Current through Register Vol. 35, No. 18, September 24, 2024
THIS AGREEMENT is made and entered into as this ______day
of________. 20_______, by and between ______________________________ (local
board of education) hereinafter called "BOARD" and
_____________________(owner/operator) herein after referred to as
"OWNER/OPERATOR." WHEREAS, OWNER/OPERATOR desires to provide such
transportation equipment, fuel, and operation and maintenance associated with
the use of the equipment under the terms of this contract; 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) OWNER/OPERATOR shall, during the term of
the agreement supply and maintain the bus listed on Appendix A herein to
provide transportation equipment to the BOARD consistent with the terms of this
contract.
(2) OWNER/OPERATOR shall,
provide for the efficient maintenance and operation of the equipment as set
forth herein.
(3) OWNER/OPERATOR
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 OWNER/OPERATOR shall be decreased by 1/____th of the
total compensation for services provided in Subsection C, Paragraph (1) of this
contract.
(5) OWNER/OPERATOR shall
comply with all federal and state laws, rules, policies and directives of the
BOARD.
C. COMPENSATION
(1) The BOARD shall pay to OWNER/OPERATOR all
sums due and calculated in accordance with the conditions of this contract. The
BOARD agrees to pay the OWNER/OPERATOR $______________for purchase
allowance/rental fees, and $___________________for fuel, operation and
maintenance 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
operation and maintenance reimbursement payable pursuant to this contract is
subject to adjustment by the BOARD for route changes, bus replacement 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
district, hereinafter referred to as "DISTRICT" 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: OWNER/OPERATOR shall furnish all
fuel to be used in its performance of this agreement.
E. OPERATION AND MAINTENANCE
(1) The bus furnished and maintained by the
OWNER/OPERATOR shall be of a type and with the equipment required by federal
and state law and regulations, including applicable public education department
rules.
(2) OWNER/OPERATOR shall
provide for all operation and maintenance of buses utilized for service under
the terms of this agreement.
(3)
OWNER/OPERATOR shall ensure that buses operating under this contract meet
established public education department safety inspection
requirements.
F. ROUTES
AND SCHEDULES
(1) OWNER/OPERATOR shall
operate the bus according to the routes approved by the BOARD. The BOARD based
on safety; efficiency and economy shall approve such routes.
(2) On the 40th day of the school year,
OWNER/OPERATOR 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 OWNER/OPERATOR shall be notified in writing by
the BOARD's superintendent or designee when changes are necessary, and
OWNER/OPERATOR shall adjust its operations to incorporate such
changes.
G. 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 OWNER/OPERATOR shall complete
appendix B, incorporated herein by reference, and shall submit annually a final
expenditure report for fuel, operation and maintenance costs on forms provided
by the public education department.
(3) The OWNER/OPERATOR 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.
H.
INSURANCE: The BOARD shall provide automobile liability coverage to the
OWNER/OPERATOR, which includes bodily injury, property damage, and physical
damage for the bus 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 BOARD
and allowed by statute.
I.
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
OWNER/OPERATOR not later than _______hours before
service.
J. SAFETY:
OWNER/OPERATOR 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.
K. 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
OWNER/OPERATOR in person, or by registered or certified mail, specifying the
charges 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
OWNER/OPERATOR which hearing shall not be more than ten (10) calendar days
after service of the notice.
(3)
The OWNER/OPERATOR 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 OWNER/OPERATOR 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, 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 OWNER/OPERATOR shall
reimburse the DISTRICT an amount equal to the value calculated.
(7) In the event that this contract is
terminated or not renewed, the buses owned by the OWNER/OPERATOR and used
pursuant to 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 OWNER/OPERATOR, all said bus at its
appraised value.
L.
TERMINATION OF CONTRACT BY OWNER/OPERATOR: Subject to procedures hereinafter
set forth, the OWNER/OPERATOR may cancel this contract before its expiration by
the following procedures:
(1) The
OWNER/OPERATOR 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 OWNER/OPERATOR 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 OWNER/OPERATOR 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 OWNER/OPERATOR all said bus at its
appraised value.
IN WITNESS WHEREOF we have set our hands and seals.
____________________________________________ BOARD OF EDUCATION,
BY:____________________________________PRESIDENT, ATTEST:
_______________________________SECRETARY, DECLARATION OWNER/OPERATOR hereby
declares that he/she has no ownership interest of any type or degree in any
fleet service contract with the BOARD, including without limitation, an
interest in the nature of legal or rightful title, possessory interest, or a
beneficial, equitable or pecuniary interest.
_________________________________OWNER/OPERATOR
DATE________________________
M. Appendix A (Part I), INDIVIDUAL OWNER
OPERATOR EQUIPMENT CONTRACT
|
Bus #
|
Owner Code
|
Year
|
Model
|
Seating
|
Lift
|
Vehicle Identification
|
License Plate
|
Rental Fee
|
N.
Appendix A (Part II) INDIVIDUAL OWNER OPERATOR EQUIPMENT CONTRACT
|
Bus #
|
Route
Mileage
|
Route Description (area served)
|
O.
APPENDIX B INDIVIDUAL OWNER OPERATOR EQUIPMENT CONTRACT 20 _______ 20________
SCHOOL YEAR This contract approved by the______________________________ (BOARD)
on _______/_________/________for_________________________ (OWNER/OPERATOR) to
operate ________buses/routes set forth in appendix A to provide school
transportation services includes the following amounts deemed necessary for
OWNER/OPERATOR 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 $__________
(3) total transportation services
$__________
(4) total estimated
budget $__________
