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Agenda 09/09-10/2008 Item #16D32 EXE_CUTIVE SUM r\GFW)'\ 'Tf'~' I , ~11ifirin1-.-."I. . et~.",~, J 1& t) 3;Z Recommendation lor the Board of County Commissioners to approve an agreement with the District School Board 01 Collier County lor transporting school-age recreation program participants OBJECTIVE:To obtain cost-effective and reliable transportation services for recreation program participants CONSIDERATIONS: For the past nineteen 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 third year that the school board has transported our After School Program participants. The School Board provides transportation for the Parks Department&#8217;s After School Program in a safe, reliable, and cost-effective manner. The Parks &amp; Recreation Department will use the services of School Board transportation under the provisions of Option A 01 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. FISCAL IMPACT:Funds are budgeted in association with each camp location within FY 09 MSTD General Fund (111) Naples and Immokalee Parks. Revenue, in the form of After School Program participant lees, is budgeted to recover the expense. I - GROWTH MANAGEMENT IMPAC1:~No Growth Management Impact is associated with this action. LEGAL CONSIDERA TIONS:This item has been reviewed by the County Attorney&#8217;s Office and is legally suflicient for Board Action. - CMG 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 2008/2009 school year. Prepared By: Department Public Services Date 8/21/20089:32:38 AM Approved By: Department Approval Public Services Pending Date 8/28/2008 11 :37 AM GI=~I,") 'T'r=~ Date 1 lze-f5~:L ' '~1-". (' 2000 I ~)r'_~"/ ;,) ,:; __, u ~ " ~g--~. J Approved By: Department Approval Office of Management and Budget i' " I, " , Approved 8/29/2008 9:12 AM Approved By: Department Approval Date County Approved Manager's Office 8/30/200812:32 PM ATTACHMENTS: Name: Q Fall TransoQ11ati.Q../] 6greement.odf Description: Type: Agreement Cover Memo ( THIS AGREEMENT, made for the 2008/2009 School Year, by and between the School District of Collier County, Florida and Collier County Board of County Commissioners. WHEREAS, Chapter 1006 of the Florida Statutes authorizes local school districts 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 Organization is a nonprofit corporation, nonprofit civic associatiort, or governing body of a municipality, county, or state agency duly authorized to enter into this agreement and bind the Organization thereto, and ,GJ=f\_1t'l-^, 'T'.c;rll' I ': ", .1tJ''J)32- ' I ;~T U 9 2008 "f.:,~~~f5 ~ WHEREAS, the School Board desires to assist the Organization in providing transportation to school age children for activities sponsored by the organization on the terms and conditions set forth herein, and WHEREAS, this Agreement contemplates two (2) use options with concomitant reimbursement from the Organization to the School Board. 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 telms 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 Organization's program, whether with passengers or not, and to include necessary trips to and from a School Board Transportation Depamnent fiwility. Mileage will be recorded and billed by'the School Board and will be paid as Iiilled by the Organization. Payments will be made in compliance with the Local Government Prompt Payment Act, Ch. 218, Florida Statutes. The parties further agree as follows: I. Option A - Bus and Driver. a. Organization 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. Organization will be billed a minimum of two hours plus mileage for each vehicle and driver. 2. Option B - Bus. Drivel' and ESE Attendant. a. Organization 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 I above are based on conditions current as of June 2, 2008. In Ihe event that these conditions change, for example, increased fuel or labor costs, Ihe 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. Changes will be made in the form of a written Amendment. 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. .'.OrCl\\.-', -.....0:;1\ !& D3Z- \ . :t , <" IOn8 1 iJ~otJ"6.f5.>-. J 5 Payment for services rendered or due shall be billed by the School Board by the lOlll of each month and paid by the Organization by the 30" of each month in compliance with the Local Government Prompt Payment Act, Ch. 218, Florida Statutes. 6. Each party agrees to indemnify, defend and hold hannless the other, its officers, board members, agents and employees ITom 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 danlages) arising from any negligent, willful or wrongful misconduct, knowing misrepresentation or breach of tllis 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 imm.l!tlity or extend the parties liability beyond the limits established in Section 768.28 ]'IQrida Statutes. 7. The Organization agrees that at all times material to this Agreement. it shall provide liability insurance coverage in the minimnm amounts of $100,000 on any claim or judgments and $500,000 on all claims and judgments arising from tile same incident occurrence. The Organization shall present proof of insurance coverage before approval ofthis 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 date and year signed by the agencies and remain in effect for the official Collier COWlty School Board student school year not before August 19,2008 and remains in effect through June 2,2009. II. 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 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. r , ~-=M""" ,.....t::f\' , ~ i J{j, v?2- \ \ SFP ,) '; 7008 l'''b~~?~~_-=j b. IN WITNESS WHEHF..OF, the parties have execute.d this Agree",ent 011 the day .nd year signed by tl). agencies. ~/t./,t' Date _______.. . Jeff Stauring. Director of TrMspOr1'Rtion If ~r ~f/_D"te- 1'}--ItH Dr. Russell Clukey, Executive [)i''ector of Support Services Collier Count), Board of County Commissioners By: Tom Henning Title: Cha.i1111an ------...----. Date; Alte,l; Dwight E. 31'00k. Clel'k Approved a.q to form and logal sufficiency: By: ~i'-;en M. Greene. 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