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Backup Documents 09/15/2009 Item #16D 6 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 16 D 6 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and Oliginal documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, andlor information needed. If the document is already complete with the exceution of the Chairman's si!ffiature, draw a line through routing lines #1 through #4, complete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. I Cbu".n'/ A rro~N~Y\5' C).2/.d1 COLLEE: N ~'REEN~ cm~ 2. 3. / 4. / \ /J 5. Ian Mitchell, Executive Manager Board of County Commissioners &- '/1.-\ I o~ 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above. including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff if!) 3/ Contact Agenda Date Item was (P /) to Ap roved by the BCC Type of Document Number of Original / Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Ap licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, --- resolutions, etc. signed by the County Attorney's Office and signature pages from ~~ contracts, agreements, etc. that have been fully executed by all parties exceptthe BCC Chairman and Clerk to the Board and ossibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's p Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the pj document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's pi signature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCe's actions are nullified. Be aw e f our deadlines! 6. -The-documentwas-app~m'ed-by-the-BCC-on - (enter--date )and-all-Ghanges made during the meeting have been incorporated in t e attached document. The County Attorne 's Office has reviewed the chan es, if a licable. I: Forms/ County Forms/ Bee Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 16D6 MEMORANDUM Date: September 21, 2009 To: Tona Nelson Sr. Administration Assistant Parks & Rec. Department From: Teresa Polaski, Deputy Clerk Minutes & Records Department Re: School Board Agreement Student School Year Transportation Agreement Enclosed please find one original of the above mentioned items (Agenda Items #16D6), which were approved by the Board of County Commissioners on Tuesday, September 15, 2009. Please return a fully executed original back to the Minutes & Records Department once all signatures have been received. If you have any questions, please call me at 252-8411. Thank you. Enclosures q /1"0/61 I~D~ STUDENT SCHOOL YEAR TRANSPORTATION AGREEMENT 26D6 THIS AGREEMENT made for the 2009/2010 School Year, 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. F or 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 la 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 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. 1 16D6 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 30lh 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 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 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 16D6 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 ~: : : : : : :- : .< : ...... '. .'. . Dme . . Jeff Stauring, Director of Transportation : : : : : :: ::::: Date Dr. Russell Clukey, Executive Director of Support Services \ 4'Lt Dale~\ 1) loa') Fishbane, District General Counsel ---------------------------------------------------------------------------------------------------------------------------------------- Signed in the Presence of: Board of County Commissioners, Collier County, Florida tA Attested To By ( ) By: ~ ~~ Title: C HPs. \R "" AN Date 9 J fl., ~.9 By: ATTEST: , . DW~, J1iI1,'jMO ,C,K, ,Clerk k Title: Date ~' "","",".' 'QiQ ~ .':, to' "'. ,<I', " '" ~ . .~~' ~~; If' ~';j:'; ~"--':. ,,','~'.-~,- _ :,: ~t;~~:Ow~' .?~' ;1 ~.t~J ,Iit.~' i Approved as to form & legal sufficiency . '.~~,'~',...',;l ~~ ' , " ' 'j' . ,:ri,\J;,i>- Colleen Greene. Assistant County Attorney 3