LC%20NCTA%20Transportation%20Agreement.pdf

Parent document: Regular Board Meeting-09-25-2024.pdf

Text

AGREEMENT BETWEEN
THE MERIDIAN SCHOOL DISTRICT AND THE LYNDEN CHRISTIAN SCHOOL
REGARDING TRANSPORTATION SERVICES

WHEREAS, students of the Meridian School District (“Meridian” or “MSD”) and the Lynden
Christian School (“Lynden Christian” or “LCS”) attend the Northwest Career and Technical
Academy (“NCTA”) at the Mount Vernon NCTA campus; and

WHEREAS, MSD transports its own students to the Mt. Vernon NCTA campus, and may be able
to transport additional students to the Mt. Vernon NCTA campus with no additional operational
costs; and

WHEREAS, RCW 28A.160.010 authorizes a school district to transport students from one school
district to another upon agreement with another school district;

NOW, THEREFORE, the parties agree as follows:

1. Transportation Services. MSD will allow LCS students to ride MSD school buses for the
sole purpose of transportation to and from NCTA, subject to the following limitations:

a. LCS students may access MSD buses to the extent that space is available as
determined at the sole discretion of MSD.

b. It is LCS’s responsibility to arrange and coordinate bus services for its students in
advance with MSD’s transportation department.

€; To access MSD buses, LCS students must be at a bus stop designated by MSD at a
time designated by MSD. If an LCS student is not at the designated bus stop at the
designated time, the bus will depart without that student. MSD will designate a
stop and time at MSD and a stop and time at NCTA, and will communicate such
LCS students to the designated bus stop before the bus leaves for NCTA, and
information to LCS no later than August 1, 2024. MSD is not responsible for
transporting LCS students away from the designated bus stop upon the bus’s

return from NCTA.

d. LCS students must complete a permission slip provided by MSD before riding
MSD buses.

€. All LCS students riding MSD buses under this Agreement must comply with the

MSD policies, procedures, and handbook governing student conduct. LCS
students who do not comply may be temporarily or permanently prohibited from
accessing MSD transportation pursuant to this agreement.

2. Costs. MSD will cover all normal operating costs associated with providing bus service
under this agreement. Such costs include, but are not limited to, wages and other employment-
related costs; fuel costs; vehicle costs; and normal vehicle wear and tear. LCS will reimburse
MSD for any additional costs beyond normal operating costs incurred by MSD caused by LCS


or LCS’s students under this agreement, including but not limited to vandalism or other damage to
MSD buses caused by LCS students.

BL Term and Termination. This Agreement shall be effective from August 1, 2024, through the
end of the 2026-27 MSD school year. Either party may immediately terminate this Agreement at
their sole discretion for any reason upon written notice to the other party. The final sentence of
Paragraph 2, as well as Paragraph 4, shall survive termination of the Agreement.

4. Liability and Indemnity. LCS will defend, indemnify, save, and hold harmless MSD and its
elected officials, officers, employees, and agents from and against all claims, suits, actions,
losses, damages, liabilities, judgments, costs, demands, penalties, and expenses (including attorney
fees arising therefrom) of any nature whatsoever arising out of, in connection with, or incident to
the execution of this Agreement, MSD’s performance or failure to perform any aspect of this
Agreement, and/or the use of MSD buses by LCS students, whether or not caused by the sole
negligence of MSD, its elected officials, officers, employees, and/or agents. MSD will notify
LCS in the event of any accident or injury arising out of or in connection with this Agreement.
MSD will have the right, but not the obligation, to participate in any defense at its own cost and
with its own counsel.

5. Insurance. LCS will maintain, throughout the life of this Agreement, liability insurance in
the minimum amount of $1,000,000 per occurrence and $3,000,000 annual aggregate. MSD will
be named as an additional insured on such policies. Certification of such insurance will be provided
to MSD prior to August 1, 2024. Any insurance policy necessary under this Agreement will not be
discontinued by LCS without thirty (30) days’ advance notice.

6. Criminal Records Check. In the event any of MSD's agents, employees, or applicants for
employment will have regularly scheduled unsupervised access to children, MSD shall require a
record check through the Washington State Patrol criminal investigation system under RCW
43.43.830-43.43.834, 10.97.030 and 10.97.050, and through the Federal Bureau of Investigation
before hiring the employee. The record check shall include a fingerprint check using a complete
Washington State criminal identification fingerprint card. If the agent, employee or applicant has
a record check within previous two (2) years, MSD may waive the requirement.

7. Crimes Against Children. MSD is prohibited from employing any person who will provide
services under this Agreement and who may come into contact with children in public schools if
the person has plead guilty to or been convicted of a felony crime specific in RCW 28A.400.322.
Failure of MSD to comply with this section shall be grounds for immediate termination of this
Agreement.

8. Assignment. The parties may not assign this Agreement or any interest herein, or delegate
any of their duties hereunder, to any third party without the prior written consent of the other. Any
attempted assignment or delegation without such consent will be null and void.

9. Waiver. Failure by either party to enforce any provision of this Agreement or to declare a
breach shall not constitute a waiver thereof, nor shall it impair any party's right to demand strict
performance of that or any other provision of this Agreement any time thereafter.


10. Severability. Ifany of this Agreement or its application is held invalid, the remainder of the
Agreement or the application of the remainder of the Agreement shall not be affected.

Wi, Governing Law and Venue. This Agreement will be governed, construed, and enforced in
accordance with the laws of the State of Washington, and venue of any suit between the parties
arising out of this Agreement will be in the Superior Court of Whatcom County, Washington.

12. Attorney Fees and Costs. If any legal proceeding is brought for the enforcement of this
Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any
of the provisions of this Agreement, the prevailing party will be entitled to recover from the other
party, in addition to any other relief to which such party may be entitled, reasonable attorney fees
and other costs incurred in that action or proceeding.

13. Execution. In conformance with RCW 28A.160.010, this Agreement must be approved by
the respective Boards of Directors of LCS and MSD in order to have legal effect.

LYNDEN CHRISTIAN SCHOOL MERIDIAN SCHOOL DISTRICT

Leénard Fakkema, Superintendent Dr. James Everett, Superintendent

77b-27

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