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HomeMy WebLinkAboutFirst Amendment To Educational Services Agreement (Harmony EducationalFIRST AMENDMENT' TO EDUCATIONAL SERVICES AGREEMENT This FIRST AMENDMENT TO EDUCATIONAL SERVICES AGREEMENT ("First Amendment") is made and entered into by and between BONNEVLLLE JOINT SCHOOL DISTRICT NO. 93, an Idaho non-profit corporation ("District"), and HARMONY EDUCATIONAL SERVICES, LLC, a Utah limited liability company ("Harmony"), as of the date signed by the Parties below, WHEREAS, Harmony and .District entered into an Educational Services Agreement effective as of August 15, 2013 (the "Agreement"); and WHEREAS, Harmony and District (each entity referred to as "Party" and collectively known as "Parties") desire now to amend the Agreement as stated below, which both Parties agree is in their mutual best interest; NOW, THEREFORE, in consideration of the mutual covenants herein contained, Harmony and District agree to amend a portion of the Agreement as described hereafter. Section and subsection numbers refer to the corresponding numbers of the original Agreement that are amended or added herewith. All other provisions of the Agreement remain unchanged and in force. 3. Student Recruitment. a. Harmony shall recruit students in grades K-12 to the distance learning education program of the District. District will not incur the recruitment and registration fee for students currently enrolled in the District who transfer to the Harmony Program. 4. Term, Renewal and Effective Bate, b. Term and Renewal. This Agreement shall be for a term of one (1) academic year, July I, 2014 to June 30,2015 and shall automatically renew for additional terms of one year each if not otherwise terminated by either Party by written notification of intent to tenni nate given to the other Party no later than February 28 of the final year of any term hereof. Any such termination may only be effective for the next full academic year and thereafter. 5. FeeSj Invoicing and Payment. For the services provided, District shall pay Harmony at the rates and times set forth hereafter for each student in the Program. a. The rates per student in the Program for the 2014-2015 academic year shall be as follows; Grade K Grades 1-6 Grades 7-8 Grades 9-12 Student recruitment and $ 150 $ 300 S 300 $ 300 registration BJSD-Harraony First Amendment to Educational Services Agreement Curriculum: Full-time program Per half credit, per semester Student mentoring and other Full-time program Per half credit, per semester Srade K Grades 1-6 Grades 7-8 Grades 9-12 $ 945 n/a 375 n/a $ 2,390 n/a $ 750 n/a n/a $ 225 n/a $ 65 n/a $ 225 n/a S 75 The above rates shall continue in each succeeding year of the Agreement unless agreed to otherwise in writing by both Parties. b. Invoicing. Harmony will submit to District an invoice each month according to the following schedule: August , 10% of the annual fees for the number of students enrolled in the through Program and credits registered for as invoiced for the immediately October preceding May; November 30% of the annual fee for students enrolled in the Program and credits registered for as of October 31 st, minus the amounts invoiced for August through October and any resulting credit balance shall carry forward to be offset against nature invoices; December 10% of the annual fee for students enrolled in the Program and credits through registered for as of October 31st; January February March through May 20% of the annual fee for students enrolled in the Program and credits registered for as of February 1st; 10% of the annual fee for students enrolled in the Program and credits registered for as of February 1st, Invoicing for students who withdraw shall cease as of the first of the month following such withdrawal. Fees for students enrolled for less than 60 calendar days shall be prorated on the basis of the number of calendar days enrolled divided by 270 days. Any invoicing adjustment shall be made on the next monthly Invoice following withdrawal. Subject to approval by the Bonneville Joint School District 93 Board of Trustees, by signing below, the Parties acknowledge that they have read and understood and agree to be bound by all terms and conditions of this First Amendment. The signers hereof represent that each is a duly authorized officer, partner or principal with full authority to enter into this First Amendment. BJSD-Harmony First Amendment to Educational Services Agreement Signed this ^ j day of \] L/ HARMONY EDUCATIONAL SERVICES, LLC: Authorized signature >** By: /7 I (P/inted name) Title 2014; BONNEVILLE JOINT SCHOOL DTSTRIOTNO.93: Authorized signature By:. (Printttl name) Title BJSD-J-larmony First Amendment to Educational Services Agreement