PATH 22-23 Bus Services Agreement Updated.1 - July 11, 2022 - DCSD Board Meeting Archive

SCHOOL BUS SERVICES AGREEMENT

THIS SCHOOL BUS SERVICES AGREEMENT (the “Agreement”) is made and entered
on May 30th, 2022 by and between DeKalb County School District (“DCSD”) and DeKalb PATH
Academy, Inc. (the “Charter”). DCSD and Charter are referred to collectively as the “Parties” and
individually as a “Party.”

WITNESSETH

WHEREAS, Charter operates a charter school (the “School”) located at 3007 Hermance
Drive, NE, Atlanta, GA 30319, under a charter between Charter and the DeKalb County Board of
Education (the “BOE”);

WHEREAS, the School is located within the DCSD;

WHEREAS, Charter desires to provide bus services for students who attend the school;

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

NOW, THEREFORE, for 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 agree and consent to the following:

1. Term. Services provided under this Agreement shall commence on August 1, 2022 (the
“Commencement Date”) and continue through and including May 31, 2023 (the “Term”) unless
sooner terminated as provided in Paragraph 2.

2. Termination. This Agreement shall automatically terminate upon any termination of the
charter for the Charter. Each Party has the right to terminate this Agreement for convenience and
without cause, following ninety (90) days’ written notice to the other Party. Notwithstanding the
foregoing, in the event a party breaches any of its obligations hereunder and fails to remedy said
breach following thirty (30) days’ written notice of same, the other Party may terminate this
Agreement. In the event of termination of this Agreement, the Charter shall be responsible for
payment to DCSD for all bus services provided through the effective date of any such termination.

3. Approval by BOE. This Agreement is expressly subject to and contingent upon approval
by the BOE, which approval may be granted or denied in the sole discretion of BOE.

4. Bus Services Provided by DCSD. DCSD agrees to the following:

(a) During the Term, DCSD shall provide limited bus service to Charter as outlined in
Exhibit “A”, attached hereto. For the routes listed under the “REGULAR BUS SERVICE”
section in Exhibit “A”, Charter will provide the specific dates of service and details (bell time

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schedules, half day, full day, etc.) for each day of the school year, but said dates are subject to
alteration due to inclement weather or other conditions. DCSD shall provide field trip services
according to the conditions listed in Exhibit “A”. No persons other than students currently
attending the School, supervisors, DCSD employees, Charter employees, or DCSD drivers in
training are permitted to ride the buses without the prior written approval of Charter. DCSD shall
have the sole authority to develop, modify, and/or cancel routes during the Term.

(b) DCSD shall provide all buses for the performance of this Agreement and agrees
that all buses shall meet all applicable requirements for school buses as outlined in federal, state
and/or local law, rules, regulation or policies

5. Responsibilities of Charter. Charter agrees to provide to DCSD the specific dates of bus
service and details if any, as referenced in Paragraph 4 and the required insurance documents no
later than thirty (30) days before the first day of bus service to be provided hereunder.

6. Pricing and Payment. The charter shall pay DCSD for the bus services provided hereunder
according to the terms outlined in the “COMPENSATION FOR BUS SERVICES” section of
Exhibit “A”. DCSD shall invoice the Charter monthly. The charter shall pay such invoices within
thirty (30) days following receipt of each invoice.

7. Transportation Boundaries. Transportation boundaries (the “Transportation Boundaries”)
for bus services to be provided by DCSD hereunder are defined in Exhibit “B” attached hereto.
Persons residing in homes located outside of the Transportation Boundaries will be responsible for
the transportation of students that attend the School. Also, persons residing in homes located within
two (2) miles of the School will be responsible for the transportation of students that attend the
School. The charter shall be responsible for communicating the Transportation Boundaries and
policies outlined in this Paragraph 7.

8. Discipline. The ultimate responsibility and authority to suspend or expel any student from
transportation services provided hereunder shall rest with the Charter. Drivers of the buses
provided hereunder are responsible only for such discipline as is required to safely and properly
operate said buses. All discipline problems shall be reported in writing to the Charter following
completion of the route.

9. Bus Stops. Students utilizing the bus will meet at locations that are pre-determined by
Charter and approved by DCSD per bus stop safety guidelines. Parents shall be responsible for
making sure students arrive and leave safely from each bus stop.

10. Nondiscrimination. The Parties agree that in providing the bus services under this
Agreement no child shall be discriminated against based on 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 Charter.

11. Indemnification and Insurance. The charter shall hold harmless and indemnify DCSD, the
BOE, its members, officers, employees, agents, volunteers, and assigns (collectively, the “DCSD
Indemnitees”) for every liability, claim or demand to arise out of or relating to DCSD’s provision

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of bus services under this Agreement. Charter’s obligation to indemnify the DCSD Indemnitees
shall survive the completion, expiration, or termination of this Agreement. Also, Charter shall
cause the DCSD Indemnitees to be named as additional insureds under Charter’s insurance policies
required by the terms of the charter. Neither DCSD nor any of the DCSD indemnitees shall be
liable for, nor shall 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 bus services under this Agreement.

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

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

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

15. Severability. If any term or provision of this 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.

16. 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.

17. Governing Law and Venue. This Agreement shall be governed by and construed and
enforced per 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.

18. Notices. Unless otherwise provided in this 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 five (5) business days following the date of
mailing if sent by certified mail. Notices shall be addressed as follows:

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

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If to Charter: DeKalb PATH Academy
Attn: Board Chair
3007 Hermance Drive
Atlanta, Georgia 30319

19. Waiver. No failure or delay by 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 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.

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

[Remainder of page intentionally blank. Signatures appear on the following page(s).]

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IN WITNESS WHEREOF, the Parties, or duly authorized representatives of the Parties,
have caused this Agreement to be executed as of the date first written above.

DEKALB COUNTY SCHOOL DISTRICT

By: ____________________________________
Dr. Vasanne Tinsley, Superintendent

DEKALB PATH ACADEMY, INC.

By: ___________________________________
Katherine Vega, Chair

Approved by:

DEKALB COUNTY BOARD OF EDUCATION

By: ____________________________________
Vickie B. Turner, Chair

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EXHIBIT “A”

BUS SERVICES AND COMPENSATION

A. REGULAR BUS SERVICE.

Regular bus service (as defined below) provided by DCSD to Charter shall not exceed one
hundred eighty (180) days as outlined below:

Route # School Frequency/Mileage Bus Type
1 DeKalb Path Academy School Days/AM and PM Conventional
2 DeKalb Path Academy School Days/AM and PM Conventional
3 DeKalb Path Academy School Days/AM and PM Conventional
4 DeKalb Path Academy School Days/AM and PM Conventional
5 DeKalb Path Academy School Days/AM and PM Conventional
6 DeKalb Path Academy School Days/AM and PM Conventional
7 DeKalb Path Academy School Days/AM and PM Conventional
8 DeKalb Path Academy School Days/AM and PM Conventional
9 DeKalb Path Academy School Days/AM and PM Conventional

Regular bus service is defined as bus service provided to the general population of students
attending the school during the normal school hours of 8:25 am - 4:10 pm. During regular
bus service, buses should arrive at PATH Academy at or before the 8:25 am delivery time
based upon normal traffic patterns and weather. Regular bus service is not service targeted
for the special needs of certain students. Other than the specific daily routes to and from a
school listed above and field trips described 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, regulations or policies for the population of students attending the School.

B. COMPENSATION FOR BUS SERVICES.

DCSD shall invoice Charter monthly as follows:

1. Actual mileage for the month at $4.87 per mile. Mileage shall include dead-head miles
calculated as outlined in item 3 below and other mileage necessary to provide the services
under this Agreement;

2. Driver’s overtime salary is twenty-five dollars ($25.00) per hour during waiting
periods;

3. Dead-head miles shall be calculated as follows:

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● 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 Charter to the last/first stop of the DCSD route.

4. Should fuel prices increase to the point of a negative impact on DCSD’s budget, DCSD
shall provide written notice of the same to Charter, and the Parties shall renegotiate the
terms of this Agreement in good faith.

5. Should overtime occur during the Extended Day, the Charter may be responsible for
the overtime cost that is determined by DCSD.

C. FIELD TRIP BUS SERVICE.

DCSD will provide field trip bus service, when buses and/or drivers are available, for
Charter. The charter shall follow the procedures of establishing and conducting field trip
bus service according to the latest version of the DCSD Transportation and Field Trip
Request Manual. Overtime charges shall apply when a driver waits at the event. DCSD
will invoice Charter monthly for the full cost of field trips according to the rates and fees
listed above, which supersede any fees that may be listed in the DCSD Transportation and
Field Trip Request Manual which apply to DCSD students. The charter shall pay such
invoices to DCSD within thirty (30) days from the receipt of said invoice.

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EXHIBIT “B”

TRANSPORTATION BOUNDARIES

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Agenda Item