Addendum 2 - Bethel SD 52 Transportation RFP.pdf

QUESTIONS FOR BETHEL SCHOOL DISTRICT 52

1. Please provide a copy of the current contract with First Student (including any addendums)A copy of the current contract and addendums can be found in Appendix A of this document.

2. Please provide copies of invoices received from First Student since the beginning of the 25/26 school yearA copy of the September 2025 invoice has been included as Appendix B of this document.

3. How much was First Student charged in fees/fines/liquidated damages in each of the 23/24 and 24/25 school years?

No charges for fees, fines, or liquidated damages in those school years.

4. Is the current provider fully staffed with drivers and running all required routes?

Yes

5. On page 6, the specification indicates the District has experienced declining population over the past several years. How many regular home to school routes have been eliminated over the same period of years? Does the District anticipate a reduction of routes over the five year term of this contract?Currently, we have not removed routes, but we have seen a slight decrease in the amount of students we are transporting. We do not anticipate removing routes in the future, but we could see a continued decline in ridership.

6. Please provide information related to the number and length (in miles) of trips run by contractor buses. Alternatively, please provide the average number of hours per trip.Our response is contained within Appendix D of this document.

7. In Section 4.A, the specification states “plus minimum of four [5] spares”. Please clarify the number of spare 71-89 passenger buses the District requiresWe require at least 4 spares.

8. Does the District require a specific number of camera heads on the buses?

4-Front, 2 spaced out in the middle and one in the rear of the bus.

9. In Section L.1, the specification states “…the District may desire its staff to operate type 10 and type 20 vehicles….” Is the contractor required to provide type 10 vehicles for District use in addition to the required type 20 vehicles, or are these vehicles owned by the DistrictIf you chooseto bid on type 10 routes, you would need to provide the vehicles. We currently have a few type 20 vehicles that the district uses.

10.Please provide a list of District owned vehicles the contractor will be doing maintenance on, showing the number of vehicles, manufacturer and age. We will perform our own maintenance on district owned vehicles.

11.In Section IX.C, the RFP shows 16 buses running a mix of single and double tiered regular education home to school routes. However, in the “Total Cost Proposal” on page 58 appears to show 33 large bus routes (and 13 small bus routes). Similarly, the list of the current First Student fleet shows 46 route vehicles, matching the counts on page 58. Can you please clarify the discrepancy between these two sets of route counts.First Student has a large fleet as they serve other districts. We use a portion of their fleet.

12.Would the District be open to the daily hourly rate covering the first four hours of daily time (as opposed to three) to be consistent with a four-hour driver guaranteeWe would only guarantee 4 hours for theday, to be broken up between a.m. and p.m.

13.In Section 1 of the Proposal Rate Schedule, the District request both an annual and monthly fixed fee. Is the annual fixed fee calculated as the monthly fixed fee multiplied by 12 months? Or should bidder split costs into annual and monthly costs and charge both fees to the District?Thereare 2 questions to answer here.

Our annual fixed rate requests the cost for our contracted 10 month general education transportation cost. We also need the daily minimum cost for our summer routes.

14.In Section 5 of the Proposal Rate Schedule, the District requests pricing related to “alternate fuel sources conversion”. Is the District looking for information related to electric vehicles?If you have electricvehicles, then yes.

15.In Section D, #1, p 23, it states, “contractor is responsible for development, implementation, and management of all bus routes and route changes.” On page 5, #1 in the Intro section, it states, “District currently routes for both in-house and First Student bus routes.” Please clarify who is responsible for routing of the vendor supplied routes.Currently,our vendor does not have anyone on site that can use their routing software so we do the routing for them.

Ideally, you would have routing software and have someone that can route General Transportation students. We want to ensure that we are covered for either situation, ie: the language we used in the RFP.

16.The posting for the RFP was listed on Oregon Buys. The RFP has submission requirements for multiple copies. Please confirm that mail in copies of the proposal is required.Yes, mail in copies are required.

17.Will this be a public bid opening? No

18.On page 60, A, #2, the request is to list all public school transportation contracts currently held in Oregon, showing the name of the district served, number of routes and the number of students being transported for each contract, or if company has not done business in Oregon, comparable information from one other state on the west coast. In order for us to find contracts of comparable size, we may need to utilize multiple states. Is using two additional states acceptable?Yes

AMENDMENT TO THE MAY 6, 2021 TRANSPORTATION AGREEMENT BETWEEN

BETHEL SCHOOL DISTRICT NO. 52

AND

FIRST STUDENT, INC.

THIS AMENDMENT is made and entered into as of the 18th day of February, 2022 by and between Bethel School District #52 with principle offices at 4640 Barger Drive Eugene, Oregon 97402 (“District”) and First Student, Inc. with its national headquarters at 600 Vine Street, Suite 1400, Cincinnati, OH 45202 and local business offices for purposes of this Agreement located at 90518 Hwy 99, Eugene, OR 97402 (“Contractor” and, collectively, the “Parties”).

WHEREAS, the parties entered into that certain Transportation Agreement dated July 1, 2006 and as previously amended and extended to June 30, 2026 (hereinafter the “Agreement”); and

WHEREAS, the parties desire to amend the Agreement and amend certain portions thereof;

NOW, THEREFORE, the parties mutually agree as follows:

1. TERM The term of the Agreement shall remain the same, commencing and continuing through June 30, 2026; thereafter the Agreement may be extended by mutual agreement of the parties.

2. COMPENSATION Commencing July 1, 2022, new rates will go into effect as a result of increases in driver wages. The rates are set forth in Exhibit A.

3. NOTICE TO PARTIES All notices to be given by the parties to this Agreement shall be in writing and serviced by depositing same in the United States Mail, certified mail.

Notices to District shall be addressed to:

Remie Calalang Bethel School District 4640 Barger Drive Eugene, OR 97402

Notices to CONTRACTOR shall be addressed to:

Kim Worster First Student, Inc.

201 NE Park Plaza Drive Suite 246 Vancouver, WA 98684

With a copy to:

General Counsel FirstGroup America, Inc.

600 Vine Street Suite 1400 Cincinnati, OH 45202

Appendix A

Except as amended herein, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, this Agreement has been signed and executed in duplicate on behalf of the parties hereto by persons duly authorized on the day and year first written below.

FOR THE DISTRICT FOR THE COMPANY

Kim Worster Date

Remie Calalang Date Assistant Superintendent Senior Vice President, First Student, Inc.

02/18/2022 2/18/22

*Adjusted 1.5% 17.6% 2.0% 2.0% 2.0%

20/21 21/22 22/23 23/24 24/25 25/26 Regular Home-to-School

71 Passenger 50 Mile Base Rate (per route, per day) 319.61 324.40 381.49 389.12 396.90 404.84 Excess Miles Rate (per mile) 2.00 2.03 2.39 2.44 2.49 2.54

65-66 Passenger 50 Mile Base Rate (per route, per day) 319.61 324.40 381.49 389.12 396.90 404.84 Excess Miles Rate (per mile) 2.00 2.03 2.39 2.44 2.49 2.54

Non Home-to-School (Trips)

Rate Per Hour (1 hour minimum) 25.60 25.98 30.55 31.16 31.78 32.42 Excess Hour Rate (per hour) 25.60 25.98 30.55 31.16 31.78 32.42 Overnight Charge (Meals/Motels) 118.12 119.89 140.99 143.81 146.69 149.62

Activity Bus

Rate Per Hour (1 hour minimum) 25.60 25.98 30.55 31.16 31.78 32.42 Excess Hour Rate (per hour) 25.60 25.98 30.55 31.16 31.78 32.42 Overnight Charge (Meals/Motels) 118.12 119.89 140.99 143.81 146.69 149.62

Additional Services

Maintenance Rate, per hour 65.00 65.00 65.00 65.00 65.00 65.00 Parts Markup 10% 10% 10% 10% 10% 10%

Minimum Operating Days

Days less than 178 207.74 210.86 247.97 252.93 257.99 263.15

* Rates for 2022-23 are adjusted to reflect higher wages for drivers and staff. The starting wage for drivers was increased from $15.50 to $20.00/hr.

2.0% Fixed annual escalation in years 2-5 Fuel cap @ $2.00/gal

Transportation Rates

BETHEL SCHOOL DISTRICT #52

July 1, 2021 - June 30, 2026

AMENDMENT AND EXTENSION TO TRANSPORTATION AGREEMENT BETWEEN BETHEL

SCHOOL DISTRICT NO. 52 AND FIRST STUDENT, INC.

THIS AMENDMENT is made and entered into as of the 6th day of May, 2021 by and between Bethel School District #52 with principle offices at 4640 Barger Drive Eugene, Oregon 97402 (“District”) and First Student, Inc. with its national headquarters at 600 Vine Street, Suite 1400, Cincinnati, OH 45202 and local business offices for purposes of this Agreement located at 90518 Hwy 99, Eugene, OR 97402 (“Contractor” and, collectively, the “Parties”).

WHEREAS, the parties entered into that certain Transportation Agreement dated July 1, 2006 and as previously amended and extended to June 30, 2021 (hereinafter the “Agreement”); and

WHEREAS, the parties desire to further extend the term of the Agreement and amend certain portions thereof;

NOW, THEREFORE, the parties mutually agree as follows:

1. TERM. The term of the Agreement shall extend for five (5) additional years commencing and continuing through June 30, 2026; thereafter the Agreement may be extended by mutual agreement of the parties.

2. COMPENSATION Commencing July 1, 2021, the rates of compensation payable hereunder during the ensuing Contract Year shall be as set forth in Exhibit “A” and subject to the additional terms and conditions contained therein.

3. NOTICE TO PARTIES All notices to be given by the parties to this Agreement shall be in writing and serviced by depositing same in the United States Mail, certified mail.

Notices to District shall be addressed to:

Remie Calalang Bethel School District 4640 Barger Drive Eugene, OR 97402

Notices to CONTRACTOR shall be addressed to:

Kim Worster First Student, Inc.

201 NE Park Plaza Drive Suite 246 Vancouver, WA 98684

With a copy to:

General Counsel FirstGroup America, Inc.

600 Vine Street Suite 1400

Except as amended herein, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, this Agreement has been signed and executed in duplicate on behalf of the parties hereto by persons duly authorized on the day and year first written above.

FOR THE DISTRICT FOR THE COMPANY

Remie Calalang Date Kim Worster Date Human Resource Director Senior Vice President, First Student, Inc.

June 18, 2021 6/21/2021

Bethel School District #52 Transportation Rates

July 1, 2021 - June 30, 2026 Increase = 1.5% 2.0% 2.0% 2.0% 2.0%

20/21 21/22 22/23 23/24 24/25 25/26

Regular Home-to-School

71 Passenger

50 Mile Base Rate (per route, per day) 319.61 324.40 330.89 337.51 344.26 351.15

Excess Miles Rate (per mile) 2.00 2.03 2.07 2.11 2.15 2.19

65-66 Passenger

50 Mile Base Rate (per route, per day) 319.61 324.40 330.89 337.51 344.26 351.15

Excess Miles Rate (per mile) 2.00 2.03 2.07 2.11 2.15 2.19

Non Home-to-School (Trips)

Rate Per Hour (1 hour minimum) 25.60 25.98 26.50 27.03 27.57 28.12

Excess Hour Rate (per hour) 25.60 25.98 26.50 27.03 27.57 28.12

Overnight Charge (Meals/Motels) 118.12 119.89 122.29 124.74 127.23 129.77

Activity Bus

Rate Per Hour (1 hour minimum) 25.60 25.98 26.50 27.03 27.57 28.12

Excess Hour Rate (per hour) 25.60 25.98 26.50 27.03 27.57 28.12

Overnight Charge (Meals/Motels) 118.12 119.89 122.29 124.74 127.23 129.77

Additional Services

Maintenance Rate, per hour 65.00 65.00 65.00 65.00 65.00 65.00

Parts Markup 10% 10% 10% 10% 10% 10%

Minimum Operating Days

Days less than 178 207.74 210.86 215.08 219.38 223.77 228.25

2.0% Fixed annual escalation in years 2-5

Fuel cap @ $2.00/gal

20231 - Bethel 5 yr

AMENDMENT AND EXTENSION TO TRANSPORTATION AGREEMENT BETWEEN BETHEL

SCHOOL DISTRICT NO. 52 AND FIRST STUDENT, INC.

THIS AMENDMENT is made and entered into as of the 1st day of May, 2020 by and between Bethel School District #52 with principle offices at 4640 Barger Drive Eugene, Oregon 97402 (“District”) and First Student, Inc. with its national headquarters at 600 Vine Street, Suite 1400, Cincinnati, OH 45202 and local business offices for purposes of this Agreement located at 90518 Hwy 99, Eugene, OR 97402 (“Contractor” and, collectively, the “Parties”).

WHEREAS, the parties entered into that certain Transportation Agreement dated July 1, 2006 and as previously amended and extended to June 30, 2020 (hereinafter the “Agreement”); and

WHEREAS, the parties desire to further extend the term of the Agreement and amend certain portions thereof;

NOW, THEREFORE, the parties mutually agree as follows:

1. TERM. The term of the Agreement shall extend for one (1) additional year commencing and continuing through June 30, 2021; thereafter the Agreement may be extended by mutual agreement of the parties.

2. COMPENSATION Commencing July 1, 2020, the rates of compensation payable hereunder during the ensuing Contract Year shall be as set forth in Exhibit “A” and subject to the additional terms and conditions contained therein.

3. NOTICE TO PARTIES All notices to be given by the parties to this Agreement shall be in writing and serviced by depositing same in the United States Mail, certified mail.

Notices to District shall be addressed to:

Remie Calalang

Bethel School District 4640 Barger Drive

Eugene, OR 97402

Notices to CONTRACTOR shall be addressed to:

Kim Worster First Student, Inc.

201 NE Park Plaza Drive Suite 246

Vancouver, WA 98684

With a copy to:

General Counsel

FirstGroup America, Inc.

600 Vine Street

Suite 1400

Except as amended herein, all other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, this Agreement has been signed and executed in duplicate on behalf of the parties hereto by persons duly authorized on the day and year first written above.

BETHEL SCHOOL DISTRICT FIRST STUDENT, INC.

By:_ _____________ By:_______________________

Title:_HR Director______________ Title: Sr. Vice President

Increase = 2.5%

19/20 20/21

Regular Home-to-School

71 Passenger

50 Mile Base Rate (per route, per day) 311.81 319.61

Excess Miles Rate (per mile) 1.95 2.00

65-66 Passenger

50 Mile Base Rate (per route, per day) 311.81 319.61

Excess Miles Rate (per mile) 1.95 2.00

Non Home-to-School (Trips)

Rate Per Hour (1 hour minimum) 24.98 25.60

Excess Hour Rate (per hour) 24.98 25.60

Overnight Charge (Meals/Motels) 115.24 118.12

Activity Bus

Rate Per Hour (1 hour minimum) 24.98 25.60

Excess Hour Rate (per hour) 24.98 25.60

Overnight Charge (Meals/Motels) 115.24 118.12

Additional Services

Monitors, per hour 16.75

Maintenance Rate, per hour 65.00 65.00

Parts Markup 10% 10%

Minimum Operating Days

Days less than 178 202.67 207.74

Bethel School District #52 Transportation Rates July 1, 2020 - June 30, 2021

Exhibit A

Exhibit A - Rate Sheet

By:d?~;~ Betl191'S'chool District #52 Title: Director of Business Services Date: 06/30/2015

CONTRACT ADDENDUM

PARTIES:

Bethel School District #52 4640 Barger Drive Eugene, OR 97402 and

First Student, Inc.

20 I NE Park Plaza Dr, Ste. 240 Vancouver, WA 98684

Pursuant to the contract between the parties indicated above, the term of said contract is hereby extended and shall expire on June 30, 2020. All conditions and provisions of the basic contract and any subsequent addendums remain in effect with the following exceptions:

Rates All Transportation Ratesfor the 201512016 school year shall be as provided in Exhibit A.

Annual increase language is included at the bottom ofAttachment A

GPS

GPS is currently on all buses in use in the Bethel District through our Zonal' product and our company developed FOCUS program(First Onboard Utilization System)

Cameras This proposal includes equipping each bus with a Seon Digital Camera System and 2 camera heads; one in thefront ofthe bus and one in the rear ofthe bus

With Contractor having satisfactorily performed all of the obligations required of it hereunder, the Agreement may be extended for an additional period/s) given both parties agreement.

Contract addendum to the contract for "Transportation Service" between Bethel School District #52 and First Student, Inc. is hereby agreed to and approved.

. /"ZJ·

By. L YF-.£!$L:.c>( First Student, Inc.

Title: Senior Vice Pres.

Date:

Bethel School District #52 Transportation Rates

Increase Julv 1, 2015 - June 30, 2016 = 5.0%

14/15 15/16 Regular Home-to-School

71 Passenger 50 Mile Base Rate (per route, per day) 269.03 282.48 Excess Miles Rate (per mile) 1.68 1.76

65-66 Passenger 50 Mile Base Rate (per route, per day) 269.03 282.48 Excess Miles Rate (per mile) 1.68 1.76

Non Home-to-School (Trips)

Rate Per Hour (1 hour minimum) 21.55 22.63 Excess Hour Rate (per hour) 21.55 22.63 Overnight Charge (Meals/Motels) 99.43 104.40

Activity Bus

Rate Per Hour (1 hour minimum) 21.55 22.63 Excess Hour Rate (per hour) 21.55 22.63 Overnight Charge (Meals/Motels) 99.43 104.40

Minimum Operating Days

Days less than 178 174.87 183.61

2.5% Fixed annual escalation in years 2

CONTRACT ADDENDUM

PARTIES:

Bethel School District #52 4640 Barger Drive Eugene, OR 97402 and

First Student, Inc.

201 NE Park Plaza Dr, Ste. 240 Vancouver, WA 98684

Pursuant to the contract between the parties indicated above, the term of said contract is hereby extended and shall expire on June 30,2015. All conditions and provisions of the basic contract and any subsequent addendurns remain in effect with the following exceptions:

Rates - All Transportation Rates for the 2012/2013 school year shall be as provided in Exhibit A.

Each year thereafter shall be CPI as directed in the contract and are herein estimated at 2.5% on the rate attachment.

Computerized Routing The Edulog Routing software program will be installed and used to assure routing eficiency. First Student is able to make this value added offer because of a unique contract agreement that we have with Edulog. We are able to offer extensive StaSfand District training and support for the software system through our sister company First Planning Solutions. Edulog may not be in full operating condition by start of the 2012/2013 school year due to time constraints but shall be operational at some point within the 201 2/20] 3 school year.

Number of Routes This proposal assumes that the operating routes in the Bethel School District shall be reducedfiom 23 routes to a total of 17 routes. In reducing this number of routes, six (6) in total, there are some inherent changes that should be noted. The buses will have the potential for overcrowding. In some cases there will be 3 elementary students to a seat.

This may increase student misbehavior and consequently student write-ups. There will also be less flexibility to cover for a bus that is delayed returningfiom aJield trip and this may increase the length of time a student has to wait for a bus after school has been dismissed. Currently a number of un-authorized students are being transported on a space available basis. The reduction of 6 routes will signiJicantly reduce the number of those students that will be able to be accommodated.

With Contractor having satisfactorily performed all of the obligations required of it hereunder, the Agreement may be extended for an additional period(s) given both parties agreement.

Contract addendum to the contract for "Transportation Service" between Bethel School District #52 and First Student, Inc. is hereby agreed to and approved.

By: e u B i By:

Bethel School District #52 First Student, Inc.

Title: m. a Title: Senior Vice Pres.

Date: $141013- Date:

First"Student

CONTRACT ADDENDUM

PARTIES:

Bethel School District 4640 Barger Drive Eugene, OR 97402 and

First Student, Inc.

201 NE Park Plaza Dr, Ste. 240 Vancouver, WA 98684

3590 Dove Lane

Eugene, OR 97402

Tel: 541 6880454 x 10

Pursuant to the contract between the parties indicated above, the term of said contract is hereby extended and shall expire on June 30, 2012. All conditions and provisions of the basic contract and any subsequent addendums remain in effect with the following exceptions:

Compensation The rates for the 09/10 school year shall remain the same as the 08/09 rates. The contract CPI language shall apply to subsequent years.

Minimum Days The current contract rates are based on operating 178 days per year. The Contractors fixed costs are spread over those 178 operating days. Should the district elect to operate less days than 178 the District will be charged only the fixed costs for all days less than 178 operating days.

With Contractor having satisfactorily performed all of the obligations required ofit hereunder, the Agreement may be extended for an additional period (3) three years given both parties agreement. In order to extend this agreement, a request in writing by either party shall be given to the other no later than January 30, 2012.

Contract addendum to the contract for "Transportation Service" between Bethel School District and First Student, Inc. is hereby agreed to and approved.

By:?: - ~ By: Mid/-;;£) BethelSchoo~ First ent, Inc.

Title.Superintendent ~.rv~ Title: Region Vice Pres.

Date: t' Date:

A RrstGroupAmericaCompany WNW.firststudentinc.com

AGREEMENT

THIS AGREEMENT, effective the first day of July, 2006, by and between LANE COUNTY SCHOOL DISTRICT NO. 52, Lane County state of Oregon, hereinafter referred to as "DISTRICT," and Laidlaw Transit, Inc., dba Laidlaw Education Services, hereinafter referred to as "CONTRACTOR"

WITNESSETH

WHEREAS, DISTRICT has considered various alternatives for providing school bus transportation services for the DISTRICT and

WHEREAS, CONTRACTOR has submitted the lowest responsible proposal to provide said services;

NOW, THEREFORE, based on the foregoing recitals and that for and in consideration of the mutual terms, covenants and conditions herein contained, it is agreed by and between the parties hereto as follows:

1. SCOPE

a. To provide safe transportation to and from school and school-related functions.

b. To maintain orderly behavior and conduct of students on buses.

c. To provide a close working relationship between the management of the CONTRACTOR and the administration and management of the DISTRICT.

d. To provide positive public relations between the CONTRACTOR and the DISTRICT, and its patrons.

e. To provide transportation schedule that allows students minimal riding time to and from school not to exceed 60 minutes unless extended riding time beyond the 60 minutes has been approved in advance by the DISTRICT.

2. PERFORMANCE BOND

CONTRACTOR will furnish the DISTRICT a performance bond in the amount of not less than one hundred thousand dollars ($100,000.00) (renewable yearly) which will be binding upon the CONTRACTOR each year for the period of the contract. Said bond will be furnished by a surety company licensed to do business in the State of Oregon.

3. CONTRACTOR EOUIPMENT

CONTRACTOR agrees to keep all equipment used for the transportation of students in strict accordance with the State of Oregon standards for SCHOOL BUSES. Such equipment shall be maintained in good mechanical order at all times so as to pass the State School Bus Inspection. Such buses shall also be kept in a clean and sanitary condition and open to examination by the DISTRICT at all times. CONTRACTOR agrees to administer, on all buses used in AGREEdillff, an extensive preventive IIIaintendnce progIanr that will include:

a. Daily complete pre-trip bus inspections.

b. Effective process for drivers to report daily maintenance deficiencies.

c. Detailed fleet tire management program.

d. Thorough preventative maintenance program.

e. Maintenance Technician training program.

f. Withdrawing a bus from service if serious defect exists, including but not limited to, steering, brakes, primary vision, exhaust, wheels, and tires.

CONTRACTOR shall have a fleet ofadequate number and capability to guarantee service for all of the District's pupil transportation needs, including basic home to school, activities, athletics and field trips. The initial fleet will provide 23 required for home-to-school route buses, CONTRACTOR agrees to maintain on-site a minimum of six (6) spare buses, at least one (1) with luggage storage, to be utilized when activity trips conflict with the regular home-to-school transportation hours. CONTRACTOR will provide equipment that is comparable in size and configuration to the present equipment being use to provide service to the DISTRICT as seen below. CONTRACTOR further assures DISTRICT that it will have an adequate number ofbuses to fulfill its obligations for activity and athletic trips or any other usage needed by the DISTRICT. Equipment will be added as needed to meet increasing needs.

CONTRACTOR shall provide one vehicle for use by the on-site manager to be used for checking roads, emergency student transportation, etc.

By August 25 of each year of the agreement, upon request by the DISTRICT, the CONTRACTOR shall provide information concerning the buses to be provided under this contract, including the year, make, capacity, and specifications. The DISTRICT reserves the right to inspect, approve, or reject any vehicle. During the term of the agreement, average age of all Type A-I and/or A-II gas or diesel buses and all conventional gas buses shall not exceed ten (10) years, conventional diesel buses shall not exceed twelve (12) years and transit diesel buses shall not exceed eight (15) years.

During the entire term of the agreement no bus including spares used to transport students shall be older than the following:

Type-A-I and A-II more than 12,000 annual miles per bus 8- years Type A-I and 1-2 less than 12,000 annual miles per bus 10-years Type B 10-years Type C Gas Conventional 10-years Type C Diesel Conventional 12-years Type D Diesel Transit 15-years

CONTRACTOR agrees its standby or sub buses shall be equipped to respond within a reasonable time to on-route breakdowns, reasonable response is defined by a delay of no greater than thirty (30) minutes in the event of mechanical breakdown. CONTRACTOR agrees to also have on-site personnel able to react within this time frame in case of an incident rcquirilig itlililcdiatc allultioli 01 a suioas accidcllt.

CONTRACTOR agrees to equip all regular route buses with an audio/video camera system designed specifically for use in school buses. System shall be designed so as provide for a minimum of five (5) rotating video camera's in operation during routes. A maximum ratio of six (6) busses to each camera will be maintained as addition busses are added to fleet. In addition one (1) extra camera is to be available for use on designated route buses and on activity/trip buses as conditions warrant.

All regular route, activity, and spare buses will be equipped, at the beginning of the contract period, with 2-way communications radios capable of communicating both bus-to-bus and bus-to-office throughout the DISTRICT boundary. The DISTRICT will take any additional areas of coverage provided by communications radios into consideration during the evaluation of CONTRACTOR.

REQUIRED MODIFICAnON OF BUSES: Any installation of modification of equipment required by a change in law or regulation shall be the responsibility of the CONTRACTOR.

Any installation or modification of equipment required by the DISTRICT after CONTRACT start date, over and above law or regulation shall be done by the CONTRACTOR, with reimbursement to be made by the DISTRICT at a prior approved cost. If Federal or State money is available to make modification the DISTRICT will work with the CONTRACTOR to pass through any funds tided to these modifications.

4. PREVENTATIVE MAINTENANCE AND MECHANIC IN-SERVICE

PROGRAM.

The CONTRACTOR shall administer a superior preventative maintenance program, which shall meet or exceed the requirements of the Oregon Department of Education, Pupil Transportation. The CONTRACTOR'S preventative maintenance program shall be presented to DISTRICT as a part of this Agreement and CONTRACTOR'S oil recycling program including percent of recycled oil content used in lubricating oil and industrial oil (ORS 279.590). Along with a description of how you ensure that each vehicle actually receives the required maintenance within the scheduled interval.

5. ROUTES & SCHEDULES

The CONTRACTOR shall follow DISTRICT'S established policies and procedures regarding student transportation including but not limited to school commencement and dismissal time, bus arrivals and departure times, walking distance to schools, established bus stops, and current route descriptions. Student population has been increasing at one (I) to two (2) percent each year with this trend forecasted to continue.

Student transportation requirements may vary throughout the school year, resulting in adding or deleting buses, and combining or splitting routes. Any and all route changes shall be pre-approved by the DISTRICT. CONTRACTOR bus drivers are not to modify the established DISTRICT approved bus routes without DISTRICT approval. If the DISTRICT increases or reduces the number of buses required to service the routes or reduces the route times, the compensation to the CONTRACTOR will be adjusted. The DISTRICT reserves the right to revise or change any and all routes and the number ofbuses required to best suit its needs at any time before or during the school year.

As a part of this proposal process DISTRICT will not accept alternate routing proposals.

The DISTRICT considers routing to be of paramount importance from the points of view of public relations, safety, and cost effectiveness. CONTRACTOR agrees to schedule all routes, for contract purposes, with the approval of the DISTRICT in keeping with these requirements and District Transportation Policies. Should the CONTRACTOR become aware of any conditions considered to be unsafe, it shall be incumbent upon the CONTRACTOR to notify the DISTRICT within a reasonable time.

All bus routes, Regular Home-To-School, Special Education or any other routes that may be developed by the DISTRICT or the CONTRACTOR for the DISTRICT are and will remain the sole property of the DISTRICT.

In the designation and selection of routes CONTRACTOR agrees to be limited to operation of equipment on highways, roads and streets that are owned and maintained by the State of Oregon or any of the various cities, towns, or counties located in the district. However, where the safety of children is involved, the DISTRICT, at its option, may specify that CONTRACTOR agree to operate over private roads, conditioned upon the obtaining of permission from the affected property owners.

During inclement weather, the DISTRICT will have the sole responsibility of altering bus routes or canceling bus service for that day, in which event there would be no payment to CONTRACTOR for such days. To ensure that the DISTRICT is able to make a sound decision pertaining to the cancellation or alteration of bus routes the CONTRACTOR is required to travel and inspect designated roads during inclement weather and consult with the DISTRICT representative regarding road conditions prior to 5:30 A.M. The DISTRICT will not be responsible for any charges for transportation on said days. Should bus service be required, CONTRACTOR agrees that it will abide by the decision of the DISTRICT, should it decide to close school early, for any reason, including inclement weather. The

CONTRACTOR shall provide school to home transportation within one hour of notification. During the fall of each year, CONTRACTOR shall meet with the DISTRICT to determine any changes in routes that should be made during inclement weather so that the children and their parents may be notified in advance of such weather occurring.

CONTRACTOR shall provide each student in the DISTRICT with a copy of the snow or inclement weather routes no later that November 1st of each school year. CONTRACTOR shall provide all appropriate equipment (chains, traction devices, and snow tires) and trained personnel to operate under such conditions.

CONTRACTOR agrees to schedule all routes, for contract purpose, with the approval of the DISTRICT in keeping with safety requirements and District Transportation Policies.

CONTRACTOR: lliusl dclivCI tire students to the DISTRiCT' schools witlritr a rcasmrable time prior to the opening of the various schools, and return them to their respective stops within a reasonable time after the close of the school day. It is the DISTRICT'S goal to establish a maximum riding time for students of 60 minutes per trip; exceptions will require DISTRICT'S approval.

6. CONTRACTORPERSONNEL

CONTRACTOR agrees to supply a primary driver to each route bus. The driver shall perform all ordinary and usual requirements of the position of school bus driver, and other necessary tasks to meet the standards of service and performance under the terms of this agreement, fully complying with all State and DISTRICT laws and regulations. It is essential to the DISTRICT that the CONTRACTOR be able to attract and retain qualified drivers as long as possible.

The DISTRICT strongly believes that management positions are critical to the provision of consistent and high quality transportation services. The DISTRICT expects the on-site Transportation Manager to be a visible, participating member of our community, and to enhance the reputation of the DISTRICT. CONTRACTOR agrees to employ an on-site full time manager (no less than 260 day) to adequately support the direction of the fleet, and specifically assigned to operate home-to-school and activity buses in the DISTRICT. It shall be the responsibility of the manager to implement the policies, rules, and regulations of the DISTRICT as directed by the DISTRICT'S representative. CONTRACTOR agrees to supply as a part of this Agreement, a resume for the person holding this important position.

The DISTRICT shall have the right offmal approval of the placement of the onsite manager and to require removal of any management person who has not performed to the satisfaction of the DISTRICT. If a management person is removed CONTRACTOR may continue employment of said employee at a different District.

CONTRACTOR agrees to provide a full time (no less than 260 day) Dispatcher, other than the Transportation Manager. Dispatcher shall communicate with DISTRICT personnel, parents and drivers so as to coordinate the safe and uninterrupted flow of transportation services. CONTRACTOR agrees to supply as a part of this Agreement, a resume for the person holding this important position.

CONTRACTOR agrees to designate a safety and discipline officer, acceptable to the DISTRICT, who shall work with students, drivers, school personnel, and parents.

CONTRACTOR also agrees to supply as a part ofthis Agreement, a resume for the person holding this important position. The safety and discipline officer may be the on-site Transportation Manager.

Students shall be transported to and from school regularly, promptly, safely, and without interruption or incident and that the interests ofthe children in such transportation shall take precedence over the interests of either the CONTRACTOR and its drivers or the DIS'fRlC'f. It is Iecognized UraL Lire priulary obligation of the CrnffRAC'fOR: is to operate its affairs so DISTRICT is assured of continuous and reliable service. For the protection of the children, drivers and other persons coming in contact with children must be of stable personality and of the highest moral character. The DISTRICT places responsibility upon CONTRACTOR, and CONTRACTOR agrees, that it will not allow any person to drive a school bus whose moral character is not of the highest level, or whose conduct might in any way expose any child to any impropriety of word or conduct whatsoever, nor shall CONTRACTOR allow any person to drive a school bus who is not at the time in a condition ofmental or emotional stability.

The responsibility for hiring and discharging personnel shall rest entirely upon the CONTRACTOR and the CONTRACTOR agrees that it shall enter into no AGREEMENT or arrangement with any employee, person, group, or organization, which will in any way interfere with its ability to comply with this requirement.

Notwithstanding the provisions of subparagraph above, the DISTRICT shall have the right to require removal from the CONTRACTOR'S employment at DISTRICT any person or driver who in the DISTRICT'S opinion is not qualified to operate a school bus. If a person is removed Contractor may continue employment of said employee at a different District.

CONTRACTOR shall develop a procedure, as a part of this Agreement, to report all cases of student misbehavior on buses to the district's respective building principal. All disciplinary matters will be handled in strict accordance with the DISTRICT policy, including any acts of vandalism to the buses. It is the DISTRICT policy that successful CONTRACTOR accepts responsibility for issuing and following through with the entire process related to studentlbus misconduct citations and other transportation related disciplinary actions. In no case will a driver eject a student from a bus for misbehavior, unless the student is endangering the safety of other students, or such action has received prior approval from the DISTRICT.

CONTRACTOR agrees to permit school buses to be operated only by trained and competent drivers who hold valid, proper, and appropriate Commercial Drivers License (C.D.L.) and school bus driver's license issued by the State ofOregon.

Upon request from the DISTRICT, CONTRACTOR agrees to make written reports within

24 hours of any accident having $500.00 or more in damages, or an injury is sustained, involving a school bus while operating for the DISTRICT.

To provide maximum benefit to the DISTRICT and its patrons, the drivers employed should have a commonality of interest in the community and should be employed, whenever possible, from the local Eugene area. The DISTRICT is dedicated to its community role as a customer service organization. DISTRICT patrons must find positive responsiveness in their contact with the CONTRACTOR and all of its personnel.

CONTRACTOR shall comply with (ORS 656.017) and provide the required Workers' compensation coverage, unless such employers are exempt under (ORS 656.126).

COfffRACrOR shall ensme that eac1t ifils sabcOllltactois crouply wiLir theserequitentents.

(ORS 279.320(2). CONTRACTOR shall promptly, as due make payment to any person, co partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to the employees of such CONTRACTOR of all sums which the contractor agrees to pay for such services and all moneys and sums which the CONTRACTOR collected or deducted form the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such services.(ORS 279.320). CONTRACTOR shall be required to compensate employees at least time and a halfpay for work performed on the legal holidays specified in collective bargaining agreement or if there is no collective bargaining agreement then as specified in (ORS 279.334 (1) (a) (C) (ii) to (vii)) and for all time worked in excess of 10 hours a day or in excess of 40 hours in a week, whichever is greater (ORS 279.316). This time and a half pay does not apply to lead persons, security personnel and timekeepers paid on monthly rate (ORS 279.338). CONTRACTOR shall provide details regarding all benefits paid to employees, i.e. (401) K Retirement Plan, Health Insurance, Vacation, Sick Leave, Family Leave, etc.

CONTRACTOR shall provide a detailed staffing plan that is appropriate, efficient and effective for the DISTRICT'S pupil transportation operation.

As a part of this Agreement, CONTRACTOR shall provide proof of having in place a program for mandatory drug testing/screening for all new hires, mandatory post accident drug testing, and random testing of all employees, including providing the DISTRICT with the name and address of the CONTRACTOR'S Medical Review Officer (MRO).

Pursuant to OAR 541-53-006, CONTRACTOR agrees to submit the names of all applicants to the Oregon Department of Education for the purpose of reviewing applicants driving record and criminal record.

Pursuant to ORS 181.537 and in compliance with ODE Memorandum No. 34-1996-97, successful CONTRACTOR shall require all of its employees, who may in anyway come in contact with DISTRICT students, to submit to an OSPIFBI approved fingerprint-based criminal history record check.

7. COMPLIANCE WITH LAWS

During the entire contract term, CONTRACTOR agrees to comply in every respect with all laws, rules, and regulations of the State of Oregon affecting or regulating the transportation of school children including but not limited to the Motor Vehicle Code and the rules promulgated by the State Department of Education. The CONTRACTOR certifies compliance with all applicable federal and state statues and administrative rules that govern companies entering into contractual agreements with public school districts.

CONTRACTOR certifies that CONTRACTOR has not discriminated against Minority, Women or Emerging Small Business Enterprises in obtaining any required subcontracts.

If the COMTItACTOIt fails, neglects 01 refuses to nnrke pIOlltpL payllIeUl of aIiY claill} for labor or services furnished to the CONTRACTOR or a subcontractor by any person in connection with the public contract as such claim becomes due, the proper officer or officer representing the DISTRICT may pay such claim to the person furnishing the labor or service and charge the amount of the payment against funds due or to become due to the CONTRACTOR by reason of such contract. (ORS 279.314)

8. TAXES

The DISTRICT is tax-exempt and any tax liability that might be incurred by the CONTRACTOR for personal property is the responsibility of the CONTRACTOR.

9. POLICIES

The DISTRICT shall have the exclusive right and obligation to set standards or policies regarding pupil transportation in general and in particular as to the beginning and ending times, railroad crossings, current route descriptions, and all other pertinent policies relating to transportation.

10. PUBLIC RELATIONS

CONTRACTOR agrees to cooperate with the DISTRICT and maintain a good public relations program with the community and news media so that any pertinent items affecting the transportation program or the patrons of the DISTRICT can be brought to the attention of the public. CONTRACTOR will be responsible for answering all inquiries from the public as to bus routes, location ofbus stops, and schedules.

CONTRACTOR shall furnish, as part of this proposal, information detailing past performance and present policies regarding public relations.

CONTRACTOR shall describe the ways in which their company has been involved in the communities they serve.

11. ANNUAL PRESENTATION

CONTRACTOR shall be available to make a presentation annually to DISTRICT designated personnel and/or the DISTRICT School Board summarizing the prior year's activities, latest developments within the field of pupil transportation, the CONTRACTOR'S company, other items of interest to the DISTRICT and plans for the year ahead. The date for the presentation will be selected by the DISTRICT with a minimum of 30 days notice to the CONTRACTOR.

12. SAFETY INSTRUCTION

CONTRACTOR shall be available to make bus safety presentation to classes of students within the DISTRICT as advised and directed by the DISTRICT. These presentations will be in addition to the Emergency Evacuation Drill sessions required by the State of Oregon.

In addition assemblies and large group presentations will be presented as requested by individual principals. CONTRACTOR must make a bus safety presentation to each class of students within the DISTRICT on a once per school year basis.

CONTRACTOR agrees to administer a satisfactory safety program, which is subject to the DISTRICT'S approval. CONTRACTOR'S safety program shall be submitted with this proposal so that the DISTRICT might examine, in all details, the CONTRACTOR'S procedures with regard to this very important factor in operating school buses.

13. REPORTS

The CONTRACTOR agrees to furnish the DISTRICT information necessary for the DISTRICT to make transportation reports as needed and/or required to the State of Oregon.

CONTRACTOR agrees to make other special reports, studies, and surveys regarding pupil transportation as are reasonably necessary to the DISTRICT.

14. ASSIGNMENT OF CONTRACT

If the DISTRICT'S transportation should be unified or consolidated with that of another school district(s) in the future, then any agreement between the DISTRICT and the successful CONTRACTOR shall be transferred or extended to or with such a district(s) for such term as deemed appropriate by the Board ofEducation.

The CONTRACTOR shall not assign, sell, dispose of or transfer rights or delegate duties through the contract either in whole or in part without the DISTRICT'S prior written consent. Unless otherwise decreed by the DISTRICT in writing, such consent shall not relieve the CONTRACTOR of any obligations under the contract. Any assignee or transferee shall be considered the agent of the CONTRACTOR and shall be bound to abide by all provisions of the contract. If the district consents in writing to an assignment, sale, disposal or transfer of the CONTRACTOR'S rights or delegations of CONTACTOR'S duties, the CONTRACTOR and its surety, shall remain liable to the DISTRICT for complete performance of the contract as if no such assignment, sale, disposal, transfer or delegation had occurred unless the DISTRICT otherwise agrees in writing.

15. TEItImNATION OR: SVSI'ENSION OF CONTR:ACTOR: SER:VICES

The DISTRICT may terminate this Agreement immediately in the event that the DISTRICT'S board or superintendent reasonably concludes that due to CONTRACTOR'S performance required of it under this Agreement that the health, safety or welfare ofthe DISTRICT'S pupils is endangered so as to necessitate immediate termination. Termination under this provision shall be effective upon written notice by DISTRICT to CONTRACTOR by either delivery of written notice of such termination to CONTRACTOR'S local office or facility; or upon mailing a written notice by both regular mail and certified mail return receipt requested to the address provided by CONTRACTOR to DISTRICT for the purposes of delivering notices under the Agreement.

DISTRICT may terminate this Agreement with CONTRACTOR by giving 180 days written notice of termination to CONTRACTOR. Said notice to be delivered by either delivery of written notice of such termination to CONTRACTOR'S local office or facility; or upon mailing a written notice by both regular mail and certified mail return receipt requested to the address provided by CONTRACTOR to DISTRICT for the purposes of delivering notices under this Agreement.

DISTRICT may terminate this Agreement if DISTRICT gives written notice to CONTRACTOR of its intent to terminate this Agreement if CONTRACTOR is in default under the Agreement for any of the reasons set forth below in this section and CONTRACTOR should fail within 60 days after receiving such notice from the DISTRICT to remedy said default set forth in the notice from DISTRICT. The following events shall be a default by CONTRACTOR and shall be subject to this 60 day notice requirement:

a. Should CONTRACTOR be or become insolvent.

b. Should CONTRACTOR make a general assignment for the benefit of creditors.

c. Should CONTRACTOR file for protection under the bankruptcy laws of the United States.

d. Should CONTRACTOR repeatedly refuse or fail to supply sufficient properly qualified drivers or buses to perform the transportation services requirements for the DISTRICT as set forth in this Agreement.

e. Should CONTRACTOR regularly fail to perform the transportation services required under this Agreement in compliance with the required time schedule.

f. Should CONTRACTOR regularly fail to comply with DISTRICT transportation policies.

g. Should CONTRACTOR willfully disregard laws, ordinances, governmental rules or regulations or should repeatedly disregard the instructions of the DISTRICT which are consistent with this Agreement.

It. Should C01~'fltAC'fOR connnit any oLher lIIaletial breach of this Agreement.

16. SEVERABILITY

Should any provision of an agreement between the DISTRICT and the CONTRACTOR or the application thereof, be held invalid or unenforceable, the remainder of an agreement and the application thereof, other than those provision(s) as to which it shall have been held invalid or unenforceable, shall not be affected thereby and shall continue valid and enforceable to the fullest extent permitted by law or equity.

17. ARBITRATION

CONTRACTOR agrees that any disagreement regarding the interpretation, meaning, or effect of any provision of this Agreement shall be settled by arbitration if so requested by either party in writing. In the case of such a written request, the Parties agree that within sixty (60) days binding arbitration will be entered into, with each party having selected an arbitrator, and the parties together having selected a third. The decision of the majority of the arbitrators shall be binding upon each of the parties hereto. The cost of the arbitrator shall be shared equally between the parties.

18. INSURANCE

CONTRACTOR shall provide copies without omission or gaps of actual insurance policies cover pages "or similar document" covering workers' compensation, commercial general liability, automobile liability, umbrella excess…