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HomeMy WebLinkAbout2023-06-19 I01G_01 Summer Camp Transportation ContractAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 19, 2023 AGENDA ITEM:Consideration of approval of resolution approving a summer camp transportation contract with Durham School Services. FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The Parks & Recreation Department has been in communication with Durham School Services for transportation for summer camp participants. Camps include Explore the Outdoors, Summer Fun and Summer Celebration. The department used to rent 15- passenger vans, but that is no longer an option to transport participants. By utilizing bus transportation, the City is able to have larger class sizes to meet the demands of the community. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: May 1, 2023 through June 30, 2023 the rate of $98.75 per hour per bus plus $1.00 per mile over 80 miles per bus per trip day until July 1, 2023 in which the rate will increase to no more than 5% of the current rate plus $1.00 per mile per bus per trip day through June 30, 2024. COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve Agreement. ATTACHMENTS: I. Durham Transportation Services Contract PREPARED BY:Josh VandeKamp, Assistant Parks & Recreation Director REVIEWED BY:Steve Brick, City Attorney, Brad Deets, City Administrator, Matt Jermier, Parks & Recreation Director I1G1 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING SUMMER CAMP TRANSPORTATION CONTRACT WITH DURHAM SCHOOL SERVICES [WAUKEE PARKS & RECREATION DEPARTMENT] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City of Waukee Parks & Recreation Department wishes to enter into a contract with Durham School Services to provide transportation for 2023 summer camp programs to accommodate the large number of class participants; AND, WHEREAS, the City Attorney has reviewed the Summer Camp Transportation Contract between the City of Waukee and Durham School Services; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the Summer Camp Transportation Contract with Durham School Services [Waukee Parks & Recreation Department is hereby approved. Passed by the City Council of the City of Waukee, Iowa, and approved this the 19th day of June, 2023. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair Durham School Services CHARTER SERVICE AGREEMENT THIS AGREEMENT consists of this page and the attached Terms and Conditions and is made and entered into this _2nd____ day of _____March_____________, 20_23___ by and between DURHAM SCHOOL SERVICES, L.P., a Delaware limited partnership, (“the Carrier”) and __Waukee Parks and Recreation____________________________ (“the Customer”). Inconsideration of the following, the Carrier agrees to provide charter transportation service for the Customer as specified below. ITINERARY: The Carrier’s driver(s) will adhere to the itinerary provided by the Customer within reason. Any changes must be approved by a Carrier representative and may result in additional fees charged to the Customer. All itineraries are subject to review and approval by the Carrier. Bus/buses will stay at events unless agreement has been made via email with the carrier or the event is a ‘drop only’. Contract Term: __June 1. 2023_______________ to be completed by ___August 31, 2023_________________. Number of Buses requested: ____One (1)___________ Air-conditioned: ____No_____ (YES/NO) PAYMENT: Carrier shall submit invoices to the Customer for all services provided under this Agreement. Customer agrees to make payment for such services within ten (10) days of the invoice date. In the event sums due and payable are not received within thirty (30) days, a late charge of 1.5% per month of the outstanding balance will be assessed upon the account. The Carrier reserves the right to cancel the Charter Service Agreement for non-payment. Payment must be made by credit card. Cash and checks will not be accepted. Customer will be responsible for any all fees charged by the credit card company. RATES: _$98.75____ per hour per bus with a three (3) hour minimum per day per bus. NOTE: Transportation exceeding _80____ miles per bus per day, an added charge of _$1.00___ per mile per bus will be charged to the Customer. If applicable, any transportation during school times (6:00-9:00 AM and/or 1:30-4:30 PM) will be charged a flat rate of __$___ N/A____ per bus. Thursdays and Fridays during school times (6:00-9:00 AM and/or 1:30-4:30 PM will be charged __$__N/A______ per hour per bus in addition to the hourly rate. All event transportation is based on the continuous hourly rate for the event – buses will not leave the event and return at a later time, unless special approval has been requested via email to the Transportation Coordinator/Scheduler and approved by the Carriers General Manager. Exception would be a two-day or more trip where the customer’s passengers will stay overnight, and the bus returns the next day. In this case the customer is charged the rate of two separate trips. If the transportation falls between April 1, 2023 through June 30, 2023, an additional _N/A___% will be added to the total cost unless approved by the Transportation Coordinator and/or the General Manager to forego this charge. CANCELLATION POLICY: If a cancellation notice is received the same day as the trip, the Customer will be charged the full trip value per bus. Cancellation notices received less than 48 hour(s) (two business days) before the scheduled pick-up time will be charged a three (3) hour minimum of __$98.75___ per hour per bus. Any cancellations 2 business days or more will not be charged. Cancellations due to weather are exempt. ADDITIONAL CHARGES: The customer shall be responsible for all parking expenses, tolls, park entrance fees and any damage to the bus by the Customer’s passengers during transportation. If applicable a flat cleaning fee of __$__N/A__ will be charged per bus per day. RESPONSIBLE PARTY: The Customer identifies the following person to be the primary point of contact who will be available, if needed, during the charter trip. Customer Address: _______________________________________________________________________________ ____________________________ ____________________ ______________________________ Contact Name Title/Position Contact Phone Number ____________________________ _______________________ _______________________________ Authorized Signature Print Name Date Signed Carrier: Durham School Services, L.P. Approval*: Title: _______________________________ Date: __________________ *electronic signature (Return signed contract within five (5) business days of contract date) TERMS AND CONDITIONS SERVICE: Performance of the Services detailed in this Agreement is contingent upon the Carrier's ability to furnish the vehicle and perform the Services. Carrier reserves the right to lease the vehicle from other carriers or subcontract services in order to fulfill this Agreement. Carrier will follow the written itinerary, however, exact departure and arrival times are not guaranteed. Carrier will abide by federal, state, and local regulations as applicable. Customer shall bear all out-of-pocket expenses including parking expenses, tolls and park entrance fees at the time of Service. RISK OF LOSS: Carrier is not responsible for the loss, damage, or theft of personal property. Carrier is not responsible for the personal injury of Customers or third parties caused by the negligent or intentional acts of the Customer, passengers or third parties. PASSENGER CONDUCT: At any time during the charter trip the Carrier, or the driver as the Carrier's representative, reserves the right to refuse to transport any person or persons that Carrier or its representative believes to be in violation of the Charter Passenger Policy attached hereto as Exhibit A. Compliance with the policy set forth in Exhibit A is required of each passenger. Failure to comply with this policy may result in immediate removal up to suspension of charter transportation privileges. Carrier is not responsible for any passengers who have not boarded the vehicle at the time of departure. Customer must provide their own supervision if required. The Carrier is not responsible for the Customer's failure to provide supervision. Any activity that interferes with the safe operation of the vehicle shall be discontinued immediately. Use of any external signage or decoration requires prior Carrier approval and may be subject to applicable law. REPAIRS OR DAMAGE: The Customer is liable for all damage to the vehicle interior and exterior caused by any of the passengers or incurred during the charter trip, unless the result of driver's negligence. A refundable cleaning fee may be charged for any cleaning services beyond what is usual and customary. Customer shall be responsible for replacement costs of any items that cannot be satisfactorily cleaned or repaired. INSURANCE: Carrier shall maintain insurance for General and Auto Liability coverage and for Workers' Compensation coverage. General and Auto Liability insurance shall be maintained to protect Carrier from any claims from damages for personal injury or death, and from damage to property, which may arise from operations of Carrier under this Agreement. The General Liability and Automobile Liability insurance shall each have a single limit of One Million Dollars ($1,000,000.00). HOLD HARMLESS: The Customer agrees to defend, hold harmless and indemnify the Carrier from any and all third-party claims which may be made by reason of any injury to person or damage to property unless such claim results from the negligent act or omission or willful misconduct of the Carrier, its agents, employees, representatives, officers and directors. Customer, at its own expense and risk, shall defend any legal proceeding in connection with this Agreement that may be brought against the Carrier, its officers, agents, or employees on any such claim or demand, and satisfy any judgment that may be rendered against the Carrier. In the event that any such proceeding is brought against the Carrier, its officers, agents, or employees, Carrier shall have the right to select and employ counsel to defend such persons and entities and shall have the right to settle any claims when the Carrier, in its sole discretion, deems such a settlement advisable. The Customer, its agents, employees, representatives, officers and directors shall cooperate in all reasonable manners in the defense of such claims. FORCE MAJEURE: Carrier shall be excused from performance hereunder during the time and to the extent that it is prevented from performing in the customary manner by an act of God, fire, flood, earthquake, war, riot, civil disturbance, terrorism, epidemic, quarantine, strike, lockout, labor dispute, oil or fuel shortage, freight embargo, rationing or unavailability of materials or products, loss of transportation facilities, commandeering of the vehicle, materials, products, plants, or facilities by the Government, unexpected vehicle breakdowns or any other occurrence which is beyond the control of the Carrier. Additionally, the Carrier shall not be responsible for any damages which result from any cancellation or delay. In the event of a vehicle breakdown, all efforts will be made to supply a replacement vehicle. If a replacement vehicle is sent and/or Customer refuses a replacement vehicle, no refund is due. If no replacement vehicle is available, refund shall be limited to the amount paid by Customer. AS IS WARRANTY: The vehicle and Services included or otherwise made available to the Customer are provided on an "As Is" and "As Available" basis. Carrier makes no representations or warranties of any kind, express or implied, as to the operation of vehicle and accessories. LIMITATION OF LIABILITY: To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of the Carrier and the Carrier's officers, directors, employees, representatives, agents, and any of them, to the Customer and anyone claiming by, through or under the Customer, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to the Agreement from any cause or causes, including but not limited to the negligence, errors or omissions, strict liability, breach of contract or warranty, express or implied, of the Carrier and the Carrier's officers, directors, employees, agents, and any of them, shall not exceed the total compensation received by the Carrier under this Agreement. In no event shall either party be liable for consequential, special, indirect, incidental, punitive or exemplary damages. DISPUTE RESOLUTION: The parties agree to engage in non-binding mediation using a mutually agreed upon mediator based in Iowa . Such mediation will be held as promptly as possible in Dallas County, Iowa. The respective costs and expenses associated with the mediation shall be borne by each party separately. GOVERNING LAW/ENTIRE AGREEMENT: This Agreement and all of the rights and obligations of the parties hereto shall be construed, interpreted and applied in accordance with the laws of the State of Iowa. This document represents the entire Agreement between the parties. No changes or modifications shall be made to these Terms and Conditions. In case any provision hereof shall, for any reason, be held invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid or unenforceable provision had not been included herein. HEADINGS: Headings herein are for convenience only and have no effect in limiting or extending the language of the provisions to which they refer. EXHIBIT A Purpose Charter Passenger Policy This policy provides guidance to the Customer regarding all charter transportation passengers, including but not limited to, employees, staff, and customers of the Customer who ride the charter buses provided by the Carrier. Scope This policy prohibits the following acts on any Carrier vehicle which is used as part of the services Carrier provides to Customer under the Agreement: Smoking tobacco or any other substance, or carrying a lighted or smoldering substance in any form. With the exception of peace officers, carrying aboard any weapon. Carrying aboard any flammable or explosive substance except for matches and cigarette lighters. For example, cooking stoves, propane tanks and other fuels are prohibited. Carrying aboard any package or article of a size which will block any aisle, emergency exit, or stairway of the vehicle. Carrying aboard any animal not housed in an enclosed carrying container. Such container cannot block or hinder travel in the aisle, emergency exit, or stairway. Service animals are allowed. Carrying aboard a stroller unless such item is folded and unoccupied. Strollers must remain folded while aboard the vehicle and must not block or obstruct an aisle, emergency exit, or stairway. Playing radios or other audio devices or musical instruments aboard unless the only sound produced by such item is emitted by a personal listening attachment (earphone) audible only to the person carrying the device producing the sound. An exception exists for peace officers, security guards, and for Carrier officials while performing their official duties. Littering, discarding, or depositing any trash, debris, or offensive substances in non-appropriate places. Spitting, urinating, or defecating. Damaging, writing upon, or otherwise defacing or altering property. Fighting or engaging in any violent, tumultuous, or threatening behavior. Making excessive and unnecessary noise, or using profanity. Obstructing the free movement of passengers. Interfering with the safe operation or movement of a Carrier vehicle or operator. Standing or otherwise occupying any space in front of the line marked on the forward end of the floor of the vehicle or otherwise conducting himself in such a manner as to obstruct the vision of the vehicle operator while the vehicle is in motion. Impeding the opening of, or interfering or tampering with, or otherwise obstructing the operation or use of, any window, door, or other emergency exit. Standing in the way of direction or impeding the vehicle from moving. Posting or removing any notice or advertisement unless authorized by a Carrier official. Throwing any litter, stone, wood, snow or other substance at, into, or from any Carrier vehicle. Gambling or soliciting others to engage in gambling. Engaging in any activity prohibited by State, County, or Municipal law. Entering or exiting a Carrier vehicle through the rear exit door unless directed by a Carrier official or in the event of an emergency. Climbing through a window or extending an arm, leg or head out the window of any Carrier vehicle. Hanging onto or attaching oneself to any exterior part of a Carrier vehicle while the vehicle is resting or in motion. Running or engaging in any horseplay. Refusing to leave any Carrier vehicle after having been ordered to do so by the operator of the vehicle, a security guard, peace officer, or Carrier official or supervisor. Customer further agrees to Comply with all applicable laws, rules, regulations and ordinances. Keep the first two rows of seats open at all times. Compliance If a Carrier operator encounters any individual(s) violating this policy on a Carrier vehicle, the operator will ask the individual(s) to stop the activity or leave the premises. If the individual(s) persist in their conduct, the Carrier will notify a peace officer who will take the appropriate action. Compliance with this policy is required of each passenger. Failure to comply with this policy may result in immediate removal up to suspension of charter transportation privileges.