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HomeMy WebLinkAbout190732 10/13/2010 CITY OF CARMEL, INDIANA VENDOR: 364781 Page 'I of 1 ONE CIVIC SQUARE DURHAM SCHOOL SUPPLIES CARMEL, INDIANA 46032 PO BOX 415347 CHECK AMOUNT: $7,600.00 BOSTON MA 02241 -5347 CHECK NUMBER: 190732 CHECK DATE: 10/13/2010 DEPARTMENT A CCOUNT PO NUMBER INVOICE NU AMOUNT DESCRIPTION 1082 4343006 8029756 1,500.00 BUS TRIPS 1082 4343006 8029757 6,100.00 BUS TRIPS a 4300 Weaver Parkway Durham School Services Warrenville,IL60555 DURHAM acnifaa airveetx Page 1 of 2 Invoice No.: 8029757 Invoice Date: 31- AUG -10 Invoice Curr.: USD Q Invoice Invoice Term: IMMEDIATE Customer No.: 40813 0 7 .201 Customer PO: 14067/2 Sales Order: 44747 BY........................ E 3 a BIII =To k Service Deltuered To Re ate mT o tt ar 1 Attn: Accounts Payable CARMEL CLAY PARKS DEPARTMENT Durham School Services CARMEL CLAY PARKS DEPARTMENT CARMEL CLAY PARKS DEPARTMENT P. O. Box 415347 CARMEL CLAY PARKS DEPARTMENT z (INDIANAPOLIS) Boston MA 02241 -5347 (INDIANAPOLIS) 1411 EAST 116TH STREET United States 1411 EAST 116TH STREET CAMEL IN 46032 Purchase� r-t CAMEL IN 46032 United States Description CA TRIa MPOLtA�] �1'� United States P.O. I? or F �.t.# IOS� 43 C Budget Invoice Summary: Purchas Date Approval Date Sub Total: $6,100.00 Payments: $0.00 Credit Charges: $0.00 Invoice Total: $6,100.00 Outstanding Balance: $6,100.00 Please Pay this Amount: $6,100.00 Payment Terms: Past due balances subject to a 1.5% service charge per month. 4300 Weaver Parkway Durham Scho ®I Services Warrenville,EL 60555 DUR IC400e $A -Olexs Page 2 of 2 Invoice 8029757 (40813) CARMEL CLAY PARKS DEPARTMENT Transactions: ag ef*a �a�fs e ,a t k� temf[dumber �Descr�ptIon L10M Qty�� :,Un�t�Pnce 64 1, Nets CHARTERBOOKING Charter booking Each 610,000 00 $0.01 i $6,100.00 Sub Total: $6,100.00 Invoice Total: $6,100.00 4300 Weaver Parkway Durham School Services Warrenville,11_60555 1 of 2 Invoice No.: 8029756 Invoice Date: 31- AUG -10 Purchase CF�IO�P TP,(g1'15 p( F ntjnJ Invoice Curr.: USD Description Invoice Invoice Term: IMMEDIATE P.O.# For Customer No.: 40813 G.L. 45 4500(o Customer PO: 1406711 Budget Sales Order: 44746 Line Descr TRI PJ Purchaser bats Date c k er4%ICe DBllivered To tw� s fi c� �e t Re1711 T© u �w, Attn: Accounts Payable CARMEL CLAY PARKS DEPARTMENT Durham School Services CARMEL CLAY PARKS DEPARTMENT CARMEL CLAY PARKS DEPARTMENT P. O. Box 415347 3 CARMEL CLAY PARKS DEPARTMENT (INDIANAPOLIS) Boston MA 02241 -5347 (INDIANAPOLIS) 1411 EAST 116TH STREET United States 1411 EAST 116TH STREET CAMEL IN 46032 CAMEL IN 46032 United States United States T om rR W TM U J�i� U i 2UIU Invoice Summary: BY. Sub Total: $1,500-00 Payments: $0.00 Credit Charges: $0.00 Invoice Total: $1,500,00 Outstanding Balance: $1,500.00 Please Pay this Amount: $1,500.00 Payment Terms: Past due balances subject to a 1.5% service charge per month. 4300 Weaver Parkway Durham School Services Warrenville,I1- 60555 Ef- R D SCHOOL t1 --fCt€ Page 2 of 2 Invoice 8029756 (40813) CARMEL CLAY PARKS DEPARTMENT Transactions: w 3 3 Item U111be r 9 s a Sq L� t F �4 D UOM i Qty Unit Price Total Net CHARTERBOOKING Charter booking Each 150,000.00 $0.01 $1,500.00 Sub Total: $1,500.00 Invoice Total: $1,500.00 r MEMORANDUM OF RECORD TO: The File DATE: 9 -28 -10 RE: 2010 Handicapped School Bus Transportation Contracts On March 23, 2010, the Park Board authorized CCPR staff to negotiate directly with Safe Passage for summer camp bus transportation services and if Safe Passage could not provide all required services, to select and negotiate an agreement with First Student or another service provider selected by the Director with a cap on the expenditure. Once Safe Passage tried but could not arrange to provide the handicap accessible bus transportation, First Student agreed to provide it. After receipt of the First Student communication and pricing for the summer camp bus transportation schedule in May, and before CCPR signed a contract with First Student on May 25, 2010, Kathy Hyche of First Student told Debra Grisham that First Student lost the IPS school bus contract to Durham School Bus Services, an out of state bus transportation provider. She stated that this change was not unusual and she expected to continue her administrative role with Durham. She stated that because of the change, First Student would be able to cover only the bus transportation needs from June 1 through June 17 and that thereafter, Durham could handle the transportation through July 29, 2010. Accordingly, CCPR entered into a contract with First Student for handicapped accessible bus transportation from June 1, 2010 through June 17, 2010 (fully executed on 5- 28 -10) and a contract with Durham School Bus Transportation Company for handicapped accessible bus transportation from June 22 through July 29, 2010 )fully executed on June 8, 2010. In the early morning hours of June 30, 2010, Ben Johnson received a telephone call from Kathy Hyche telling him that First Student had been covering the services for Durham for June 22, 23, 24 and 29 but that it could not provide any further services, that Durham was not ready to perform and that there would be no bus transportation service by either company on that day (June 30 and she was not certain how long service would interrupted. Ben called Deb Grisham who worked with Ben and sent out via email on June 30 and via courier for delivery on July 1 a Notice of Default and Demand for Performance citing the recently learned admission that Durham had not performed under its contract and that it had used First Student to provide the services without authority from CCPR. Kathy Hyche had given Ben Johnson, Janet Hoffman's name and phone number. Deb called Janet Hoffman, described the problem and provided her with a copy of the contract terms with Durham. Ms. Hoffman indicated that the buses would be ready to run on July 1 under the terms of the contract. Deb Audrey Kostrzewa had a conference call with Janet Hoffman and Kathy Hyche on July 15, 2010 and related that CCPR had incurred the following expenses as a direct result of the Durham default: $695.00 for Miller Transportation; $42.00 for Need a Lift (Miller Transportation could not pickup after the event so CCPR needed to make a decision to require the people who rode on the Miller bus to leave the event (a movie) early. A parent objected citing ADA violation. Deb talked to Jon Bailey who confirmed that CCPR had acted reasonably under the circumstances; that it had a choice to make the transport leave early this one time, hire Need a Lift for an isolated fix (ADA requires that the handicapped individual not be isolated from the group) or offer parents the opportunity to transport the children. He confirmed that cancellation of the event was not an option. He billed CCPR $96.00. Assistance with the Notice of Default letter, Kroger Gardis and Regas: 196.00. The Courier service was $15.50. Deb Grisham attributed $550.00 of her billed time to this matter. Deb suggested that should Durham reimburse the stated costs, the Park Board could consider the default resolved so long as First Student would accept payment from Durham for the days First Student covered Durham's responsibility and reminded them that the Park Department had not received certificates of insurance. Janet Hoffman said that the insurance certificates would be forthcoming and Kathy Hyche offered to call First Student regarding the payment arrangements. As to the suggestion that Durham should pay the outlined costs, Janet Hoffman expressed shock; she stated that she did not read the contract to require Durham to pay such costs, that she would review it and talk to her manager the following week upon his return from vacation. On July 1, 2010, the Durham bus arrived more than 10 minutes late to Creekside. The Contract requires Durham to provide transportation to and from a scheduled site at no cost to the Park Board if it is more than 10 minutes late. Durham is responsible to reflect such credits on its invoices. It was not until September 3, 2010 that the Park Department heard anything from Durham when it received its invoice; it received the First Student invoice on September 20. 2010. Upon review of the contract, CCPR had the following choices: 1. Notify Durham of a payment dispute and that if resolution was not reached within the contractual timeframe, that it would pay the sum into the City of Carmel Court. 2. Take the position that as Durham was not authorized to assign the performance of the contract services, that Durham should bear the cost of each day that it did not show up to provide transportation: June 22, 23, 24 and 29 valued at $2,000. 3. Take the position that Durham owed CCPR for its cost of services on June 30 and a credit of $250.00 for the late Creekside trip for a total of $750.00. Since the $250.00 credit was not reflected on the invoice, there is another event of default. Deb talked to Mark about all issues and options: 1. The invoices were reviewed and are all incorrect: a. The First Student Invoice reflected the sum total shown on the contract of $4,200.00. Upon review, it was determined that the sum reflected on the invoices was short $500.00. This sum is actually correct $250.00 is deducted for the late arrival and $250.00 for a CCPR cancelation of 1 bus for a trip on June 2 As there was no itemization of the days for which service was provided, it is assumed that First Student considers the payment of the sum of $4,200 as payment in full. b. Durham Invoice #1: First Student service for 3 days for $1,500.00 should have been for 4 days at $2,000, as 1 day trip valued at $500.00 was missing; c. Durham Invoice #2: Durham credited CCPR for $500.00 without charging for it first and provided the total as $6,100 instead of the $6,350.00 that it should have been. 2. Mark determined that given the lack of alternative bus transportation options for the 2011 summer camp season, he would accept and pay the invoices as presented for a savings of $750.00 which covered the $196.00 difference between what we would have paid for the June 30 transportation of $500.00, the Need a Lift charge, the courier service and $49630 of the $842.00 in legal fees. He determined the better course for CCPR was to receive more than half its costs, be finished with expenditures in pursuit of collection and negotiation and preserve the relationship for next year. Mark said that if Durham or First Student comes back with a corrected tally, he would turn them down on the theory that they are responsible to provide the final reconciled invoices and that CCPR paid it as a settlement. ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of bill to be properly itemized must show; kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Durham School Services Terms P.O. Box 415347 Boston, MA 02241 -5347 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) PO Amount 8/31110 8029757 Camp transportation 6130 7/29/10 6,100.00 8/31110 8029756 Camp transportation 6123 6129110 1,500.00 Total 7,600.00 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20_ Clerk- Treasurer Voucher No. Warrant No, Durham School Services Allowed 20 P.O. Box 415347 Boston, MA 02241 -5347 In Sum of 7,600.00 ON ACCOUNT OF APPROPRIATION FOR 108 ESE PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 1082 -99 8029757 4343006 6,100.00 1 hereby certify that the attached invoice(s), or 1082 -99 8029756 4343006 1,500.00 bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 7 -Oct 2010 Signature 7,600.00 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund