13-Attachment A - Bus Specifications and Operating Procedures.docx

MPS Office of School Administration Department of Business and Transportation Services

GENERAL SPECIFICATIONS AND OPERATING PROCEDURES

FOR SCHOOL BUS CONTRACTORS

Effective July 1, 2023

I. INTERPRETATION

Interpretation of these Specifications will be made by the Director of the Office of School Administration, Department of Business and Transportation Services.

II. BUS TERMINAL AND OPERATIONS

G-01 Bus Terminal Location

Contractors must either (1) have a functional terminal facility located within ten (10) miles of the City of Milwaukee limits; or (2) have a functional terminal facility located outside ten (10) miles of the City of Milwaukee limits and be able to demonstrate that they have the capacity and ability to respond to an emergency with a maximum response time of thirty (30) minutes after being dispatched.

G-02 Facilities and Equipment

Contractors shall maintain adequate facilities and equipment to ensure that buses are maintained in a safe condition and drivers and other staff have a safe working environment. All bus terminals must be of adequate size to park all awarded buses inside a fenced and lighted area each night. Adequate entrances and exits must be available to allow time efficient entering and exiting of the terminal area. Contractor must ensure buses are in a condition to start each day, regardless of weather conditions. Block heaters or other measures designed to insure cold-weather starts are required for all buses. Contractors are required to operate a garage to repair and maintain their buses, with an adequate number of indoor garage bays and mechanics to successfully maintain the number of vehicles assigned to the terminal. Contractors must maintain adequate service vehicles (wreckers are not required) and staff to perform road service calls in a timely manner.

WI-FI: Contractors shall provide WI-FI access that supports the 802.11n standard, through the entire range of Contractor’s lot. WI-FI access enables MDT communications and automatic route and student data updates from MPS to the Contractor via the MDTs. It is the responsibility of the Contractor to insure proper security of its IT systems. Contractor must provide Ethernet ports with Internet access for each of the access ports / antennas required to provide full lot coverage. This is expected to be two Ethernet ports for most of the Contractor lots.

Contractor must provide their own WI-FI equipment and ensure lot coverage.

Contractor shall make their existing broadband connection available for MDT communications. Any reasonable broadband connection should suffice, with download speeds of 4 - 6 Mbps or more. MDT updates will occur throughout the night, after buses return from their afternoon routes, and before buses depart for their morning routes. Bandwidth usage during ordinary business hours will be minimal and will not diminish Contractor internet usage and speeds.

G-03 Operations

Contractors are required to maintain an operational base that can be reached by telephone as long as vehicles are on the road transporting students. This includes, but is not limited to, days when school is in session (regular school year, J-term and summer school), weekend sporting events, extracurricular activities and field trips. All Contractors are required to supply the Department of Business and Transportation Services with the names and phone numbers of designated staff on duty in the event of an emergency by July 15 annually.

Contractors shall provide Department of Business and Transportation Services with an updated organizational chart and job descriptions for all operational personnel no later than July 15 of every contract year. Operational personnel are defined as those individuals directly involved in the control, supervision, training and monitoring of daily bus operations. Operational personnel are not to be assigned duties as a driver.

G-04 Drivers

A. All drivers shall have a current valid Commercial Driver's License (“CDL”).

B. Drivers shall meet all requirements of Wisconsin Administrative Code, TRANS 112 and TRANS 300, and Wisconsin State Statutes, Chapter 343, including all subsequent revisions, and any and all statutes that govern school bus transportation. Contractors and drivers shall fully comply with the requirements of 2003 Wisconsin Act 280. Drivers must complete a self-certification indicating they are conviction free and require the driver to provide information to the state if they have not been a resident of Wisconsin for the previous two (2) year period. Drivers must notify their employer in writing within 10 days of any accident or conviction that would make them ineligible to hold the school bus endorsement, or any license withdrawal from Wisconsin or any other state.

C. Because time is of major importance in the efficiency and workability of route scheduling, each driver must have and use an accurate watch.

D. All drivers must present a neat, clean appearance. Those employees issued uniforms are required to wear them. Employees not having a uniform are expected to dress in a fashion consistent with MPS standards. Specifically excluded are: Offensively “loud” clothing or jewelry, materials depicting gang symbols, sleeveless shirts/tank tops and dressing and grooming in a manner that is disruptive to the safe operation of the bus.

E. By July 15th annually, Contractor shall provide MPS with a copy of the "Employee Handbook" or written guidelines pertaining to driver employment. At a minimum the “Employee Handbook” or guidelines must include the process for addressing employee disputes, must include a system for assigning routes to drivers (policies must support the MPS desire to have the most experienced, highly trained drivers assigned to its routes), and that discipline for work under the MPS contract is subject to a “just cause” standard. The guidelines or handbook shall state the Contractor is committed under its contract with MPS to meet these Specifications.

F. Contractors must replace a driver that proves unsatisfactory pursuant to these Specifications, based on written notification from the Director of Business and Transportation Services.

G. Nothing contained in the MPS “Specifications and Operating Procedures” shall constitute or be construed to create a partnership or joint venture between MPS or its successors or assigns and Contractor or its successors or assigns. In entering into a contract, and in acting in compliance herewith, Contractor is at all times acting and performing as an independent contractor, duly authorized to perform the acts required of it hereunder.

H. Binding Arbitration: Contractor shall establish a binding arbitration process for resolving disputes between bus drivers and Contractor that is expeditious, uses a neutral decision maker and is economical for all parties. Binding arbitration shall be made available to any bus driver who has successfully completed their probationary period. The scope of issues subject to this provision shall be limited to terminations, suspensions of more than three (3) days, and pay rate differences from the published rates in the “Employee Handbook”. Nothing in this paragraph is intended to preclude a Contractor from expanding the scope of issues subject to arbitration beyond those specified in this paragraph, or from expanding the number of days within which a grievance can be filed beyond the 10-day period specified below, whether pursuant to an agreement with a union representing drivers who perform work under the contract between MPS and Contractor or otherwise. A bus driver seeking binding arbitration shall notify the Contractor, in writing of his or her grievance within 10 days of the date the grievance arose, or within 10 days of the aggrieved bus driver, in exercise of reasonable diligence, should have known of the grievance. Absent agreement between the Contractor and the aggrieved employee (or his or her union, if the employee is represented) to proceed differently, any such arbitration shall be conducted as follows: the arbitrator shall be selected from a panel of Wisconsin Employment Relations Commission (“WERC”) arbitrators provided by the WERC or MPS approved alternate arbitration service, with costs shared equally by the bus driver (or his or her union) and the Contractor; subject to the arbitrator’s availability and schedule, the arbitration shall take place within 45 days of the date an arbitrator is selected; and, if the bus driver will represent himself or herself at the arbitration, such bus driver shall be permitted to contact the arbitrator to discuss issues of procedure prior to the hearing, as long as the Contractor is provided an opportunity to participate in any discussions. This binding arbitration requirement does not require a Contractor to allow bus drivers to arbitrate any matters or disputes other than those involving work under the Contractor’s contract with MPS.

I. No bus driver shall be discriminated against for exercising his or her right to binding arbitration.

J. Discipline, including terminations, shall be for just cause.

K. Contractors must replace a driver that proves unsatisfactory based on written notification from the Department of Business and Transportation Services. This action is not subject to the above binding arbitration process.

L. Contractor must provide a copy of the “Employee Handbook” or like document to the bus drivers each contract year.

M. Nothing in this Specification shall preempt the rights of employees to engage in collective action as protected under the National Labor Relations Act.

N. Contractor is and shall remain independent (with the obligation solely on the Contractor's part to provide for and pay any contribution or taxes required by federal, state or local authorities imposed on or measured by income) providing consultation on the matters made the subject thereof. MPS understands the Contractor will engage in other business or trade for other persons or organization, at Contractor's discretion, during the time Contractor is rendering services for MPS, providing that such outside functions do not in any way restrict Contractor in performing the services provided for in this Contract.

O. Contractor further agrees that MPS is not to be charged with the obligation or responsibility of extending any fringe benefits such as hospital, medical and life insurance, or pension plans which may be extended to employees of MPS from time-to-time and further agrees to indemnify and hold harmless MPS and all its employees, officers and agents from any liability for personal injuries, including death, or for damage to or loss of personal property, which might occur as a result of the performance of the services provided for under a contract.

P. Contractor agrees that Contractor will not file any complaint, charge, or claim with any local, state or federal agency or court in which Contractor claims to be or to have been an employee of MPS during the period of time covered by a contract and that if any such agency or court assumes jurisdiction of any complaint, charge or claim against MPS on Contractor's behalf, Contractor will request such agency or court to dismiss such matter.

G-05 Stand-By Drivers

The Contractor shall maintain no less than ten percent (10%) of drivers as stand-by drivers each and every day for a.m., mid-day and p.m. routes. Stand-by drivers should be the most capable and experienced drivers and must have no less than two (2) years consecutive experience as a bus driver assigned to MPS contracts. Contractors that are awarded athletic and/or after school activity service shall be required to have an additional 2 percent of stand-by drivers, for a total of twelve percent (12%) stand-by drivers. Contractors may not count Field Supervisors or dispatch staff as stand-by drivers. Contractors must ensure that stand-by drivers are dispatched in a timely manner to ensure that all bus stops are picked up on time. Failure to maintain an adequate staff of stand-by drivers may result in cancellation of route(s).

G-06 Driver Roster

A. Contractors are to maintain an updated driver roster and stand-by driver roster for all MPS routes, which includes the driver’s full name and CDL license number. The report shall be in Microsoft EXCEL format and sorted alphabetically by last name. Stand-by drivers shall be designated as such.

B. Both MPS and the Contractor understand that MPSis bound by the Wisconsin Public Records Law, and as such all terms of this agreement are subject to and conditioned on the provisions of Wis. Stats. §§ 19.21-39.

C. Wisconsin Statutes Section 121.52(5) requires school boards to release the name of each driver who transports a pupil upon the written request of the pupil’s parent and/or guardian. MPS shall notify the Contractor when a written request for a driver’s name is received. Pursuant to Wis. Stat. § 121.52 (2) (b), Contractors are required to take any action necessary to assist the school board in complying with this requirement.

G-07 Driver Pay

A. Each Contractor awarded a contract with MPS must pay a minimum of $15.00 per hour to any driver while servicing any MPS route. This provision applies to all MPS routes and charters, including waiting time during field trips or athletics. This provision applies to services performed for MPS, including work ordered directly by other MPS schools and/or departments. This provision must be included in the “Employee Handbook”. MPS will make provisions in subsequent years to increases in the minimum driver pay requirement.

B. Failure to comply with this requirement may result in the withdrawal of portions of any contract.

C. Contractor may be required to provide salary records or evidence that Contractor is complying with item "A" above.

D. Contractor shall establish pay policies that comply with these specifications, including the established minimum pay rate specified in item “A” above, and state and federal wage and hour regulations.

G-08 Drug Testing and Alcohol Screening Program

A. MPS recognizes that the use and/or abuse of alcohol or controlled substances by school bus drivers present a serious threat to the safety of students, drivers, and the general public. It is the policy of MPS that all school bus drivers must be free of drugs and alcohol.

To further the goal of obtaining a drug and alcohol-free transportation system, and to comply with Federal laws and State of Wisconsin statutes, each Contractor will implement a pre-employment, reasonable suspicion, and randomly generated controlled substance and alcohol testing program, effective upon execution of any contract with MPS. An objective of this program will be the early identification and referral for treatment of workers with controlled substance and/or alcohol abuse problems. Therefore, it is imperative that a company have available referral information and access to appropriate employee assistance programs designed to help individuals requesting help or treatment.

B. Tests Required: All persons must be tested for controlled substances prior to initial employment by the Contractor and on other occasions as required by Department of Transportation (“DOT”) guidelines.

Whenever a Contractor has reasonable cause to believe that the actions, appearance or conduct of a driver, while on duty, are indicative of the use of a controlled substance or alcohol, the driver will be required to undergo a drug and/or alcohol test. MPS can request a Contractor to investigate a driver if there is a reasonable cause, in accordance with DOT Reasonable Cause Drug Policy Procedures. Contractors will provide documentation to MPS that the test was conducted.

C. Substances Tested: Although the above regulations apply to all controlled substances, all drug tests will analyze an individual's urine to test for the presence of the following substances:

· Marijuana

· Amphetamines

· Cocaine

· Phencyclidine

· Opiates

· Methylamphetamine

· Acetylomorphine

D. Testing Organizations: To ensure the integrity of the drug testing program, each bus company must contract with a reputable, DHHS-certified laboratory or clinic and a certified Medical Review Officer (MRO) that maintains an established quality assurance program in accordance with DOT regulations and procedures. All privacy rights and confidentiality must be adhered to by the Contractor.

E. MPS Contract Compliance: MPS retains the right to conduct a review of a Contractor’s drug and alcohol testing policies and procedures at any time. Failure to maintain a drug and alcohol testing program in accordance DOT regulations and procedures will result in the immediate cancellation of all or part of any contract between the Contractor and MPS.

F. No later than July 15 of each contract year the Contractor shall provide the MPS Department of Business and Transportation Services with the name and address of the companies it has contracted with to perform its drug and alcohol testing program. Included in the report shall be a detailed document or brochure outlining the company's procedures for screening and testing drivers.

G. Wisconsin statutes and CDL requirements relating to drug and alcohol testing shall apply, including all revisions by the U.S. Department of Transportation.

G-09 Criminal Background Check

C. Contractor shall not assign any employee or volunteer to transport or work with MPS pupils until the employee or volunteer has undergone a criminal and driving record background check and the employee or volunteer meets the requirements for driving a school bus as established by the State of Wisconsin.

G-10 Driver Training

A. All drivers are to be provided with appropriate training and refresher courses each year in the following areas as a minimum:

The Department of Business and Transportation Services may review Contractors’ bus driver training program, upon request.

G-11 Prohibited Conduct Policy

The use of tobacco products by drivers or riders is prohibited at all times. This prohibition extends to drivers even when riders are not on board. No employee of the Contractor will have in his/her possession, while on the school bus or school grounds, a weapon or item(s) designed to look like a weapon(s). In addition, drivers may not play any personal radio, boom box, CD player, etc., or use a cell phone while riders are on board. Driver may not photograph, in any manner students on their bus.

G-12 Other Staff

In addition to providing safe and efficient transportation operations, Contractor shall be responsible for services which include, but are not limited to the following:

G-13 School Bus Insurance

A. All applicable Wisconsin State Statutes shall apply, including any and all future revisions. This includes compliance with, but is not limited to, the following: Wis. Stat. § 121.53 and Wis. Stat. § 632.32.

B. Notwithstanding the auto liability insurance limits specified under Wis. Stat. § 121.53, the minimum limit of auto liability insurance that must be carried and maintained by the Contractor is $5,000,000 per accident combined single limit irrespective of the passenger capacity of any school bus. In addition, Commercial General Liability insurance must be carried and maintained by the Contractor with minimum limits of $5,000,000 per occurrence and $5,000,000 general aggregate. The $5,000,000 required limits of liability can be satisfied by the combination of primary and umbrella liability policies. All required insurance must be written on an occurrence form. All insurance companies must have a current A.M. Best rating of A- or better.

C. The “Milwaukee Board of School Directors” must be named as an additional insured under the aforementioned insurance policies. The aforementioned insurance policies shall defend and hold harmless the Milwaukee Board of School Directors, its officers, agents, employees, and other responsible parties of any and all liability for property damage and injuries to pupils, employees of the Milwaukee Board of School Directors and any other individual riding as passengers on any bus under this contract.

D. A "Certificate of Insurance" indicating that insurance has been procured and is in effect, which covers the owner and the operator of the bus and also the Milwaukee Board of School Directors, shall be filed with MPS and the State of Wisconsin, Department of Transportation, as required by Wis. Stat. § 121.53(4).

E. Evidence of the aforementioned insurance must be filed electronically with the Office of Finance, Department of Procurement and Risk Management’s third-party vendor, EXIGIS Risk Management, at the time of Contract execution. Contractor must provide ten (10) day written notice to MPS of any cancellation, non-renewal, or known material change in the aforementioned insurance for the duration of the contract.

F. Contractor is responsible for carrying and maintaining for its employees Worker’s Compensation and Employers Liability insurance. The Contractor is responsible for carrying adequate limits of employer’s liability insurance so that it can be scheduled under the contractor's umbrella policies. Evidence of the aforementioned insurance must be filed with the Office of Finance, Department of Procurement and Risk Management’s third-party vendor, EXIGIS Risk Management, at the time of Contract execution and is to be included on the certificate of insurance. Coverage shall be modified to include a Waiver of Subrogation Endorsement in favor of the Milwaukee Board of School Directors, including its agents, officers, and employees.

G. Indemnification. Each Contractor agrees that it will indemnify and hold and save the Milwaukee Board of School Directors, its agents, officers, and employees harmless, from and against all claims, demands, actions, damages, loss, cost, liabilities, expenses and judgments recovered from or asserted against the Milwaukee Board of School Directors, its agents, officers, and employees on account of any injury or damage to persons or property to the extent that any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by any act, omission, negligence or misconduct on the part of the Contractor or any of its subcontractors, agents, servants or employees or any firm or corporation directly or indirectly employed by the Contractor upon or in connection with its performance under this contract. Such indemnification of the Milwaukee Board of School Directors, its agents, officers, and employees by Contractor shall be effective unless such damage or injury results from the sole negligence, gross negligence or willful misconduct of the Milwaukee Board of School Directors’ agents, officers or employees. Contractor covenants and agrees that in case the Milwaukee Board of School Directors shall be made party to any litigation commenced by or against the Contractor or relating to the operation, maintenance or use of the Contractor's buses used in the service of this contract, then the Contractor shall and will pay all costs and expenses, including reasonable attorney's fees and court costs incurred by or imposed upon the Milwaukee Board of School Directors arising out of such litigation.

The indemnification obligation of the Contractor shall not be reduced or limited in any way by the existence or the nonexistence, limitation, amount or type of damages, compensation or benefits payable under the Workers Compensation laws or other insurance coverage the Contractor is required to carry in accordance with this contract.

G-14 Accident Reports

A. Wisconsin Statutes § 121.53(6) shall apply.

B. Each accident or injury which occurs when there are riders on the bus must be reported immediately to the Director of Business and Transportation Services using either the HOT LINE number, the Director of Business Services cell phone number, the general office number, or if unsuccessful, by emailing the pertinent information to tran@milwaukee.k12.wi.us. It is the responsibility of the Contractor to ensure that MPS has been informed of the accident. A written report describing the accident must be submitted to the Department of Business and Transportation Services within 24 hours.

C. The Contractor will contact the school administrator with all available information immediately after contacting the Department of Business and Transportation Services. The Contractor shall update the Department of Business and Transportation Services and the School Administrator as additional information becomes available.

D. Failure to report and accident may result in either the cancellation of the route, the issuance of Liquidated Damages pursuant to Specification G-42, or both.

G-15 Computers and Telephones

A. Each Contractor performing any service for MPS is required to connect to the MPS student transportation database via a specified, approved computer terminal hookup. Contractor shall install and maintain (at Contractor expense) all appropriate computer hardware and software to enable complete access to MPS authorized applications. Contractor must have a high-speed (broadband or DSL) e-mail and Internet capability. All computers and computer networks shall be adequately secured to protect MPS and Contractor information and the integrity of the systems, including the installations of firewalls, and the latest versions of ant-virus software and services.

B. Each Contractor which runs more than thirty (30) vehicles for MPS must have two separate business phone lines that will be answered by staff on a timely basis for access by schools and parents. For Contractors with multiple terminals, two separate phone lines must be available at each location. One additional line is to be available for every 50 buses awarded (over 30). This requirement may be satisfied by a "hunt" phone system which transfers incoming calls to the next available free line. The Contractor must provide MPS with a listing of all publicly accessible numbers no later than July 15th annually. This requirement is in addition to a hotline that contractor must provide. The Hotline is to be a separate phone line that accessible only by Department of Business and Transportation Services and not advertised nor part of general public access. Contractor’s that use an automated dial system must have the parent/school number be as #1, and be the first number provided.

C. Contractor must provide adequate staff to answer “hot line” telephone calls. At a minimum, each company which runs more than thirty (30) vehicles for MPS must have staff to cover the telephones at a ratio of 1 staff member per 30 buses (1:30) to assist with communication with schools and parents. Answering machines or voice mail systems are not to be used during the time buses are operating, generally from 6:30 am to 5:00 pm on general incoming lines. Contractor is required to provide trained staff to respond to “hot line” calls within five rings.

D. Contractor shall supply cellular and home telephone numbers of all management and safety personnel to MPS By July 15 annually. MPS shall be notified of any changes to these personnel assignments or their contact information immediately.

E. Contractors must establish and operate a complaint and/or problem resolution procedure that provides schools, parents and students with an effective response in a prompt and timely manner. Contractors must respond to all e-mails generated by the MPS “Bus Complaint” system within one business day. The Contractor must provide MPS a copy of its customer service procedures and staffing plan by July 15 annually. MPS reserves the right to request the Contractor to expand, modify or reinforce its procedures and staffing to provide effective customer support in accordance with these Specifications.

G-16 Field Supervisors

A. Each Contractor must provide field supervisors for daily route supervision.

B. Each Contractor must maintain a roster and a duties responsibility statement for the field supervisors describing how supervision will be conducted. Field Supervisors must be persons whose primary duties are street supervision of the vehicles and drivers for service under this contract. Field Supervisors shall not have any routes permanently assigned to them as bus drivers, stand-by drivers or be the primary dispatch staff.

Field supervision shall include, but is not limited to, the following:

1. Spot checking driver performance at specific pick-up points and at schools;

2. Riding a specific route where problems have occurred;

3. Providing on-the-job training to drivers;

4. Resolving problems between the Contractor's personnel and school officials or parents;

5. Assigning stand-by vehicles and continuing service where bus breakdowns occur;

6. Providing training to drivers according to the Contractor's safety training program; and

7. Representing the Contractor at school or district meetings.

C. Contractors must provide Field Supervisors according to the following formula. This schedule is applicable based upon the number of vehicles awarded to each Contractor pursuant to its contract.

D. MPS reserves the right to review the Field Supervisor roster and related duties at any time at the Contractor location. Failure to maintain the proscribed number of Field Supervisors will be considered a serious breach of the contract and may result in the cancellation of routes.

G-17 Vehicles

A. All vehicles under contract must be school buses, as defined in Wis. Stat. § 340.01(56) and painted school bus yellow as set forth in Wis. Stat. § 347.44. Other alternative vehicles, including human services vehicles, as defined in Wis. Stats. § 340.01(23g), are not permissible for use, unless explicitly approved in writing by the Department of Business and Transportation Services. For purposes of these Specifications, the terms “vehicle” “school bus” and “bus” is used interchangeably. All vehicles must comply with all applicable laws, rules and regulations for the operation of buses and motor vehicles in the State of Wisconsin, including but not limited to:

Wisconsin State Statutes: Chapter 110, 121, 340, 347, 632 Wisconsin Administrative Code: TRANS 300

All updates and revisions of any applicable law, rule or regulation shall be complied with immediately.

B. Vehicles must be equipped with an operational two-way radio service. The minimum coverage area from base to mobile and mobile-to-mobile must include the entire established school district boundary. MPS will monitor the radio frequency.

C. In addition to the requirements of TRANS 300.61(6) regarding the name and address of the owner or operator, all vehicles must display the name of the bus company on both sides of the vehicle and on the rear bumper in contrasting letters not less than four (4) inches high as permitted by TRANS 300.61(7).

D. All vehicles must be equipped with a retractable crossing gate on the front.

E. No bus operating routes under contract with MPS will have advertising placed upon or within it unless such advertising has been approved by MPS.

F. All buses must be equipped with an electronic system that requires the driver to check the bus for children prior to exiting the bus. An alarm must sound if the bus is not checked. System activation shall not be under the control of the driver. MPS reserves the right to reject any method proposed by a Contractor and require an alternative method be used.

G. Bus interiors shall be swept on a daily basis and kept in a safe and sanitary condition. The exterior of the bus shall be kept clean enough to ensure visibility out of all windows and visibility of all markings on the bus. High touch surfaces such as hand rails and seat backs shall be wiped down a minimum of once daily after all AM runs are complete and again once daily after all PM runs are complete with disinfectant spray to minimize viral pathogen transmission risk.

H. All buses must be equipped with a GPS system unit that integrates with MPS’s Trapeze VEO NOW software program. Contractors are responsible for purchasing, installing and maintaining all necessary equipment on each vehicle. Contractors are responsible for the cost of cellular air time to transmit data from the GPS equipment on the buses to the terminal, and from the terminal to MPS. Contractors are responsible for ensuring the equipment is fully operational while operating MPS routes or trips. Any software fees or related Trapeze charges, not related to equipment, will be the responsibility of MPS.

MPS will provide each Contractor with access to the web-based VEO NOW software program so that they may track and review the same assignment and route data tracked and reviewed by MPS. MPS will supply access to this system at its sole cost. Each Contractor shall supply the necessary hardware to access the system at its sole cost.

Contractors are responsible for daily updates to GPS bus assignments. Contractors will utilize MPS-provided Mobile Data Terminals (MDTs) to track GPS assignments. MPS will provide daily downloads of route data to the MDTs. Changes and updated data must be uploaded prior to the start of AM, Mid-day and PM routes.

MDTs shall be installed on all buses under contract with MPS, including the standby vehicles referenced in G-21 A Contractor may ask MPS for a temporary limited waiver of this requirement due to emergencies and unanticipated maintenance needs. Such waiver may be granted by the Director of the Department of Business and Transportation Services, in his/her sole discretion.

Contractors will be responsible for the installation and non-software maintenance of the MDTs on their buses. Failure to do so can result in liquidated damages or cancellation of the noncompliant contracted bus.

Replacement mounting kits or individual mounting kit parts needed due to wear and tear or theft are the responsibility of the Contractor.

Contractors are responsible for purchasing, installing and maintaining all necessary replacement MDT equipment on each of their vehicles. MPS will ensure the availability of conforming MDT units, through its supplier. Contractors will assume responsibility for replacement due to theft or damage to the MDTs caused by attempted theft of MDT units.

Units proven to be defective by MPS or affected by the MPS student body while servicing MPS activities will not have negative effect on Contractor rating until replaced by MPS and a reasonable time is given for MDT to be reinstalled into assigned vehicle.

I. Contractors must provide digital video recorders for a quantity of buses equal to at least 50% of the award under each MPS contract distributed equally among both Van Type or Integral Bus and Body on Chassis Types buses servicing MPS. MPS has the right to designate these camera-equipped buses be used on certain routes. Contractor shall maintain a log of the date, bus number, and driver for those camera-equipped buses for review by MPS. Contractors shall retain ownership of the video equipment and will be responsible for all maintenance and repair and/or replacement of the equipment, as well as all hardware licenses and supplemental software/equipment needed for the complete operation of the digital video recording system. At a minimum, the digital video recorders must include:

· 15 days or 50 hours per week of recording time.

· Hard-drive based recording media, SD Card, or Solid-State Drive formats are acceptable.

· Industry standard video format for playback on standard purchase MS Windows PCs.

· Ability to transfer video clips and still images to industry standard CD-ROM, USB/flash memory stick or DVD formats. Must have the ability to transfer the electronic file transfer in the file’s native format to Google Drive or Microsoft Outlook Dropbox.

All recorded data produced by these digital video recorders shall be the property of MPS, pursuant to MPS Administrative Policy 4.04 once transferred to a viewable medium. Contractor must insure the confidentiality and integrity of the videos, and shall designate a limited number of staff members authorized to access the videos at the request of MPS. MPS’s Director of Business and Transportation Services or his/her designee shall decide when a video is to be viewed, where the viewing will take place, and who is authorized to view the video.

Contractors shall ensure that non-authorized users cannot download the software or videos.

The video(s) shall be treated as confidential pupil records, with all the associated protections under the law. All persons viewing the videos shall follow all relevant MPS Policies and Procedures, state and federal laws as they relate to confidential pupil records.

Videos of Tier #2 and Tier #3 Incidents, as described in Specification G-32 shall be provided to MPS for review in a standard mutually agreed upon media format including, at minimum, .avi or .wmv and shared using MPS google drive account assigned to contractor by MPS. Requests for a review of chronic Tier #1 Incidents can be made by Contractors and/or schools.

Contractors and MPS will continue to develop and update, as necessary, guidelines and procedures for the handling, reviewing and disclosure of videos and the information they may contain.

J. Seat belts or other protective restraints are required for all special education door-to-door routes. Bus drivers are responsible for putting students in the harness or other protective restraints.

Seat belts and/or other restraints may be required for other children on an individual basis at the direction of MPS and with parent/guardian approval.

Contractors who transport special education riders on door-to-door routes will be required to supply all needed harnesses and “STAR” child seats, if required by the student’s I.E.P. Harnesses and seats must meet or exceed all federal safety standards and must be appropriate for each child for which they are intended.

Wisconsin State Statutes in regard to seat belts and child restraints shall apply.

K. In the event MPS requires additional equipment other than those already set forth during the term of the contract, MPS will negotiate in good faith a rate increase applicable to such equipment installation.

G-18 Vehicle Capacity

A vehicle shall carry no more pupils than the posted seating capacity of the vehicle.

G-19 Inspection of Vehicles

A. Vehicles are to be inspected daily and maintained by the Contractor.

B. During the term of the contract, vehicles are to be inspected by the Wisconsin State Patrol.

C. The Contractor shall forward to the Department of Business and Transportation Services a copy of each vehicle inspection report within ten (10) calendar days of the inspection as well as maintain an up to date binder of all inspection reports for buses servicing MPS. This information shall be readily available for review by July 15th annually.

D. Contractors that fail to adequately maintain their vehicles in good repair, which determination shall be made by MPS in its sole discretion, may be subject to penalties, performance mark-down and route cancellation. This list of remedies to MPS for Contractor’s failure to adequately maintain their vehicles in good repair is non-exhaustive.

G-20 Age of Vehicles

A. Definitions:

1. Fleet - All vehicles used on MPS routes, including standbys.

2. Van Type or Integral Bus - A bus manufactured as an integral unit and not constructed with a separate body and chassis. Generally designed to carry less than 22 riders.

3. Body on Chassis Type Bus - A bus manufactured in two stages with a body mounted on a truck or specifically designed bus type chassis in a separate operation. Generally designed to carry 22 or more riders.

4. Remanufactured Vehicle - Remanufacturing, re-bodying, and/or replacement of major components of the vehicle such that the vehicle is re-titled by the Wisconsin Department of Motor Vehicles as a newer model.

5. Standbys - Those vehicles not regularly assigned to MPS routes; vehicles which are used only in the event of breakdown or other emergencies.

B. Average Age:

1. The Fleet Average Age for Van Type or Integral Buses may not be more than 8.5 years.

2. The Fleet Average Age for Body on Chassis Type Buses may not be more than 9.5 years.

C. Maximum Age:

1. No Van Type or Integral Buses may be older than 10 years.

2. No Body on Chassis Type Buses may be older than 12 years.

D. Remanufactured Vehicles:

Remanufactured vehicles will be considered as belonging to the year indicated on the new title provided by the Wisconsin Department of Motor Vehicles.

The Contractor will be required to provide a copy of the new title to MPS for each vehicle to be considered as such.

E. Award Eligibility:

Only those vehicles meeting the maximum age requirements outlined in item "C" will be considered. Because vehicle model years and contract years often do not coincide, a vehicle whose model year begins immediately prior to a contract year shall be considered one year old for purposes of Specification G-20 (i.e. a 2023 model year is considered 1 year old for the 2024-2025 contract year)

By July 15th annually, each Contractor must provide to MPS a Fleet Age Report which includes information in the following sequence: model year, manufacturer, size, fleet number, and license number. The report shall be sorted by age and include all stand-by vehicles.

MPS reserves the right to immediately terminate each and every route on which a Contractor is using vehicles that do not meet the age requirements.

G-21 Stand-By Vehicles

The Contractor shall maintain a sufficient number of vehicles on stand-by; no less than five percent (5%) of the number of buses contracted with MPS every day both AM, mid-day and PM. Contractors that are awarded athletic and/or after school activity service shall be required to have an additional two percent (2%) stand-by buses for a total of seven percent (7%) stand-by buses.

Stand-by vehicles should be located at strategic points during the hours that pupils are being transported, and have continual contact with the Contractor's dispatch. The Contractor must be able to respond to emergencies within fifteen (15) minutes.

Chronic failure to maintain the appropriate number of standby drivers and vehicles may result either in the cancellation of bus route contracts or the issuance of liquidated damages pursuant to Specification G30.

G-22 Performance in Inclement Weather

When MPS determines schools will be open, even with adverse weather conditions, it is expected that the Contractor will provide service. The Contractor must submit to the Department of Business and Transportation Services by July 15th annually a written guarantee that they will be able to run each route awarded. Guarantees shall list what precautions the Contractor has taken to ensure bus performance, i.e., electric heaters, snow plows, maintenance work contracts, source of gas, late shift mechanics, etc.

G-23 Route Designator Signs

All Contractors are required to display a Route Changer on each bus. Route changers shall be hinge mounted in a horizontal position externally on the passenger side of the bus immediately to the rear of the service door and beneath the foremost window. This is the only acceptable position for the route changer. The route changers must hold up to 4 digits. The digits shall be 3 ¾ inches in size, and the route changer casing dimension shall be 7 inches high by 10 ½ inches wide. The route changer frame shall be black with white lettering. Only MPS authorized signs are acceptable. Failure to display the MPS authorized sign may result in the issuance of liquidated damages

III. SPECIFICATIONS PERTAINING TO SCHOOL NEEDS

G-24 School Calendar:

A. Regular school transportation will normally be required for a period of between 175 and 180 school days. All high schools, traditional middle schools (6-8), and select elementary schools have adopted an early start calendar. All other MPS schools remain on the traditional calendar. An update to the master school calendar shall be furnished prior to the opening of each school year. Each month a calendar will be issued. It is the responsibility of the Contractor for adhering to any special schedules or shortened schedules. Individual schools, either MPS, private or suburban, may adjust their calendars to meet their individual needs only with explicit authorization of MPS’s Department of Business and Transportation Services.

B. Minimum Day Guarantee: Subject to Section VII (Force Majeure), MPS will guarantee 60% of the daily rate for each day in which a wrap-around route runs less than 175 days over the course of the school year. The route must have started on the first day of school and must fall under the MPS Regular and Special Education Contract. The guarantee does not apply to any routes not within the above-named contracts, such as mid-day kindergarten, early childhood, or after school activity routes.

Note: The minimum day guarantee does not apply to any routes that do not begin with the first day of school for any school site.

C. Reduced runs: Whenever a bus does not complete all scheduled daily runs, the total daily bus rate will be reduced as follows:

· MPS will pay 60% of the total daily bus rate when a bus that has 2 daily runs (two tier) scheduled in the AM and PM has only 1 of the paired school runs operating and the other school run on that day is not.

· MPS will pay 70% of the total daily bus rate when a bus that has 3 daily runs (three tier) scheduled in the AM and PM has only 2 of the paired school runs operating and the other school run on that day is not.

· MPS will pay 50% of the total daily bus rate when a bus that has 3 daily runs (three tier) scheduled in the AM and PM has only 1 of the paired school runs operating and the other 2 school runs on that day are not.

(eg) Package 0999 $300 daily bus cost.

· Bus Package 0999 consists of:

Tier 1: Route 1

· Sept has 12 total service days but Tier 2 school only is out one of those 12 service days due to specific Staff Professional Development in that building.

· This means for one of the Sept billing days the total BUS PACKAGE payout is 70% of the Bus Package total (because Tier 2 is out on a day). Total payout for that particular day where only 2 of the 3 runs were active for bus package 0999 shall not exceed 70% of $300 = $210

i. If Tier 1 and Tier 3 was paid out its 1/3 of the bus cost for that day ($200 of a $300 daily bus rate) the differential of $10 will be paid for Tier 2 not running on that particular day

Any adjustments to bus rates must be approved by MPS.

D. MPS reserves the right to change the school hours or days of attendance of any or all schools any time prior to the award of the agreement and at any time thereafter.

G-25 Early Dismissals and Emergency Closings

A. Contractors should make a reasonable attempt to accommodate early dismissals. Additional payment for early dismissals will be considered only if the early dismissal results in an increase in costs. Payments for early school dismissals are to be made only when authorized through the Department of Business and Transportation Services. In the event that payment is authorized, it shall be $35.00 per route for a “Late Arrival” or “Early Dismissal” during non-peak hours (9:30 am – 1:30 pm), and $70 during peak hours.

B. The Department of Business and Transportation Services shall notify the Contractors regarding emergency school closings except as per item "C" below.

C. A private and/or suburban school is authorized to call the Contractor regarding an emergency school closing if MPS’s Department of Business and Transportation Services office is closed.

G-26 Alterations of Service

A. Alterations of service (one-time modifications of existing service) are to be made only upon written approval notification on an "Alteration of Service" form by the Department of Business and Transportation Services.

B. No additional service charges will be permitted for services detailed on the monthly calendar. Additional payments for alterations of service will be considered if the alteration of service results in an increase in costs. Payments for alterations of service will be made only when authorized by the Department of Business and Transportation Services.

G-27 Amendments to Service

A.…