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Agenda 05/10/2011 Item #16D2 5/10/2011 Item 16.0.2, EXECUTIVE SUMMARY Recommendation to approve and authorize the Chairman to sign Transportation Agreement with the District School Board of Collier County for transporting County summer camp program participants at an estimated cost of $52,000 Obiective: To obtain cost-effective and reliable transportation services for summer camp program participants, Considerations: For the past twenty two 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 recreational attractions throughout the area. Most campers go on one field trip each week. Seven hundred and twenty six (726) children were registered last year in the full summer camp program, and fifteen hundred and sixty two (1562) were enrolled as weekly registrants. Once executed, the Agreement will be effective from June 10 until August 19,2011, 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 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 $2.30 per mile. This rate is calculated from the time the bus leavcs the transportation barn to the time of its retum. Payment will be made in compliance with Chaptcr 218, Florida Statutes, the local govemment Prompt Payment Act. Fiscal Impact: Funds are budgeted in associatIOn with each camp location within FY 11 MSTD General Fund (111) Naples and Immokalee Parks. Total expense associated with this action is estimated at $52,000. 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 reviewed by the County Attorncy's Office, requires majority vote, and is legally sufficicnt for Board action. .- CMG Recommendation: That the Board of County Commissioners approves and authorizcs 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: Shari Ferguson, Regional Manager, Parks and Recreation Department Packet Page -643- 5/10/2011 Item 16.D.2. COLLIER COUNTY Board of County Commissioners Item Number: 16.0.2. Item 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 $52,000. Meeting Date: 5/10/2011 Prepared By Name: NelsonTona Tit]e: Administrative Assistant. Senior.Parks & Recreation 4/8/201] 10:50:06 AM Submitted by Title: Administrative Assistant, Senior, Parks & Recreation Name: NelsonTona 4/8/20] 1 10:50:08 AM Approved By Name: AlonsoHaiJey Title: Administrative Assistant.Domestic Anima] Services Date: 4/12/201] 1:45:15 PM Name: WardKelsey Title: Manager - Contracts Administration.Purchasing & Ge Date: 4/2]/20] 1 12:10:43 PM Name: Carnell Steve Tit]e: Director - Purchasing/General Services, Purchasing Date: 4/25/20112:25:12 PM Name: WilliamsBarry Title: Director - Parks & Recreation.Parks & Recreation Date: 5/1/20112:55:33 PM Packet Page -644- Name: GreeneColleen Title: Assistant County Attorney,County Attorney Date: 5/2/2011 9:] 6:56 AM Name: RamseyMarla Title: Administrator, Public Services Date: 5/2/20 II 12:36:32 PM Name: KlatzkowJeff Title: County Attorney, Date: 5/2/2011 4:09:03 PM Name: PryorCheryl Title: Management/ Budget Analyst, Senior,Office of Management & Budget Date: 5/2/20 II 4:30:45 PM Name: SIRE Administrator Date: 5/3/2011 3 :36:46 PM Name: OchsLeo Title: County Manager Date: 5/3/20 II 4: 12: 19 PM Packet Page -645- 5/10/2011 Item 16.0.2. 5/10/2011 Item 16.0.2. -. . STUDENT SUMMER TRANSPORTATION AGREEMENT THIS AGREEMENT made for the 2011 Summer School Recess. by and between the District School Board of Cfllier f'lUnty, Florida ("the School Board") and Buard of County Commissioners, Collier Coun!)', Florida ("the County"). WHEREAS, Chapter 1006 of the Florida Statutes autilDrizes local School Boards to enter into Agreements with nonprofit corporations and nonprofit civic associptions and groups for the transportation of school agc children for activities sponsored by tilese 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 th~ County on the terms and conditions set torth herein, and WHEREAS, this Agreement contemplates two (2) lIse options with concomitant reimbursement from the County to the School Hoard. 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 tenns of this Agreement For the purposes of this Agreement, an "operated mile" is defined as every mile driven for eaeh bus operated in support of the County's program, whether with passengers or not, and to include necessary trips to and from a School BO:Jrd 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 f"llows: 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 $2-30 per operated mile for each bus. b, County will be billed a minimum of two hours plu;,> mileage for each v~hicle and driver. 2. Option 8 - 8us. Driver and ESE AtJ"Dclan! a. County shall reimburse the School B02rd at the rate above plus an additional $21.60 per hour for an aUendant. , 3. . 111e rates described in paragraph la above are based on conditions current as of March 30, 2011. In the event that these conditions change, for example, increased fnel 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 la above. The County agrees tbat in the- event of a c.ancellatiotl, 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. , 4. Packet Page -646- . 8. 9. 10. II. , 12, 13. , ~l ! ~ 5/10/2011 Item 16.0.2, - 5. Payment for services rendered or due shall be billed by the School Board by the 10'11 of each month and paid by the County by the 30" 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 agrce to indemnify and hold harmlcss thc School Board from liability resulting from any injury or accident during the process of transpmtation and its officers, board members, agents and employees from and against any and aH fines, suits, claims, demands, penalties, liabilities, eosls or expenses, losses, settlements, judgments and awards and actions of whatever kind or nature, attorney's fecs and costs are excluded (and costs and fees on appeal), and damages (including, but not limited to, aCLUal and consequcntial damages) arising from any negligent, willfl<1 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 aller 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 S i ,000,000 on any claim or judgments and $2,000,000 on all claims and judgments arising from the same incident occurrence. The Coumy shall present proof ofinsur1inc~ covt:rage befort: approval of this Agreement by the Board, The County agrees that there shall be no fee charged to passengers on the bus. The use of vehicles by the County shall at all times be subject to the Jaws of the State of Florida, the provisions of the Florida Admmislrati"e Code, and rules adopted by the School Board. The Agreement shall commence on the day and year signed by the agencies, not before June 10, 2011, and remains in effect through August 19. 2011. County shall provide proof of its Ilon-profil status prior to execution of this Agreement. This Agreement represents lhe entire Agreement between the parties and may not be amended except by written instrument signed by all parties hereto. All the tcnns 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, :1 ~ 5/10/2011 Item 16.0.2. - 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 Date Je;:ff Stauring, Director of Transportation .f~r: ~Date i/7'~61( Dr. Russell Clukey, Executive Director of Support Services i~~AL__Datel1~J 7-0 II on Fishbane, District General Counsel Signed in the Presence of: Board of County Commissioners, Collier County, :Florida Attested To By ( ) By: Title: Date ATTEST: DWIGHT E. BROOK, 0Ierk By: By: Title: Date . ~ , , roved as to form & legal sufficiency Colleen Greene, Assistant County Attorney , ~ Packet Page -648-