APPENDIX B

NON-COLLUSION STATEMENT

The undersigned hereby declares that this Bid is made without any connection with any other person or person making any Bid for the same items or services, that it is in all respects fair and without collusion or fraud and that no person acting for or employed by the Board is directly or indirectly interested in the Bid or in the services to which it relates, or in any portion of the profits therefrom.

Company Name

Signed: _________________________

By: _______________________________ Name Title Street City/State Zip Date

STATE OF CONNECTICUT:

: ss

COUNTY OF :

Subscribed and Sworn to before me on this _____ day of __________ 202_.

Notary Public

SG-23228118v2

SCHEDULE 1

FORM OF CONTRACT

FORM OF TRANSPORTATION SERVICES AGREEMENT

This TRANSPORTATION SERVICES AGREEMENT (hereinafter, the “Agreement”) is made as of July 1, 2026, and entered into by and between the ROCKY HILL BOARD OF EDUCATION, (hereinafter, the “Board”) and ______________________., which has local offices located at _____________________ (hereinafter, the “Contractor”). The Board and the Contractor may be referred to individually as a “Party” and collectively as the “Parties.”

W I T N E S S E T H:

WHEREAS, the Board is desirous of entering into a contract with the Contractor to provide for the transportation of Students (as defined herein) to and from the schools operated by the Rocky Hill Public Schools (the “District”) or otherwise designated by the Board or the District for a term of three (3) years, commencing on July 1, 2026 and terminating on June 30, 2029, unless terminated sooner as provided for herein, with authority for the Board to elect the continuation of the Term (as defined below) for an additional two (2) year period, commencing on July 1, 2029 and continuing through June 30, 2031; and

WHEREAS, the Board issued that certain Request for Proposal for transportation services (the “RFP”) and the Contractor submitted a formal response to the RFP (the “Contractor’s Bid”)(Both the RFP and the Contractor’s Bid are attached as Exhibit A); and

WHEREAS, the Board voted to authorize the Superintendent of the District (the “Superintendent”) or designee to negotiate an agreement with the Contractor in accordance with that certain RFP and the Contractor’s response to said RFP; and

WHEREAS, the Contractor is willing, capable, and ready to furnish the regular and special education transportation services requested by the Board.

NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the sufficiency of which is acknowledged, the Parties agree as follows:

1. GENERAL TERMS

1.1 The term of this Agreement shall continue for a term of three (3) years, commencing on July 1, 2026 and terminating on June 30, 2029 (the “Term”), unless terminated early in accordance with the terms of this Agreement. The Board shall have the option to elect the continuation of the Term (as defined below) for an additional two (2) year period, commencing on July 1, 2029 and continuing through June 30, 2031. To exercise this option, the Board shall notify the Contractor of such election on or by April 1, 2029.

1.2 The Contractor agrees that it shall transport to and from the schools in the District and other institutions as designated by the Board such resident children as may be designated by the Board (the “Students”), and at such locations, days, times and hours as designated by the Board, each of which may change from time-to-time, with prior written notice to the Contractor, and shall make such stops and travel along such routes as are designated by the Board, including, but not limited to, transportation relating to public home-to-school, certain identified in-District and out-of-District special education routes, pre-school, summer (extended school year) and Special Trips (as defined herein), and transportation of certain Students residing in the Town of Rocky Hill (the “Town) (collectively, “Transportation Services”). The Contractor specifically represents that it shall not refuse any request by the Board for Transportation Services, including any request for special education transportation services. Should the Contractor have particularized concerns about safety with regard to any requested service, the Parties agree to collaborate in good faith to promote the safety of all individuals on a Vehicle (as defined herein), but in no case may the Contractor refuse a request for services within the scope of this Agreement. The Parties hereby agree and understand that the Contractor does not have the exclusive right to provide special education routes or Special Trips.

1.3 The Board agrees to pay, subject to the terms and conditions of this Agreement, the Contractor the compensation set forth in Exhibit B, provided that the Transportation Services are furnished in accordance with this Agreement. The Parties agree that no other payments shall be made to the Contractor who shall furnish all of the Vehicles, Vehicle Operators (as defined herein), labor, materials, equipment, permits and licenses and other facilities necessary to provide the transportation and service required, including the staff and other services necessary for the proper performance of the Contractor's duties. The Board may withhold payments for services when the Board determines, in its sole discretion, that such services do not meet the requirements of this Agreement. Payments for such services shall not be made until the Contractor has made corrections which are acceptable to the Board, provided, however, that the District shall pay all undisputed amounts due to the Contractor pursuant to Section 6 of this Agreement.

1.4 The Contractors shall procure all applicable permits, licenses, and approval necessary for the performance of the Transportation Services under this Agreement.

2. VEHICLES.

2.1 The Contractor agrees to the following conditions regarding buses and any other vehicles used to perform the Transportation Services, including Type I vehicles, Type II vehicles, Type II vehicles with wheelchairs, vans (7 passengers)/sedans (3 passenger) any and all “spare” vehicles (collectively, the “Vehicles”):

2.1.1 The Parties acknowledge that the Board’s transportation needs shall vary during the Term. Vehicles shall be furnished in such number as deemed necessary by the Board for the transportation of Students, except as otherwise provided in this Agreement. The Contractor shall have additional Vehicles available for Special Trips, as requested by the Board. In addition to the aforementioned Vehicles required for Special Trips, at all times during the Term, the Contractor shall have available spare Vehicles in a minimum amount equal to ten percent (10%) of the active fleet by Vehicle type, without additional charge to the Board. Under no circumstances will buses be shared by other towns, unless the Superintendent has given prior written approval.

2.1.2 All Vehicles and other equipment utilized in providing Transportation Services, shall be constructed, equipped, operated, and maintained in compliance with all laws, rules, regulations and policies of federal, state, and local governments pertaining to school transportation Vehicles and applicable Board policies. It shall be the sole responsibility of the Contractor to ensure that all personnel employed are familiar with, and follow, all of the applicable laws, rules, regulations and policies.

2.1.3 Unless otherwise authorized by the Board, all Vehicles used hereunder must be stored, registered and taxed in the Town and shall be stored at a location approved by the Board (which may be referred to herein as the “terminal”).

Unless otherwise authorized by the Board, the Contractor shall service the Vehicles in the Town. The Board will neither reimburse the Contractor for operating time, nor provide fuel, for any deadhead travel outside of the Town for storage, maintenance or repairs. All Vehicles shall be parked in the terminal when not in use for the Transportation Services.

2.1.4 The Contractor shall assume full responsibility for all repairs to Vehicles caused by vandalism. The Board will cooperate with the Contractor in investigations to identify the vandals.

2.1.5 The Contractor shall provide the Board, by the first week of August prior to the start of each school year, and updated as necessary, a list that contains descriptions of each of the Vehicles to be used by the Contractor in the performance of the Transportation Services, including, the year of manufacture, make of the chassis, make of the body, seating capacity, and V.I.N. number.

There shall be no substitution of Vehicles used in the Transportation Services without permission of the District, with the exception of Vehicles used in an emergency breakdown for required maintenance and then only for a period of time not exceeding ten (10) consecutive days. The Contractor shall provide any other information regarding the Vehicles requested by the Board.

2.1.6 All Vehicles are to be numbered by the Contractor as designated by the Board, and such numbers are to be clearly visible on the outside of the Vehicle. All Vehicles shall be marked on both sides “Rocky Hill Public Schools” in lettering of a size and style conforming to the requirements of the State Department of Motor Vehicles, unless otherwise agreed to by the

Board in writing.

2.1.7 All Vehicles used to provide the Transportation Services shall be no more than eight (8) years old at any time during any contract year.

2.1.8 The Parties acknowledge that the Transportation Services shall vary during the Term. If, during the Term, there is a sufficient increase or decrease in the number of Students who require additional or fewer Vehicles and/or Vehicle Operators, the Superintendent, with the approval of the Board, shall request, and the Contractor shall supply, the necessary Vehicles and Vehicle Operators.

2.1.9 All Vehicles must be maintained so as to ensure proper starting, good visibility and safe operation during all types of weather. The Contractor must display a copy of the most recent State Motor Vehicle Inspection for each Vehicle.

2.1.10 The Contractor or its agent shall inspect all Vehicles daily before the first run in the morning. This checklist shall be a maintained, written record and shall be promptly provided to the Board upon its request. The inspection shall include, but not be limited to, checking the brakes, lights, tires, oil, gas, radiators, heaters, and all other safety equipment on the Vehicle. Snow accumulation shall be removed from all Vehicles prior to any run. Records of the inspection shall be kept on a check-off list prepared by the Contractor and approved by the Board.

2.1.11 A schedule for servicing Vehicles shall be maintained and shall include: oil, grease, tires, battery, brakes and all safety equipment. A copy of the service schedule form shall be promptly furnished to the Board upon request.

2.1.12 The Contractor is required to perform appropriate and necessary maintenance on all Vehicles used to provide the Transportation Services in accordance with this Agreement.

2.1.13 The interior and exterior of all Vehicles and equipment utilized in the provisions of the Transportation Services must be kept clean and in good repair and working order, as reasonably determined by the District. The interior of all Vehicles must be kept at comfortable temperatures while transporting Students. No Vehicles shall be used to provide Transportation Services for special education Students unless it has operational air conditioning.

2.1.14 Any and all Vehicles shall be made available for inspection by the District or its designee upon request.

2.1.15 Each Vehicle must be equipped with a two-way radio or comparable communication devices (e.g., cellular phones).

2.1.16 The Contractor shall grant access to a parental bus tracking application and the District Dashboard.

2.1.17 All Vehicles use on the provision of the Transportation Services shall be equipped with digital video systems equipped with both audio capture feature and hard drive retention in accordance with the requirements herein.

Specifically, all Type I Vehicles used in the performance of this Agreement must be equipped with at least two (2) video cameras which shall be placed at locations inside/outside of the Vehicle as directed by the Board, all Type II Vehicles used in the performance of this Agreement must be equipped with at least two (2) video cameras which shall be placed at locations inside/outside of the Vehicle as directed by the Board, and all van or sedan Vehicles used in the performance of this Agreement must be equipped with at least one (1) video cameras which shall be placed at locations inside/outside of the Vehicle as directed by the Board. The Contractor shall ensure that video cameras with audio capture feature are operational on each Vehicle used by the Contractor to provide Transportation Services in accordance with this Agreement. All cameras must be placed in locations approved by the Board, with camera coverage set to record entryway, driver, and front, middle and rear seats. The Contractor shall implement a camera maintenance program to ensure that cameras are operational and functioning properly, including video and audio recording, at all times. To avoid any doubt, the mandate to have operational cameras in all Vehicles is fundamental to the Contractor’s performance and any failure to have operational cameras shall be considered a material breach of this Agreement.

2.1.18 The Contractor shall provide the Board with camera output as soon as practicable after a request is made for the same, but in any event within twenty-four (24) hours of said request. Such video output shall be made available in a standard format that can be viewed by the Board, or if not in a standard format, the Contractor shall provide the Board access to the Contractor’s viewing software. The Contractor shall ensure the data from such cameras is stored in a secure manner and shall retain camera output for a minimum of thirty (30) calendar days or such longer periods as reasonably requested by the Board. All camera use, video viewing, cameras and hard drives shall be used in accordance with the policies and procedures as established by the Board and any local, state or federal guidelines. All video imagery and audio recordings are the sole property of the District. Signage shall be placed in each Vehicle to indicate that Students are being recorded.

2.1.19 The Contractor shall ensure that each Vehicle used by the Contractor to provide Transportation Services in accordance with this Agreement is equipped with a global positioning system (“GPS”). The GPS system shall be subject to approval by the District. The Contractor-supplied routing software shall have the ability to integrate with the GPS system.

2.1.20 All Vehicles must be equipped with a "Child Check Mate System" or equivalent, as approved by the Board, to ensure that no child remains on a Vehicle at the end of each route.

2.1.21 The Board shall have the right to inspect in any reasonable manner, including riding the Vehicles as a passenger, any and all Vehicles or equipment and their operation.

2.1.22 The Board may, with written notice, require the Contractor to discontinue the use of any Vehicle which it deems to be hazardous, mechanically defective or subject to frequent breakdown or delays. The Contractor shall immediately replace such Vehicle with one that can fulfill the requirements of this Agreement.

2.1.23 The Contractor shall provide Vehicles without any additional charge or cost to all schools a minimum of two times a year for bus safety drills, including instruction in emergency evacuation, in a manner approved by the Board.

2.1.24 No Vehicles shall display, either inside or outside of the Vehicle, any advertisement without the prior written authorization of the Superintendent.

2.1.25 No person shall be allowed to ride any Vehicle unless so authorized in advance by the District, which such approval shall be granted in its sole and absolute discretion.

2.1.26 Contractor shall supply at its own cost seat belts, child restraint seats, harnesses or other suitable restraints and wheelchair lifts to meet the needs of each Student on Type II Vehicles and vans/sedans.

2.1.27 Should applicable law require child restraints for all Students being provided services under the Agreement, the Parties shall negotiate in good faith to provide for alternate pricing. It shall be the Contractor's responsibility to provide compliant restraints. In addition, if the District or any governmental agency, state, federal or local law required or imposes additional equipment requirements on any of the Vehicles during the Term (including, but not limited to, new technology or equipment relating to safety or emissions standard(s)), which are specific requirements for continued operation of the Vehicles, the Contractor and the District shall negotiate in good faith to provide for alternate pricing, which such pricing shall be incorporated into the following school year’s budget.

2.2 The Contractor shall provide Transportation Services for early dismissals or late openings of any and all schools to which Students are transported under this Agreement. Whenever (a) inclement weather or impassibility of roads occurs, (b) school is canceled or delayed for any reason, including, but not limited to, facilities issues or illness, (c) the school day is scheduled for other than regular start or end times, or (d) school is dismissed early for any reason, the Board shall provide reasonable notice to the Contractor of such cancellation or delay or early dismissal in time for the Contractor to adequately notify its workforce of such change. The District shall compensate the Contractor the full scheduled daily rate for days when the District fails to provide such adequate notice to the Contractor, provided, however, this provision only applies to closures that do not decrease the total number of transportation days for Students. If the District suspends service for any reason, including, but not limited to, a Force Majeure Event as defined in this Agreement, and such suspension alters the total number of student transportation days set out in Section 1.1, the District shall compensate Contractor for all fixed costs and profit associated with Contractor’s performance of this Agreement from the first suspended/cancelled day through the end of the cancellation/suspension period. For purposes of this Agreement, fixed costs include but are not limited to costs associated with maintaining average employee wages and benefits, overall management and administration costs, facilities cost, fleet investment, maintenance, technology, insurance, and other ongoing operations costs.

It is recognized that the District shall have sole responsibility for altering bus schedules or canceling bus service for any given day. If Transportation Services are required during inclement weather, the Contractor agrees to abide by the decision of the District and will run routes as normally as possible in light of the then-prevailing inclement weather and road conditions. Notwithstanding anything contained herein to the contrary, in the event of circumstances in the operation of any school which necessitate early dismissal for Student health or safety reasons, the Contractor and the Board shall cooperate to facilitate orderly transportation of Students in the most efficient manner possible in light of the circumstances presented.

3. PERSONNEL.

3.1 All personnel providing services in accordance with this Agreement shall be the responsibility of the Contractor and shall be the Contractor’s employees, unless expressly indicated herein. All such personnel shall meet all legal and regulatory requirements for holding their respective positions, and shall in all respects be in compliance with all requirements of law, ordinance or regulation of the Department of Motor Vehicles. Contractor shall provide qualified, reliable and capable personnel to support the delivery of the Transportation Services.

3.1.1 The Contractor agrees to perform the Transportation Services under the direction of a full-time trained and qualified Terminal Manager, who shall be in the employ of the Contractor, and who shall be stationed at the terminal servicing the District and must be assigned as a full-time position for the District’s transportation program. The Terminal Manager will be directly responsible for handling and resolving inquiries from parents, routing issues, service complaints and other day-to-day interactions with Students and their parents or guardians, provided, however, that all such parent/guardian contacts are authorized by officials of the District. The Terminal Manager also shall be responsible for compliance by Vehicle Operators and aides with all Board transportation-related policies and legal requirements, and provide all studies and reports required by the District, including those items necessary to comply with federal and/or state requirements and monthly reports on Student loans, Vehicle Operators, and Student discipline problems and accident reports. Said Terminal Manager shall arrange with the District to be available during all hours that Transportation Services are being performed, prior to the beginning of each day’s hours of service, and for meetings with representatives of the District.

The Terminal Manager shall be available by phone two (2.0) hours prior to the first morning run for emergency contacts from the District. The Terminal Manager is required to meet all federal and state regulations and training requirements. The Terminal Manager is precluded from any Vehicle Operator duties, serving as an aide, and/or Vehicle maintenance functions, unless authorized by the District. Should the Terminal Manager be authorized by the District to cover any of the aforementioned alternate duties, a designated point of contact must remain available at the terminal for the entirety of the period that the Terminal Manager is performing such alternate duties. The Terminal Manager shall have a mobile phone to receive direct calls from the District and to be available for all routine and emergency situations. The Terminal Manager shall be exclusively dedicated to the District and shall be available to administrators of the District each school day during the Term. The Terminal Manager shall be on-site to perform the duties and responsibilities described herein, including maintaining the operations of the Transportation Services, including guaranteeing the availability of the Vehicle Operators and Vehicles during the entire school day at least thirty (30) minutes prior to the first route has started and at least thirty (30) minutes after the last route has ended on any given day when Transportation Services are provided.

3.1.2 A qualified Dispatcher function shall be assigned to the terminal serving the District with said position staffed for the full duration of all routes on days when the school transportation system is in operation. The person(s) serving in this capacity shall be trained in the assignment of Vehicles and Vehicle Operators, the use of radio systems, effective communications with Student parents/guardians and District staff members, and such other areas as may be necessary to effectuate the coordinated and efficient provision of Transportation Services. The Dispatcher(s) shall serve at a designated telephone number to answer calls concerning daily service, including missed service and late pickups or drop-offs. Said Dispatcher will maintain contact with the District until the last Student is off the last bus and the Dispatcher notifies the District that all of the Students have been delivered to the designated drop-off point. The Contractor shall be responsible for maintaining services and facilities each day until the District is so notified.

The Dispatcher is precluded from any Vehicle Operator duties, serving as an aide, and/or Vehicle maintenance functions, unless authorized by the District.

3.1.3 At no time during normal route operating times shall the terminal be without a Terminal Manager and/or Dispatcher on-site. In the event of an emergency, the Terminal Manager may leave the office but be reachable by cell phone or two-way radio. If such an emergency occurs, the Terminal Manager will alert the District’s Central Office.

3.1.4 The Contractor shall provide safety and driver training to the personnel providing Transportation Services through a safety supervisor. This position is not required to be dedicated full-time to the District, however sufficient time must be allocated to provide on-going training services to such personnel.

3.1.5 Upon request of the District, the Contractor shall provide aides or monitors to support the delivery of the Transportation Services.

3.1.6 The personnel required by this Agreement shall be provided by the Contractor as a minimum in order to provide the quality of services expected by the District. The Contractor shall be responsible to determine what additional personnel are required to meet the District’s needs.

3.1.7 Personnel providing Transportation Services shall be professionally dressed at all times and in accordance with District policy. Dress shall be appropriate for interacting with Students and the personnel’s duties. At minimum, no obscene, revealing, political, drug or alcohol related attire shall be worn. Personnel providing Transportation Services shall wear photo identification tags provided by the Contractor whenever they come in contact with Students or school building personnel while working in their assigned tasks.

3.1.8 Personnel providing services in accordance with this Agreement shall conduct themselves professionally at all times and shall represent the Contractor and the District in a positive manner.

3.2 The Contractor agrees to the following conditions regarding operators of all Vehicles ("Vehicle Operators") under the terms of this Agreement:

3.2.1 The Contractor shall take the highest degree of care in recruiting and selecting Vehicle Operators. To the extent permitted by law, the District shall have the right to review all personnel records of Contractor employees performing the Transportation Services. All Vehicle Operators shall be compliant with all local, state and federal laws, rules and regulations. The Contractor shall maintain records of certification of such compliance, a list of certified Vehicle Operators, and a copy of each Driver's Connecticut Commercial Driver's License (CDL) and furnish the same to the Superintendent, or designee at his/her request.

3.2.2 During the first week of August of each year, Contractor will provide a list of certified Vehicle Operators (both regular and substitute drivers) to the Superintendent, or designee, who shall have the right to accept or reject such Vehicle Operators if said Superintendent or designee deems it in the best interest of the District, and no other Vehicle Operators may be used without written notice to and approval by the Superintendent, or designee.

The Contractor will report new hires to the Superintendent, or designee, immediately. The Contractor shall be required to provide such additional information regarding Vehicle Operators that the District reasonably requests. Proof of compliance with any legal requirement associated with the provision of the Transportation Services by Vehicle Operators shall be promptly provided upon request by the District.

3.2.3 Vehicle Operators shall be responsible to demonstrate professional relationships with the Students and their parents/guardians, the employees and administration of the District, and the community-at-large.

3.2.4 Vehicle Operators shall be not less than twenty-one (21) years of age and shall submit to and pass a physical examination, and shall meet at a minimum all standards of training, qualifications and testing required by the Connecticut Department of Motor Vehicles and any other governing state agencies prior to the opening of the school year.

3.2.5 The Contractor shall not place in service any Vehicle Operator who has tested positive for alcohol or drug use or has had their Driver’s License suspended or revoked for alcohol or drug related offenses within the previous five (5) years.

3.2.6 The Contractor will provide competitive compensation to all Vehicle Operators in an effort to avoid the problem of a driver shortage in achieving the expected level of performance of the Agreement.

3.2.7 The Contractor assumes all responsibility and/or liability that may arise in connection with any and all labor agreements. If there are any strikes by Vehicle Operators, Contractor will be solely responsible for providing qualified alternate Vehicle Operators.

3.2.8 The responsibility for hiring and discharging personnel with respect to all obligations arising from the Agreement shall rest entirely upon the Contractor, and the Contractor agrees not to enter into any agreement or arrangement with any employee, person, group or organization which will in any way interfere with the ability to comply with this requirement, except as otherwise required or permitted by law. The District reserves the right to directly employ certain aides, or to contract with an agency for certain nursing services, to provide specialized services or medical support to individual Students.

3.2.9 The Contractor shall ensure that all Vehicle Operators and aides used in the performance of the Agreement are able to read, understand and speak English and that all such persons are physically and/or emotionally capable to perform the essential functions of the job, with or without reasonable accommodation. No person who is serving a sentence in a penal or correctional institution shall be employed or work under this Agreement.

3.2.10 The Contractor will inform all Vehicle Operators that changes in routes, stops or schedules may be made only with the approval of the District, provided that minor, temporary changes resulting from transient conditions (e.g., weather conditions, road conditions) may be made absent District approval in the interest of safety and efficiency with the provision of notice to the District. Designated routes will be provided prior to the start of school and during the year. Vehicle Operators are expected to traverse their AM and PM assigned route(s) one or more times, until they are familiar with all assigned stops and roads prior to the first day of school. These trial runs should be conducted during the typical AM and PM route times to best replicate traffic issues and times. The cost of trial runs shall be borne by the Contractor and will not be billed to the Board. The Contractor will provide written verification of this trial run process to the District. Spare Vehicle Operators are also expected to be familiar with the routes to ensure efficient operations in the event that the Vehicle Operator normally assigned is not available. If a spare Vehicle Operator, used on a route, is unfamiliar with the route, the Contractor shall also assign an aide, at the Contractor's expense, to accompany and assist the spare Vehicle Operator.

3.2.11 A list of stand by and spare Vehicle Operators for the District must be on file in the office of the Superintendent.

3.2.12 The Contractor shall provide an ongoing program of classroom and road training at its expense in accordance with federal, state and local laws, rules and regulations. The Contractor will provide a continuing safety education program for Vehicle Operators and Students, together with periodic management bulletins to personnel concerning the safety program and strict supervision of personnel in this respect. Certification of all training and copies of all bulletins shall be provided to the Superintendent, or designee, including proof of attendance of Vehicle Operators at such training as the Board shall reasonably request.

3.2.13 Vehicle Operators shall receive training in all areas required by law, industry-standard safety training, and all special training necessary or advisable as determined by the District, including any training determined to be necessary before providing special education Transportation Services.

The District may approve or disapprove the assignment of any Vehicle Operator to perform special education Transportation Services or Special Trips.

3.2.14 The Contractor shall at all times have spare Vehicle Operators for the operation of spare Vehicles in the event of mechanical or other difficulties, or absenteeism, to maintain and provide the services which are required under this Agreement. Any such spare Vehicle or Vehicle Operator must arrive within twenty (20) minutes from the time said spare became needed.

The Contractor shall provide attendance information to the District upon request. The spare Vehicle Operators must be experienced in navigating the Town.

3.2.15 In order to ensure continuity in the provision of the Transportation Services, and in order to reduce Student discipline issues, Vehicle Operators assigned to morning and/or afternoon runs are prohibited from leaving these assigned runs to perform Special Trips. The District believes that effective transportation programs exist where the same Vehicle Operators are assigned to the same routes, every day. To this end, the Contractor is prohibited from entering into any agreements or procedures which violate this District mandate.

3.2.16 Vehicle Operators shall not (a) smoke or carry a lighted cigarette or other smoking device, including any vaping device, or (b) be in possession of or under the influence of alcohol or any other intoxicating substance, legal or illegal, when operating or being on board a Vehicle or otherwise on school grounds or at the terminal. Except as otherwise expressly permitted in this Agreement, Vehicle Operators shall not use a cell phone while aboard a Vehicle, including while stopped or parked.

3.3 For each employee of the Contractor who performs services for the Board involving direct contact with Students, the Contractor shall comply with the following background and employment history checks:

3.3.1 The Contractor shall perform, and the Contractor’s employee shall submit to, employment history checks in accordance with Section 10-222c of the Connecticut General Statutes, as amended by Public Acts 16-67 and 17-68.

3.3.2 The Contractor shall perform, and the Contractor’s employee shall submit to, a records check of information maintained on the Abuse and Neglect Registry of the Connecticut Department of Children and Families (the “Registry”) or, for any employee of the Contractor’s whose current or most recent employment occurred out of state, the out-of-state equivalent of the Registry. The Contractor shall request information from the Registry or its out-of-state equivalent promptly, and in any case no later than thirty (30) calendar days from the date the Contractor’s employee begins performing services for the Board pursuant to this Agreement. If the Contractor receives any information from the Registry or its out-of-state equivalent indicating that the Contractor’s employee may have a record of abuse or neglect, the Contractor shall immediately remove the individual from any assignment to provide services to the Board.

3.3.3 The Contractor shall perform, and the Contractor’s employee shall submit to, state and national criminal records checks in accordance with Sections 10-221d and 29-17a of the Connecticut General Statutes. Each employee of the Contractor shall submit to such state and national criminal record checks within thirty (30) calendar days from the date such employee of the Contractor begins performing services for the Board pursuant to this Agreement. If the Contractor receives any information indicating that the Contractor’s employee may have a criminal record, the Contractor shall immediately remove the individual from any assignment to provide services to the Board.

3.3.4 The Contractor shall cross-reference the Connecticut Department of Public Safety’s sexual offender registry, or, for any of employee of the Contractor whose current or most recent employment occurred out of state, the out-of-state equivalent of the Connecticut Department of Public Safety’s sexual offender registry, to determine whether the Contractor’s employee is registered as a sexual offender. The Contractor shall comply with the provisions of this Section before any employee of Contractor begins performing services for the Board pursuant to this Agreement. If the Contractor receives any information indicating that the Contractor’s employee may be registered as a sexual offender, the Contractor shall immediately remove the individual from any assignment to provide services to the Board.

3.3.5 The Contractor shall provide written confirmation to the Board that it has complied with this Section. The Contractor agrees that upon the District’s request, it shall promptly provide the Board with any documentation related to such compliance.

3.3.6 The Contractor agrees that it shall pay all fees and costs associated with the background and employment history checks required under this Section.

3.3.7 Should the Contractor receive any information that an employee of the Contractor performing services under this Agreement has a criminal record which could make the individual unfit for an assignment involving contact with children, including Students, is on the sex offender registry or its equivalent, or has a record of abuse or neglect, the Contractor shall not assign or shall not maintain, as applicable, the assignment of the individual to perform services under the Agreement. By assigning, and/or maintaining the assignment of, any employee of Contractor performing services under the Agreement involving direct contact with Students, the Contractor represents and warrants that, in its best professional judgment, such Contractor’s employee maintains the appropriate qualifications and is fit to perform services which could involve direct contact with, or working in or near a school that educates minor children.

3.4 Aides performing services in accordance with this Agreement must be prepared to assist Students in entering and leaving a Vehicle. While this requirement is not to be construed as requiring aides to carry a Student, it does require assisting by lifting legs, securing wheelchairs, carrying books, or otherwise assisting Students to enter and leave buses. In addition, Vehicle Operators must be prepared to provide reasonable assistance, as circumstances may deem necessary.

3.5 Aides must also perform functions of clearing the danger zones on the outside of Vehicles, and assisting the Vehicle Operators in the management of Students and performance of Student discipline functions.

3.6 The Contractor will provide the aides with appropriate training to meet the requirements of the position. The Contractor will be responsible for communicating to aides their responsibilities, and any aide not willing to comply with these requirements shall be removed and replaced.

3.7 The Contractor agrees that the District, solely in its sole discretion, shall have the right to remove, reject, or direct replacement of any Terminal Manager, Dispatcher, Vehicle Operator, or aide, provided that the notification for removal from providing services under this Agreement does not violate applicable local, state, or federal laws, rules or regulations (as determined by the District).

4. OPERATION OF VEHICLES.

4.1 The operation of Vehicles, including the pick-up and drop-off of Students, must comply with the Board's Transportation Policy, as it may be amended from time.

The Board shall provide any revisions to such policy to the Contractor.

4.2 The Transportation Services shall be provided by the Contractor according to the applicable school calendar(s) in effect for each of the placements, institutions and schools, each of which as may be revised or adjusted by the Board or its designee and/or any of the other placements, institutions or schools from time to time with no extra charge to the Board. The Board shall not be charged or otherwise penalized for any circumstances in which the schedule for any school designated by the Board to receive Transportation Services in accordance with this Agreement has a schedule which differs from that of the Board.

4.3 During inclement weather, the following procedure is used to alter transportation schedules or cancel transportation service:

4.3.1 If school in the Town is closed, no Students are to be transported to other In-District and Out-of-District programs.

4.3.2 If school in the Town has a delayed opening, then Students will also be delayed in being transported to In-District and Out-of-District programs.

4.3.3 In both of the above situations, the Superintendent or designee will notify the Contractor of the circumstances as soon as possible in accordance with the terms of this Agreement.

4.4 If a special education Student will not be attending school due to illness or other circumstances, it is the responsibility of the Student’s parent/guardian to notify the Contractor directly.

4.5 In no event shall a Vehicle Operator leave a Vehicle unattended while it is occupied by any Student or when it is otherwise located on school property. The Contractor must have a procedure in place to ensure no Student is left on any Vehicle at the end of a run and after drop-off.

4.6 The Parties agree that the Contractor shall have the responsibility to, and the necessary authority to, supervise and control Students on the Vehicles pursuant to such policies and rules as are from time-to-time adopted by the Board. The Contractor is responsible for knowing and strictly following all such polices and rules and for ensuring that all Vehicle Operators are aware of, and follow, such policies and rules. Such authorization shall not, however, include the right to remove any Student from the Vehicle before it reaches its destination or engages in any other act which is likely to result in injury or danger to any Student. In the event of a disciplinary infraction by a Student on a Vehicle, the Contractor shall require that the Vehicle Operator (a) stop the Vehicle and not proceed until discipline is voluntarily restored, (b) immediately alert the Contractor’s office via radio/cell phone, and (c) report, in writing, such occurrences to the Contractor, and the Contractor shall promptly notify the principal of the school for which the Students attend. At all times, the Vehicle Operator shall be in full charge of the Vehicle and shall allow no misbehavior.

4.7 The Contractor shall be fully responsible for the care and supervision of Students during the Transportation Services. The transportation of a Student shall be deemed to have begun when such Student steps on to the Vehicle and shall be deemed to have ended when the Student has stepped off the Vehicle at the appropriate, safe place.

4.8 No pre-school, kindergarten and District-identified special needs Students are to be released without adult supervision being present. If there is no adult to meet the Student, the Student is to be kept on the Vehicle and the Vehicle Operator is to notify dispatch immediately for direction.

4.9 No Vehicle Operator shall allow a Student to leave a Vehicle except at scheduled stops unless otherwise authorized by the Board in writing.

4.10 Vehicle Operators shall report to the Contractor immediately all accidents of any nature (with or without any injuries) and other incidents or circumstances which cause unavoidable delay to the Contractor, who shall then immediately report the same to the Superintendent. The Contractor shall furnish the Superintendent a complete and accurate written report of each such incident described in the preceding sentence to the Superintendent within twenty-four (24) hours.

4.11 Vehicle Operators are responsible for limiting passengers only to those who are eligible to ride the Vehicle. To avoid any doubt, the only persons eligible to ride the Vehicle are Students and designated aides without the prior written consent of the Board, which such approval shall be granted in the Board’s sole and absolute discretion. However, with the prior written approval by the Superintendent or its designee, only if there are spaces available on the vehicles and only in compliance with the Board’s policies, Vehicle operators may transport up to one

(1) of their own pre-school children on the Vehicles. All such transportation must be consistent with State regulations. The cost of any equipment (seat belts;

car seats) required for the Vehicle operators’ children shall be the responsibility of the Contractor. If the Board gives its approval, it reserves the right to withdraw such approval if the Vehicle operator benefit interferes with the provision of safe and effective services to the students or if there are no longer extra seats available on a Vehicle. Such determination rests solely with the Board.

4.12 Vehicles shall not be operated at any excessive speed, but always in a reasonable and prudent manner, with due regard for the safety and welfare of the Students transported.

4.13 Vehicle Operators shall not operate a Vehicle in excess of its rated capacity.

4.14 Vehicle Operators shall make sure that Students board or leave a Vehicle only when it is stopped.

4.15 Vehicle Operators are responsible to ensure that all Students are seated and remain seated while the Vehicle is in operation.

4.16 Vehicle Operators do not have the authority to refuse any Student who is eligible for transportation the right to ride a Vehicle except with the Board’s written authorization prior to any refusal.

4.17 Vehicles and Vehicle Operators must be available on sixty (60) minutes’ notice for early closing of one or all schools in emergencies and upon one day's notice for early closing of any one or all schools for staff workshops or other activities needed. All scheduled early closings or schedule differences from day-to-day shall require the scheduled number of Vehicles to be at each building on time without regard to other needs.

4.18 The Contractor shall provide Vehicles for late runs upon the Board’s request.

4.19 No Student shall arrive at school more than fifteen (15) minutes prior to the school opening in the morning and no Vehicle shall arrive on school premises any earlier than twenty-five (25) minutes before school ends. No Student shall remain at school waiting for transportation home for more than fifteen (15) minutes after school has dismissed.

4.20 After school, Vehicles shall not leave the school until at least five (5) minutes following dismissal. No Student shall be dropped off at the Student’s bus stop later than sixty (60) minutes after leaving the school except under extraordinary conditions or as approved by the Board.

5. INSURANCE AND PERFORMANCE BOND.

5.1 The Contractor shall purchase all insurance coverage for all Vehicles. The Board and the Town shall be designated as "additional insureds" on all policies except workers compensation. Coverage shall be maintained in amounts meeting or exceeding the requirements set forth in the RFP. The Contractor shall secure a Certificate of Insurance from the agent and provide a current certificate on file with the Board at all times during the Term. The Board shall be given thirty (30) calendar days' advance notice by certified mail, return receipt requested, or by hand delivery, of any change to or cancellation of any or all insurance policies required under this Agreement. The Board and Town shall not be responsible for any interior or exterior damage to any Vehicle.

5.2 The Board may elect to require during any year of the Term the Contractor to furnish to the Board as of July 1st of such year of the Term a Surety Performance Bond (“Performance Bond”) in a form satisfactory to the Board assuring the faithful performance of the Agreement. The Performance Bond shall be equal to one hundred percent (100%) of the current year’s estimated Agreement price (excluding Special Trips) as reviewed and agreed upon by the Board. Such Performance Bond shall be furnished by a surety company acceptable to the Board and licensed or authorized to do business in Connecticut.

6. INVOICES/PAYMENT.

6.1 The Parties agree that all portions of the Transportation Services shall be billed on a monthly basis by the Contractor to the Board, as follows:

6.1.1 The Contractor shall submit an itemized invoice, substantially in the form attached as Exhibit B, as soon as practicable upon the conclusion of each month during the Term, but in any event not later than the tenth (10th) day of the following month. Delayed billing is not acceptable and shall not be honored.

6.1.2 The Board shall pay any undisputed invoice within thirty (30) calendar days after receipt of each invoice.

6.2 The District shall deliver written notice of any disputed amount or invoice to the Contractor within thirty (30) calendar days of the District identifying such disputed amount or invoice.

6.3 Notwithstanding any provision of this Agreement to the contrary, if the Board, or any government agency temporarily, intermittently, or permanently suspends in person classes during the Term due to a pandemic or other event, the Parties shall negotiate, in good faith, regarding whether any payment should be made by the Board to the Contractor to ensure continuity of service. The Contractor shall produce, upon request, documentation of costs to inform such negotiations.

6.4 The Board may request that the Contractor perform additional tasks under this

Agreement. If the Contractor agrees to such request, the Contractor shall perform such assignments in accordance with an agreed upon schedule and level of effort.

The Contractor shall invoice the Board per an agreed upon cost structure for such additional services.

7. FUEL.

7.1 Required diesel fuel and unleaded gasoline for the Vehicles (the "fuel") is to be the…