Bolton Transportation Addendum 1 Questions_Answers 1.9.26.pdf.crdownload

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Question 10 Contract 7.1.21-6.30.26

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SECOND AMENDMENT TO CONTRACT FOR BUS TRANSPORTATION

This SECOND AMBNDMENT TO CONTRACT FOR BUS TRANSPORTATION (the "Amendment") is made and entered into as of the gth day of June ,2027, by and between the BOLTON BOARD OF EDUCATION (the "Board") and M&J BUS, INC., a Connecticut corporation (the "Contractor", and together with the Board, the "parties").

RECITALS:

WHEREAS, the Board and the Contractor are parties to that certain Contract for Bus Transportation dated as of May 18, 2016, as amended by that certain Amendment to Contract for Bus Transportation dated as of May 19, 2020, and that certain Letter Agreement dated June _,2021, for the transportation of services for the school children of the Town of Bolton (collectively, the "Contract"); and

WHEREAS, the term of the Contract commenced on July l, 2016 and ends on June 30, 2021 (the "Term"); and

WHEREAS, the Board and the Contractor desire to amend the Contract to, among other things, effectuate the foregoing.

NOW THEREFORE, in consideration of the mutual promises, covenants, and provisions hereinafter designated, the Board and the Contractor hereby agree as follows:

l. Section I of the Contract is hereby deleted in its entirety and replaced with the following:

..T. TERM

The initial term of this Contract shall be for a period of five (5) years, beginning on July 1, 2016 and terminating on June 30,2021 (the "Initial Term"). The second term of this Contract shall be for a five (5) year period beginning on July 1,2027 and terminating on June 30,2026 (the "Second Term, and together with the Initial Term, the "Term")."

2. All references in Section III(A) of the Contract to "(2013 models or newer)" shall be deleted.

3. The second to last sentence in Section III(A) of the Contract shall be deleted and replaced with the following:

WHEREAS, the Board and the Contractor have agreed that the term of the Contract shall be extended for an additional five (5) year period; and

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"The Contractor will periodically upgrade the fleet to maintain an average age of five (5) years, with no vehicle exceeding ten (10) years of age at any time during the Contract."

4. Section III(C)(6) is hereby deleted in its entirety and replaced with the following:

*6. A minimum of two (2) surveillance video cameras with audio capture feature. A description of the cameras is in Attachment 5-A. The cameras must be placed in consultation with the Board, with camera coverage set to record entr)ryay, driver, and front, middle and rear seats. Upon the Board's request, the Contractor shall provide the Board with camera output as soon as practicable, but in any event within twenty-four (24) hours of said request. Such data shall be made available in a standard format that can be viewed by the Board, or ifnot in a standard format, the Contractor shall provrde the Board access to the Contractor's viewing software, if proprietary. The Contractor shall ensure the data from such cameras is stored in a secured manner and shall retain camera output for a minimum of thirty (30) business days or such longer periods as reasonably designated by the Board. All camera use and video viewing shall be consistent with the policies and procedures as established by the Board. Signage shall be placed in each vehicle to indicate that students are being recorded.

The Contractor shall have in place a camera maintenance program to ensure that cameras are operations in all active vehicles, including video and audio recording, which such maintenance program shall be performed at least monthly. The maintenance program shall include a procedure for the daily testing ofcameras, and said procedure description shall be provided to the Board. Upon request from the Board, the Contractor shall immediately provide the Board with a copy of the camera maintenance log including details on camera tests. The Board shall strictly enforce the mandate to have operational cameras in all vehicles providing services pursuant to the Contract. No camera systems may exceed seven (7) years ofage in order to ensure consistent and reliable operations."

5. The last paragraph in Section III(J) shall be deleted and replaced with the following paragraph:

"In addition to the indemnification provision in Section 20 below, Contractor shall, to the fullest extent permitted by law, also indemni$.,, defend, and hold the Board, the Town of Bolton and their respective offrcers, employees and agents harmless from and against all loss, liability, damage, penalty, award, settlement, judgment, fine, claim, suit and attorney fees that arise or may arise from the Contractor's use of the lot described above, including but not limited to, hazardous waste and hazardous waste cleanup."

6. The following section (P) shall be added at the end ofSection III as follows:

"P. The vehicles must be cleaned and disinfected on a regular schedule in order to prevent the spread of communicable diseases. The parties agree that the

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Contractor will perform all cleaning and disinfecting services in accordance with industry standards and the Board will provide the necessary cleaning and disinfecting supplies. The Contractor shall document its compliance with the cleaning and disinfecting requirements of this paragraph and shall, upon request, certiry compliance with the cleaning and disinfecting requirements of this paragraph."

7. The following language shall be added at the end ofSection IV(A):

"No alcoholic beverages or intoxicating substance of any type, legal or illegal, may be brought to, or consumed upon, the Board's premises or vehicles utilized pursuant to the Contract by any employee of the Contractor. No employee of the Conhactor shall, while performing services under this Contract or otherwise on school grounds, in the presence of students of the Board or in the bus lot/bus storage area: (a) have the presence of any alcoholic beverage or intoxicating substance of any type, legal or illegal, in their system; (b) be impaired by any substance, including without limitation prescription, over-the-counter or recreational drugs; (c) use any smoking or vaping products; or (d) transfer, sell or provide intoxicating substances of any t1pe, legal or illegal, alcohol, drugs of any type, vaping products, or smoking products to student or any other persons. The Contractor is required to fully inform its employees of the requirements and prohibitions of this paragraph."

8. Section IV(K) shall be deleted in its entirety and replaced with the following

"K. For each employee ofthe Contractor who performs services for the Board involving direct student contact, the Contractor shall ensure compliance with the following background and employment history checks:

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

The Contractor shall perform, and the Conractor'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 Contract. 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, to the extent permitted by law, share information concerning such finding with the Board.

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3 The Contractor shall perform, and the Contractor's employee shall submit to, state and national criminal records checks in accordance with Sections l0-212 (where applicable), l0-221d,, and,29-17 a ofthe 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 Contract. If the Contractor receives any information indicating that the Contractor's employee may have a criminal record, the Contractor shall, to the extent permitted by law, share information concerning such finding with the Board.

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 IV(KX4) before any employee of Contractor begins performing services for the Board pursuant to this Contract. If the Contractor receives any information indicating that the Contractor's employee may be registered as a sexual offender, the Contractor shall, to the extent permitted by law, share information conceming such finding with the Board.

The Contractor shall provide written confirmation to the Board that it has complied with subsections (l) through (4) of this Section lV(K). The Contractor agrees that upon the Board's request, it shall promptly provide the Board with any documentation related to such compliance, including, without limitation, the results of the background and employment history checks for any employee of the Contractor performed in accordance with this Section IV(K).

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

Should the Contractor receive any information that an employee of the Contractor performing services under this Contract has a criminal record which could make the individual unfit for an assignment involving contact with children, 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 ofthe individual to perform services under the Contract. By assigning, and/or maintaining the assignment of, any employee of Contractor performing services under the Contract involving direct contact with students, the Conffactor represents and warrants that, in

-4-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.

The Contractor aglees that if the Board determines that any Contractor employee shall not perform services for the Board pursuant to this Contract, such determination by the Board shall not constitute a breach of this Contract.

Notwithstanding any provisions herein to the contrary, failure to comply with this Section IV(K) shall be grounds for immediate termination of this Contract, without penalty, by the Board."

"M. To the fullest extent pemitted by law, The Contractor shall indemniff, defend and hold the Board, the Town of Bolton and their respective officers, employees and agents harmless from and against any and all claims, judgments and expenses, including aftomey fees that arise or may arise from the failure to perform the obligations in this Section."

10. The following sections (N) and (O) shall be added to the bottom of Section IV and shall read as follows:

"N. Upon the Board's request, the Contractor shall require drivers and aides to wear a mask or face-covering that completely covers the individuat's nose and mouth at all times while on the transportation vehicle, including when entering and exiting the vehicle. The Contractor shall be responsible for providing drivers and aides with masks or face-coverings that comply with guidelines issued by the Centers for Disease Control and Prevention. Training on appropriate face covering shall be performed by the Contractor for drivers and aides prior to assignment to transportation vehicles serving students.

11.

O. Upon the Board's request, the Contractor shall require drivers and aides to don disposable, nonlatex gloves whenever the driver or aide must come into physical contact with a student for purposes of physically assisting a student on the transportation vehicle. A new pair of gloves must be donned for assistance of each student. The Contractor shall be responsible for providing drivers and aides with disposable, nonlatex gloves and a receptacle to dispose such gloves after use.

Training on the donning and doffing shall be performed by the Contractor for drivers and aides prior to assignment to transportation vehicles serving students."

Section VIII shall be deleted in its entirety and replaced with the following:

"VTI. SCHOOL CALENDAR FOR IN-PERSON LEARNING

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9. Section IV(M) shall be deleted in its entirety and replaced with the following:

The Contractor shall provide transportation services on each day requested by the Board. The Board reserves the right to change, delete, add, or otherwise modifu the school calendar for in-person learning and the dates upon which fansportation services are provided."

"The number of vehicles needed and days upon which transportation will be provided under this Contract will vary."

13. Section XIII (D) shall be deleted in its entirety and replaced with the following

..D. LEFT INTENTIONALLY BLANK".

Section XIII (F) shall be deleted and replaced with the following:

"F. For regular home-to-school transportation, including mid-day preschool runs and scheduled late runs, the Board shall pay the Contractor monthly a rate of one-tenth of the Annual Base Sum as described on Attachment l- which such payments shall be made September through June of each year. The Annual Base Sum described on Attachment l-A is based on the Contractor providing regular home-to-school transportation l8l days each year, with seven (7) Type I vehicles and one (l) Type II vehicles. Any additional days or vehicles for which home-to-school transportation is required by the Board shall be billed on a monthly basis by the Contractor at the Daily Rate shown on Attachment l-A

For athletic trips, field trips and other trips, the Board shall pay the Contractor based on the per hour, per vehicle rate in accordance with Attachment 2-A. For summer transportation, the Board shall pay the Contractor the per diem, per vehicle rate as shown on Attachment 3-A.

Do 6?9 €<c' t4

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12. The second sentence of Section XIII(A) shall be deleted and replaced with the following:

No payment will be made for vehicles that are scheduled to operate but that fail to provide services due to mechanical problems, driver or bus aid shortages, or similar operating issues that are deemed by the Board to be under the control of the Contractor. The Contractor shall submit monthly invoices to the Board in such detail as the Board shall require for services performed during the preceding month.

At a minimum. the invoice shall include details on the number of vehicles utilized, vehicle category, on a daily basis. All invoices must be submitted to the Board within thirty (30) calendar days of providing said services. Delayed billing is not acceptable and will not be honored by the Board. Payments shall be made within thirty (30) working days after invoices have been received for the preceding calendar month. In the event the Board elects to switch to the altemative arrangement described on Attachment 7, the parties will recalculate the per diem, per vehicle rate."

15. Section Xlll (I) shall be deleted in its entirety and replaced with the following:

"I LEFTINTENTIONALLYBLANK" No Exce:S Ans'

Prior to entering into the Contract, and each July I st thereafter, the Contractor shall obtain and deliver Certificates of Insurance, written by sureties or insurers liccnsed in the State of Connecticut, to the Superintendent. All certificates shall be approved by the Superintendent prior to commencement of the services under this Contract. The Contractor shall maintain insurance of the kinds, and in the amounts, specified hereunder for the duration of Contractor's performance of the work and in a form satisfactory to the Supenntendent. Such Certificates of Insurance shall contain a provision that the Town of Bolton and the Board and their respective agents and employees are "Additional Insured,, on all policies (except workers' compensation) on a primary and noncontributory basis. In addition, the Board shall be given thirty (30) calendar days' advance notice by certified mail, retum receipt requested, or by hand delivery of any change to or cancellation of any or all insurance policies required under the Contract. The policies required under this Contract shall be with an insurance company with an AM Best Rating of A-VIII or better licensed to write such insurance in the State ofConnecticut and acceptable to the Board.

If, at any time, any of the insurance policies shall be or become unsatisfactory to the Board, in form or substance, or if the surety or insurer issuing any such policies is unsatisfactory to the Board, the Contractor shall promptly obtain a new policy and submit a certificate ofinsurance to the Superintendent for approval.

In the event that claims in excess ofthe amounts stated below are filed by reason of any operations under the Contract, the amount of excess of such claims, or any portion thereof, may be withheld by the Board from payment due or to become due to the Contractor until such time as the Contractor shall furnish such additional security covering such claims as may be determined by the Board.

The Contractor shall maintain the following types of insurance in the following minimum amounts which may be changed liom time to time:

(a) Workers' Compensation in such amounts as are required for full compliance with the statutory compensation requirements ofthe State ofConnecticut.

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Section XVIII Insurance Requirements shall be deleted in its entirety and replaced with the following:

"XVIII. INSURANCE REOUIREMENTS

The failure of the Contractor to maintain the required insurance or to fumish or deliver the insurance certificates shall be considered a default under the Contract.

(b) General liability insurance for bodily injury and property damage liability of not less than ONE MILLION ($1,000,000) per occurrence, TWO MILLION ($2,000,000) aggregate. Sexual abuse and molestation endorsement is required.

(c) Automobile liability insurance covering all vehicles owned, hired, leased, maintained, or used by the Contractor. Coverage shall include liability for bodily injury or property damage resulting from the ownership, maintenance, or use of any such vehicle by the Contractor, its agents or employees. The minimum policy limit shall be ONE MILLION DOLLARS ($1,000,000) combined single limit.

(d) Minimum excess policy in the amount of FOURTEEN MILLION ($ 14,000,000) DoLLARS.

(e) Cybersecurity liability insurance coverage of not less than ONE MILLION

DOLLARS ($1,000,000).

(f) The policies shall be endorsed to provide coverage sufficient to meet the Contractor's indemnification obligations set forth below. However, liability shall not be limited in any way to the proceeds of the insurance policies required by the Contract.

(g) The policies obtained by Contractor shall be endorsed to provide that all Contractor insurance provided is primary and non-contributory, and any other insurance available to the Board, the Town of Bolton or their officers, employees or agent shall be in excess to the Contractor's policies of insurance.

Other policies of insurance may be required by the Board predicated upon specific needs or as set forth in the Bid Documents.

The Contractor and its insurers shall waive all rights of subrogation on all policies, against the Board and Town of Bolton and its officers, agents, servants and employees for all claims and losses arising from or alleged to arise from this Contract, and work performed under the Contract. This includes workers' compensation."

17. Section XX shall be deleted and replaced with the following:

.OXX. INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall indemnify, defend and hold the Board, the Town of Bolton and their respective officers, employees and agents harmless from and against any and all claims, loss, liability, damage, penalty, judgment, expense and fee, including attorneys' fees, and other costs or obligations which result from, are alleged to result from or alleged to arise from, or arise out of-the performance of this Contract, the transportation of sfudents, and negligence of Contractor, any employee, agent or personnel of Contractor, or breach of the obligations of Contractor, any employee, agent or personnel under the Contract. This indemnification provision shall survive termination of this Contract."

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18. The reference to "Michael C. Beebe, President" in Section XXIX. NOTICES shall be deleted and replaced with Jon Hipsher, Chief Operating Officer".

19. A new section "XXX" shall be added after Section XXIX and shall read as follows

..XXX.MISCELLANEOUS

A. Board Policies. The Contractor and the Contractor's employees shall each be responsible for reviewing on, at a minimum, an annual basis, and complying with, all applicable Board policies, including, but not limited to, its non-discrimination policy, as such policies may be amended from time to time. Any questions regarding any policy or its application may be directed by the Contractor to the Superintendent of Schools. The Board's policies can be accessed at:

https://www.boltonpubltcschools.com,/board of education/policies

B. Confidentialitv of Student Records and Studeut Data VACV The Contractor shallPri comply with the Family Educational Rights and Privacy Act ("FERPA") in its performance under this Contract. The parties shall execute the Student Data Privacy Addendum to the Contract, in accordance with sections 10-234aa through 10-234dd of the Connecticut General Statutes, to identi$ the obligations of the parties relative to the security and confidentiality of student information, student records and student-generated content (collectively, "student data") received or obtained by the Contractor in connection with the Contract (Attached as Attachment 9).

C. Non-Appronriation. The Contractor and the Board acknowledge that if sufficient funds are not appropriated for payments under the Contract due in any fiscal year during the Term of the Contract, including any extension thereof, the Board may terminate the Contract because of such non-appropriation. The Board shall deliver prompt notice of such non-appropriation to the Contractor.

l. Reporting of Suspected Abuse and/or Neglect. In connection with the Contractof's provision of services to the Board pursuant to this Contract, the Contractor, and any official, agent, and employee ofthe Contractor, should be considered a mandatory reporter of abuse and/or neglect pursuant to Section l7a-101(b) of the Connecticut General Statutes. The Contractor agrees to report, or to cause to be reported through any official, agent, or employee of the Contractor, suspected child abuse and/or neglect to the Connecticut Department of Children and Families in accordance with Connecticut law and to otherwise comply with the Board's Child Abuse and Neglect Reporting Policy, which can be accessed at:

https://www.boltonpublicschools.com,/board of education/policies

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D. ReportineOblieations.

The Contractor agrees to review, and to cause any official, agent, or employee of the Contractor performing services under this Contract to review said policy on, at a minimum, an annual basis. Any questions regarding said policy or its application may be directed by the Contractor to the Superintendent of Schools.

2.1. Acts or reports of bullying pursuant to Section 10-222d, of the Connecticut General Statutes. The Contractor agrees to report, or to cause to be reported through any official, agent, or employee of the Contractor, any act of bullying witnessed by or reported to the Contractor or any official, agent, or employee of the Contractor pusuant to the Board's Safe School Climate Plan and using the Board's form, both of which can be accessed at:

The Contractor agrees to review, and to cause any official, agent, or employee of the Contractor performing services under this Contract to review said policy on, at a minimum, an annual basis. Any questions regarding said policy or its application may be directed by the Contractor to the Superintendent of Schools.

2.2. Acts or allegations of sexual harassment under Title IX of the Education Amendments of 1972. The Contractor agrees to report, or cause to be reported through any official, agent, or employee of the Contractor, any act of sexual harassment witnessed by or reported to the Contractor or any official, agent, or employee of the Contractor pursuant to the Board's policy concerning Title IX./Prohibition Against Sex

Discrimination and Sexual Harassment. which can be accessed at:

https://www.boltonpublicschools.com,/board of education/policies

The Contractor agrees to review, and to cause any official, agent, or employee of the

Contractor performing services under this Contract to review said policy on, at a minimum, an annual basis. Any questions regarding said policy or its application may be directed by the Contractor to the Superintendent of Schools.

E. Trainine.

l. The Contractor is responsible for creating, conducting, managing, enforcing and documenting a formal driver training program for all drivers driving in the Board. The

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2. Reporting of Information to Board Officials. The Contractor shall require its personnel to report any disturbances, irregularities, instances of inappropnate conduct of any type, or disciplinary infractions by students, which are observed during the performance of services to the Board pursuant to this Contract, to the building principal or other designated Board official. In the case of uncertainty regarding the appropriate Board official to contact with any such report, such report may be made to the Superintendent's office. The Contractor is specifically advised, without limitation, that the Contractor, and any official, agent, and employee ofthe Contractor, must report:

https ://www.boltonpublicschools. com,/board_oLeducation/policies

Contractor shall provide the training required by Public Act No. l8-185, Section 3 to all drivers. All costs related to the training, retraining, and licensing of the Contractor's bus drivers shall be bome by the Contractor.

2. The Contractor's current driver training and retraining program, a description of said Contractor's continuing safety program, and written procedures related to the selection of drivers, disciplinary measures administered to drivers for various types of negligence, legal infiactions, and/or misbehavior, and methods used to insure that drivers check their vehicles prior to the beginning of each day's operation may be requested during the term ofthe Contract.

20. The copy of Attachment I attached to the Contmcr is hereby amended to add Attachment 1-A attached to this Amendment. The parties acknowledge and agree that Attachment 1 shall refer to those contract years in the Initial Term occurring between 2016 and 2021, such that "Year 1" refers to 2016-2017,"Year 2" refers to 2017-2018. "Year 3" refers to 2018-2019, "Year 4" refers to 2019-2020, and "Year 5" refers to 2020-2021. The parties further acknowledge and agree that Attachment l-A shall refer to those contract years in the Second Term as indicated on such Attachment 1-A. Finally, the parties acknowledge that all references in the body of the Contract that refer to "Attachment 1" shall be interpreted to include "Attachment 1 and Attachment 1-A".

21. The copy of Attachment 2 attached to the Contract is hereby amended to add Attachment 2-A attached to this Amendment. The parties acknowledge that all references in the body of the Contract that refer to "Attachment 2" shall be interpreted to include "Attachment 2 and Attachment 2-A".

22. The copy of Attachment 3 attached to the Contract is hereby amended to add Attachment 3-A attached to this Amendment. The parties acknowledge that all references in the body of the Contract that refer to "Attachment 3" shall be interpreted to include "Attachment 3 and Attachment 3-A".

23. For the 2021-2022 school year, the Contractor agrees to utilize the vehicles described in Attachment 4-A attached to this Amendment. For all subsequent school years in the Second Term, the Contractor shall provide such complete list of vehicles in accordance with the provisions ofSection III(H) ofthe Contract.

24. The Contract shall be amended to add Attachment 9 to this Amendment.

25. The Board and the Contractor hereby adopt, ratify, confirm, reaffirm, and declare in full force and effect the terms and conditions of the Contract, to the extent such terms and conditions have not been modified or altered by this Amendment.

26. Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Contract.

- lt -lN WITNESS WHEREOF. the Board of Education of the Town of Bolron has caused these presents to be signed in its name and its behalf by Kristin B. Heckt, the Superintendent, and M&J BUS. lNC. has caused these presents to be signed in irs name and its behalf by.lon Hipsher. is Chief Opcraring Officer. all hercunto duly authorized, thisTaday otJt 11( .2021.

M&J BUS. INC. BOARD OF EDUCATION OF THE

TOWN OT'BOLTON

Bv LA /JonHipsff

Its Chief Operations Officer Kristin B. Heckl Its Superintendent

-12-

COLONIAL SURETY COMPAI{Y

I fi]il ililil il tffi ltil ilil1 ilil ]til ilt tilBUS CONTRACT STATUS INQUIRY

January 25,2022 Bus Comnanv: M & J Bus, Inc.

Descrintion of Contract:

School Transportation Services 06130t2021

$446,432.00

$446,432.00

Bond Holder

Bolton Board of Education T2Brandy Street Bolton, CT 06043

To help us serve you and to preserve your rights under the above captioned bond, please complete and return this form.

This information will be held confidential by surety. It is understood that the providing parfy does not guarantee the accuracy of this information whether such information is furnished by the owner or any agent of the owner.

Amount billed by our principal to date: $ aYY, tt, fu,1O

CONTRACT HAS NOT BEEN COMPLETED HAS BEEN COMPLETED

I

1Y,1, N ]1 trb,VO

Effective

Bond

Contract Amount:

Has work progressed satisfactorily?

Have you received any liens, levies, attested accounts or other withholding notices?

Has our principal assigned any of his rights to Contract Payments:

Comments:

ves ffi'xo E xoM NoK

Yes

Yes

Bond No. csc 1R2269s0

L Term of Contract:

Current Contract Amount:

Date of Completion:

Has Final Payment been made: Yes No

If Y, date offinal

Final Conffact Amount:

If No, expected date of final payment:

Sent

Inquirv History Received Contract Price Percent Complete Outstanding

0Uzst2022 s446,432.00

Date €?h{ttar,t lf .zo Jt

:crr-

PLEASE RETURN "*4-* OF THIS INQUIRY

Sigrature

Title

Phone

123 Tice Boulevard WoodcliffLake,Nl 07677 201-573-8788 _t e

Start Date:

i Total Paid to date

ATTACHMENT 1-A

REGULAR RUNS flNCLUDING MID-DAY PRESCHOOL RUN AND

SCHEDULED LATE RUNS) _ SCHOOL YEAR

Type I 72 Passenser School Bus

YEAR

Daily Rate:

Cost per vehicle/per day

Annual Base Sum (based on Daily Rate x 181 daysxTvehicles):*

Year - 2021-2022 / $328.00 $415,576.00 Year - 2022-2023 $337.84 $428,043.28 Year - 2023-2024 $347.98 $440,890.66 Year - 2024-2025 $3s8.42 $454,118.14 Year - 2025-2026 $369. l 7 $467,738.39

10= 41,::1'j{" T ',3=-- i,1;l?i; Z "'

REGULAR RUNS (HAND BUS USAGE) . SCHOOL YEAR

(ALTERNATE 1 FROM THE ORIGINAL BID FORM)

YEAR

Daily Rate: Type II Wheelchair Lift School Bus with at least three

(3) wheelchair stations Cost per vehicle/per day

Annual Base Sum (based on Daily Rate x l8l daysx I vehicle):*

Year - 2021-2022 /' $328.00 $59,368.00 Year - 2022-2023 '/' s337.84 $61,149.04 Year - 2023-2024 $347.98 $62,984.39 Year - 2024-2025 $358.42 $64,874.02 Year - 2025-2026 $369. l 7 $66,819.77

!,::-=JilT;-.

,,o-- b,eq3''lJ6

* As described in Section XIII(F), Annual Base Sum to be paid in l0 equal installments of the annual amount, September through June. For example, in September 2021, the Board will pay the Contractor a payment of $47,494,40 ($41,557.60 for the Type I vehicles and $5,936.80 for Type II vehicle).

COST PER YEAR FOR PERFORMANCE BOND - As described in Section XVII and to be paid in l0 equal installments of the Annual Amount, September through June

1ro = SbV,LlO : ro-- ss}' 3?A rto-- boo. trq1

YEAR

50% performance bond Annual Amount

Year - 2021-2022 $2,832.00 Year -2022-2023 92,916.96 Year - 2023-2024 93,002.47 Year - 2024-2025 $3,094.61 Year - 2025-2026 $3.187.45 pb GA5 Co:Y 3R- qoT

\)o Eters TYb.Co>t *"fff-a G tl t3 CSer-t;.^Tfir O s/s f

YEAR

100% performance bond Annual Amount

Year - 2021-2022 ,/ $5,664.00 Year - 2022-2023 /' $5,833.92 Year - 2023-2024 ,,/ $6,008.94 Year - 2024-2025 $6,1 89.21 Year - 2025-2026 $6,374.89

ATHLETIC TRIPS (REOUIRED) FIELD TRIPS/OTHER TRIPS

1. During Regular Route Hours (6 AM - 9AM and I :45 - 4:45 PM on school days):

2. During Non-Route Hours (9:00 AM - 1:45 PM and, after 4:45 PM on school days;

Saturdays and Sundays):

2021-2022 2022-2023 2023-2024 2024-2025 2025-2026 $57.00 / hr 558.71 / hr 560.47 lllt $62.28t hr 364.15/ hr

2021-2022 2022-2023 2023-2024 2024-202s 2025-2026 $57.00 / hr $58.71 / hr $60.47 / hr $62.281hr $64.15/ hr

ATTACHMENT 2-A

(NONEXCLUSIVE). INCLUDING ALL TYPES OF BUSES &

HANDICAPPED (2 hr. minimum)

ATTACHMENT 3.A

SUMMER TRANSPORTATION

Tvpe I 72 Passenser School Bus

YEAR

Conventional Buses Cost per bus/per day

Year - (Summer 2021\ $284.78 Year - (Summer 2022) $293.32 Year - (Summer 2023) $302.r2 Year - (Summer 2024) $31 1.19 Year - (Summer 2025) $320.s2

ATTACHMENT 4-A

LIST OF VEHICLES TO BE USED

STAND.BY VEHICLES

Year Make/Model Seating Capacity

Chassis Number

Serial Motor Vehicle Registration #

Year Make/IvIodel Seating Capacity

Chassis Number

Serial Motor Vehicle Registration #

ATTACHMENT 4-A

co# PLATE # YEAR VEH, ID, NUMBER DESCRIP cHASStS FUEL BRAXES BODY

1120 13B54 201',l 40RBUSK 98A374630 aus tc o HYD CE 47

1468 43877 2014 ,1BAKGCPAgEF297126 sus AB o AIR vtstoN 72

1469 43878 2014 1BAKGCPAOEF297127 BUS BB D AIR vtstoN 72

1470 43879 2014 1BAKGCPA2EF297128 BUS BB D AIR vlstoN 72

1471 43880 2014 1BAKGCPA,|EF297129 BUS BB D AIR vtstoN

1472 43881 2011 ,IBAKGCPAOEF29713O BUS BB D AIR vtstoN 72

1701 AJ40686 2017 1BAKGCPA8HF324918 BUS BB D AIR vtstoN 77

1702 a140750 2017 BUS D AIR vtstoN 77

1927 AP33096 20't9 1BAKGCSAOKF356597 BUS BB D AIR vtstoN 77

III IIIIII

,SAKGCPAXHF324919 BB

ATTACHMENT 5.A

SURVEILLANCE (VIDEO) CAMERA SYSTEM

(SEE ATTACHED SPECIFICATIONS)

Surveillance-247 rLLC 1l I County Road 45 Norwich,I.IY 13815 877-338-8208

Name I Address

M&JBusInc.

ATTN: Charlene 130 Ingham Hill Road Old Srybrook, CT 064?5

I rn Fz rI] z U

FF

Date Estimate #

95726A01202t

Phone Number

(877) 338-8208, Ext 888

AND IsFT

CAT5E.24AWG 4P COPPER

5OFT

DU.ALSOLID-S'TATE'VTDEOSTORA.G-ryONS.D,C_A|8,DS

4.2MM

4.2MMBNDWITTIMOLEX PIrcH

Estimate

Group

DVR-KEY

4"

BOTII

Rep

CI

It6m Description Qty

STUDENT DATA PRIVACY RIDER

This Agreement ("Agreement") is entered into on the date of execution below between the Bolton Board of Education (the "Board") and M&J Bus, Inc. ("Transportation Provider") (collectively, the "Parties") for the purpose of identi$ring the obligations of the Parties relative to the confidentiality of student data received or obtained pursuant to the contract between the Parties (the "Transportation Contract").

Article I. Definitions

For purposes of this Agreement, "directory information," "de-identified student information," "school purposes," "student information," "student records," "student-generated content," and "targeted advertising," shall be as defined by Conn. Gen. Stat. $ 10-234aa. "Education records" and "personally-identifiable information," shall be defined by the Family Educational Rights and Privacy Act of 1974 ("FERPA"), codified at 20 U,S.C g 12329 (as amended); and its implementing regulations, 34 CFR 99.1 - 99.67 (as amended).

Article II. Purpose of Agreement The Parties agree that the purpose of this Agreement is to detail the obligations of both Parties relative to the safety and confidentiality of student information, student records and student-generated content (collectively, "student data"), which student data may be provided to the Transportation Provider in connection with Transportation Provider's provision of transportation services to the Board. The Parties agree that the Transportation Contract does not require the exchange or maintenance of student generated content and that the exchange of student information and student records, if any, shall be limited in nature. The Board shall only provide to the Transportation Provider student records and,/or student information essential to performance of obligations under the Transportation Contract.

Article III. General Provisions

A. The Parties agree that this Agreement controls over any inconsistent terms or conditions contained within any other agreement entered into by the Parties concerning student data, including but not limited to the Transportation Contract.

B. The Transportation Provider shall not modiff any separate Privacy Policy of the Transportation Provider or any other policy, procedure or practice ofthe Transportation Provider conceming student data that is applicable to the Board without the written agreement of the Board.

C. All student data provided or accessed pursuant to this Agreement is and remains under the control of the Board. All student data are not the property of, or under the control of, the Transportation Provider.

D. The Board may request that the Transportation Provider delete any student data in the Transportation Provider's possession that is not (l) otherwise prohibited from deletion or required to be retained under state or federal law (including student data that is required to be preserved in relation to litigation or that is subject to a litigation hold), or (2) stored as a copy as part of a disaster recovery storage system and that is (a) inaccessible to the public, and (b) unable to be used in the normal course of business by the Transportation Provider, provided the Board may

ATTACHMENT 9

request the deletion of any such student data if such copy has been used by the Transportation Provider to repopulate accessible data following a disaster recovery. Such request by the Board shall be made by electronic mail to the Transportation Provider. The Transportation Provider will delete the requested student data within two (2) business days of receiving such a request.

E. The Transportation Provider shall not use student data for any purposes other than those authorized in this Agreement, and may not use student data for any targeted advertising.

F. If the Transportation Provider receives a request to review student data in the Transportation Provider's possession directly from a student, parent, or guardian, the Transportation Provider agrees to refer that individual to the Board and to notifz the Board within two (2) business days of receiving such a request. The Transportation Provider agrees to work cooperatively with the Board to permit a student, parent, or guardian to review personally identifiable information in student data that has been shared with the Transportation Provider, and correct any elroneous information therein, by following the amendment procedures outlined in the Board's Confidentiality and Access to Education Records Policy.

Article IV. Security and Confidentiality of Student Data

A. The Transportation Provider and the Board shall ensure that they each comply with the

FERPA.

B. Further, the Transportation Provider shall take actions designed to ensure the security and confidentiality of student data that, based on the sensitivity of the data and the risk of unauthorized access, include but are not limited to:

1. Using technologies and methodologies consistent with the guidance issued in the American Recovery and Reinvestment Act of 2009, Public Law l l l-5, $ 13402(h)(2),42 U.S.C.

5 17932;

2. Maintaining technical safeguards relating to the possession of education records in a manner consistent with 45 C.F.R. 164.312;

3. Otherwise meeting or exceeding industry standards relating to the safeguarding of confi dential information.

Article V. Prohibited Uses of Student Data

A. The Transportation Provider shall not use student data for any purposes other than those authorized pursuant to this Agreement or the Transportation Contract.

B. The Transportation Provider shall not retain, and the Board shall not otherwise make available, any student data upon completion of the contracted services, except: (a) student data that is required to be preserved in relation to litigation or that is subject to a litigation hold, provided that only that student data reasonably believed to be necessary to preserve may be retained; or (b) in the event that a student, parent, or legal guardian of a student chooses to independently establish or maintain an electronic account with the Transportation Provider after the expiration of this Agreement for the purpose of storing student-generated content.

Article VI. Data Breaches

A. Upon the discovery by the Transportation Provider of a suspected or actual breach of security that may result in or results in the unauthorized release, disclosure, or acquisition of student data, or the suspicion that such a breach may have occurred, the Transportation Provider shall provide initial notice to the Board as soon as possible, but not more than forty-eight (48) hours after such discovery ("Initial Notice"). The Initial Notice shall be delivered to the Board by electronic mail to the Superintendent of Schools and shall include the following information, to the extent known at the time of notification:

l. Date and time of the breach;

2. Names of student(s) whose student data was released, disclosed or acquired;

3. The nature and extent ofthe breach;

4. The Transportation Provider's proposed plan to investigate and remediate the breach.

B. Upon discovery by the Transportation Provider of a breach, the Transportation Provider shall conduct an investigation and restore the integrity of its data systems and, without unreasonable delay, but not later than thirry (30) days after discovery ofthe breach, shall provide the Board with a more detailed notice of the breach, including but not limited to the date and time of the breach; name(s) of the student(s) whose student data was released, disclosed or acquired;

nature and extent ofthe breach; and measures taken to ensure that such a breach does not occur in the future.

C. The Transportation Provider agrees to cooperate with the Board with respect to investigation of the breach and to reimburse the Board for costs associated with responding to the breach, including but not limited to the costs relating to notifications as required by Conn. Gen.

stat. $ l0-234dd.

Article VII. Choice of Law, Choice of Forum, Merger, Severability

A. Choice of Law. The parties agree that this agreement and any disputes arising from or relating to this Agreement, including its formation and validity, shall be governed by the laws of the State of Connecticut.

B. Choice of Forum. The parties agree that any and all disputes arising from or relating to this Agreement, including its formation and validity, shall be settled in the State of Connecticut.

C. Amendment. This Agreement may be changed, amended, or superseded, only upon an agreement in writing executed by both parties hereto.

D. Severability. A court finding of invalidity for any provision of this Agreement does not invalidate other provisions or applications that are not affected by the finding.

Article VIll. Term

A. The term of this Agreement shall be effective upon execution by both parties and shall terminate when all of the student data collected, used, possessed or maintained by the

Transportation Provider is properly and completely deleted or destroyed or retumed to the Board, or, if it is infeasible to return or completely delete or destroy the student data, protections are extended to such student data in accordance with the provisions of Paragraph B within this Anicle.

B. In the event that the Transportation Provider determines that retuming or completely deleting or deslroying the studenl data is infeasible, the Transponation Provider shall provide to the Board notification of the conditions that make rerum or complete deletion or destruction infeasible. The Transportation Provider shall elitend the protections of this Agreement to such stud€nt data and limit funher uses and disclosures of such sludent data to those purposes lhal make the retum or complele deletion or destruction infeasible. The Transponation Provider shall nol use or disclose such student data and shall maintain its security pursuant to this Agreem€nt for so long as the Transporlation Provider possesses or maintains such studenl data. In the event a disaster recovery system containing student data is used to repopulate the Transportalion hovider's databases following the recovery from a disasler. the Transportation Provider shall delete all such studenl dsta immediatelv.

BOLTON BOARD OF EDUCATION

By

M&J BUS. INC.

Bv .,rh{'t 20c I Date

6/rS l^"'l Dale

Question 11 Invoices June-November

J 1, \{&J llus Inc

1.1(l lngham llill Road

l) O Bor ll()l ()ld Surhrtxrl.