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HomeMy WebLinkAbout2003-112 r 7 TRANSPORTATION SERVICES AGREEMENT Q This Agreement for Transportation Services ("Agreement") is between Indian River County, a political subdivision of the State of Florida ("IRC"), whose address is 1840 25th Street, Vero Beach, Florida 32960 and the School District of Indian River County (" SDIRC ") , whose address is 1990 251h Street, Vero Beach, Florida 32960 . 1 . TERM The Effective Date of this Agreement is May 13 , 2003 . Services under this Agreement shall begin May 13 , 2003 , and shall be completed June 30 , 2006 . This Agreement includes the following attached as Exhibit 1 and made a part hereof. Letter of self-insurance from Indian River County. This Agreement can be cancelled by either party with thirty (30) days prior written notice to the last known address of IRC and SDIRC . 2 , CONDITIONS OF AGREEMENT IRC shall, at its own expense , obtain all necessary permits and pay all applicable licenses , fees and taxes required to comply with all local ordinances , state and federal law, rules and regulations applicable to the business to be carried on under this Agreement . The obligations of IRC and the SDIRC under this Agreement are subject to the availability of funds lawfully appropriated for its purposes by each of the Indian River County Board of County Commissioners and the School Board of the School District of Indian River County. 3 , INDEMNITY / HOLD HARMLESS AGREEMENT Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in F . S . section 768 . 28 , IRC agrees to protect, indemnify, and hold harmless the SDIRC, its officers , employees, and agents , from and against any and all losses , penalties , damages , settlements , claims , costs , charges for other expenses or liabilities of every and any kind including reasonable attorney fees , in connection with or arising directly or indirectly out of the work agreed to or performed by IRC under the terms of this Agreement . Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from IRC for any negligent act or omission of the SDIRC , its officers , employees , and agents in connection with or arising directly or indirectly out of the work agreed to or performed by the SDIRC under the terms of this Agreement . Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in F . S . section 768 . 28 , SDIRC agrees to protect, indemnify, and hold harmless IRC , its officers , employees , and agents , from and against any and all losses , penalties , damages , settlements , claims , costs , charges for other expenses or liabilities of every and any kind including reasonable attorney fees , in connection with or arising directly or indirectly out of the work agreed to or performed by SDIRC under the terms of this Agreement . Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from SDIRC for any negligent act or omission of IRC , its officers , employees , and agents in connection with or arising directly or indirectly out of the work agreed to or performed by the IRC under the terms of this Agreement . 4 . DESCRIPTION OF ENTITY AND OFFICES TO BE SER VED and CONTACT PERSONS The customers to be served under the Agreement are youths residing in Indian River County, Florida. The IRC contact person for this Agreement will be Recreation Director Cliff Crawford (telephone # (772) 567 - 8000 , ext . 1732 , fax # (772) 978 - 1780 . The SDIRC contact person for this Agreement will be Director of Transportation Kathleen Geyer (telephone # ( 772) 564 - 5083 , fax # ( 772) 564 - 5073 . 1 5 . SCOPE OF SER VICES TO BE PERFORMED A . The following services will be performed by the SDIRC : 1 . Provide an adequate number of busses at the required dates and times from designated pick-up locations at SDIRC schools to various locations for IRC-sponsored programs and back from such locations to the designated pick-up locations at SDIRC schools . 2 . Inspect all buses prior to service . If any property damage occurs to the buses during the provision of bus services under this Agreement that are not listed on the bus inspection reports separately prepared by each of IRC and SDIRC, such property damage will be the responsibility of IRC up to the limits set forth in paragraph 3 of this Agreement. 3 . Verify that all drivers who are employed by IRC in connection with this Agreement are certified school bus drivers in accordance with F . S . section 234 . 101 . B . The following services will be performed by IRC : 1 . Provide the SDIRC contact person with a dated Mileage Checklist and Log Sheet Report on a weekly basis that shows the beginning, ending, and total mileage traveled for each bus . 2 . Pay SDIRC in accordance with the fee schedule below . 3 . Provide a list of staff that will be employed as school bus drivers at least two (2) weeks prior to commencement of services under this Agreement so that all paperwork can be reviewed and filed . 6 . PAYMENT Payments will be made when IRC has determined that the service has been satisfactorily completed. Should IRC reject an invoice, an IRC authorized representative will notify the SDIRC contact person at (772) 564- 5083 of such rejection giving the reason(s) . The right to reject an invoice shall extend throughout the term of this Agreement and for thirty (30) days after the final invoice for payment is submitted. All invoices must be submitted by August 31St of each calendar year during the term of this Agreement. All invoices shall be sent upon receipt of the Mileage Checklist and Log Sheet Report. The invoices for each week must be sent to : Indian River Count Recreation Department Attention : Mike Redstone, 1840 25th Street, Vero Beach, FL 32960 , 7 , RATE SCHEDULE Cost per Mile (including fuel to be provided by SDIRC) : Mileage rate will be SDIRC-Board approved . SDIRC shall notify IRC in writing of the mileage rate in effect from time to time . The parties acknowledge and agree that the mileage rate may vary from time to time . 8 . SEVERABILITY If any portion of this Agreement is held invalid, it is agreed that such invalidity shall not affect any of the remaining portions of this Agreement . The parties agree to comply with all the terms and provisions of this Agreement, including the attachments . 9 . SELLING TRANSFERRING or ASSIGNING AGREEMENT This Agreement may not be sold, transferred, or assigned by either party without the prior written approval of the non- assigning party. 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their respective names, on the dates set forth below. INDIAN RIVER COUNTY, FLORIDA Attest : J. K. Barton, Clerk BOARD OF COUNTY COMMISSIONERS By By . Deputy Clerk enneth dRMachht, Chairman BCC Approved : May 13 , 2003 Approved : App ved as to form and leg fficiency: James E . Chandler 1 iam G. o ns II County Administrator County Attorney Date : SCHOOL DISTRICT OF INDIA RIVER COUNTY By Ste hler, C an By Dr. Roger D ng, Superintendent Date : 3 03 / 26 / 2003. 10 : 49 _ 7. 725694139 IRCS13 FINAriCE PAGE 02 2003fl• id trip ca12.xLS Bus Use Rates for 7002=2003 Board Approved on February 25, 2003 Effective Date March 5, 2003 Requests for Bus ussage must be submitted to the Transportation Department on a Field Trip Request Form or through a written contract for services . All useage of School Buses other than transporting of students to and from school and school sponsored field trips, shall be subject to prior approval of the School Board . All outside agencies and groups must provide proof of insurance as required by the Board . 1 . Field Trip Rate for Schools $ 0 .43 Fixed Cost _3 0 .20 Fuel Cost' $ 0 . 63 Per Mile Plus Actual Cost of Driver(s) 2, Other Board Approved Groups $ 0 . 97 Fixed Cost $ 0. 20 Fuel Cosl" 1' 1 . 18 Per MNe Plus Actual Cost of Drivers ) Method_ be used for Invoicing Bus Usaoe • A pre-trip odometer reading on the Bus will be recorded prior to moving the bus from the normal parking location (in most cases, the transportation compound ) . Upon return to the same location , a post-trip reading will be recorded. The miles clocked on the odometer will be used to assess the per mile charge . The actual payroll charges for the driver(s) time , Including benefits will be added to the mileage cast to arrive at total trip cost. `Fuel cost may fluctuate as determined by actual costs Incurred by transporation department . $ . 20 per mile is based upon the cost of $ 1 . 56 per gallon as of 2/25/03 . Price adjustments due to changes in fuel costs will be determined periodically by the transportation department_ Amended 3/4/03