HomeMy WebLinkAboutAmerican HeritageCONTNACT FOR TRANSPORTATION SERVICES
BETWEEN Amerlcrn Herltage Cherter School AllD Idaho fdlr Distrlcr #91
This Contract for Transpoftation Serviees (rhe "Contacf) is entercd into on g9pg4[4!g6lpj[!
(the "Effecfive D8te") betwo€n tho Amcrican Heritage Charter School, Bonneville County, Idaho,
(the 'Districf), and ldaho Falls District ofBonneville County, Idaho (thc .ContractoC).
RECITALS
WHEREAS, ldaho Falls School Disrricr No. 9l is a public school district organized and
existing under the laws ofthe Stste of Idaho;
WHEREAS, Amcrican HaitaSe CharGr Schoot is a public school organizrd End opcrating
pursuant to ldaho Code$33-5201 g15q- and is a noF.profit corporation ofthe Statc of ldaho;
WHEREAS, the DisEict owns and opcratG a flcct of buses ovcr cstablished routcs ard bus
slops as approved by the Distsict's Board of Trustees for tho purposes of transporting lhose
students ofthe Distrist that meet the necessaDr r€quircments to be providod transportstion to the
various facilities owned and operatcd by the Districq
WHEREAS, American Heritage is localed within the geographic boundariGs of thc Dstrict
and desires to provide transpo ation to its students, without the nec€ssity of crcating a
transportation systcm;
WHEREAS, American HoritaSe is intcrcstcd in ontoring into a confact with rhe District
for the purpose of providing agreed upon transportltion ssrvic€s for the studcnts of Amcrican
Heritage;
WHEREAS, thc District is willing ro provide shared tnnsportstion rerviccs to Amcrican
Herirage pursuant to the terms and conditions set out in this AgrEemenq
WHEREAS, the parties have determined that it is to the mutual benefit of the parties to
enter into this Agrc€ment for th€ purposes ofproviding transportation services through the use of
the Distrist's transportation system pursuant to thcspecific terms and conditions sa out herein.
AGREEMENT
NOW, THEREFORE, the District, actinS by and throwh its Bonrd of Trustees, and
Amcrican Hcritage, acting by and through its Board of Dircctors, in and for the considerstion
horein r€cited, tho roceipt ofwhich is acknowledged and the b€n€fit ofthe public school students
within boththe District and American Heritage, hereby mutually agree as follows:
I. The DisEict agrGes, commencing on the 151 day oftg!en!er2022. rhrough the
z5lh-dty ofl{El-z02L !o transport on its buses those students of American Heritage idGntified by
Amorican Heritage who qualif for transportation to a public school in accordance with the laws,
rules, rcgulations and policies of the Idaho State Board of Education and the State of ldaho,
subjcct, however, thar in any and all events, the Districfs obligation is conditioned on space being
available
on lhe buses utilized by the District as pan of this Agreement. Said transportafion services are
funhcr eonditioncd as follows:
A. The serviccs provided by tte Distict to American Herluge will be provided
only within the boundarics ofthe estsblished Skyline High School busing area. Any and
all Amerlcan Herltage students who reside oulside ofthe identified busing area will be
transported, on a spEce availsble basis only, from an established District bus stop locatcd
within thc cstablished bEing arc& It is the responslbiltty of American Herioge studcnB to
get to a bus stop for pick up by thc Districl. Bus stops closcst to a student's r€sidence can
bc determined by utilizing thc District's website at www.ifschools.org. Thc Distict will
have no obligarion or responsibility to trsrsport American Heritage stud€nts other than
those studenB rcsidingwithin the cstablished busing arca, orthose studenB who arc located
ar an cstsblished Distrlct bus stop within the idcntified busing area
B. All American Herit8ge snrdents picked up at their place of rcsidencc or at
an cstablishcd Disfict bus stop will be trsnsportcd to a ransfer arca loc8ted at a designated
spot on the campus of Skyline High School. American Heritage agrees to provide supervision
at the cstablishcd hansfcr location for bodr the moming and aftemoon tansfer activities.
American Heri ge is required to provide such supervision at the trEnsfer point, until all
American Heritage studcnts havc transfemd to thc shuttle bus in the moming or to their
rcspcctivc buses to retum to lheir residence or designated bus stop from which they wcre
picked up in thc moming.
C. lt is agrecd by the p8rties that the District will provide a shuttle bus from
the Skyline transfcr point to thc Amcrican Heritage campus ln the moming and provide a
shuttlo bus from the American Heritage campus to fte St(ylinc transfer point in thc
aft€moon. The partics agree to establish spccific times said shuttle bus will operate
pursuant to separate written notice. In the event that sny of the normal Disirict buses
bringing Amcrican Haitage students to thc Skyline mnsfer point are delayed or off
schodule, it is agrecd by and between tho parties that the shuttle bus will remain at the
Skyline fansfer point until such time as all District buses arrive ar the Skyline transfer
point.
D. It is contemplared by and bctween the parties that thc majority of the
American Heritage sndenB will be picked up by Distict buses at designatcd District bus
slops located within the Skyline High School busing area It is agreed that for those American
Hcritagc students rcsiding in the rural ares ofthe Skyline High School busing arca, that the
Disfict will pick up each sntdcnt at thsir home addrcsses, if those strd€nts addrcsses ate
along a normal cstablishcd District bus rout€. The Distict is willing on a casc{y-case
basis, to rc-rout€ certain buses from thc cunently established bus routes in or&r to pick up
Arnsrican Heritsge shrdents residing in thc rural areas ofthe Skyline High School busing
arta, so long as, such re-routing con be accornplished withour a material change o the overall
route which effccts thc timing of said bus ariving at the Skyline transfer poinL It is aglcd
Out 8t no time will the District have any obligation to pick up any Amcricsn Herilrge
student thar rcsidcs outside of tk Slryline Higlr School busing area- In the evont that an
agrcod upon G.route ls established American Heritage agrees to
rcimburse the District at the normal ratc for cach extra mile driven rcsulting dircctly from
the route change,
E. It is agr€ed by and between thc partics hereto that tte District has no
obligation to provide wheelchair or ottrr special needs transportstion scrviccs to American
Hcritagc. In thc cvcnt American Heritage rcquires wheelchair or other special needs
scrviccs. American Heritage may rcqu*t thc same from lhc Distdct and the District may
provide such servlces! at the solc discrction ofthe District, at a rate and under conditions
agrced ryon by the padics ona ca.se-by-car basis.
F. lt is agreed by and betwccn the parties that in thc cvcnt an einergency
situation, such as bomb threats, firts, etc., aris€s! rcquiring cvacuation of American
Heriuge, the Disniot will make ttrc bcst effors o respond pursuant to rcquest of Amcrican
Heritago by providing a shuttle bus from American Hoitage to the Skylinc transftr poin!
subject to availability ofan appropriate bus. In thc evcnt the requeet by American HeritEge
includcsthe bwing of all Amcrican Heritage studentq notjust the on€s who rode thc shuule
bus the day of the emeryency, American Hcritage agrtes to reimbuse District for the cos.t
ofuse ofany additional buses atthenormal field tsiprate.
G. h is agreed by and between the partics that in firc evcnt an emergency arises
involving Skylinc High School campus and the transfer point, an altemative transfer point
will bc established for purposes ofmaking all neccsary arang€ments to allow American
Hcritage studcnts to acccss the normal busing routcs utilizcd as palt ofthis Agecment. In
thc cvcnt thc emcrgency disrup6 thc normal Distriot transportation systcm to an extent
which prevents the District from accommodating American Heritage students, the District
is relieved from any obligation to provide transponation during the time of such
emergcncy, In thc cvcnt ofsuch contingerry, thc Distriot agrccs to provide as much notice
as possiblc to American Heritsg€ indicating that busing scnices will be suspended and drc
length oftime it is anticipated that such suspension will last It is the responsibility of
American Heritage to contact the psrents ofthe American Heritage students in the event of
any disrupion in the District's busscrvicc.
H. It is agreed by and between thc parties that all transporation services will
be pursuant to and controllcd by the attendance schedule ofSkyline High School. The
District shall have no obligation to provide transportation services to Amcrican Hcritage
on days or at times when Skyline High School is not in session or thcre has been eariy
release or an emergcncy rcquires a dismissal ofschool at Skyline High School . Tlre Distriit
agrres to providc notice to American Hcritage as soon as reasonably possible when Skyline
High School is to be closed becausc ofweather or by reason ofany other condition that
might arise, crcating a non-transportation day forthe Disricr
I. In the event that there is a scheduled non-transponation day for the District,
American Hcritage may request the District to continue to provide busing services on said
day. The District, at ig sole discrction, may agrec to provide such services. In srrh event,
Americen Heritrge agrecs to pay the District onc hundred (1007o) pcrccnt of all
Enqportr-tio-n !o!b incuned by the District in busing American Hcritagc students while
Skyline High School is not in-sessron.
. J. lt is a$Eed by and between the parties tlut all Amcrican Heritage students
utilizing busing services pursuant to this Agreement ar€ subject to and must cohply with
all bus rules and District policies relating to busing and trsnsportation. It is sgreed that the
Disrrict Dircctor of Transponation. or dcsignee, will communicate with thi principat of
American Heritage when disciplinary issucs involving Amcrican Heritage students arise.
It is furdrer agrced that the Dirrcor ofTnnsportation has the authority to suspend any
American Heritage str.rdent tom riding on the bus bascd upon the student,s failure to
comply witr District policies, bus drivcr directives, orany other disciplinary issue.
K. It is agreed by and bctween the parties drat Amcrican Hcritage will provide
to the District 8 full and complete list ofall students anticipated to utilize the District's
busing scrviccs no later than August 25. 2022. This will provide sufficient time for thc
District to place such studcnts on the busing route systcm ofthe District and make any or
all rlterations necessary to control and utilize the District's transportation systcm in a
manner which is in the best interests ofthe District and American Heritage. lt is further
agrecd that thc District will prcpare a fonn to be utilizcd by American Hcritage to provide
notice to the Dslrict ofany additions or deletions ofan American Hcritage student utilizing
the Dsrict's busing services, lt is fur$€r rccognized and acknowledged by and between
the parties that during the term oflhis Agreement, there may be changes to the routes or
climinuion of established bus stops in an effort to maximize the effciency ofthe Disfict's
overall busing system. ln &e event ofany and ell changes, the District agres to provide
notice ofsuch changes to Americsn Heritage so that American Heritage can then provide
noticc lo studentsor paronts ofchange oflocation of pick up and drop offpoints.
L. h is agrccd by and between the parties that the Americsn Heritage studens
will be assigned o a specific bus, based upon the location ofdreir residence or the location
ofthe normal bus stop pick up and drop offpoint uscd by that studenl It is agreed thst in
the event any American Hcritage student wishcs to ride a bus, othcr than their assigned
bus, the studcnt must follow the District's bus pass policy. A copy will bc providcd to
Amcrican Heritagc and it will be American Heritage's responsibility to insurc that each
American Heritage student utilizes their assigned bus or satisfies the requiremens ofsuch
Bus Pass Policy. It is agrccd by and between the partics that the Dlstrict has no
rcpoftsibility to insure that an Americsn Heritrgp stud€nt ulilizes fteir assigncd buses.The
suprvision pmvided by American Heritage at the Skyline tansfer point will be responsible
for Amcrican Heritage students and their ultimatc utilization ofthe District transportation
sy$cm.
M. Any and all rcqucsts for tBnsportation of American Heritage students
outside the normal to and from school transportation servic€s set out herein will be handled
on a case-by+ase basis. Requests by American Heritage for otherthan to and from school
ransportstion may includc ficld trips, of any kird or naturc, and/or transportation needs
associated with special programs or othcr in or afterschool activitics rcquiring the necd of
tsEnsporting American Heritage studenls in& m&nner oratatime otherthan the normal to
l. For to and from school transportation sorvices, Orc cost tyill be
calcularcd as twenty-two and four-tenth8 (22.407c) percent of ths District's daily
ratc pcr rider co6ts (as calculated for FY2 2, plus an administErive fec ofcight (896)
pcrcent.
2- Field trips or other transponation services not ,eimbursed by Stat.
Department of Education shall bc biUed on E monthly bssis Et a rata of g52O per
mile and $35.00 per hour. The cost will be calculared from the bus stop assignment
to tho bus or buses bcing utilizod on a round trip basis. Additionally, thc District
will 60]lprovido field trip scrvicss unless thcy arc also curently being conducrcd
within the district and rqrerve3 rhe right to refuse this service due to COVID-I9
r€striclions.
0. It is agred by and botwccn the prtti€s thar Amcrican Hcritage will comply \,vith th€
D9l COVID I9 Eopcning plan prccedures r€lsting to nrnspondion, as outlined by
the District Board of Diroctors, which may include but is not limitcd to tho following:
l. Mask
2. Sealing rEquirements
3. Social distancing
4. Altcmating schedules
5. Studcns isolating whcn ill
6. Notification guidclincs for positiye tests
7. Parcntrl transport8tion to aid with social distaming
Additionally. Amcrican Haritage agrecs to rEimbursc thc district for any additional
COVID- lgrelated cosB, (at cost) incured by the Disrrict in r€lation to thc
transportation of American Heritagc studenB.
ot from school scrvices. Any such services provided by the Disrfict will bo on an as needed
bssis snd subjEct to availability of Distria buses. All such services will bc billod 8t the ratc
of $5.20 per milo and $35.00 per hour. Additionatly, due to the current COVIDIS
psndcmlc, thc District rescryes thc righr to chrngc the rdc pcr mile, with sppropriat€ notic€
to American Heritsge, should local circumstances change that impact thc cost per mile.
N. It is rgrcGd by and bctwcon thc portics that Amcrican Heritage will nor claim its
students ln a daily rider count and defcrs such claim to thc District, who will claim
Amorican Heritago studen6 with the Statc Dcpattmcnt of Education for purposes of
reimbuB€meni of transportation serviccs. American Hcritage agrees to pay District
within thirty (30) days of rhe receipt from District of any invoice rclating o any
fansponrtion serviccs scl out hersin and calculated as follows:
2. The term ofthis Agreement will be from the l$ day of gEp194!9g.!!!! through
thc fl3[ day of !l!y-].@! unloss otherwise agreed by t]ro partios. Eith8r party to this Agrccmcnt
may termlnatc thls Agrcement by glvlng wrltten notice ofsuch intent to the other st lesst sixty (60)
days bcfore thc cffcctive date ofsuch termination. Additionally, the district may terminate this
agreement due to unforeseen circumstances regarding COVID-!9 with appropriate notic€ given to
American Heritage.
f. EiUingj!4PewrD! District will bill American Herirage on the tenth (10s1 of
cach month fur tfic total cost of all serviccs provldcd t}o prwious month. Amcrican Hcritagc agrccs
to pay District thetotal amounl ofeach invoico within thirty (30) days ofthe date ofthe invoicc.
1. EbCitrgArenCnt This Agreement, hcrcby ag€cd to by thc parties, is binding
upon and enforceablo against any and all oflhe pcrsons and entities in whos€ favor the Agrccment
runs. This agreement, a8red to by the pErties is also enforceable by and binding upon all ofthe
porties, assigns, succ6so6, egents,cmployees, trustees and rcprcsentatives.
5, Governinq I aw. This Agreement shall be interpreted and enforced accoding to
ftc laws ofthe Statc ofldaho.
6. AgOIEglEeg[. Should it bc necessary for any psrty to this A8reemcnt to initiare
or deftnd any legal proceedings wherein any issues arising under the Agreanent are adj udicsted,
the prevailing party in sueh legal proceedings shalt be entltled to an award of lts anomey fees,
costs, expenses and dlsbu$mcnts (lncludlng tlre fees and Gxpcnscs ofcxpcrt and frct witncsscs),
rcasonably insurod or made by it in proparing to bring suit, duing suit, on appeal, on paition for
review and in enforcing any judgment or award.
7. SOCfehilig,. This Agrccmcnt hcrcto does not violate- any fodcral, stat€ or local
statuts, ordinsnce, rcgulation or common law known. but any provision or portion thereofthat is
found to be ln violatlon of 8ny statutc, odinsnce, regulation or common law shall be considcrrd
null and void with thc remaining provisions remaining viable and in efrect.
t. HCdilgl-NotlqlEelio& The paragraph headings inctudcd hcrcin ars for
rcference only and arc not part of lhis Agrcement. Ttre headings shall not control or sltcr the
mcaning ofthis Agreement as s€t forth in the text.
9. YdIg!. A wairrer or any breach of, or failurc to enforcc, any ofthe tcrm or conditiors
ofihis Agreerneat shall not in any way affect, limit or waive a party's rights to cnforrc noncompliarrcc
ther€aftcr with each and every erm and cordition of this Agrcement.
I0, E!$EllercEl This Agreement memorializcs thc entirc agrecnrent ofthe partics
in all thesc subjecs. This Agreement may not be modified" intcrprctcd, amended, waivcd or
revokcd orally, but onty by a writing signed by 8ll parties. No party i8 entering into this
Agrccrnent in rctiancc on oral or written promiscs, induccments, rcPrcsentations, understanding$
interprctations or agrcGrnents other than tho6e containcd in this Agr€ement
I L SiC0!fitrt!.P!86. A facslmlle of lhe signaturc Page evidencing the signature of a
party(s) to thls Agr€cm€nt shall constitutesn originsl signature(s).
12- No Third Partv Beneficia es. Nothing in this Agreemenl express or implied, is
intended or shall be construed lo confer upon any person or entity. other dtan ahe parlies hereto.
any remedy or claim under or by reason of this Agreement or any term, coyenant. or condition
hereof. as tlrird-party beneficiary or otherwise, and all of the lenns, covenanls and condition.
hereolshall be forthesole and exclusive benefit ofthe parties hereto.
I J. Survival of Reprcsentations and Warranties. Al I representations. warranties,
covenants and agrcements of all parties hereto or contained herein shall survive the closing, and
delivery ofthe documents descriH herein and the payment ofall sums r€quired lo be paid hereunder.
14. Recitals Incomorated. The rccihls as set forth above are incorporated by reference
hercin. llle parties agree that the forcgoing recitals are not mere recitations. but are full and
complete statements of the facts underlining rhe basis and purpose of this agreement and are
col,enants of the pafties as may be appropriate. and a ponion of the consideration for the
agreements contained herein-
15. The persons si$ling this Agreement on behalf of American Heritage Charter School
represent thst it has been approved by the goveming body ofsaid school. namely the American
Heritage Charter School; that they are authorized to sign on behalfofsaid school: and lhat said
school will be linancially responsible forall payments that may become due under this Agrremenr-
One persons signing this Agreement on behalf of American Heritage Chaner School hereby
guaranlee paymenl ofall payments that may become due under this Agreement on behalfofAmerican
Heril age Chafler School.
Amcrican Hcri Ch r School Idaho Fslls District #91
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