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1999-19 Agmt between Parkland and School Bd of Broward Cty School Buses RESOLUTION NO. 99-19 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA FOR THE USE OF SCHOOL BUSES . WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interest of the citizens of the City to enter into an agreement with The School Board of Broward County to provide school bus transportation for sponsored recreational programs and other events for a period offive years. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City officials hereby approve entering into the agreement between The School Board of Broward County, Florida and the City of Parkland to provide school bus transportation for sponsored recreational programs for a period of five years. Section 2. That this Resolution shall become In full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 7 DAY OF APRIL , 1999. CITY OF PARKLAND, FLORIDA sAd!~6~ ATTEST: ~~ HE:ENLYNOT ,CM~E CITY CLERK CONSENT AGENDA ITEM #3: 3. RESOLUTION NO. 99-19: AGREEMENT WITH THE SCHOOL BOARD OF BROW ARD COUNTY COMMENTS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, AUTHORIZING THE CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH THE SCHOOL BOARD OF BROW ARD COUNTY, FLORIDA FOR THE USE OF SCHOOL BUSES. City Manger Harry Mertz read the title of Resolution No. 99-19. Vice Mayor Marks said he called Jim Cowen, Parks & Recreation Director, today because this is a tri-County agreement that affects transportation not only to Broward but also Miami, Dade and Palm Beach. That means travelling as far south as the Seaquarium and as far north as Lion Country Safari on buses that are not air- conditioned. It could be very uncomfortable for the children. He wanted to b~ sure that local means no more than 10-15 miles and the students would be on the bus 20-30 mioutes maximum. As a result, Jim Cowen has issued the following memorandum dated 417/99: "In order to keep the Mayor and City Commission informed of the intentions of their Parks and Recreation Department, I would like to clarify my memorandum of March 29, 1999 which talked about using school board buses for local field trips during our summer camp program. As everyone is aware, these buses are not air-conditioned and will be used only for local trips not more than 10-15 miles each way. My staff is very conscious of keeping our costs in line. but we are also extremely cognizant of the comfort and safety of our participants, which is always, our first concern. If you have other questions regarding this matter, I will be present at tonight's meeting. " MOTION made by Vice Mayor Marks to approve (Resolution No. 99-19) with the caveat (Jim Cowen letter dated 417/99). Seconded by Commissioner Weissman. ROLL CALL VOTE Commissioner Gordon Vice Mayor Marks Commissioner Pugliese Commissioner Weissman Mayor Pagliara Absent Yes Yes Yes Yes MOTION passed unanimously by those present. THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA TRANSPORTATION SERVICES 3895 Northwest 10 A venue Oakland Park, Florida 33309 954-928-0252 Arlin Vance, Director June 29, 1999 Chairperson Lois Wexler Vice Chairperson Daria 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 City of Parkland Attn: Jim Cowen 6500 Parkside Drive Parkland, FL 33067 Dorothy J. Orr, Ed.D. Interim Superintendent of Schools Dear Mr. Cowen: Attached is an original signed copy of the Transportation Agreement between the School Board of Broward County and the City of Parkland. 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. H you have any further questions or require additional information regarding the terms of the agreement, please contact my office. Sincerely, tUJ/u/pL- 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 Broward County Public SchOols Is An Equal Opportunity/Equal Access Employer . . AGREEMENT Between THE SCHOOL BOARD OF BROW ARD COUNTY. FLORIDA and THE CITY OF PARKLAND for USE OF SCHOOL BUSES This is an Agreement, made and entered into by and between: THE "CITY" OF PARKLAND, hereinafter referred to as ''CITY.'' AND THE SCHOOL BOARD OF BROW ARD COUNTY, FLORIDA, with its offices at 600 Southeast Third A venue, Fort Lauderdale, Florida, hereinafter referred to as "SCHOOL DISlRICT." WITNESSE1H: 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, Rorida 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 DISlRICT agree as follows: 1. Recital. All recitals set forth above are true, and correct and incorporated herein. 2. Term. This Agreement shall commence on ~une I, 1999 and shall continue in duration for five (5) years through May 31, 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. 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 Operation 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. 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 tenninated 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 Assigned 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 CITY'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 DISTRICf. 9. Reportinl: of Incidents Involving Non Pupil Passenl:ers. 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 DISTRICf 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 II. Geo~raphic 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. Passen&er 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 pennitted 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. Contract Administrator and Contract Representative. The CITY'S Contract Administrator for this Agreement IS H~rry ~ Mprr7., ~iry ManagAr 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; ~nd 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 PARKLAND: Name: Harry J. Mertz, City Manager City of Parkland 6500 Parks ide Drive Parkland, FL 33067 Address: Address: SCHOOL DISlRICT: Superintendent of Schools The School Board of Broward County, Florida 600 Southeast Third A venue Fort Lauderdale, Florida 33301 AGREEMENT BE1WEEN THE CITY OF PARKLAND AND THE SCHOOL BOARD OF BROW ARD COUNTY, FLORIDA, FOR USE OF SCHOOL BUSES CITY OF PARKLAND ATTEST: CITY OF PARKLAND ~vc2f~ City Clerk Helefi Lynott By: ...1.2...- day of April, 19.3.9 SCHOOL BOARD OF BROW AB,D COUNTY, FLORIDA lL . 01/)#~ ~ler Chairperson The School Board of Broward County, Florida ---1.5 day of ~ WY\Q../ ,191t Dorothy J. Orr E.D Superintendent of chools, Interim The School Board of Broward County, Florida 5