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repealed to the extent of such conflict.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
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EXHIBIT A
CITY OF TAMARAC
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THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA
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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
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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
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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