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HomeMy WebLinkAboutAmerican Heritage Contract FY21AGREEMENT FOR TRANSPORTATION SERVICES THIS AGREEMENT is made and entered into this 12th day of August, 2020, by and between Idaho Falls School District No. 91 ("District"), and American Heritage Charter School ("American Heritage"). RECITALS WHEREAS, Idaho Falls School District No. 91 is a public school district organized and existing under the laws of the State of Idaho; WHEREAS, American Heritage Charter School is a public school organized and operating pursuant to Idaho Code § 33-5201 et seq., and is a non-profit corporation of the State of Idaho; WHEREAS, the District owns and operates a fleet of buses over established routes and bus stops as approved by the District's Board of Trustees for the purposes of transporting those students of the District that meet the necessary requirements to be provided transportation to the various facilities owned and operated by the District; WHEREAS, American Heritage is located within the geographic boundaries of the District and desires to provide transportation to its students, without the necessity of creating a transportation system; WHEREAS, American Heritage is interested in entering into a contract with the District for the purpose of providing agreed upon transportation services for the students of American Heritage; WHEREAS, the District is willing to provide shared transportation services to American Heritage pursuant to the terms and conditions set out in this Agreement; WHEREAS, the parties have determined that it is to the mutual benefit of the parties to enter into this Agreement for the purposes of providing transportation services through the use of the District's transportation system pursuant to the specific terms and conditions set out herein. AGREEMENT NOW, THEREFORE, the District, acting by and through its Board of Trustees, and American Heritage, acting by and through its Board of Directors, in and for the consideration herein recited, the receipt of which is acknowledged, and the benefit of the public school students within both the District and American Heritage, hereby mutually agree as follows: 1. The District agrees, commencing on the 31 st day of August, 2020, through the 3rd day of June, 2021, to transport on its buses those students of American Heritage identified by American Heritage who qualify for transportation to a public school in accordance with the laws, rules, regulations and policies of the Idaho State Board of Education and the State of Idaho, subject, however, that in any and all events, the District's obligation is conditioned on space being available AGREEMENT FOR TRANSPORTATION 8/6/2020 SERVICES - IFSD/American Heritage - 1 reimburse the District at the normal rate for each extra mile driven resulting directly from the route change. E. It is agreed by and between the parties hereto that the District has no obligation to provide wheelchair or other special needs transportation services to American Heritage. In the event American Heritage requires wheelchair or other special needs services, American Heritage may request the same from the District and the District may provide such services, at the sole discretion of the District, at a rate and under conditions agreed upon by the parties on a case -by -case basis. F. It is agreed by and between the parties that in the event an emergency situation, such as bomb threats, fires, etc., arises, requiring evacuation of American Heritage, the District will make the best efforts to respond pursuant to request of American Heritage by providing a shuttle bus from American Heritage to the Skyline transfer point, subject to availability of an appropriate bus. In the event the request by American Heritage includes the busing of all American Heritage students, not just the ones who rode the shuttle bus the day of the emergency, American Heritage agrees to reimburse District for the cost of use of any additional buses at the normal field trip rate. G. It is agreed by and between the parties that in the event an emergency arises involving Skyline High School campus and the transfer point, an alternative transfer point will be established for purposes of making all necessary arrangements to allow American Heritage students to access the normal busing routes utilized as part of this Agreement. In the event the emergency disrupts the normal District transportation system to an extent which prevents the District from accommodating American Heritage students, the District is relieved from any obligation to provide transportation during the time of such emergency. In the event of such contingency, the District agrees to provide as much notice as possible to American Heritage indicating that busing services will be suspended and the length of time it is anticipated that such suspension will last. It is the responsibility of American Heritage to contact the parents of the American Heritage students in the event of any disruption in the District's bus service. H. It is agreed by and between the parties that all transportation services will be pursuant to and controlled by the attendance schedule of Skyline High School. The District shall have no obligation to provide transportation services to American Heritage on days or at times when Skyline High School is not in session or there has been early release or an emergency requires a dismissal of school at Skyline High School. The District agrees to provide notice to American Heritage as soon as reasonably possible when Skyline High School is to be closed because of weather or by reason of any other condition that might arise, creating a non -transportation day for the District. I. In the event that there is a scheduled non -transportation day for the District, American Heritage may request the District to continue to provide busing services on said day. The District, at its sole discretion, may agree to provide such services. In such event, American Heritage agrees to pay the District one hundred (100%) percent of all AGREEMENT FOR TRANSPORTATION 8/6/2020 SERVICES - IFSD/American Heritage - 3 or from school services. Any such services provided by the District will be on an as needed basis and subject to availability of District buses. All such services will be billed at the rate of $4.25 per mile and $35.00 per hour. Additionally, due to the current COVID-19 pandemic, the District reserves the right to change the rate per mile, with appropriate notice to American Heritage, should local circumstances change that impact the cost per mile. N. It is agreed by and between the parties that American Heritage will not claim its students in a daily rider count and defers such claim to the District, who will claim American Heritage students with the State Department of Education for purposes of reimbursement of transportation services. American Heritage agrees to pay District within thirty (30) days of the receipt from District of any invoice relating to any transportation services set out herein and calculated as follows: 1. For to and from school transportation services, the cost will be calculated as twenty and six -tenths (20.06%) percent of the District's daily rate per rider costs (as calculated for FY20, plus an administrative fee of eight (8%) percent. 2. Field trips or other transportation services not reimbursed by State Department of Education shall be billed on a monthly basis at a rate of $4.25 per mile and $35.00 per hour. The cost will be calculated from the bus stop assignment to the bus or buses being utilized on a round trip basis. Additionally, the District will not provide field trip services unless they are also currently being conducted within the district and reserves the right to refuse this service due to COVID-19 restrictions. O. It is agreed by and between the parties that American Heritage will comply with the D91 COVID-19 reopening plan procedures relating to transportation, as outlined by the District Board of Directors, which may include but is not limited to the following: 1. Masks 2. Seating requirements 3. Social distancing 4. Alternating schedules 5. Students isolating when ill 6. Notification guidelines for positive tests 7. Parental transportation to aid with social distancing Additionally, American Heritage agrees to reimburse the district for any additional COVID-19 related costs, (at cost) incurred by the District in relation to the transportation of American Heritage students. AGREEMENT FOR TRANSPORTATION 8/6/2020 SERVICES - IFSD/American Heritage - 5 11. Signature Pages. A facsimile of the signature page evidencing the signature of a party(s) to this Agreement shall constitute an original signature(s). 12. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person or entity, other than the parties hereto, any remedy or claim under or by reason of this Agreement or any term, covenant, or condition hereof, as third -party beneficiary or otherwise, and all of the terms, covenants and conditions hereof shall be for the sole and exclusive benefit of the parties hereto. 13. Survival of Representations and Warranties. All representations, warranties, covenants and agreements of all parties hereto or contained herein shall survive the closing and delivery of the documents described herein and the payment of all sums required to be paid hereunder. 14. Recitals Incorporated. The recitals as set forth above are incorporated by reference herein. The parties agree that the foregoing recitals are not mere recitations, but are full and complete statements of the facts underlining the basis and purpose of this agreement and are covenants of the parties as may be appropriate, and a portion of the consideration for the agreements contained herein. 15. The persons signing this Agreement on behalf of American Heritage Charter School represent that it has been approved by the governing body of said school, namely the American Heritage Charter School; that they are authorized to sign on behalf of said school; and that said school will be financially responsible for all payments that may become due under this Agreement. The persons signing this Agreement on behalf of American Heritage Charter School hereby guarantee payment of all payments that may become due under this Agreement on behalf of American Heritage Charter School. IDAHO ALLS SCHOOL DISTRICT NO. 91 By Lara Hill Chair, Board of Trustees AMERICAN HERITAGE CHARTER SCHOOL Chair, Board of Directors AGREEMENT FOR TRANSPORTATION 8/6/2020 SERVICES - IFSD/American Heritage - 7 g, Hea&gs Not gontrolling. The paragraph headings included herein are for reference only and are not part of this Agreement. The headings shall not control or alter the meaning of this Agreement as set forth in the text 9. Waiver. A waiver or any breach of, or failure to enforce, any of the terms or conditions of this Agreement shall not in any way affect, limit or waive a parry's rights to enforce noncompliance thereafter with each and every term and condition of this Agreement. M EntireAgnment. This Agreement memorializes the entire agreement of the parties in all thew subjects. This Agreement may not be modified, interpreted, amended, waived or revoked orally, but only by a writing signed by all parties. No party is entering into this Agreement in reliance on oral or written promises, inducements, representations, understandings, interpretations or agreements other than those contained in this Agreement. 11. Sigasture Paees. A facsimile of the signature page evidencing the signature of a party(s) to this Agreement shall constitute an original signahn e(s). 12. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person or entity, other than the parties hereto, any remedy or claim under or by reason of this Agreement or any term, covenant, or condition hereof, as third -party beneficiary or otherwise, and all of the terms, covenants and conditions hereof shall be for the sole and exclusive benefit of the parties hereto. U. Survival of ftresentations and Warranties. All representations, warranties, covenants and agreements of all parties hereto or contained herein shall survive the closing and delivery of the documents described herein and the payment of all sums required to be paid hereunder. 14. Recitals Incorporated. The recitals as set forth above are incorporated by reference herein. The parties agree that the foregoing recitals are not mere recitations, but are full and complete statements of the facts underlining the basis and purpose of this agreement and are covenants of the parties as may be appropriate, and a portion of the consideration for the agreements contained herein. 15. The persons signing this Agreement on behalf of American Heritage Charter School represent that it has been approved by the governing body of said school, namely the American Heritage Charter School; that they are authorized to sign on behalf of said school; and that said school will be financially responsible for all payments that may become due under this Agreement. The persons signing this Agreement on behalf of American Heritage Charter School hereby guarantee payment of all payments that may become due under this Agreement on behalf Of American Heritage Charter School. IDAHO FALLS SCHOOL DISTRICT NO.91 0 Lara Hill Chair, Board of Trustees AMFERICAN HERITAGE CHARTER SCHOOL 0 Chair, Board of Directors AGRIsF. MNT FAR n ANSPDRTAIIQN 9I 2020 SERVICES-IFSDIAnwiew Haitap - 7