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Agenda 06/09/2009 Item #16D 2 EXECUTIVE SUMMARY ,-x-\-ew1 *-l tc1 Z, ::J LA-~ q, ?L~~ i~' l c)-t- 5 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 $50,000 Obiective: To obtain cost-effective and reliable transportation services for recreation program participants. Considerations: For the past twenty 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. Eighteen hundred (1800) children were enrolled in Parks Department summer camps in 2008. 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 $22.49 per hour plus $2.53 per mile. This rate is calculated from the time the bus leaves the transportation barn to the time of its return. This Agreement will be effective until August 12, 2009. Fiscal Impact: Funds are budgeted in association with each camp location within FY 09 MSTD General Fund (111) Naples and Immokalee Parks. Total expense associated with this action is estimated at $50,000. Revenue in the form of summer camp 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 is not quasi judicial, no ex parte disclosure is required, requires majority vote, and is legally sufficient for Board action. - CMG Recommendation: That the Board of County Commissioners authorize the Chairman to sign the Transportation Agreement with the District School Board of Collier County for the transportation of recreation program participants. Prepared by: Shari Ferguson, Regional Manager, Parks and Recreation Department -- COLLIER COUNTY ~h~1 10))2- P3 . d~S- BOARD OF COUNTY COMMISSIONERS _Item Number: 1602 Item Summary: Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age summer recreation program participants at an estimated cost of $50,000. Meeting Date: 6/9/20099:00:00 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 5/26/2009 2:34 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 5/27/2009 11 :29 AM Approved By Marla Ramsey Public Services Administrator Date Public Services Public Services Admin. 5/27/20095:29 PM Approved By Barry Williams Director Date bl ie Services Parks and Recreation 5/27/2009 5:30 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 5/28/2009 8:27 AM Approved By Sherry Pryor Management & Budget Analyst Date County Manager's Office Office of Management & Budget 5/28/2009 12:30 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date Board of County Commissioners County Manager's Office 5/29/2009 6:05 PM file:1 I lei I ...6. %20CONSENT%20AGENDA/16D. %20PUBLIC%20SERVICES/16D21 16D2%20Electronic%20Approval%20Page.html[6/3/2009 6 :33: 57 PM ~K-1f-l0D ~ ~.~of~S' SUMMER TRANSPORTATION CONTRACT TIDS AGREEMENT made for the 2009 summer school recess, by and between the School District of Collier County, Florida and Board of County Commissioners, Collier County, Florida. WHEREAS, Chapter 1006 of the Florida Statutes authorizes local school districts to enter into agreements with nonprofit corporatlOns and nonprofit civic assoclations and groups for the transportation of school age children for activities sponsored by these organization; and WHEREAS, the Organization is a nonprofit corporation, nonprofit civic association, or governing body of a municipality, county, or state agency duly authonzed to enter mto this agreement and bind the Organization thereto; and WHEREAS, the School Board deslres to assist the Organiz.ation in providing transportation to school age children for actIvities sponsored by the organizatlOn on the terms and conditions set forth herein; and WHEREAS, the School District has the nght to restrict dates, times and locations; and WHEREAS, this agreement contemplates two (2) use options with concomitant reimbursement from the Orga1l1zation to the School Board; and IT IS THEREFORE AGREED: that the School Board shall provide buses, drivers and Exceptional Student Education ("ESE") attendants to the Organization 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 m support of the Organization'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 Organization. The parties further agree as follows: 1. Option A - Bus and Driver a. Organization shall reimburse the School Board for each vehicle with driver at the rate of $22.49 per hour and $2.53 per operated mile for each bus. If driver overtime is required the rate is $27.11 per hour. b. Organization will be bIlled a minimum of two hours plus mileage for each vehIcle and driver. 2_ Option B - Bus, Driver and ESE Attendant a. Organization shall reimburse the School Board at the rate above plus an additional $18.66 per hour for an attendant. If attendant overtime is required the rate is $21.37 per hour. 3. The rates described in paragraph 1 above are based on conditions current as of March 21,2008. In the event that these conditions change, for example. increased fuel or labor costs, the District shall have the right to pass those increased costs on to the Organization in the form of an increase in the rates shown in paragraph I above. 1 ~~*IIoDd- ~ ~ uf-,7{' 4. The Organization 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. 5. Payment for services rendered or due shall be billed by the School Board by the lOth of each month and paid by the Organization by the 30lb of each month. Payment shall be made in compliance with Ch. 218, Fla. Stat., the Local Government Prompt Payment Act. 6. Each party agrees to indenmify, defend and hold harmless the other, its officers, board members, agents and employees from and against any and all fines, suites, 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, knowmg misrepresentation or breach of the Agreement by such party, its officers, board members, agents or employees. 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 Organization 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 Organization shall present proof of insurance coverage before approval of this contract by the Board. 8_ The Organization agrees that there shall be no fee charged to passengers on the bus. 9. The use of vehIcles by the Organization 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 6/2/08, and remains in effect through 8/4/08. I L Organization shall provide proof of its non-profit status prior to execution of this contract. 12. This agreement represents the entire Agreement between the parties may not be amended except by written instrument signed by all parties hereto. 13. All the terms and provision of this Agreement shall be bmding upon, inure to the benefit of, and be enforceable by the parties and their legal representatives. successors and assigns. 2 ~1f 10/J~ '- +- z: F'1 . ~ D ,-) IN WITNESS WHEREOF, the partles have executed this Agreement on the day and year signed by the agencies. Signed in the Presence of: Tile Scbool Board of Collier County, Florida Date Print Name: Jeff Stauring, Director of Transportatton Date Print Name: Dr. RusseH Clukey, Execuhve Director of Support Services Date Print Name: Jon Fishbane, Interim School Board Attorney Signed in the Presence of: Board of County Commissioners. Collier COUDt}., Florida By: WItness: Donna F iaia, Chairman Ti.tle: Date By: Witness: TItl.e: Date ATTEST: Dwight E. Brock. Clerk of Courts , Deputy Clerk Approved as to form and legal sufficiency: oHeen Greene, Assistant County Attorney 3