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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-102Temp. Reso #8585 April 2, 1999 Rev #1 - 4/8/99 Rev #2 — 4/8/99 Rev #3 -- 4/16/99 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-99- / C)d� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA APPROVING THE USE OF SCHOOL BUS TRANSPORTATION FOR SPONSORED RECREATIONAL PROGRAMS AND EVENTS, BY ENTERING INTO AN AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY FOR A TOTAL NOT TO EXCEED $12,000 ANNUALLY, APPROVING FUNDING FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City of Tamarac provides school bus transportation for sponsored recreational programs and events; and WHEREAS, The School Board of Broward County has proposed an agreement with the City of Tamarac to commence on May 1, 1999 for the next five (5) years through April 30, 2004 for school bus transportation; and WHEREAS, it is the recommendation of the Director of Parks & Recreation and Purchasing/Contracts Manager that the use of school bus transportation for sponsored recreational programs and events be awarded to the School Board of Broward County for an amount not to exceed 112,000 annually; and Temp. Reso #8585 April 2, 1999 Rev #1 - 4/8/99 Rev #2 — 4/8/99 Rev #3 — 4/16/99 Page 2 WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to provide school bus transportation for sponsored recreational programs and events; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials are hereby authorized to execute an Agreement between the School Board of Broward County, Florida and the City of Tamarac for the use of school bus transportation, attached hereto as Exhibit A. SECTION 3: Funding is available for the use of school bus transportation from the appropriate account at a total cost not to exceed $12,000 annually. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso #8585 April 2, 1999 Rev #1 - 4/8/99 Rev #2 — 4/8/99 Rev #3 — 4/16/99 Page 3 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this � day of April, 1999. ATTEST: CAROL GOLD, C/AAE City Clerk MEREBY CERTIFY that I have apbrdved_this RESOLUTION a� to form ,MhTCHELL S City Attorney 1.1 SCHREIBER Mayor OF COMM16SION MAYOH SCHREIBER DIST 1: COMM. PORTN�/ DIST 2: VIM MISHKIN DIST 3: COMM. SUL.TANOF ; DIST 4: couu nnarmm TE 1 CITY OF TAMARAC INTEROFFICE MEMORANDUM FINANCE DEPARTMENT PURCHASING TO: City Manager DATE: April 2, 1999 FROM: Purchasing & Contracts Manager RE: Award of Agreement for School Bus Transportation Recommendation: The Purchasing/Contracts Manager recommends the placing of Temp. Reso. #8585 on the April 28, 1999 Commission agenda approving the use of school bus transportation for the sponsored recreational programs and events, utilizing the School Board of Broward County agreement. Issue: The City of Tamarac requires school bus transportation for sponsored recreational programs and events. Background: The City of Tamarac must provide school bus transportation and the School Board of Broward County has offered to enter into an agreement with the City of Tamarac to provide school bus transportation for sponsored recreational programs and events. The School Board of Broward County will enter into an agreement with the City of Tamarac to provide school bus transportation for a period of five (5) years commencing on May 1, 1999 through April 30, 2004. Lynda S. Flurry 11 oeFeeo� TEMP RESO 8585 r �* EXHIBIT A CITY OF TAMARAC The Nation's Largest Fully~r ��~ A►�1»ck�xii1ENT "ftoeio� a9 FEB 18 AM 11: 03 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA i im u. a� rw...r�m.m.un. noa.onn.n� oo..a nnrrrrin ..� TRANSPORTATION SERVICES 3895 Northwest 10 Avenue Oaaand Park, Fiodda 33309 954-92e-0252 Arlin Vance, Director City of Tamarac Ms. Ann Lodato 7525 NW 88 Avenue Tamarac, FL 33321 Dear Ms. Lodato: February 12, 1999 chm oerscn Lois Welder vu. Cr*w►snn Corr a tartar C41100 L. Andrews Jum & Buaya+i* PaA D. EWWW. 9". 81"trtre Ater Krert, En Mk4m M. owara Of. Reben D. Puq obne waaeanrrlR The current agreement between the School Board of Broward County, Florida and your city to provide school bus transportation for sponsored recreational programs and other events will expire on May 31, 1999. Enclosed are three copies of a new agreement that will allow the transportation service to continue for a period of five years. The new agreement is basically the same as the existing except for clarification of statutory references and a change in the method of determining the reimbursement rate for services provided. The new agreement provides reimbursement for the operating cost of school buses used by the city at the School District's posted rate. The posted reimbursement rate will be established annually, based on the School District's previous fiscal year operational cost for school bus transportation. The School District's annual posted rate for transportation will be established prior to January 1 of each year and will be effective on that date. Notification of the annual posted reimbursement rate will be mailed to your designated contract administrator each year prior to the effective date. The current established posted rate for school bus transportation is $35 per hour. This rate will be effective through December 31, 1999. If your city desires to continue utilizing the School District's school bus transportation for recreational programs and other sponsored events, please have all three copies of the agreement executed and returned to my office no later than March 15, 1999. If you require additional information or if you have any questions concerning the new agreement, please contact my office at 928-0252. Since y, 7W Arlin Vance Director of Transportation Services PWnW ON nacraso F&"A A V : ah amwom County PuNk Schoob is M Egwl Opporturdty Errrployw ."�oQ•QD OF Bq lot r4 4 O � i The Nation's Largest Fully ,rrrh;hrfY �S' Accredited School System • DRIOp�" THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA TRANSPORTATION SERVICES 3895 Northwest 10 Avenue Oakland Park, Florida 33309 954-928-0252 Arlin Vance, Director June 29, 1999 City of Tamarac Attn: Ann Lodato 7525 NW 88 Avenue Tamarac, FL 33321 Dear Ms. Lodato: Chairperson Lois Wexler Vice Chairperson Darla L. Carter Carole L. Andrews Judie S. Budnick Paul D. Eichner, Esq. Stephanie Arma Kraft. Esq. Miriam M. Oliphant Dr. Robert D. Parks Diana Wasserman Dorothy J. Orr. Ed.D. Interim Superintendent of Schools Attached is an original signed copy of the Transportation Agreement between the School Board of Broward County and the City of Tamarac. Under the terms of the agreement, district school buses may be used to provide transportation for city recreational programs and events for an hourly charge to be paid by the city. The current rate for this service is $35.00 per hour. Please contact Ms. Ann Murray, Operations Supervisor, at 928-0269 to discuss your transportation requirements for the summer. a n If you have any further questions or require additional information regarding the terms of the agreement, please contact my office. c=) -� Sincerely, % -p cti r a Arlin Vance Director of Transportation Services <, AV:ah Attachment Cc: Ruben Parker, Director, Pupil Transportation • Ann Murray, Supervisor III, Pupil Transportation PRINTED ON RECYCLED PAPER Qroward County Public Schools Is An Equal Opponunrty/Equal Access 6rrPIOVer AGREEMENT • Between THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA and THE CITY OF TAMARAC for USE OF SCHOOL BUSES This is an Agreement, made and entered into by and between: THE "CITY" OF TAMARAC, hereinafter referred to as "CITY." I:W01 THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, with its offices at 600 Southeast Third Avenue, Fort Lauderdale, Florida, hereinafter referred to as "SCHOOL DISTRICT." WITNESSETH: 0 WHEREAS, the SCHOOL DISTRICT owns and operates a fleet of vehicles for the transportation of pupils; and WHEREAS, the CITY provides recreational programs and events dependent upon availability of transportation; and WHEREAS, Florida Statute 234.211 (1) (A) provides for a county or municipality in the school district to use school buses for purposes other than pupil transportation; and WHEREAS, the CITY being eligible under this legislation to use school buses desires to enter into this Agreement with the SCHOOL DISTRICT to define the relationship between the two parties and set forth the rights and obligations herein; NOW, THEREFORE, IN CONSIDERATION of the mutual and reciprocal convenants and agreements hereafter contained, the CITY and SCHOOL DISTRICT agree as follows: 1. Recital. All recitals set forth above are true and correct and incorporated herein. 1 2. Term. This Agreement shall commence on May 1, 1999 and shall continue in duration for five (5) years through April 30, 2004 unless terminated by either party for any reason with or without cause upon fifteen (15) days written notice as described in Article 15 herein. 3. Transportation Needs., Prior to the execution of the Agreement, the two parties have discussed the transportation needs of the CITY and the approximate number of school buses that may be made available to the CITY; however, nothing herein contained will obligate the SCHOOL DISTRICT to provide buses to the CITY, if it is deemed by the SCHOOL DISTRICT that such action will reduce or delay transportation of pupils. The CITY, through its contract Administrator, agrees to provide the SCHOOL DISTRICT with two (2) weeks notice in order to obtain the school vehicles for transportation purposes as described within the Agreement. The SCHOOL DISTRICT agrees to provide the referenced school vehicles to the CITY on an emergency notice basis of between forty-eight (48) hours and two (2) weeks notice time prior to needed services. This emergency notice basis must not exceed four (4) times per Agreement year. is 4. Indemnification. • (a) Each party shall assume responsibility for the negligence of its own respective employees or agents. Each party shall indemnify, defend and hold the other harmless from any damage for acts or omissions of its own agents, officers, or employees to the extent provided by law. (b) It is further agreed and understood between the parties hereto that neither party to this Agreement waives any of its immunity as may be given to either party by law. 5. Payment of QPeration Cost.by the CITY. The CITY agrees to fully reimburse the SCHOOL DISTRICT for the operating cost of school buses used by the CITY during the term of this Agreement. The CITY shall pay the SCHOOL DISTRICT'S posted transportation rate, which sum shall cover use, operational costs, and reimbursement for driver's hours and all other costs and expenses incurred by the SCHOOL DISTRICT in supplying the buses. 2 6. Lack of Petroleum „Products. 0 It is further agreed that in the event petroleum products required to operate this Agreement, or part of this Agreement, become unavailable, the obligations of each party hereunder may be terminated by the SCHOOL DISTRICT upon no less than twenty-four (24) hours notice in writing to the CITY. The SCHOOL DISTRICT shall be the final authority as to the availability of petroleum products. 7. Bus Drivers AssiLyned by School District. When school vehicles are used by the CITY, under no circumstances will the vehicle be driven by anyone other than bus drivers qualified, trained, certified, and assigned by the SCHOOL DISTRICT. School buses will be operated under the same rules, regulations, policies, and procedures as those relating to school pupil transportation and governed accordingly. Drivers shall at all times be considered employees or agents of the SCHOOL DISTRICT. 8. Damage to the Vehicles Paid by the CITY The CITY agrees to pay for any damage to the school vehicles while such vehicles are under the CIT`Y'S use which damage is attributable directly to that use, and caused by the CITY, its' employees, or its' program participants. All accidents involving a school vehicle will be reported as provided by procedures now existent or required in the daily operation of the SCHOOL DISTRICT. 9. Reporting of Incidents Involving„ Non Pupil Passengers. The CITY agrees to report to the SCHOOL DISTRICT the nature and extent of any incidents resulting in property damage or personal injury to a passenger while boarding, riding in, or deboarding from such vehicle and indemnify and hold harmless the SCHOOL DISTRICT from any and all claims arising out of such incidents, to the fullest extent allowed by the Constitution and the laws of the state of Florida, if such injury or damage is caused by any act of omission of an employee of CITY. 10. Method of Reimbursement. Unless otherwise agreed upon by the parties in writing, the costs borne by the SCHOOL DISTRICT on behalf of the CITY under this Agreement will be reimbursed as invoiced; and in a reimbursement period not to exceed thirty (30) days from presentment or receipt of the referenced invoice to the CITY Contract Administrator. 3 • 11. Geuraphic Limitations on the Use of School Vehicles The CITY will limit its use of school vehicles to and within the confines of the Tri-County Area. Under no circumstances should the vehicle be taken outside of the geographical limits set forth in this paragraph. 12. Passenger Load Limit. When the CITY'S use of the school vehicle (s) is made, the passenger capacity transported shall not exceed the rated capacity of the said vehicle(s). Standees shall not be permitted at any time. The CITY shall not use school vehicles for any purpose whatsoever outside of the use covered by this Agreement. 13. Cancellation. The CITY reserves the right to cancel any trips it deems necessary with at least twenty-four (24) hours notice prior to the scheduled trip at no charge. Otherwise, a trip canceled within the twenty-four (24) hour time frame • will result in a $150.00 cancellation fee. • 14. Contmct Administrator and Contract Representative. The CITY' S Contract Administrator for this Agreement is ' or designee. The Contract Representative for the SCHOOL DISTRICT is the Director of Pupil Transportation, Pupil Transportation Department, 3895 Northwest 10th Avenue, Oakland Park, Florida 33309, or designee. 15. Notices. Whenever either party desires to give any notices, requests or demands to the other party, such notice must be in writing, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified; and the place of giving notice shall remain such until it shall have been changed by written notice in compliance with the pro visions of this paragraph. For the present, the parties designate the following as the respective places for giving notice. 4 CITY OF TAMARAC: Name: Address: Address: SCHOOL DISTRICT: Superintendent of Schools The School Board of Broward County, Florida 600 Southeast Third Avenue Fort Lauderdale, Florida 33301 AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA, FOR USE OF SCHOOL BUSES CITY OF TAMARAC ATTEST: City Clerk G rol Gold CITY OF TAMARAC By: 1Vyor, , Joseph Schreiber 2u day of , 19(�6 SCHOOL BOARD OF BROWARD COUNTY, FLORIDA Dorothy J. Orr, EcD Superintendent o ch5dols, Interim The School Board of Broward County, Florida APPROVE ZT FOR OHM ' L � AITM 40iswexIller Chairperson The School Board of Broward County, Florida f day of 4j�_' 19 • 11 5 RESOLUTION NO. RESOLUTION APPROVING THAT CERTAIN AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA FOR THE USE OF SCHOOL BUSES AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAME. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA, that: Section l: The attached Agreement between the City of Tamarac and School Board of Broward County for the use of School Buses is hereby approved and the appropriate City Officials are hereby directed to execute same. Section 2• This Resolution shall take effect immediately upon adoption by the City Council and Signature by the Mayor. APPROVED AND ADOPTED BY THE CITT COUNCIL OF THE CITY OF TAMARAC, FLORIDA, this a1 ` day of , 19-qq , SIGNED BY THE MAYOR, this. A _ day ofA",-' 19_q, Mayo Joseph Schreiber APPROVED DATE REQUESTED BY: DEPT. OK: ADMIN OK: CTTY CLERK: Carol Gold lei