R2023-13 Resolution Authorizing an Intergovernmental Agreement between the City of Decatur and Decatur Public School District #61 Regarding High School Student Use and Transit Fares

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INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF DECATUR, ILLINOIS AND DECATUR PUBLIC SCHOOLS,DISTRICT 61 REGARDING HIGH SCHOOL STUDENT USE AND TRANSIT FARES THIS INTERGOVERNMENTAL AGREEMENT (hereinafter"Agreement"), entered into between the Board of Education of Decatur Public School District No. 61 (hereinafter "District"), and the City of Decatur, Illinois, an Illinois municipal corporation (hereinafter «City„); WHEREAS,the City owns certain equipment and vehicles used for public transit purposes including, but not limited to public transit busses that are used in the public transit system (hereinafter"transit system") operating in the City; and, WHEREAS, the City is responsible for and has the authority for the setting of fares of persons using the transit system; and, WHEREAS, the District is the public school district and educational authority for those eligible students in the City; and, WHEREAS, the District provides transportation through various methods including use of the transit system for its students for attendance at various schools including,but not limited to, Eisenhower High School and MacArthur High School (hereinafter"high school students"); and WHEREAS, the high school students of the District are in need of transportation through the transit system at times other than for school attendance and for purposes other than school attendance; and, WHEREAS, the parties have agreed upon mutually agreeable terms and conditions relating to the use of the transit system by the District's high school students and fare charges for the same and the parties wish to reflect their agreement in writing; NOW, THEREFORE, in consideration of the premises, which are hereby incorporated hereinafter by reference, and the agreements, covenants and conditions hereinafter set forth, and for other good and valuable consideration,the receipt of which is hereby acknowledged,the parties agree as follows: 1. Incorporation of Recitals. The parties hereby find that all of the recitals contained in the preambles to this Agreement are full, true and correct and do incorporate them into this Agreement by this reference. 2. Succession of Obligations. All terms of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective agents, representatives, officers, assigns, successors and transferees. All warranties and agreements contained herein shall survive closing and remain binding on the parties.