3-RevisedContract.pdf

*Revised Contract*

Contract No. C-267-360

ONTARIO-MONTCLAIR SCHOOL DISTRICT

Ontario, CA

TRANSPORTATION SERVICE AGREEMENT

THIS AGREEMENT is made and entered into this 16th day of October 2026, by and between the Ontario- Montclair School District, hereinafter referred to as the "District", and ____________________________________, hereinafter referred to as the "Contractor."

WITNESSETH:

The District and the Contractor, for the consideration hereinafter named, mutually agree as follows:

1. Scope of Contract. The Contractor shall operate and maintain one or more school buses and will provide safe transportation of pupils for all activity trips arranged under this Agreement.

2. Term of Contract. The initial term of the agreement shall be for 1 year with the option to extend on a year-by-year basis for a total not to exceed five years commencing the date of signing and the first year ending June 30, 2027 unless earlier terminated as provided for in this Agreement. This Agreement may be renewed only upon mutual agreement of the parties in writing for successive one-year periods.

3. Contract Documents. The complete contract documents consist of this Agreement, price schedule, workers’ compensation certificate, certificate of insurance, performance bond (if required), and non-collusion affidavit, which are incorporated herein by reference. In the event of any conflict between terms of this Agreement and any other document comprising the contract documents, the terms of this Agreement shall govern.

4. Required Certifications.

A. The Contractor, its employees, and its agents shall secure and maintain valid permits, licenses, and certifications that are required by law for the execution of this Agreement.

B. During the terms of this Agreement, the Contractor shall obtain and maintain, at no cost to the

District, comprehensive general liability and automobile insurance policies, including products/completed, operations, personal injury, broad form property damage, liquor liability, blanket contractual, owned, non-owned, and hired automobile liability coverage with a minimum combined single limit of Five Million Dollars ($5,000,000.00) to protect the District and the Contractor, and their officers, agents, and employees from any claims for damages, personal injury, or death, and from damaged property, which may arise from the operation of the Contractor under this agreement. Liability insurance shall provide insurance for passengers from the time they are delivered into the Contractor’s custody or the custody of its employees.

C. The Contractor shall at all times during the term of this Agreement maintain workers’ compensation insurance including employer liability coverage in the amount not less than Five Hundred Thousand Dollars ($500,000.00) for all employees engaged in work under this Agreement.

D. Each policy evidencing insurance required to be carried by the Contractor pursuant to paragraphs B and C above shall be carried with responsible and solvent insurance companies authorized to do business in the State of California, and shall contain the following provisions and/or clauses: (a) a provision that such policy and coverage evidenced hereby shall be primary and that any coverage carried by the District shall be non-contributing with respect to any policies carried by the Contractor; (b) a provision including the District as an additional insured and loss payee; (c) a waiver by the insurer or any right to subrogation again the District, its agents, employees, or representatives; and (d) a provision that the insurer will not cancel or change the coverage provided by such policy without first giving the District a minimum of thirty (30) calendar days prior written notice. The Contractor shall pay any additional insurance premiums, which may be required for inclusion of such provisions. Should any such policy of insurance be canceled or changed, the Contractor agrees to immediately provide the District with true and correct copies of all new or revised certificates of insurance.

5. Hold Harmless Agreement. The Contractor shall indemnify and hold the District, its GOVERNING

BOARD, its OFFICERS, EMPLOYEES, and AGENTS harmless from every claim or demand which may be made by reason of any injury to person or property sustained by any person, firm, or corporation, caused by any act, neglect, default, or omission of the Contractor or of any person, firm, corporation, directly or indirectly employed by him upon or in connection with its performance under this Agreement.

In the event the District shall, without fault on its part, be made a party to any litigation commenced by or against the Contractor, then the Contractor shall indemnify, pay for the defense of, and hold harmless the District and its officers, agents and employees of and from any and all liabilities, claims, debts, damages, demands, suits, actions and causes of actions of whatsoever kind, nature or sort which may be incurred by reason of the Contractor’s negligent or willful acts and/or omissions in rendering any services hereunder.

The Contractor shall assume full responsibility for payments of federal, state and local taxes or contributions imposed or required under the social security, workers' compensation or income tax law, or any disability or unemployment law, or retirement contribution of any sort whatever, concerning the Contractor or any employee and shall further indemnify, pay for the defense of, and hold harmless the District of and from any such payment or liability arising out of or in any manner connected with the Contractor’s performance under this Agreement.

6. Applicable Rules and Regulations. While performing its obligations under this Agreement, the

Contractor agrees to comply with and observe all the provisions of the California Vehicle Code, Department of Education, State of California, as well as all other applicable laws, rules, and regulations, both state and federal, and those prescribed by the Governing Board of the District or State Board of Education relating to the transportation of pupils and the use and operation of school buses, including bus evacuation instructions for those on board. (A copy of the completed bus evacuation instructions given prior to each departure will be provided to any requestor before or after the completion of any trip.)

7. Drivers’ Qualifications. The bus drivers in the employ of the Contractor for service of the District shall meet all statutory and regulatory requirements relating to drivers’ qualifications and responsibilities. The Contractor assumes sole responsibility for assuring its drivers’ qualifications.

8. Fingerprinting. The Contractor will provide a written statement showing that all employees that will provide service to the District shall have been fingerprinted and such finger printing shall have been sent to the Department of Justice for review and comments that such employees have never been convicted of a felony.

9. Alcohol and Controlled Substances. The Contractor shall comply with the Code of Federal

Regulations, title 49, Volume 4, Part 382, Subpart F, Section 382.601, which requires the Contractor to:

A. Adopt a policy on the misuse of alcohol and controlled substances.

B. Provide to each bus driver educational material that explains the requirements of Part 382 and the Contractor’s policies and procedures with respect to meeting these requirements;

C. Obtain a certificate of receipt from each such driver evidencing that he or she has received a copy of the foregoing material.

D. Upon request of the District, the Contractor shall provide copies of all such certificates from the drivers who have been assigned by the Contractor to perform services under this Agreement.

10. Safety Program. The Contractor shall provide regular and continuous formal safety instructions for all operating personnel assigned to this contract, and shall observe all requirements of California state law governing the safe operation of school or SPAB bus equipment and training of personnel as it relates to the safety of students being transported pursuant to this Agreement.

11. Assignment and Subcontracting. The Contractor shall not assign, transfer, or subcontract any of its rights, burdens, duties, or obligations without the written consent of the District.

12. Independent Contractor. While engaged in carrying out and complying with the terms and conditions of this Agreement, the Contractor is an independent contractor, and not an OFFICER, AGENT, or EMPLOYEE of the District.

13. Field Trips and Other School-Sponsored Activities. The Contractor agrees to provide transportation services for field trips and other school-sponsored activities as may be authorized by the District. For field trips or other school sponsored activities, the District will contact the Contractor at least ten (10) calendar days prior to the scheduled activity. In the event that inadequate buses or drivers are available, or the District chooses to do so, the District may contact another transportation firm and request service.

14. Cancellation. The District shall have the option to cancel any scheduled field trip or other school-sponsored activity upon the District’s notification to the Contractor at least two (2) hours prior to the time of the first scheduled pupil pickup. If cancelled at the pickup points, the District shall pay the Contractor for their driver’s time and mileage to and from the District facility. If said notification is not given, the District agrees to pay the minimum not to exceed rate of $80.00.

15. Contractor’s Personnel. All personnel assigned to perform under this Agreement shall be subject to continuous approval by the District. The District reserves the right to request that any manager or employee of the Contractor, which the District has determined to have performed unsatisfactorily or in violation of the terms of this Agreement, be removed by the Contractor from performing services under this Agreement. The Contractor shall comply with such a removal request within one (1) week of receiving written notification from the District. In cases involving gross acts of negligence such as cursing, physically abusing children, or acts of refusal to perform their assigned duties in a satisfactory manner as requested by the Contractor’s General Manager or the authorized agent of the District, the Contractor shall immediately remove such individual upon receipt of written notification from the District.

16. Record Keeping and Accident Reports.

A. Contractor will be required to provide daily or other operational records deemed necessary by the District. As required by Government Code Section 8546.7 or amendments thereto, all books, records, and files of the Contractor and the District connected with the performance of this Agreement shall be subject to the examination and audit of the state auditor of the State of California at the request of the District or as part of any audit of the District, for a period of three (3) years after final payment is made under this Agreement. The Contractor shall preserve and cause to be preserved such books, records, and files for the audit period.

A. All reportable accidents (as defined by law) involving the Contractor’s personnel while operating for the District shall be reported to the District.

17. Schedule of Fees. In consideration of the performance on the part of the Contractor of the terms of this Agreement, the District agrees to pay the Contractor the following sums for pupil transportation for all activity trips.

SEE ATTACHMENT A FOR SCHEDULE OF FEES

Rates do not include parking fees, road tolls, entry fees, or like items. Transfers/one-way trips, drop and returns, and multiple day trips will be quoted on an individual basis.

18. Adjustment of Rates. The rates established in the schedule of fees set forth in Section 17 above shall be subject to adjustment once each year. This adjustment will be as mutually agreed upon by both parties in writing, with the Contractor submitting their proposal to the District no later than May 1st of each year. The effective date of this adjustment will be July 1st of each year.

19. Termination of Agreement. This Agreement may be terminated at any time, by either party, by giving the other party thirty (30) days written notice of such action. Such notice shall be sent by registered mail, postage prepaid, addressed to the District’s representative (the Director of Transportation of the Ontario-Montclair School District) or the Contractor as appropriate.

20. Dispute Resolution. The parties agree to meet and confer in good faith on all matters and disputes under this Agreement. If a dispute is not resolved under the foregoing, the parties may exercise any right either may have at law or in equity.

21. Entire Agreement. The complete contract as set forth in this Agreement constitutes the entire

Agreement between the parties. No other agreements, oral or written, pertaining to the work to be performed under this contract, can be modified. Any modification to this Agreement must be in writing, signed by both parties, and approved by the Governing Board.

22. General Provisions.

A. This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the rendering of services by the Contractor and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which is not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding.

B. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

C. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

D. Pursuant to and in accordance with the provisions of Government Code Section 8546.7or any amendments thereto, all books, records and files of the District, the Contractor, or any subcontractor connected with the performance of this Agreement involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000), including, but not limited to the administration thereof, shall be subject to the examination and audit of the State Auditor General of the State of California, at the request of the District or as a part of any audit of the District, for a period of three (3) years after final payment is made under this Agreement. The Contractor shall preserve and cause to be preserved such books, records and files for the audit period.

E. Each person executing this Agreement warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind the parties hereto.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed.

District Contractor Ontario-Montclair School District Transportation Service Provider

By: _____________________________ By: _____________________________ Phil Hillman Chief Business Official Name: _____________________________ Administrative Services Title: _____________________________

Date: _____________________________ Date: _____________________________

Approved by the Governing Board:

Date:

END OF TRANSPORTATION SERVICE AGREEMENT