DRAFT 2026 IGA Bus Agreement with DCSD - 2 - May 11, 2026 - DCSD Board Meeting Archive

February 19, 2026_DRAFT

Intergovernmental Agreement
Between
DeKalb County School District
and
DeKalb County

This Agreement is made on this __ day of 2026, by and between

DeKalb County School District (hereinafter referred to as the “School District”), Department of

Pupil Transportation, whose address is 1780 Montreal Road, Tucker, Georgia 30084, and DeKalb

County, a political subdivision of the State of Georgia (hereinafter referred to as “County”) through

its Recreation, Parks, and Cultural Affairs Department, whose address is 1950 West Exchange

Place, Suite 400, Tucker, Georgia 30084, both parties have been duly authorized to enter into this

Agreement. The School District and County are herein referred to jointly as the “Parties” and

individually as a “Party.”

WITNESSETH:

WHEREAS, the parties to this Agreement are both governmental units;

WHEREAS the County desires the use of the School District buses and School District

employees for the 2026, 2027, 2028 Summer Camp seasons for the DeKalb County Recreation,

Parks, and Cultural Affairs Department from the DeKalb County School District.

WHEREAS the buses will be used to transport children enrolled in DeKalb County Camps

to swimming lessons, open swim, various field trips, and an end-of-the-camp season culminating

event; and

WHEREAS the Parties are authorized to enter into a time-limited Intergovernmental

Agreement for the provisions of services, provided the agreement deals with activities the parties

are authorized by law to undertake.
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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 hereto do hereby agree and consent to the following:

1. Description of Services and Responsibilities of Each Party. The School District

shall provide up to sixteen (16) 72-passenger buses (15 regular and 1 with lift

capacity for special needs campers), contingent upon driver availability. The School

District shall provide buses and certified drivers, contingent upon driver availability.

The transportation services and/or drivers provided will operate as a pick-up/drop-

off operation.

Travel should remain in the metro Atlanta area, not to exceed 40 miles. Meal stops

are prohibited.

2. Payment. At the end of the term listed below, the School District will charge the

County for the drivers’ salaries, mileage, and reasonable depreciation. The County

will supply all fuel for the buses provided by the School District. Full payment to the

School District will be due at the end of the summer program based on the

description outlined in the invoice received by the School District. The contract

amount shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00)

unless changed by written Change Order in accordance with the terms of this

contract. The term “Change Order” includes the term “amendment” and shall mean

a written order authorizing a change in the Work, and an adjustment in Contract Price

to Contractor or the Contract Term, as adopted and approved by the Contractor and

the DeKalb County Governing Authority, or the Chief Executive Officer, if

exempted from Governing Authority adoption and approval in accordance with the
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express terms of this Contract. The Chief Executive Officer or his/her designee shall

have the authority to approve and execute a Change Order lowering the Contract

Price or increasing the Contract Price up to twenty percent (20%) of the original

Contract Price, provided that the total amount of the increase authorized by such

Change Order is less than $100,000.00. If the original Contract or Purchase Order

Price does not exceed $100,000.00, but the Change Order will make the total

Contract Price exceed $100,000.00, then the Change Order will require approval by

official action of the Governing Authority. Any other increase of the Contract Price

shall be by Change Order adopted and approved by the DeKalb County Governing

Authority and the Contractor in accordance with the terms of this Contract.

The County’s maximum obligation per calendar year shall be as follows:
2026: $150,000.00.
2027: $150,000.00 minus the amount spent in 2026.
2028: $150,000.00 minus the amount spent in 2026 and 2027.

3. Term. The services to be provided under this Agreement shall begin on June 1, 2026.

As required by O.C.G.A §36-60-13, this Contract shall (i) terminate without further

obligation on the part of the County each and every December 31st unless terminated

earlier in accordance with the termination provisions of this Contract; (ii)

automatically renew on each January 1st, unless terminated in accordance with the

termination provisions of this Contract; and (iii) terminate absolutely, with no further

renewals, on July 31, 2028, unless extended by Change Order adopted and approved

by the DeKalb County Governing Authority and the School District in accordance

with the terms of this Contract and the DeKalb County Purchasing Policy.
February 19, 2026_DRAFT

4. Termination. The Parties may unilaterally terminate this Agreement, in whole or

in part, for their convenience or because of the failure of either Party to fulfill the

obligations of this Agreement in any respect. The Parties shall terminate by

delivering to the other party, within at least thirty (30) days, a Notice of Termination

specifying the nature, extent, and effective termination date. If terminated by the

County, the written notice shall be sent to the School District, addressed as follows:

DeKalb County School District
1780 Montreal Road
Tucker, Georgia 30084

If terminated by the School District, the written notice shall be sent to the County address as
follows:
DeKalb County Recreation, Parks, and Cultural Affairs
1950 West Exchange Place, Suite 400
Tucker, Georgia 30084

5. Insurance. The School District shall carry insurance coverage on the assigned buses

during the term of this agreement.

6. Contractor and Subcontractor Evidence of Compliance; Federal Work

Authorization. Pursuant to O.C.G.A. §13-10-91, the County cannot enter into a

contract for the physical performance of services unless the Contractor, its

Subcontractor(s) and sub-subcontractor(s), as that term is defined by state law,

information on all new employees. Contractor certifies that it has complied and will

continue to comply throughout the Contract Term with O.C.G.A. §13-10-91 and any

related and applicable Georgia Department of Labor Rule. Contractor agrees to sign

an affidavit evidencing its compliance with O.C.G.A. §13-10-91. The signed

affidavit is attached to this Contract as Attachment A. Contractor agrees that in the
February 19, 2026_DRAFT

event it employs or contracts with any Subcontractor(s) in connection with this

Contract, Contractor will secure from each Subcontractor an affidavit that certifies

the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91

throughout the Contract Term. Any signed Subcontractor affidavit(s) obtained in

connection with this Contract shall be attached hereto as Attachment B.

7. Governing Laws. All provisions of this Agreement shall be construed under the

laws of the State of Georgia.

8. Venue. This Agreement shall be deemed made and performed in DeKalb County,

Georgia. For the purposes of venue, all suits or causes of action arising out of this

Agreement shall be brought in the courts of DeKalb County, Georgia.

9. Entire Agreement. This Agreement constitutes the Agreement between the Parties

and all matters contained herein. No oral or written representation not incorporated

herein shall be binding upon the parties hereto. All parties must sign all subsequent

changes in this Agreement.

10. Modification. This Agreement may not be changed, modified, amended, or altered

except in a written agreement signed by the Parties.

11. Severability. Suppose any term or provision of this Agreement is found to be or

becomes invalid, unenforceable, or void by operation of law. In that case, the

remaining terms and provisions shall not be affected thereby and remain in full force

and effect, and the invalid, unenforceable, or void term or provision shall be deemed

not 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
February 19, 2026_DRAFT

arm’s length, and neither Party shall be considered to have been the drafter of the

Agreement for the purpose of any rules of construction.

13. 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.

[Signatures on Following Page]
February 19, 2026_DRAFT

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in three
(3) counterparts, each to be considered an original by their authorized representative.

DEKALB COUNTY SCHOOL DISTRICT DEKALB COUNTY, GEORGIA

By: (SEAL) by Dir.(SEAL)
Signature LORRAINE COCHRAN-JOHNSON
Chief Executive Officer
DeKalb County, Georgia
Name (Typed or Printed)
__________________________
Date
Title

Federal Tax I.D. Number
_________________________
Date

NOTARY:

SUBSCRIBED AND SWORN ATTEST:
BEFORE ME ON THIS THE______ DAY OF
______________, 20

BARBARA H. SANDERS, CCC
Clerk of the Chief Executive Officer and
Board of Commissioners of
DeKalb County, Georgia
Notary Public
My Commission Expires:

APRROVED AS TO SUBSTANCE: APPROVED AS TO FORM:

Department Director County Attorney Signature

County Attorney Name (Typed or Printed)

Agenda Item