Charter School Agreement - International Community School .SY 22-23 - July 11, 2022 - DCSD Board Meeting Archive

SCHOOL BUS SERVICES AGREEMENT
Between
DeKalb County School District
And
International Community School, 2022-2023 SY
This School Bus Services Agreement (“Agreement”) is made and entered into on May 30th,
2022 by and between the DeKalb County School District (“DCSD”) and International
Community School (the “Charter”). The DCSD and the Charter are referred to jointly as the
“Parties” and individually as a “Party.”

WITNESSTH:

WHEREAS, the Charter operates a charter school in the DCSD, located at 2418 Wood
Trail Lane, Decatur, Georgia 30033 pursuant to a charter between the Charter and the
DeKalb County Board of Education;

WHEREAS, the Charter intends to provide school bus service for students who attend
its school;

WHEREAS, the Charter desires to contract with DCSD to provide school bus services,
and while DCSD has no requirement to do so, DCSD has agreed to provide school bus
services for the Charter, pursuant to the terms and conditions set forth herein;

NOW THEREFORE, the good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and in consideration of the mutual promises and
undertakings contained herein, the parties hereto do hereby agree and consent to the
following:

1. Term. This Agreement shall commence effective August 1, 2022 (“Effective
Date”) and expire on June 30, 2023 (“Term”), provided, however, that each Party
has the right to terminate this Agreement for its convenience and without cause,
after providing ninety (90) days written notice to the other Party. Notice shall be
provided as stated below. Additionally, if either party breaches any of its
obligations under this Agreement, the other party shall notify the breaching party
in writing citing each and every claimed breaches. The breaching party shall have
thirty days to remedy the cited breaches. If the breaching party fails to remedy the
cited breaches, then the other party may terminate this Agreement upon thirty (30)
days written notice.

2. Termination. This Agreement shall automatically terminate upon the termination
of the Charter (“Effective Date of Termination”). In the event of termination of
this Agreement, the Charter shall be responsible for payment to DCSD for all
school bus services provided through the Effective Date of Termination. This
Agreement is expressly subject to and contingent upon approval by the DeKalb
County Board of Education, which approval may be granted or denied in the
Board’s sole discretion.

3. School Bus Services Provided by DCSD.
DCSD agrees to the following:
DCSD shall provide limited school bus service to the Charter, as outlined
in Attachment A, during the Term of this Agreement. For the routes listed under
the “REGULAR BUS SERVICE” section in Attachment A, the Charter will
provide the specific dates of service and details (bell time schedules, half day, full
day, etc.) for each day of each school year, but these dates may be altered due to
inclement weather or other legal conditions. DCSD also agrees to provide field
trip services according to the conditions listed in Attachment A. No persons other
than students currently attending the Charter school, supervisors, DCSD
employees, Charter employees, or DCSD drivers in training are to ride the buses
without the written approval of the Charter. DCSD shall at all times have sole
authority to develop, modify, and/or cancel routes.

DCSD shall provide all buses for the performance of this Agreement, and
agrees that all buses will meet all applicable requirements for school buses as set
forth in federal, state and/or local law, rules, regulation or policies.

4. Charter Responsibilities. The Charter agrees to provide their specific dates of
service and details, if any, as referenced in Paragraph 2 and the required
insurance documents, outlined below in Paragraph 6, no later than 30 days prior
to its first day of service.

5. Pricing and Payment. The Charter shall pay DCSD for the school bus services
provided hereunder according to the terms outlined in the “COMPENSATION
FOR BUS SERVICES” Section of Attachment A. DCSD shall invoice the
Charter monthly. The Charter shall pay such invoices within 30 days of the date
of each invoice.

6. Nondiscrimination. The Parties agree that no child shall be discriminated against
on the basis of race, color, national origin, sex or disability. The Parties further
agree that no child’s eligibility for the National School Lunch Program will be
overtly identified through actions of DCSD or the Charter.

7. Indemnification and Insurance. The Charter shall hold harmless and indemnify
DCSD, the DeKalb County Board of Education, its members, officers,
employees, agents, volunteers, and assigns (the “DCSD Indemnitees”) for every
liability, claim or demand arising out of or relating to DCSD’s provision of
school bus services under this Agreement. The Charter’s obligation to indemnify
DCSD Indemnitees shall survive the completion, expiration, or termination of
this Agreement. In addition, the Charter shall cause the DCSD Indemnitees to be
named as additional insured under the Charter’s insurance policies required by
the terms of the charter. Neither DCSD nor any of the other DCSD indemnitees
shall be liable for, nor shall the Charter seek recovery, reimbursement, or
compensation for, any loss, liability, claims, demands, damages (whether direct,
indirect, special, consequential, or otherwise) arising from or related to DCSD’s
provision of school bus services under this Agreement.

8. Modification. This Agreement may not be changed, modified, amended or
altered except in a written agreement signed by the Parties.

9. Successors and Assigns. The provisions of this Agreement shall extend to the
successors and assigns of the DCSD. This Agreement may not be assigned by
the Charter without the prior written consent of the DCSD, which consent may
be granted or withheld in DCSD’s sole discretion.

10. No Violation. The Charter represents and warrants that the execution of, and
performance under, this Agreement will not be a breach of, violation of, or
conflict with any other contract or agreement to which it is a party or subject.

11. Severability. In the event that any term or provision of the Agreement is found to
be, or becomes by operation of law, invalid, unenforceable or void, the
remaining terms and provisions shall not be affected thereby and shall remain in
full force and effect, and the invalid, unenforceable or void term or provision
shall be deemed not to be a part of this Agreement.

12. Headings/Interpretation of Agreement. The headings contained in this
Agreement are for convenience only and shall not affect in any way the meaning
or interpretation of this Agreement. The Parties agree that this Agreement was
fairly negotiated at arm’s length, and neither Party shall be considered to have
been the drafter of the Agreement for purposes of any rules of construction.

13. Governing Law and Venue. This Agreement shall be governed by and construed
and enforced in accordance with the laws of the State of Georgia. The exclusive
venue for any action arising out of or related to this Agreement shall be in the
superior; or state courts of DeKalb County, Georgia.

14. Transportation Boundaries. All parents are responsible for transporting their
students to the pre-determined bus stops listed in Appendix B. Any changes in
the bus stops will be determined jointly by DCSD and ICS.

15. Discipline. The ultimate responsibility and authority to suspend or expel any
student from transportation services hereunder shall rest with the Charter.
Drivers are responsible only for such discipline as is required to safely and
properly operate buses. All discipline problems shall be reported in writing to the
driver following completion of the route.
16. Bus Stops. Students utilizing the bus will meet at locations that are pre-
determined. Parents will be responsible for making sure students arrive and leave
safely to each bus stop. Parents who do not meet their child at the bus stop on 2
occurrences may have bus-riding privileges revoked. DCSD will communicate
with ICS in these incidences and ICS will communicate with parents, as needed.

17. Notices. Unless otherwise provided in the Agreement, all notices, including, but
not limited to, any notice of termination of this Agreement, shall be in writing
and shall be personally delivered, sent by overnight delivery service or sent by
certified mail, return receipt requested, postage prepaid. Notices shall be deemed
given (a) on the date delivered if delivered personally, (b) on the first business
day following the date of dispatch if delivered by overnight delivery service, or
(c) on the earlier of confirmed receipt or the fifth business day following the date
of mailing if sent by certified mail. Notices shall be addressed as follows:

To DCSD: DeKalb County School District
Attn: Superintendent
1701 Mountain Industrial Boulevard
Stone Mountain, Georgia 30083

To Charter: Mrs. Kristine Hansen-Dederick
Attn: Board Chair
2418 Wood Trail Lane
Decatur, Georgia 30033

18. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, and all counterparts so executed shall constitute one
agreement binding upon all the Parties. Counterparts may be transmitted by
facsimile or electronic mail, and such electronically transmitted counterparts
shall be binding and enforceable.

19. Waiver. No failure or delay by the DCSD in exercising any right or remedy
hereunder shall operate as a waiver thereof, nor shall any single or partial
exercise of any such right or power, or any abandonment or discontinuance of
steps to enforce such right or power, or any course of conduct, preclude any
other or further exercise thereof or the exercise of any other right or power. The
rights and remedies of the DCSD hereunder are cumulative and are not exclusive
of any rights or remedies which it would otherwise have hereunder. Nothing
herein is intended to operate, nor shall it operate or be deemed to operate, as a
waiver, in whole or in part, of DCSD’s right to claim or assert sovereign
immunity with respect to any claim arising hereunder, but such right is herein
expressly reserved to the fullest extent provided by law.

20. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties with respect to the subject matter set forth herein and supersedes all prior,
contemporaneous, written or oral negotiations, agreements, or understandings
between the Parties regarding such matters. No subsequent amendment or
agreement shall be binding upon either party unless it is signed and delivered by
both parties hereto.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their duly authorized signatories effective as of the date written above.

DEKALB COUNTY SCHOOL DISTRICT

By: ____________________________________
Dr. Vasanne Tinsley
DCSD Interim Superintendent

By: ____________________________________
Mrs. Vickie B. Turner
DCSD Board Chair

International Community School

By: ____________________________________
Kristine Hansen-Dederick
ICS Board Chair

By: ____________________________________
Alastair Pullen
ICS Principal/CEO
ATTACHMENT “A”
LEVEL OF SERVICE AND COMPENSATION FOR BUS SERVICES
REGULAR BUS SERVICE
The level of bus service provided by DCSD to the Charter is limited to no more than 180
days of regular bus service as outlined below:

Route # School Frequency/Mileage Bus Type
1 International Community School School Days/AM and PM Conventional
2 International Community School School Days/AM and PM Conventional
3 International Community School School Days/AM and PM Conventional
4 International Community School School Days/AM and PM Conventional

Regular bus service is defined as bus service provided to the general population of students
attending the school and not service targeted for special needs of certain students. Other than
the specific daily routes to and from school listed above and field trips below, no special
education transportation, midday service, or other bus transportation services shall be
provided under this Agreement. The Charter shall be responsible for providing special
education transportation, midday service, or other bus transportation services required by
federal, state and/or local law, rules, regulation or policies for the population of students
attending the Charter.

COMPENSATION FOR BUS SERVICES
DCSD will invoice monthly and Charter shall pay the DCSD the following on a monthly basis:

1. Actual mileage cost for the month being invoiced is at $4.87 per mile. Miles calculated
will include dead-head miles or any other mileage needed to provide the service under
this Agreement; and

2. 3% transportation service fee applied to the total invoiced amount, to cover the
administration of the drivers, invoicing duties, and other administrative costs; and

3. Driver’s salary not to exceed $25.00 per hour.

4. Dead-head miles will be calculated as:
● For a leg not connecting to a DCSD bus route, 100% of the miles from the
first/last stop to/from the parking location of the bus.
● For a leg connecting to a DCSD bus route, 50% of the miles from the first/last
stop for the Charter to the last/first stop of the DCSD route.

5. Should the fuel prices increase to the point of a negative impact on DCSD’s budget,
then the Charter agrees to, within fifteen (15) days after receipt of written notice by
DCSD, in good faith, renegotiate the terms of this Agreement.
FIELD TRIP BUS SERVICE
DCSD will provide field trip service, when buses and/or drivers are available, for the Charter.
The Charter shall follow the procedures of establishing and conducting field trip service
according to the latest version of the DCSD Field Trip Manual. Overtime charges may apply.
DCSD will invoice full cost of field trips monthly according to DCSD Field Trip Manual
which apply to DCSD students. The Charter shall pay such invoices to DCSD within 30 days
of the date of each invoice.
ATTACHMENT “B”
BUS ROUTES FOR INTERNATIONAL COMMUNITY SCHOOL

Agenda Item