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Agenda 05/22/2012 Item #16D 55/22/2012 Item 16.D.5. EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign an Agreement with the District School Board of Collier County for transporting summer camp program participants at an estimated cost of $56,000 Objective: To obtain cost - effective and reliable transportation services for summer camp program participants. Considerations: For the past twenty three 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, particularly summer camp. Campers are typically taken from their base camp locations to educational and recreational attractions throughout the area. Most campers go on one field trip each week. Seven hundred and seventy eight (778) children were registered last year in the full summer camp program, and fourteen hundred and ninety six (1496) were enrolled as weekly registrants. Once executed, the Agreement will be effective from June 11 until August 10, 2012. The School Board is the only provider that can meet the transportation needs of the Parks and Recreation Department summer camp program in a safe, reliable, and cost- effective manner. 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 $24.00 per hour plus $2.73 per mile. 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 12 MSTD General Fund (111) Naples and Immokalee Parks. Total expense associated with this action is estimated at $56,000. 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: The Agreement has been reviewed by the County Attorney's Office, requires majority vote, and is legally sufficient for Board action. — CMG Recommendation: That the Board of County Commissioners approve and authorize the Chairman to sign the Transportation Agreement with the District School Board of Collier County for the transportation of County summer camp program participants. Prepared bv: Jeanine McPherson, Regional Manager, Parks and Recreation Department Packet Page -1748- 5/22/2012 Item 16.D.5. COLLIER COUNTY Board of County Commissioners Item Number: 16.D.5. Item Summary: Recommendation to approve and authorize the Chairman to sign an Agreement with the District School Board of Collier County for transporting summer camp program participants at an estimated cost of $56,000 Meeting Date: 5/22/2012 Prepared By Name: McPhersonJeanine Title: VALUE MISSING 4/30/2012 3:59:05 PM Submitted by Title: VALUE MISSING Name: McPhersonJeanine 4/30/2012 3:59:07 PM Approved By Name: WilliamsBarry Title: Director - Parks & Recreation,Parks & Recreation Date: 5/1/2012 10:59:25 AM Name: AlonsoHailey Title: Administrative Assistant,Domestic Animal Services Date: 5/7/2012 4:37:56 PM Name: CarnellSteve Title: Director - Purchasing /General Services,Purchasing Date: 5/8/2012 3:57:51 PM Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 5/9/2012 11:51:23 AM Packet Page -1749- Name: KlatzkowJeff Title: County Attorney Date: 5/9/2012 1:48:57 PM 5/22/2012 Item 16.D.5. Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 5/14/2012 9:00:02 AM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 5/14/2012 12:01:08 PM Packet Page -1750- 5/22/2012 Item 16.D.5. STUDENT SLTMENMR TRANSPORTATION AGREEMENT THIS AGREEMENT made for the 2012 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 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 $24.00 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. 2. Option B — Bus, Driver and ESE Attendant 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 la above are based on conditions current as of March 15, 2012. 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 1 a 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. Packet Page -1751- 5/22/2012 Item 16.D.5. 5. Payment for services rendered or due shall be billed by the School Board by the 10'h of each month and paid by the County by the 3& 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 of this Agreement by the 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 June 11, 2012, and remains in effect through August 10, 2012. 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 Packet Page -1752- 5/22/2012 Item 16.D.5. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year signed by the agencies. The District School Board of Collier County, Florida C/ Date 314z Y/� David Ogilvie, Director of Transportation Tom Conrecode, Executive Director of Support Services Fishbane, District General Counsel Signed in the Presence of: Attested To By ( ) ATTEST DWIGHT E. BROCK, Cierk ,—App "ad as to form & legal sufficiency Colleen Greene, Assistant County Attorney cr aq, zo)a Board of County Commissioners, Collier County, Florida By: _ Title: By: _ Title: Packet Page -1753- Date Date 3