McMinnville School District RFP Pupil Transportation 2022-2023.pdf

REQUEST FOR PROPOSALS

STUDENT TRANSPORTATION SERVICES

RFP # ITB 2023-01

RFP Issued: January 30, 2023 Submission Deadline: February 21, 2023

12:00 PM, PST

Proposals must be received at the District Administration Office by 12:00 PM, PST on Tuesday, February 21, 2023 for consideration. Six (6) hard copies and one (1) electronic copy of the proposal are required. In addition, proposers must be available for an interview if requested with the Selection Committee in person on March 6, 2023.

Please direct proposals to: Samantha Nelson, Director of Finance McMinnville School District 800 NE Lafayette Ave.

McMinnville, OR 97128 snelson@msd.k12.or.us

McMinnville School District 800 NE Lafayette Ave. | McMinnville, Oregon 97128

503-565-4000 | www.McMinnville.k12.or.us

McMinnville School District Request for Proposals - Student Transportation Services

ADVERTISEMENT 3

PROPOSAL SELECTION TIMELINE 3

I. INTRODUCTION 4

II. GENERAL PROPOSAL INSTRUCTIONS 6

III. COMPLAINTS AND REMEDIES 7

IV. EVALUATION 8

V. TERMS AND CONDITIONS – GENERAL 9

A. DEFINITION OF KEY TERMS 9

B. TERM 9

C. DISTRICT POLICIES 10

D. INDEPENDENT CONTRACTOR 10

E. INSURANCE 10

F. ACCESS TO RECORDS 12

G. BACKGROUND AND CRIMINAL RECORDS CHECKS 12

H. CHILD ABUSE PREVENTION 12

I. SAFETY 13

J. COMPLIANCE WITH STUDENT SEXUAL CONDUCT REQUIREMENT 13

K. HOLD HARMLESS 14

L. MODIFICATION 14

M. EMPLOYEE REMOVAL 14

N. FORCE MAJEURE 15

O. ARBITRATION 15

P. ASSIGNMENT OF CONTRACT 15

Q. FUNDING 16

R. SEVERABILITY 16

S. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP 16

T. TAXES 17

U. TERMINATION OR SUSPENSION OF CONTRACTOR SERVICES 17

V. AFFIRMATIVE ACTION 18

A. SCOPE OF SERVICE 19

B. CONTRACTOR EQUIPMENT 20

C. FACILITIES 24

D. ROUTING 24

E. SCHEDULES 28

F. STAFF 29

G. REPORTS 34

H. COOPERATION 38

I. SAFETY PROGRAM 39

J. INCLEMENT WEATHER 40

K. STUDENT MANAGEMENT 40

L. DISTRICT PERSONNEL DRIVERS 41

VII. TERMS AND CONDITIONS – COSTS/FEES 42

A. COST/FEE STRUCTURE 42

B. ALTERNATIVES 44

C. CHANGES 44

D. CONTRACTOR CHARTERS 44

E. COMPENSATION 45

VIII. CURRENT SERVICE LEVEL INFORMATION 45

A. DISTRICT BOUNDARIES 45

B. SCHOOL CALENDARS AND HOURS 45

C. SCHOOL BUS ROUTES 45

D. TRANSPORTATION INFORMATION FOR YEAR ENDING JUNE 30, 2021 47

IX. REQUIRED PROPOSAL FORMS 48

A. RFP CHECK LIST AND COMPLIANCE 48

B. PROPOSAL RATE SCHEDULE 51

C. TOTAL COST PROPOSAL 55

D. RESIDENT BIDDER 56

X. REQUIRED PROPOSAL SUPPLEMENTAL INFORMATION 57

XI. ATTACHMENTS 66

ADVERTISEMENT

REQUEST FOR PROPOSALS

STUDENT TRANSPORTATION SERVICES

The McMinnville School District is seeking proposals from qualified contractors to provide student transportation services including home to school transportation, individualized transportation and trips per the specifications of the solicitation document. This document is available by contacting Samantha Nelson at snelson@msd.k12.or.us

Sealed proposals will be received until 12:00 PM, PST on February 21, 2023 and shall be delivered to Samantha Nelson, Director of Fiance, McMinnville School District, 800 NE Lafayette Ave., McMinnville, OR 97128 clearly marked “Proposal for Student Transportation Services.” The District reserves the right to reject any or all proposals.

PROPOSAL SELECTION TIMELINE

Advertisement for Proposals/RFP Issued January 30, 2023 Last Day for Questions February 10, 2023 by 5:00 PM Last Addenda Issued (if any) February 14, 2023 by 5:00 PM Proposals Due February 21, 2023 by 12:00 PM Selection Committee Evaluation of Proposals February 27-March 3, 2023 Proposer Interviews (if any) March 6, 2023 Notice of Intent to Award March 8, 2023 Recommendation to School Board/Contract Award March 13, 2023 Contractor to Begin Service July 1, 2023

I. INTRODUCTION

The McMinnville School District is soliciting proposals for student transportation services. It is the District's intention to determine the most responsible Proposer through evaluation of various criteria including, but not limited to quality of management and operations, company stability, service reputation, length of time in business, preventive maintenance program, safety program, and technology and equipment (buses) that will handle the number of students to be transported daily, and overall cost of services to be rendered. Proposals will be evaluated from the standpoint of capability to serve District needs in an efficient and safe manner and to provide leadership in evaluating current routing, bus stops, etc.

First Student, Inc. is currently providing student transportation services for the District, with a regional office in Vancouver, WA and a corporate office located in Cincinnati, OH. First Student currently provides all home to school transportation routes, some individualized transportation routes, and some trips. The District is seeking a student transportation contractor to serve as the primary service provider for home to school, individualized transportation, after school programs, McKinney Vento and trips.

The successful Proposer will provide necessary leadership, coordination, and cooperation to assure that student transportation services are responsive to the needs of the District and are consistent with District policies, state requirements, and all other applicable laws and regulations.

The services and equipment required and offered in proposals shall meet the needs as described within this solicitation and relating to the number of students transported daily. Proposers may include any special or unique services you plan to provide. No alternate routing proposals will be accepted. Any alternate routing or elimination of routes will be dealt with only after the successful Proposer has been selected.

Proposals will be evaluated by a Selection Committee consisting of District staff. The Selection Committee will review all documents submitted as a part of each proposal. The District reserves the right to make unannounced visitations to other sites where the Proposer is currently providing services. The District may request interviews with proposed site management personnel of companies submitting proposals.

District officials may hold interviews with representatives of Proposers who submit proposals determined to be reasonably susceptible of being selected for award.

Any clarification of a proposal by Proposer shall be in writing. The District will keep a detailed record of all discussions.

The contract for student transportation services will be awarded to the Proposer whose proposal best meets the District’s needs. It is the District’s intention to determine the best, responsive, and responsible Proposer pursuant to the criteria outlined in Section V of this solicitation.

It is understood that the District reserves the right to reject any or all proposals, or waive any informality in a proposal; and, it is expressly contemplated that no contract exists on the part of the district until formal written notice has been given or until a contract is fully executed. It is understood that the District reserves the right to award a contract for the proposal in the manner deemed to be in the best interest of the District.

Should a Proposer find discrepancies or ambiguities in, or omissions from, the specifications, the Proposer must notify the District. All written corrections sent to Proposers are to be considered in the proposal and do become part of the solicitation documents. All requests for additional information, from any Proposer, must be received by the District via email at snelson@msd.k12.or.us no later than February 21, 2023 at 5:00 p.m. Likewise, all additional information or answers to questions provided by the District to any Proposer shall be emailed and supplied to all registered Proposers. The submission of a proposal will be construed to mean that the Proposer understands the requirements and that the Proposer can supply the services as specified.

ABOUT THE DISTRICT – McMinnville School District was formed around 1876, the year that the district passed a levy to build a public school house. Today the district serves approximately 6,400 children in six elementary schools, two middle schools and one high school.

McMinnville School District #40 is Yamhill County’s largest school district. It serves residents in the City of McMinnville, the City of Lafayette and surrounding unincorporated areas of Yamhill County. The district boundary encompasses over 140 square miles of land with an estimated population of 40,134.

The district is a financially independent, special-purpose municipal corporation exercising financial accountability for all K-12 public education within its boundaries.

Operations are supported primarily by state funds, local property taxes and federal grants.

II. GENERAL PROPOSAL INSTRUCTIONS

FORMAT OF PROPOSAL

Each Proposer is invited to submit a proposal for services based upon the items described within this solicitation. All proposals shall be sealed in an envelope and addressed as follows:

Samantha Nelson, Director of Fiance McMinnville School District 800 NE Lafayette Ave.

McMinnville, OR 97128

In addition, the name and address of the Proposer and the title of the proposal (“Proposal for Student Transportation Services”) must appear on the outside of said envelope. The District must receive all proposals no later than 12:00 PM PST in February 21, 2023. The District is not responsible for proposals delivered to any location other than the address above either by the Proposer, delivery service or any other.

The proposal shall include all documents and information specified within this solicitation. Required documents in Section X, where applicable, shall be signed as follows:

A. In the case of an individual proposer, by such individual proposer;

B. In the case of a partnership, the name of the partnership must appear on such proposal and it shall be signed in the name of such partnership by at least one partner. In addition to such signature, the names of all partners shall be stated in such proposal;

C. In the case of a corporation, the president or other managing officer shall subscribe the corporate name, and there shall be set forth under the signature of such officer the name of the office the officer holds or the capacity on which the officer acts for such corporation.

Facsimile (fax) transmissions of proposals will not be accepted, nor will electronic transmissions or postmarks be accepted.

PROHIBITION OF ALTERATIONS

Proposals which are incomplete or conditioned, or which contain any erasures, alterations, or that contain irregularities of any kind, or which are not in conformity with the law may be rejected, as well as proposals that take exception to specifications or those that place conditions on the purchase, unless specifically indicated as acceptable.

III. COMPLAINTS AND REMEDIES

The District’s designated contact for this solicitation is Samantha Nelson, Director of Fiance. The designated contact will handle all objections, complaints, and inquiries regarding this solicitation, and the subsequent selection of a Contractor. The designated contact may be contacted as follows:

Samantha Nelson, Director of Fiance McMinnville School District 800 NE Lafayette Ave.

McMinnville, OR 97128

Email: snelson@msd.k12.or.us Phone: 503-565-4000

Any protest of these proposal specifications must be presented to the designated contact in writing not less than 10 days prior to the proposal opening, marked “Proposal Specifications Protest – Student Transportation Services”.

In response to such protest, an addendum may be issued, if deemed appropriate by the designated contact, or designee.

Any Proposer who submits a proposal to the District and who is adversely affected by the District’s award to another Proposer may protest the contract award to another Proposer by filing a written protest to the above referenced designated contact within five days of issuance of the notice of intent to award the contract.

The protest must specify the grounds on which a protest is based. A Proposer is only adversely affected if it is next in line for the award as the best responsive and responsible proposal. Protests will be reviewed based upon written documents submitted by the protester, and the District’s response will be in writing. The District may award a contract while a protest is pending.

The District’s board of directors is the local contract review board for the District with the powers to act in the capacity as defined in Oregon Statutes and Administrative Rules.

All questions, complaints and remedies shall comply with Oregon Statutes and Administrative Rules.

ACCEPTANCE OF CONDITIONS

Each Proposer, by the submission of a proposal, assents to each and every term and condition set forth anywhere in these specifications and agrees to be bound thereby.

IV. EVALUATION

Proposals will be evaluated by a selection committee with points assigned based upon desirable features. Proposals submitted that do not meet mandatory requirements will not be rated. The role of the selection committee will include a complete review of all proposal documents submitted and may include on site visitations to locations served as well as conferring with selected clients of the Proposer. It may also involve an interview with those Proposers selected to review their proposals. The District’s board of directors will make the final decision on hiring a contractor.

All proposals from qualified contractors that provide the minimum required qualifications will be evaluated on the following criteria:

Criteria With Interview

Without Interview

Interview 30 points 0 points

Fees/Total Cost 45 points 45 points

Response from References selected by District 25 Points 25 Points

Safety program, history and procedures 20 points 20 points

Quality of Service and Performance Record 15 Points 15 Points

Ability to meet or exceed the performance goals and requirements of District as set forth in this solicitation

15 points 15 points

Driver selection programs and training including pupil management, and ability to retain qualified employees

15 points 15 points

Proven history and demonstrated company posture in dealing with parents, community relations, and school staff

10 points 10 points

Qualifications and experience of management and staff 10 points 10 points

Company’s commitment to and documentation for environmental sustainability

10 points 10 points

Fleet plan: Replacement plan for equipment and quality of maintenance program

10 points 10 points

Total Number of Points 205 points 175 points

If an interview is needed, Interviews will be scheduled for February 22, 2023.

DISCLOSURE

Proposals will not be made a part of the public record until after the selection process is completed. All Proposals, including the evaluation reports, will then be available for public review.

DISCLOSURE OF INTEREST

No employee or elected official of the District may own more than five percent of a business that is submitting a proposal on any awards with the District unless it is fully disclosed in the proposal documents.

V. TERMS AND CONDITIONS – GENERAL

By submitting a proposal in response to this solicitation, Proposer agrees to the following terms and conditions of service to District:

A. DEFINITION OF KEY TERMS

Proposer An individual or company, experienced and qualified in the area of school bus operations, that elects to provide the District a proposal to provide student transportation services.

Proposal Detailed information provided by a Proposer outlining the manner in which Proposer intends to provide student transportation services to the District.

Contractor Successful Proposer

District McMinnville School District

School Bus (Buses) Regulation school bus that meets or exceeds the State of Oregon minimum standards

Agreement Contract between District and Successful Proposer

B. TERM

District will award a contract for an initial five-year period. This initial term shall begin on July 1, 2023 and expire on June 30, 2028. The contract may be extended in years subsequent to the initial contract by mutual written agreement of the parties. Subsequent contract terms may occur in increments of one to five years. Such extensions must be agreed upon by November 1 of the final contract year or the contract will expire at the ending date of the term then in effect.

C. DISTRICT POLICIES

1. The District shall have the exclusive right and obligation to set standards or policies for District operations. Policies include those regarding student transportation in general, and in particular as to the school calendar, beginning and ending time of schools, walking distances to school, the establishment of bus stops, bus arrivals and departure times, current route descriptions, student discipline, and all other pertinent policies relating to transportation. All District policies can be viewed at https://policy.osba.org/mcminn/index.asp

2. The District shall designate the students for whom Contractor shall provide service. The Contractor shall provide service for such students for each day that school is in session during the term of the Agreement and shall provide other services for students and authorized District personnel as the District may require.

D. INDEPENDENT CONTRACTOR

Contractor is an Independent Contractor responsible for furnishing transportation services only, pursuant to the Agreement, and neither Contractor nor any agent, officer or employee of Contractor shall be held or deemed in any way to be an agent, employee, officer, or official of the District as those terms as used in ORS 30.265. None of the benefits provided by the District to its employees is available from the District to the employees, agents or servants of the Contractor.

Contractor shall be solely responsible for Contractor’s acts and for the acts of Contractor’s agents, officers, and employees during the performance of the Agreement, and at all other times, and District shall have no power or control pertinent to the acts of any said persons.

E. INSURANCE

1. The Contractor, at its sole expense, shall procure and furnish the District with a Certificate of Insurance naming District as additional insured. The Certificate of Insurance shall be provided annually and maintained on file continuously, for the term of the Agreement. The insurance minimums satisfactory to the District shall be as set forth below. The insurance shall be kept current during the Agreement and the District requires 30 days written notification prior to any cancellation of the required insurance should a change in insurance carriers take place.

2. The Contractor shall provide general liability and automobile liability insurance, protecting the District as an additional insured, its agents and employees acting in their official capacities as such, the Contractor as a named insured, drivers and other related personnel from any claim for damages for personal injury or death and from damage to property which may arise from operations of the Contractor under the Contract.

The following minimum limits apply to the general liability insurance requirements:

$6,000,000 Each Occurance

$7,000,000 Annual Aggregate

**Sexual Abuse and Molestation coverage required with full limits.

The following minimum limits apply to the Bodily Injury and Property Damage Combined:

$5,000,000 Per Occurance

$7,000,000 Annual Aggregate

**Sexual Abuse and Molestation coverage required with full limits.

** State mandated UM/UIM and PIP requirements

3. Workers’ compensation insurance shall be maintained as required by law.

4. CONFIDENTIALITY. District and Contractor agree to comply with applicable laws relating to protected health information (HIPPA) and protected student information (FERPA). Both parties shall ensure that its personnel, employees, affiliates, and agents maintain the individual confidentiality of all persons served by the Agreement as well as each mentity’s business information.

5. CYBER SECURITY. District and Contractor acknowledge that it may be necessary to electronically transfer data regarding students, staff, and general business information to ensure Contractor is able to provide the services required by the Agreement. It is the expectation of the District that the Contractor has taken industry accepted and appropriate steps to ensure the security and confidentiality of electronic data. District is not responsible for any third-party injury(ies) and/or claim(s) that may arise in connection with Contractor’s actions or inactions in this area.

6. SEXUAL ABUSE AND MOLESTATION. The Contractor’s general liability policy must not specifically exclude coverage for sexual abuse and molestation. If sexual abuse and molestation coverage is excluded under the General Liability policy, evidence of separate sexual abuse and molestation coverage of not less than $2,000,000 per occurrence and $3,000,000 aggregate each claim, incident, or occurrence must be provided to the District in the form of a certificate of insurance and must be approved by the District prior to the execution of the Agreement.

F. ACCESS TO RECORDS

Each party shall have access to the books, documents and other records of the other party which are related to this Agreement for the purpose of examination, copying and audit unless otherwise limited by law. The Contractor shall maintain such books and records for a minimum of three (3) years, or such longer period as may be required by applicable law, following final payment and termination of this Contract or until the conclusion of any audit, controversy or litigation arising out of or related to this contract, whichever date is later.

G. BACKGROUND AND CRIMINAL RECORDS CHECKS

The Contractor agrees to comply with the District’s policy regarding background and criminal records checks for all Contractors and Contractors’ employees who will be providing services to the District. When District receives a report of suspected abuse by a contractor, District shall prohibit the contractor from providing services to District. If District determines there is reasonable cause to support the report of suspected abuse, District shall prohibit the contractor from providing services. District may reinstate the contractor, and such reinstatement may not occur until such time as a report of suspected abuse has been investigated and a determination has been made by law enforcement or DHS that the report is unsubstantiated.

H. CHILD ABUSE PREVENTION

When contract requires the Contractor or Contractor’s employees to have contact with students, Contractor agrees to train employees annually in the prevention, identification and reporting of child abuse and sexual conduct as described in Oregon Revised Statute 339.377. The District can provide access to a short on-line training for contractors and subcontractors to use with their employees. This training must be complete and documentation verifying employees have completed the training provided to the District prior to the contracted employee having direct contact with McMinnville School District students.

I. SAFETY

To ensure the safety of District staff and students, the Contractor must take reasonable precautions to ensure all individuals convicted of crimes listed in ORS 342.143 do not provide contracted services to the District . Furthermore, the Contractor shall provide timely notification to District once they become aware that an employee providing the services for District has been arrested or charged with a crime listed in ORS 342.143, and remove said individual from District or School District premises until the issue is resolved.

J. COMPLIANCE WITH STUDENT SEXUAL CONDUCT REQUIREMENT

All contractors, subcontractors and their employees are prohibited from engaging in sexual conduct with students. Sexual conduct is defined as: any verbal or physical or other conduct that is sexual in nature; directed toward a kindergarten through 12 student;

unreasonably interferes with a student’s educational performance;

and create an intimidating, hostile or offensive educational environment. The definition of sexual conduct does not include behavior that would be considered child abuse as outlined in Oregon law.

Contractors and/or subcontractors are required to certify in writing to the District that it has informed all employees what conduct is prohibited, what reporting responsibilities employees have and who the contact is for reporting prohibited conduct.

All contracted employees who will be at work site where kindergarten up to 12th grade students maybe present, will be required to take an informational training on student sexual conduct requirements. The District can provide access to a short on-line training for contractors and subcontractors to use with their employees.

If a contractor, subcontractor and/or their employees observe conduct he/she believes is prohibited they are to report the information immediately to the building administrator.

If the District is made aware of a contractor, subcontractor and/or their employees engaging in prohibited contact, the District will conduct an investigation. At the sole discretion of the District , the Contractor shall either (a) immediately remove the employee from providing services to the school pending the conclusion of the investigation or (b) place the employee in a position that does not allow for unsupervised contact with students. If the District determines the contractor, subcontractor and/or their employees engaged in sexual conduct with students, the District will have the option to: (a) terminate the contract and/or (b) request the permanent removal of the subcontractor and/or employee from the worksite. Contractor will cooperate in any investigation being conducted by the District, law enforcement, DHS, ODE and/or TSPC.

K. HOLD HARMLESS

In addition to the insurance requirements included as part of the Agreement, the Contractor shall also defend, indemnify and hold harmless the District and its agents and employees acting in their official capacities as such from and against any and all claims, suits, judgments and demands whatsoever, including without limitation, costs, litigation expenses, counsel fees and liabilities with respect to injury to, or death of, any person or persons whosoever, or damage to property of any kind whomsoever owned, arising out of or caused or claimed to have been caused in whole or in part by the acts or omissions of the Contractor, any subcontractor, or any other person directly or indirectly employed by them or any of them, while engaged in the performance of the work or any activity associated therewith, or related thereto.

L. MODIFICATION

No waiver, consent, modification or change in the terms of this Agreement shall bind either party unless in writing signed by both Parties. A written waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given.

M. EMPLOYEE REMOVAL

Contractor will immediately remove any Contractor’s employee, agent or officer from all District schools or locations in cases where District determines, in its sole discretion, that removal of the employee, agent or officer is in District best interest.

N. FORCE MAJEURE

1. The performance of this Agreement by either the District or the Contractor is subject to but not limited to acts of God, war, disease outbreak including but not limited to pandemics, strikes, government regulation, domestic terrorism, disaster, civil disorder, curtailment of transportation facilities, or other emergency over which any party has no control making it illegal, impossible, or impracticable to provide the services. This Agreement may be terminated without liability or penalty for any one or more of such reasons by written notice from one party to the others. In this event, the District shall pay to the Contractor for buses used, same amount specified in the rate schedule applicable for that year, less all reasonable expenses and costs incurred by the District in securing the services of such operating personnel. The Contractor shall not be released from contractual obligation because of the above-mentioned conditions until satisfactorily established that the non-performance is not due to the fault or neglect of the Contractor.

If neither the District nor the Contractor operates the buses, the District is not obligated to any payments.

2. Contractor agrees to make every reasonable effort to provide transportation in the event of a strike by the District's employees.

O. ARBITRATION

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

The provisions of this Agreement shall be construed in accordance with the laws of the State of Oregon.

P. ASSIGNMENT OF CONTRACT

Neither the Agreement nor any interest herein shall be assigned to any other party or parties without the prior written consent of the District. In the event of any attempt to transfer interest without the District's permission, the District may terminate the Agreement with a notice period of its own choosing.

Q. FUNDING

The Contractor recognizes that revenue needed to fund the Agreement must be approved by the District’s established budget procedures. The Contractor also recognizes that the revenue received by the District is sometimes affected by circumstances outside the control of the District. The Agreement, therefore, will be entered into contingent upon the ability of the District to fund the Agreement. Should the District experience an unexpected shortfall, which would affect the District’s ability to fund the Agreement, the compensation for any partial periods shall be prorated, based upon a daily basis consistent with the compensation terms of the Agreement. If funding inadequacies require a reduction in payments, corresponding reductions in service shall be negotiated between the District and the Contractor.

R. SEVERABILITY

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

MERGER CLAUSE. There are no covenants, promises, agreements, conditions, or understandings between the Parties, either oral or written, other than those contained in this Agreement and its attachments (s). All attachment(s) hereto together constitute the entire agreement between the Parties.

S. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP

Prior to the establishment of any Agreement, the Successful Proposer shall certify in writing to the District that no relationship exists between the Successful Proposer and the contracting officer or the District that interferes with fair competition or is a conflict of interest, and that no relationship exists between the Successful Proposer and another person or organization that constitutes a conflict or interest with respect to an Agreement with the District.

The District may waive this provision, in writing, if these relationships of the Successful Proposer will not be adverse to the interests of the District.

T. TAXES

The District is tax-exempt and any tax liability that might be incurred by the Contractor for personal or real property is the sole responsibility of the Contractor.

U. TERMINATION OR SUSPENSION OF CONTRACTOR SERVICES

1. The District may terminate the Agreement immediately in the event that the District’s board of directors or superintendent reasonably concludes that Contractor‘s performance under the Agreement has endangered the health, safety or welfare of the District’s pupils so as to necessitate immediate termination.

Termination under this provision shall be effective upon written notice by District to Contractor by either delivery of written notice of such termination to Contractor’s local office or facility, or upon mailing a written notice by both regular mail and certified mail return receipt requested to the address provided by Contractor to District for the purposes of delivering notices under the Agreement.

2. District may otherwise terminate the Agreement with Contractor, without cause, by giving 180 days written notice of termination to Contractor. Said notice to be delivered by either delivery of written notice of such termination to Contractor’s local office or facility; or upon mailing a written notice by both regular mail and certified mail return receipt requested to the address provided by Contractor to District for the purposes of delivering notices under the Agreement.

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

● Should Contractor be or become insolvent.

● Should the Contractor make a general assignment for the benefit of creditors.

● Should the Contractor file for protection under the bankruptcy laws of the United States.

● Should the Contractor repeatedly refuse or fail to supply sufficient properly qualified drivers or buses to perform the transportation services requirements for the District as set forth in the Agreement.

● Should the Contractor regularly fail to perform the transportation services required under the Agreement in compliance with the required time schedule.

● Should the Contractor regularly fail to comply with District transportation policies.

● Should the Contractor willfully disregard laws, ordinances, governmental rules or regulations or should repeatedly disregard the instructions of the District, which are consistent with the Agreement.

● Should the Contractor commit any other material breach of the Agreement.

4. In the event of termination under any provision herein, District, at its sole discretion, may elect to purchase from the Contractor all or selected transportation vehicles then in use in the District. The purchase of vehicles under this provision shall be at the then current fair market value. District must give written notice to the Contractor of its intent to purchase vehicles at the time the termination notice is provided and must specifically identify vehicles to be purchased within 30 days of the notice of termination or intent to terminate.

5. Additionally, the Contactor agrees that the District will have the right, as an additional option, to enter into a separate lease-maintenance agreement with Contractor where the District will provide the insurance, fuel, drivers, and all other management, and the Contractor will provide the bus ownership and maintenance only. The period of such an arrangement, may be any length of time chosen by the District, up to but not beyond the then existing term of the contract.

6. Contractor agrees to allow the District to determine the best method of the above by which to obtain the needed transportation service.

V. AFFIRMATIVE ACTION

1. The Equal Opportunity and Affirmative Action provisions of Section 202 of Executive Order 11246 and the rules and regulations issued pursuant to Section 201 therein are hereby incorporated by reference. Contractor represents, by acceptance of the Agreement, that it will comply with such Executive Orders and rules and regulations, and amendments thereto, to the extent the same are applicable to the provision or subcontracting of services or work under the Agreement.

2. Contractor agrees not to discriminate against any client, employee or applicant for employment or for services, because of race, creed, color, national origin, sex , age, or sexual orientation with regard to, but not limited to, the following: Recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; selection for training; or rendition of services. Contractor further understands and agrees that violation of this clause may be treated by District as a material breach of the Agreement, unless Contractor makes a satisfactory showing that discriminatory practices have terminated and that recurrence of such acts is unlikely.

VI. TERMS AND CONDITIONS – SPECIFIC

Under Agreement with the District, Contractor agrees as follow:

A. SCOPE OF SERVICE

1. To provide safe and reliable transportation to and from school and school-related functions. A typical regular school year will require 170-178 student transportation days depending on the grade level.

Total days may vary slightly from year to year and could be reduced due to revenue constraints. The District will only be billed for days that service is provided by the Contractor.

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

3. To provide a close working relationship between the management of the company and the administration and management of the District.

4. To provide positive public relations between the Contractor, the District, and its patrons.

5. To provide a transportation schedule that allows students minimal riding time to and from school not to exceed 60 minutes for elementary students and 75 minutes for middle and high school students, unless approved in advance by the District.

B. CONTRACTOR EQUIPMENT

1. MAXIMUM ALLOWABLE BUS/VEHICLE AGE

Average age of all buses (including spares) shall not exceed six years. Vehicles that exceed the following maximum age limits shall be replaced by new equivalent or better equipment throughout the term of the Agreement:

a. Gasoline buses - ten (10) years

b. Buses powered by alternative low carbon fuels – ten (10) years

c. Transit buses - twelve (12) years

d. Small buses or vans - eight (8) years

2. APPROVAL

New vehicles shall provide, at a minimum, capacities of vehicles currently in use. Both the Oregon Department of Education and the District shall approve all used equipment.

3. CONDITION AND MAINTENANCE

Contractor shall keep all equipment used for the transportation of students in strict accordance with the State of Oregon and federal standards and specifications for school buses. Such equipment shall be maintained in safe and good mechanical order at all times so as to pass the State School Bus Inspection. Such buses and vehicles shall also be kept in a clean and sanitary condition and free from body damage including minor dents and paint scrapes of a cosmetic nature. All repairs shall be repaired within 15 days of occurrence, unless otherwise approved by the District.

Bumpers and wheels will be cleaned as needed to retain a fresh, clean appearance. Contractor shall administer on all buses and vehicles used by Contract in the transportation of students, an extensive preventive maintenance program which shall include the minimum:

a. A safety inspection and required repairs that at the minimum completely comply with the State of Oregon's annual school bus inspection requirements. This shall be completed by August 15 of every contract year or every 25,000 miles, whichever comes first. No inspection period, from the last to the most current, shall exceed 12 months.

b. A daily pre-trip bus inspection and withdrawing a bus from service if a serious defect exists, which includes, but is not limited to steering, brakes, primary vision, exhaust, wheels, or tires.

4. FLEET SIZE

Contractor shall have a fleet of adequate number and capability to guarantee service for the District's student transportation needs, including home to school transportation, individualized transportation, and trips.

Contractor shall provide adequate equipment within the fleet to meet accessibility requirements in Section 9 below.

Equipment shall be added when needed to meet increasing needs. Such additions must be pre-approved by the District.

The District’s initial fleet request is listed below. In addition to this, the District welcomes an alternative suggested fleet configuration by the Proposer based on information given in Section IX of this solicitation.

a. Home to school transportation – provide as a minimum THIRTY-FOUR (34) 71 to 89 passenger buses (plus minimum of FIVE (5) spares). The district requires two of the specified home to school buses be equipped with wheelchair lifts to accommodate inclusion for all students. Lifts shall be installed on maximum capacity buses to maintain flexibility of seating; it is acknowledged that this will reduce the number of available seats when wheelchair stations are in use. Buses must be capable of providing seatbelts and child restraint systems that meet state and federal requirements, to meet individual student needs, upon request. Two (2) 9 passenger vans.

b. Individualized transportation (special needs) – provided as a minimum TWENTY-ONE (21) 15 to 30 passenger buses (plus minimum of 3 spares). Seating and wheelchair configurations must meet the needs of District students, which may vary from year to year. Buses must be equipped with seatbelts and child restraint systems that meet state and federal requirements, to meet individual student needs.

TWO (2) passenger vans that are equipped with secure transport equipment. ONE (1) 8 passenger van.

c. Activities, athletics and field trips - provide as a minimum SIX (6) 84 passenger heavy duty transit buses with under carriage luggage storage. These 8 buses can be among the Home to School buses. THREE (3) type 20 vehicles limited to a maximum of 15 passengers, 10,000 pound gross vehicle weight. These Type 20 vehicles will be dedicated for use at our high school. They will be stored at bus garage central location unless it is not within the McMinnville School District Boundary.

Spare buses are defined as vehicles used as a temporary replacement for a regular bus for reasons of breakdown, maintenance or emergency. Contractor shall keep ample spare buses and other equipment available to ensure that Contractor can provide uninterrupted student transportation service with a delay of no greater than 30 minutes in the event of a mechanical breakdown or emergency within the District. Contractor shall also have on hand personnel able to react within this time frame. Minimum spare performance requirements are defined above. Spare buses shall meet the same requirements for buses and equipment as set forth elsewhere in these specifications.

5. DISTRICT INSPECTION

The District retains the unrestricted right to inspect at any time the Contractor’s facilities, buses, records, maintenance and operational procedures and driver training as well as other areas pertaining to compliance with Agreement terms and/or required methods of transporting students. If equipment is found by such inspection to not comply with legal or contract requirements, the Contractor shall, at its expense, immediately remove such equipment from service, and supply substitute complying equipment. Equipment removed from service, as the result of an inspection shall not be placed back into service without complete correction of deficiency and authorization of the District.

6. RADIOS

Contractor shall equip all buses and vehicles used for the transportation of students and all contractor service vehicles with a District approved two-way radio or other communication system. Contractor must specify the system planned to be provided. Proposed system must provide adequate coverage to meet the diverse geography of the District. Contractor must provide one radio for each school.

7. VIDEO AND AUDIO MONITORING EQUIPMENT

All buses used under this contract (including spares) will be equipped with high-quality digital video and audio monitoring systems. Audio and visual coverage should capture riders during seat time and loading /unloading of the bus to capture driver interactions with students, parents, and staff. Contractor is responsible for maintaining and replacing equipment. System components are subject to approval by the District.

Systems must be operational on all buses whenever students are present on the bus. Systems shall be kept in good working condition and checked at least every two weeks by the Contractor to verify that they are working.

Documentation of system checks shall be provided upon District request.

Video surveillance of students is confidential and shall be considered property of the District. Contractor shall not allow viewing of the surveillance footage by any person that is not authorized by the District. Contractor will work with the District on an archival and retrieval plan. Video recordings requested by the District must be transferred to a secure cloud website for viewing within 24 hours of the request, in a format that can be viewed without specialty software.

8. ACCESSIBILITY

Contractor shall provide vehicles and equipment to meet accessibility needs for all students. District will consult with Contractor on individual needs that may include, not be limited to, the following considerations:

● Handrail – availability on both sides of stairs, height, extension, size

● Steps – height, depth, angle, and traction

● Seats – restraint, size of seats to meet all student sizes

● Seatbelt locks

● Loading and unloading assist

● Equipment for Special Needs (harnesses, extenders, etc.) The Contractor shall provide any modifications to equipment or additional equipment to meet student needs.

Proposed initial fleet shall be evaluated by the District for accessibility prior to approval and agreement under the contract.

9. REQUIRED MODIFICATION OF BUSES

Any installation of equipment modifications required by a change in law or regulation shall be the responsibility of the Contractor. Any installation or modification of equipment required by the District in addition to laws or regulations shall be done by the Contractor, with reimbursement to be made by the District at a prior approved cost. Cost of such District required modifications noted in this solicitation shall be included within initial proposed fees in Section X.

C. FACILITIES

The Contractor shall have full responsibility for equipping, maintaining and operating a facility in good repair and appearance satisfactory to the District and in compliance with all District, city, county, state and federal laws and requirements, including but not limited to environmental requirements. Contractor’s facility shall be located within the McMinnville School District’s boundary, unless authorized in writing by the District.

By no later than May 1, 2023, Contractor shall provide address and the location of the transportation facility designated for use in serving the District. Facility shall be of adequate size to store and maintain the required number of buses to operate in the District.

D. ROUTING

1. REGULAR HOME-TO-SCHOOL TRANSPORTATION ROUTES

Contractor shall maintain responsibility for development of all routes and route changes. The District reserves the right to require adjustments to routes where determined by the district to be in its best interest.

2. INDIVIDUALIZED TRANSPORTATION ROUTES

The Contractor shall provide services, both in and out of the district, to transport students with special transportation needs as required by the District, including provision of necessary vehicles to accommodate all needs. It is understood that requirements for individualized transportation vary from day to day, requiring careful attention and rapid adjustments of vehicle schedules.

a. The Contractor shall be responsible for developing and coordinating individualized transportation routes inside and outside of District boundaries. The Contractor shall communicate routing information to both parents and schools. The Contractor shall communicate any specific changes regarding routing information to both the District’s Facilities and Transportation Department and the affected parents at least 48 hours prior to the effective date of the change.

b. The Contractor shall pick up and drop off students with special transportation needs on the same side of the street where they reside. Contractor shall deliver the students to emergency locations whenever directed by the District.

c. Only Designated Personnel and Transportation Specialist shall provide the Contractor with student names, addresses, number of students, and receiving schools for individualized transportation. Requests from unauthorized sources must first be approved by the Designated Personnel and Transportation Specialist.

d. Contractor shall maintain updated records as furnished by District on each student by name, attending school, home address and phone, parent data, emergency information, and annotations on unique conditions pertaining to each student, such as behavior, disability, or health. Each driver shall have the above appropriate information for any given route with him/her at all times when driving and shall maintain current information. This information shall be guarded as confidential according to federal and state guidelines implementing PL 94-142 (as altered and re-authorized by PL 105-17) and parallel state statutes and shall not remain on the bus or vehicle unattended.

e. The District reserves the authority to review and approve or modify these routes.

f. The District reserves the right to use other transportation sources if the Contractor cannot provide for District requests, or if they cannot provide in a timely or cost efficient manner.

g. The Contractor shall consider the specific safety needs of students and the adult support required in determining the size and type of bus used for transport.

3. ROUTE TESTING

a. Prior to the start of each school year the Contractor shall field-test all routes that the District has approved.

Contractor shall notify the District of any time…