Agenda 09/15/2009 Item #16D 6
Agenda Item No. 1606
September 15, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve an
agreement with the District School Board of Collier County for transporting
school-age recreation program participants.
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. This will be the fourth year that the
school board has transported our After School Program participants.
The School Board provides transportation for the Parks Department's After School
Program in a safe, reliable, and cost-effective manner.
The Parks & 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 $37.80 per hour plus $2.30 per mile. This rate is
calculated from the time the bus leaves the transportation barn to the time of the return.
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The Agreement has been approved as to form and legal sufficiency by both the County
Attorney's office and the School Boards Attorney Office, and has been reviewed by Risk
Management. Once executed, it will be effective until the end of the 2010 school year.
Fiscal Impact: Funds are budgeted in association with each camp location within FY
10 MSTD General Fund (111) Naples and Immokalee Parks. Revenue, in the form of
After School Program participant fees, is budgeted to recover the expense.
LeQal Considerations: This agreement has been reviewed by the County Attorney's
Office, requires simple majority vote, and is legally sufficient for Board action. - CMG
Growth ManaQement Impact: No Growth Management Impact is associated with
this action.
Recommendation: That the Board of County Commissioners authorize the Chairman
to enter into the Transportation Agreement with the District School Board of Collier
County for the transportation of recreation program participants throughout the
2009/2010 school year.
Prepared Bv: Shari Ferguson, Regional Manager, Parks and Recreation.
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Agenda Item No. 1606
September 15, 2009
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1606
Recommendation for the Board of County Commissioners to approve an agreement with the
District School Board of Collier County for transporting school-age recreation program
participants.
Meeting Date:
9/15/2009 90000 AM
Approved By
Kerry Runyon Regional Manager Date
Public Services Parks and Recreation 8/19/20093:57 PM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 8/20/2009 11 : 14 AM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 8/20/20092:39 PM
Approved By
Colleen Greene Assistant County Attorner Date
County Attorney County Attorney Office 8/24/2009 9:35 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 8/24/2009 10:36 AM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 8/24/2009 2:02 PM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 8/25/20099:14 AM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County County Manager's Office
Commissioners 8/26/2009 4:37 PM
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Agenda Item No. 1606
September 15, 2009
Page 3 of 5
STUDENT SCHOOL YEAR TRANSPORTA nON AGREEMENT
TillS AGREEMENT made for the 2P09/201O School Year, by and between the District School Board of Collier
County, Florida ("the School Board") and Board of COUDty 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 $37.80
per hour and $2.30 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 $32.40 per
hour for an attendant.
3. The rates described in paragraph 1 a above are based on conditions current as of August 14, 2009.
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 fonn of an increase
in the rates shown in paragraph I 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.
Agend:J Item 1'-10. 16De
September 15, 2009
Page 4 of 5
5. Payment for services rendered or due shall be billed by the School Board by the 10th of each month
and paid by the County by the 30th 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 hannless 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 shaH 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 August 24,
2009, and remains in effect through June 10, 2010.
II. 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 aU 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.
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Agenda Item No. 16D6
September 15, 2009
Page 5 of 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
Date
Jeff Stauring. Director of Transportation
Date
Dr. Russell Clukey, Executive Director of Support Services
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Date~17) L\JOI
Fishbane, District General Counsel
Signed in the Presence of:
Board of County Commissioners, Collier County,
Florida
Attested To By (
)
By:
Title: Date
By:
Title: Date
rlJ-. ~Ap rovec, as.. !('. 'orm & iegal sufficiency
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.,. ,l.,C'n Greene,
Ass,::;:ant County Attorney
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