Current through Register Vol. 35, No. 6, March 26, 2024
THIS AGREEMENT is made and entered into as this ________day
of________, 20_____, by and between______________________________(local board
of education) hereinafter called "BOARD" and ___________________(contractor)
herein after referred to as "CONTRACTOR." WITNESETH: WHEREAS, BOARD has engaged
CONTRACTOR to provide the pupil transportation services described herein; and
WHEREAS, CONTRACTOR desires to provide such transportation services; NOW,
THEREFORE, in consideration of the covenants hereinafter contained, the parties
agree as follows:
A. TERM: The term of
this agreement shall commence______, 20____ and shall continue through______,
20____. This contract may be renewed annually thereafter on the same terms and
conditions at the option of the BOARD.
B. SCOPE OF SERVICES
(1) CONTRACTOR shall, during the term of the
agreement supply the buses listed on Appendix A incorporated herein by
reference and shall maintain such number of school buses specified to provide
transportation services to the BOARD consistent with the terms of this
contract.
(2) CONTRACTOR shall,
provide for the efficient management of the transportation services as set
forth herein. CONTRACTOR shall advise the BOARD of the name(s), address(s), and
phone number(s) of individual(s) designated as responsible for the management
of services.
(3) CONTRACTOR shall
provide for the to-and-from transportation of students in grades kindergarten
through twelve who attend school within the school district, of three and four
year old children who meet the public education department approved criteria
and definition of developmentally disabled, and for the transportation of
students to and from their regular attendance centers and vocational programs
approved by the public education department.
(4) Transportation services shall be provided
for_________ school days in accordance with bus routes and schedules agreed to
under the terms of this contract. For each day that a bus is not operated, the
compensation paid the CONTRACTOR shall be decreased by 1/___th of the total
compensation for services provided in Subsection C, Paragraph (1) of this
contract.
(5) CONTRACTOR shall
comply with all federal and state laws, regulations, policies and directives of
the BOARD.
C.
COMPENSATION
(1) The BOARD shall pay
CONTRACTOR all sums due and calculated in accordance with the conditions of
this contract. The BOARD agrees to pay the CONTRACTOR $________for purchase
allowance/rental fees, and $__________for services herein for a total of
$_________to be paid in consecutive monthly installments as follows:
___________equal installments of $_____________each, and a final installment of
$_________, commencing on the ________day of_______, 20_______.
(2) The compensation payable pursuant to this
contract is subject to adjustment by the BOARD for route changes, the addition
of to-and-from buses approved by the public education department, or changes in
the provision of services. Contract amendments required; as a result of such
adjustments shall be approved by the BOARD.
(3) This contract may be further adjusted or
payments withheld where audits or investigations by the BOARD or public
education department verify overpayments, underpayment, or expenditures in
violation of state laws or rules or the terms of this contract.
(4) The terms of this contract are contingent
upon sufficient legislative appropriations for to-and-from transportation and
authorization of the appropriation.
D. FUEL: CONTRACTOR shall furnish all fuel to
be used in its performance of this agreement.
E. OPERATION AND MAINTENANCE
(1) CONTRACTOR shall furnish buses of a type
and with the equipment required by federal and state law and regulations,
including applicable public education department rules.
(2) CONTRACTOR shall provide for all
operation and maintenance of buses utilized for service under the terms of this
agreement.
(3) CONTRACTOR shall
ensure that buses operating under this contract meet established public
education department safety inspection requirements.
F. SALARIES: CONTRACTOR shall provide for
salaries and benefits of all employees providing service under the terms of
this agreement.
G. ROUTES AND
SCHEDULES
(1) CONTRACTOR shall operate the
buses according to the routes approved by the BOARD. The BOARD on the basis of
safety, efficiency and economy shall approve such routes.
(2) On the 40th day of the school year,
CONTRACTOR shall furnish BOARD a complete route map and roster of eligible
students who are transported. Additional reports shall be submitted as follows:
_____________
__________________________________________________________________________________________________________________________________________________________________________________________
(3) The BOARD reserves the right to modify
the routes consistent with the terms of this contract, should circumstances
require such modifications. The superintendent or designee may modify stops and
time schedules as required. The CONTRACTOR shall be notified in writing by the
BOARD's superintendent or designee when changes are necessary, and CONTRACTOR
shall adjust its operations to incorporate such changes.
H. RECORDS AND REPORTS
(1) All records required by state law or
rules shall be subject to inspections and audits by the public education
department, the office of the state auditor, and any auditor designated to
conduct such inspections or audits. The public education department and the
state auditor shall have the right to audit both before and after payment, and
payment under this contract shall not foreclose the right of the BOARD to
recover excessive or illegal payments.
(2) The CONTRACTOR shall complete appendix B,
incorporated herein by reference, and shall submit annually a final expenditure
report for fuel, operation and maintenance, and salary and benefits on forms
provided by the public education department.
(3) The CONTRACTOR shall make such reports as
may be required by the BOARD or the public education department. Failure to
make required reports on time and with accuracy shall be considered a breach of
contract and shall be cause to adjust payments or withhold payments until
reporting requirements are met.
(4)
The CONTRACTOR shall not refinance or use a school bus on which a school
district has a lien as collateral for any other loan without prior written
permission of the public education department.
I. INDEMNIFICATION: CONTRACTOR shall hold
BOARD, its officers and employees harmless and does hereby indemnify the BOARD,
its officers and employees from and against every claim or demand which may be
made by any person, firm or corporation, or other entity arising from or caused
by any act, neglect, default or omission of CONTRACTOR in the performance of
this agreement, except to the extent that such claim or demand arises from or
is caused by the negligence or willful misconduct of BOARD, its agents or
employees.
J. INSURANCE
(1) The BOARD shall provide automobile
liability coverage to the CONTRACTOR, which includes bodily injury, property
damage, and physical damage for all buses under contract to the BOARD. The
terms, conditions and limits of coverage shall be in accordance with that
provided by the New Mexico public schools insurance authority or any other
coverage provided by the local BOARD and allowed by statute.
(2) The CONTRACTOR shall carry worker's
compensation insurance as statutorily required by the state of New Mexico and
shall provide evidence of insurance to the BOARD.
K. INCLEMENT WEATHER AND SCHOOL CLOSINGS: In
the event of inclement weather or impassability of roads or whenever school is
canceled, delayed or is dismissed early, BOARD shall notify CONTRACTOR not
later than __________hours before service.
L. SAFETY: CONTRACTOR shall be responsible
for meeting all safety requirements established by local, state, or federal
laws or regulations. A record of training and other safety reporting
requirements shall be provided to the BOARD upon request.
M. OPERATION/PERSONNEL/DRIVER QUALIFICATIONS
(1) CONTRACTOR shall employ a sufficient
number of drivers and support personnel to carry out the terms of this
contract.
(2) CONTRACTOR shall
ensure that employees meet training requirements set forth by federal and state
law, public education department rules and BOARD policies and shall assume the
cost of training for drivers and bus assistants.
(3) CONTRACTOR shall establish rules, which
prohibit the driver from smoking on the bus or driving under the influence of
drugs or alcohol while operating any bus.
(4) CONTRACTOR shall comply with federal laws
and regulations for drug and alcohol testing and shall provide to the BOARD
verification of compliance.
(5)
CONTRACTOR shall be responsible for hiring and discharging personnel employed
by CONTRACTOR to perform its obligations hereunder; provided, however, that the
BOARD shall have the right to require CONTRACTOR to remove from service under
this agreement any employee whose performance is, in good faith, deemed by the
BOARD unsuitable to the provision of transportation services for BOARD; and
provided further that BOARD shall provide the CONTRACTOR such notification in
writing and provide justification for its determination.
(6) CONTRACTOR shall provide qualified
drivers, trained and licensed in accordance with the laws of this state and the
rules and regulations of BOARD.
N. TERMINATION OF CONTRACT BY BOARD: Subject
to procedures hereinafter set forth, the BOARD may terminate this contract
before its expiration date for violation of law, terms of the contract, or
rules and policies of the public education department or BOARD. The procedures
for termination of this contract are as follows:
(1) The BOARD shall serve notice upon the
CONTRACTOR in person, or by registered or certified mail, specifying the
charges against the CONTRACTOR under which the contract is sought to be
terminated, with a copy of such notice provided to the state transportation
director.
(2) The notice shall also
specify a time and place at which the BOARD will hold a hearing on the charges
made against the CONTRACTOR which hearing shall not be more than ten (10)
calendar days after service of the notice upon the CONTRACTOR.
(3) The CONTRACTOR shall have the right to
appear and be represented by legal counsel, to be heard, and to call witnesses
in his/her own behalf.
(4) The
BOARD shall have the power to suspend the CONTRACTOR pending a hearing on the
charges.
(5) The decision of the
BOARD shall be final and conclusive, subject only to the approval of the state
transportation director.
(6) In the
event that this contract is terminated or not renewed, the secretary of public
education shall calculate the remaining number of years that the bus could be
used based on a twelve-year replacement cycle and calculate a value reflecting
that use. The DISTRICT shall deduct an amount equal to that value from any
remaining amount due on the contract. If no balance remains on the contract,
the CONTRACTOR shall reimburse the DISTRICT an amount equal to the value
calculated.
(7) In the event that
this contract is terminated, the buses owned by the CONTRACTOR and used
pursuant to the terms of this contract as set forth in appendix A herein shall
be appraised by three qualified appraisers appointed by the BOARD and approved
by the state transportation director. The operator succeeding to the contract
shall purchase, with the approval of the CONTRACTOR, all said buses at their
appraised value.
O.
TERMINATION OF CONTRACT BY CONTRACTOR: Subject to procedures hereinafter set
forth, the CONTRACTOR may cancel this contract before its expiration by the
following procedures:
(1) The CONTRACTOR shall
serve a written notice upon the BOARD in person or by registered or certified
mail, with a copy of such notice provided to the state transportation director,
specifying the reason for cancellation.
(2) The notice shall also specify the date at
which such cancellation shall be effective, but not less than sixty (60)
calendar days after the service of notice.
(3) Cancellation of the contract shall be
effective only after the BOARD grants written consent and notice provided to
the state transportation director.
(4) This contract shall not be assigned to
another individual or corporation.
(5) In the event that this contract is
terminated or not renewed, the secretary of public education shall calculate
the remaining number of years that the bus could be used based on a twelve-year
replacement cycle and calculate a value reflecting that use. The DISTRICT shall
deduct an amount equal to that value from any remaining amount due on the
contract. If no balance remains on the contract, the CONTRACTOR shall reimburse
the DISTRICT an amount equal to the value calculated.
(6) In the event that this contract is
terminated or not renewed, the buses owned by the CONTRACTOR and used pursuant
to the terms of this contract as set forth in appendix A herein shall be
appraised by three qualified appraisers appointed by the BOARD and approved by
the state transportation director. The operator succeeding to the contract
shall purchase with the approval of the CONTRACTOR all said buses at their
appraised value.
IN WITNESS WHEREOF we have set our hands and seals.
_______________________________________ BOARD OF EDUCATION
BY:____________________________________PRESIDENT ATTEST:
_______________________________SECRETARY ________________________________
CONTRACTOR
FLEET CONTRACT
| Bus # |
Owner Code |
Year |
Model |
Seating |
Lift |
Vehicle Identification |
License Plate |
Rental Fee |
FLEET CONTRACT
| Bus# |
Route Mileage |
Route Description (area served) |
R. APPENDIX B:
FLEET CONTRACT PAYMENT SCHEDULE, 20_____ 20______SCHOOL YEAR This contract
approved by the__________________________________(BOARD) on
_____/_______/_______ for________________________________(CONTRACTOR) to
operate ___________buses/routes set forth in appendix A to provide school
transportation services includes the following amounts deemed necessary for
CONTRACTOR to carry out the terms of the contract safely, efficiently, and
economically:
(1) BUS PURCHASE/RENTAL FEE:
$__________
(2) TRANSPORTATION
SERVICES: (estimated budget)
(a) fuel
$__________
(b) operation &
maintenance and all other expenses $___________
(c) salary and benefits ___________
(3) total transportation services
$___________
(4) total estimated
budget $__________
