for each bus operated In supporIof the Orpnization's program, wtmher with passengers or not, and to include necessary trips to and from a School Board Tranaportation Depertmont m:ility. Mileage will be recorded and billed by the Schoo] BoItd and will be paid II billed by tho~. The petties further agRC as foJlows: I. Option A Bus and Driver a. Orpnization Ihall reimburse the School Board for each vehicle wi1b driver at tM.-w. of S23.S0 per hour and 52.30 per operated mile for each bus. If driver ovOf1imo is required the rate is $36.00 per bour. b. Orpnization wiJl be billed a minimum of two houra plus mile. for each vehicle and driver. . 2. Option B - Bus. Driver and ESE AttJ!lnd.nt , a. Orpnization shall reimburse tho School Board at the rate ,bove plus 81\ additional 12].60 per hour for an attendant If attondant overtime i. NqUWd the rate is $32.40 3, 1lJ.o rates dNCribed in parqraph I a abovo arc basod on ConditiOlUl ourrent .. of February 17. 2010, In the event that 1heIe COIIdmons cbanp, for examplo. increased .1 or labor costs. the School Board shall have the right to pass thoso increased costs on to the OrpnizatiOll in the r..., of an inorease in the rates shown in parasrapb 1. above. 1 Agenda Item No. 1604 April 27,2010 Page 4 of 5 4. The OrpnizMio~ agrees that in the event of. ClDCellation.fbe School Board will be given. luIt. 24 hOUJ'I advance notice. in the event that notice of cace11atioB isaued to the School BOII'd ill... than 24 hours, . 2 hour cbarge per vehicle will be due and payable to the School Board. S. Payment for services rendered or due shall be billed by th, School Board by the 10. of CICh month and paid by the Organization no later dw1 fOUJ'tcen (14) calendar days thereaftclr. 6. By entering into this Agreement. you agree to indemnity and hold harmless the SebooJ Board from liability resulting fiom any 11\iury or aocident during the process of tranlponation and itI officcn. board members, ascmts and employees from and asmlt D)' and all fmes. suits, claims, demands, penalties, liabilities, costs or expenses, losses. settlements, judpcmt3 8Dd .wardJ and actiooJ ot whatever kind or nature, attorney's fees and eosts are excluded (and costs and fees on appeal), and damages (including, but not limited to. aetUI1 and consequential damapa) wins ftom 1ft)' nesligent. willful or wronlful misconduct, knowing mimpresel'dation or brclCh of the ~ by such party, 'its officers. board mcmbe1'l, agents or cmployeeJ. The foreaoing aslele. this paragraph shall not bo construed in an)' way to alter the State's waiver of sovereip immunity or extend the plrtles liability beyond tlte limits established in Section 768.28 Florida Statutes. 1. The Orpnization agrees that at all times material to this Agreement, it shall provide lilbility insurance coverage in the minimum amounts of $1,000.000 on any claim or judgmems and $2,000.000 on .all claim, and judgments arising from the same incident oceunence. The Organization shan present proof of iDSurance coverage before approval of this ApeomoDt by the Board, 8. The Orpnization agrees that there shall be no fee cbarged to passengers on the bus. 9. The use of vehicle, by the Orpnizarion shan at all times be IUbject to tho laws of the Stitt of Florida, the provisions of the Florida Administrative Code, and ml" adopted by the School &.rd. 10. The Agreement sball commence on the day and year sipcd by the agencies, DOt before June 11. 2010, and remains in effectthrougb AUlUSt IB, 2010. II. Orpnization sball provide proof of its non-profit Jlatus prior to execution ofthiJ AJreement. 12. This Agreement reproICDta the enti~ Asreemmt between the parties and may not be .......... except by wrilUm inttrumcnt signed by all Parties hereto, 13. All the ~nns and provision of this AJl'CCment shaH be binding upon, inure to the benefit of. UId be enforooable by the partios IUld their legal representatives. a~ and asians. 2 - Agenda Item No. 1604 April 27, 2010 Pa.ge 5 of 5 IN WITNESS WHEREOF, the parties have executed this Apeement on the day and year signed by the apcie.. n. DDtrlct Sckool BeMard or C9Uier Coa.ty, Florida Dato Jeff SWIriD& Director of Transponation Date Dr. Russell Clukey. Executivo Director of Support Services Date}\(.y' ~ I} 1.. tn \\ Fisbbene, District General Counsel CdH t( CDWl"'J &ora or {&ft~.f.anm j,,;~t(S {Pill in 1W1l0 of Organization} By: Title: Colle8n Greene. AssIItant County Attorney ;C,TTEST: DWIGHT E. BROCK, Clerk Dato: By: Title: Date: r 3