BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY

Transcription

1 4E1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY PLACEMENT: CONSENT PRESET: TITLE: TRANSPORTATION SERVICES AGREEMENT WITH SCHOOL BOARD OF MARTIN COUNTY AGENDA ITEM DATES: MEETING DATE: 6/13/2017 COMPLETED DATE: 6/1/2017 COUNTY ATTORNEY: 5/22/2017 ASSISTANT COUNTY ADMINISTRATOR: 5/29/2017 REQUESTED BY: DEPARTMENT: PREPARED BY: Name: School Board of Martin County Name: Procedures: None EXECUTIVE SUMMARY: Parks and Recreation Kimberlee Levee Business Operations Manger The Transportation Services Agreement with the School Board of Martin County is for the use of school buses to transport after school and summer camp participants for field trips, special events and activities. APPROVAL: LEG ACA CA BACKGROUND/RELATED STRATEGIC GOAL: 1. Agreement drafted by: School Board of Martin County - Transportation Department. 808a of 6

2 2. Parties to the Agreement/Contract: School Board of Martin County and Martin County Board of County Commissioners. 3. Purpose of Agreement/Contract: Utilization of school buses for transportation of after school and summer camp participants for program field trips and special events. 4. New / Renewal / Modified: Contract is new. Similar contracts with the School Board of Martin County have been executed annually. 5. Duration: One year beginning July 1, 2017 June 30, Benefits to Martin County: Access to lowest cost mass transportation services for Martin County summer day camps and after school programs. Drivers are already background screened through Martin County Schools. 7. Cost to Martin County: $20,000 from Children s Services Council of Martin County (CSC) grant funds, $20,000 from summer camp revenue. ISSUES: None. LEGAL SUFFICIENCY REVIEW: This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility. RECOMMENDED ACTION: RECOMMENDATION Move that the Board approve the Transportation Services Agreement with the School Board of Martin County. ALTERNATIVE RECOMMENDATIONS Pull this item from the Consent Agenda. FISCAL IMPACT: RECOMMENDATION The cost of utilizing the transportation services is approximately $40,000 per year. These costs are included in program fees and are also paid for with CSC grant funds. No additional funds are requested. 808a of 6

3 Funding Source County Funds Non-County Funds Authorization CSC Grant Funds 20, CSC of Martin County Consolidated Parks 20, Currently Budgeted Subtotal 20, , Project Total 40, ALTERNATIVE RECOMMENDATIONS None. DOCUMENT(S) REQUIRING ACTION: Budget Transfer / Amendment Chair Letter 1 Contract / Agreement Grant / Application Notice Ordinance Resolution Other: ROUTING: _ ADM _ BLD _ CDD _ COM _ ENG _ FRD _ GMD _ GSD _ ITS _ LIB _ MCA _ MPO _ PRD _ USD X CA X ACA X LEG 808a of 6

4 The School Board of Martin County, Florida Transportation Services Agreement This AGREEMENT is made and entered into this 13th day of June, 2017, by and between the Martin County Board of County Commissioners (hereinafter referred to as the SCHOOL BUS USER ), whose address is 2401 SE Monterey Road, Stuart, Florida 34994, and the SCHOOL BOARD OF MARTIN COUNTY, FLORIDA (hereinafter referred to as the SCHOOL BOARD ), whose address is 500 E. Ocean Avenue, Stuart, FL WHEREAS, the SCHOOL BUS USER represents a number of youths residing in Martin County, Florida, who require transportation to and from locations to be designated by the parties in order to attend various programs sponsored by the SCHOOL BUS USER; and WHEREAS, the SCHOOL BOARD agrees to arrange for such transportation services on the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the premises and of the mutual promises and covenants herein set forth, the SCHOOL BOARD and the SCHOOL BUS USER mutually agree to the following: 1. TERMS OF SERVICE A. The SCHOOL BOARD shall provide up to four (#_4_) bus (es) to transport eligible youths to and from designated locations in Martin County to attend sponsored programs. The pick-up and drop-off location is to be designated by mutual agreement of the parties. B. The SCHOOL BOARD has the authorization to limit the number of bus (es) that the SCHOOL BUS USER can request. C. The SCHOOL BOARD shall provide school bus drivers at its own cost and expense. D. The SCHOOL BOARD must fulfill its obligation to provide service to its own home to school and field trips first. In the event that the SCHOOL BOARD does not have any buses/drivers available, then the SCHOOL BOARD will not be responsible for providing services to the SCHOOL BUS USER. E. The SCHOOL BUS USER shall develop a transportation routing schedule of requested pick-up and drop-off locations for each sponsored program. F The SCHOOL BUS USER will be responsible for expense tolls, parking and / or vehicles entrance fees for applicable service performed in accordance with the Martin county School Board Policy, Procedure Manual and the AFSCME Union contract. G. The SCHOOL BUS USER will be responsible for cancelling their field trips prior to the scheduled date and time. If the field trip is cancelled when the bus arrives at the pick-up location, there will be a (3) hour charge. If the field trip is cancelled when the bus is in route to the location, there will be a two (2) hour charge. H. The SCHOOL BUS USER shall, at its own expense, obtain and place signs on each school bus stating: The bus is contracted to the SCHOOL BUS USER. I. The SCHOOL BUS USER shall pay the SCHOOL BOARD in accordance with the fee schedule set forth below. J The SCHOOL BUS USER shall be responsible for all matters related to disciplinary action involving students on the bus during SCOOL BUS USER use of the bus. Any physical damage to th bus or interior of the bus inflicted by the student during SCHOOL BUS USER use of the bus shall be paid for by the SCHOOL BUS USER. 4 of 6

5 KL. This AGREEMENT shall be effective on the date signed by both parties, and shall terminate on June 30, RATE SCHEDULE AND INVOICING A. The rates to be charged to the SCHOOL BUS USER shall be calculated by reference to the Mileage Check List and Log Sheet Reports based on the rate per mile and per hour as approved by the SCHOOL BOARD. Note: This rate is subject to change contingent on the price of fuel. The SCHOOL BUS USER will be notified of any increase or decrease 30 days prior to the change in rate. 1) Rate per mile or portion thereof (inclusive of fuel): $3.00 2) Rate per hour of operator time, billed in 15-minute increments: $ ) Rate per hour of assistant time, billed in 15-minute increments: $16.91; and In addition the SCHOOL BUS USER shall be charged the sum of $34.00 per trip for pre-trip inspection and post-trip cleaning. FUEL CHARGE: Martin County School Board Transportation Department reserves the right to raise the cost per mile due to the rising cost of petroleum products with a ten day written notice to all that are concerned. B. The SCHOOL BUS USER shall be invoiced on the first of each month for services rendered for the prior month. Payment shall be due within 45 days following the SCHOOL BUS USER s receipt of the invoice, in accordance with the Local Government Prompt Payment Act. 3. INSURANCE The SCHOOL BUS USER is a member of the Treasure Coast Risk Management Program (TRICO) which is a qualified self-insurer in the State of Florida and is granted immunity under Florida Statute Section (as it is now written and as it may be amended by the Legislature at future dates. Liability is limited to $ 200,000 per claimant and $300,00 per claim or occurrence for negligent acts of the SCHOOL BUS USER. 4. INDEMNIFICATION As between the SCHOOL BOARD and the SCHOOL BUS USER, as limited by Section , Florida Statutes, The SCHOOL BOARD hereby assumes responsibility for claims for personal injury or property damage arising out of and attributable to the acts or omissions of the SCHOOL BOARD, its officers, employees, independent contractors, and agents in connection with this Agreement, and the SCHOOL BUS USER assumes responsibility for claims for personal injury or property damage arising out of and attributable to the acts or omissions of the SCHOOL BUS USER, its officers, employees, agents or independent contractors, in connection with this AGREEMENT.Provided, however, nothing herein shall be constructed as a waiver of the parties sovereign immunity, Section Florida Statutes, or as a consent to be sued by third parties. 5. MISCELLANEOUS PROVISIONS A. The SCHOOL BUS USER s contact person for this AGREEMENT shall be: Kevin Abbate, Director Martin County Parks and Recreation 2401 SE Monterey Road Stuart, Florida Telephone: (772) B The SCHOOL BOARD s contact person for this AGREEMENT shall be: Kayleen Watts 2845 SE Dixie Hwy Stuart, Florida of 6

6 Telephone: (772) ext. 101 C. This AGREEMENT may not be sold, transferred or assigned without the written approval of the SCHOOL BOARD. This AGREEMENT may not be modified or amended except by written instrument executed by a duly authorized officer of each of the parties hereto. D. No waiver of either party hereto of any failure or refusal to comply with one or more of the terms and conditions of this AGREEMENT shall be deemed a waiver of any other or subsequent failure or refusal to so comply. E. This AGREEMENT shall be governed by the laws of the State of Florida and applicable laws of the United States of America. Venue of any action in connection herewith shall be in Martin County, Florida. F. This AGREEMENT shall not be construed against the party who drafted the AGREEMENT. Both parties have obtained legal counsel as to the legality and enforceability of this AGREEMENT. G. This AGREEMENT may be cancelled by either party upon giving the other party thirty (30) days written notice to the contact person identified above. H. If any portion of this AGREEMENT or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this AGREEMENT or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected thereby, and each term and provision of this AGREEMENT shall be valid and enforced to the fullest extent permitted by law. hereof. I. This AGREEMENT represents the entire agreement of the parties with respect to the subject matter Board of County Commissioner Martin County, Florida Doug Smith, Chairman Attest: The School Board of Martin County, Florida By: Tina McSoley, Chair Attest Laurie J. Gaylord, Superintendent and Carolyn Timmann, Clerk of the Circuit Court And Comptroller ex officio Secretary to the School Board Approved as to Form and Legal Sufficiency:: Sarah Woods, County/Attorney : Filed with the Clerk of the School Board this day of, 2017 Clerk 6 of 6