TRANSPORTATION SERVICES AGREEMENT

This TRANSPORTATION SERVICES AGREEMENT (hereinafter, the “Agreement”), executed on the 21 day of January, 2022, is entered into by and between the BERLIN BOARD OF EDUCATION, located in Berlin, Connecticut, (hereinafter, the “Board”) and_____________________________, a Connecticut corporation, with its principal place of business located in ________, Connecticut (hereinafter, the “Contractor”). The Board and the Contractor may be referred to individually as a “Party” and collectively as the “Parties.”

WITNESSETH

WHEREAS, the Board is desirous of entering into a contract with the Contractor to provide for the transportation of resident children to and from the schools operated by the Berlin Public Schools (hereinafter, the “District”) for a term of three (3) years, commencing on July 1, 2027 and terminating on June 30, 2030, with the option to renew an additional (2) years pending board approval and successful completion of years 1-3; and

WHEREAS, the Board is desirous of entering into a contract with the Contractor to provide for the transportation of Special Education students to and from various facilities and institutions in the State of Connecticut, as requested by the Board, for a term of three (3) years, commencing on July 1, 2027 and terminating on June 30, 2030; and

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

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

1. GENERAL TERMS

1.1. The term of this Agreement shall continue for three (3) years, commencing on July 1, 2027 and terminating on June 30, 2030 (the “Term”), unless terminated early in accordance with the terms of this Agreement.

1.2. The Contractor agrees that it will transport to and from the schools in the District and other institutions as designated by the Board such persons as may be designated by the Board (“Students”), and at such days, times and hours as designated by the Board, and will make such stops and travel along such routes as are designated by the Board (the “transportation services”). The Contractor specifically represents that it will not refuse any service request by the Board within the scope of this Agreement, including any request for special education transportation services. Should the Contractor have particularized concerns about safety in regard to any requested service, the Parties agree to collaborate in good faith to promote the safety of all individuals on a Vehicle (as such term is defined below), but in no case may the Contractor refuse a request for services within the scope of this Agreement.

1.3. The Board agrees to pay, subject to the terms and conditions of this Agreement, the Contractor the compensation set forth in Exhibit A, provided that the transportation services are furnished in accordance with this Agreement. The parties agree that no other payments shall be made to the Contractor who shall furnish all of the vehicles (except small vehicles, defined herein), vehicle operators, labor, materials, equipment, permits and licenses and other facilities necessary to provide the transportation and service required, including the staff and other services necessary for the proper performance of the Contractor's duties. The Parties agree that all mileage for all vehicles is included in the pricing set forth in Exhibit A. The Board may withhold payments for services when the Board determines, in its sole discretion, that such services do not meet the requirements of this Agreement. Payments for such services shall not be made until the Contractor has made corrections which are acceptable to the Board.

2. VEHICLES.

2.1. The Contractor agrees to the following conditions regarding buses, small vehicles (as such term is defined below) and any other vehicle used to perform the transportation services (collectively, the “Vehicles”):

2.1.1. The Parties acknowledge that the Board’s transportation needs will vary during the Term of this Agreement. Vehicles will be furnished in such number as deemed necessary by the Board for the transportation of Students, except as otherwise provided in this Agreement. The Contractor shall have available substitute Vehicles. The Contractor shall have additional Vehicles available for field trips and athletic events, as requested by the Board.

2.1.2. All Vehicles and other equipment shall be equipped, operated, and maintained in compliance with all laws, rules, regulations and policies of federal, state, and local governments pertaining to school transportation vehicles. It shall be the responsibility of the Contractor to ensure that all personnel employed are familiar with all of the aforesaid laws, rules, regulations and policies.

2.1.3. The Contractor shall provide the Board, at least one week prior to the start of each school year, and updated as necessary, a list that contains descriptions of each of the vehicles (excluding small vehicles) to be used by the Contractor in the performance of the transportation services, including: the year of manufacture, make of the chassis, make of body, seating capacity, and V.I.N. number. The Contractor shall provide any other information regarding the Vehicles requested by the Board.

2.1.4. All Vehicles are to be numbered by the Contractor as designated by the Board, and such numbers are to be clearly visible. All Vehicles shall be marked “Berlin Public Schools”.

2.1.5. No vehicle older than ten (10) years of age shall be used on any route during the term of the Agreement, provided that small vehicles that are Board-owned shall not be excluded from use under this Agreement based on age. In the event that any Vehicle needs to be permanently replaced in the course of the school year, upon prior written notice to the Board, it shall be replaced with a newer or equivalent-in-age Vehicle. Such replacements are subject to Board approval.

2.1.6. If, during the life of the contract, sufficient increase or decrease in the school population occurs to require additional or fewer buses or small vehicles, the Superintendent of Schools, with the approval of the Board, shall request the Contractor to supply the necessary buses and/or small vehicles and Vehicle Operators. All payments or credits are to be based on the rates applicable to the type of vehicle requested in existence at the time. The use of Contractor small vehicles will require an additional payment for mileage at the rate established in this Agreement.

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

2.1.8. The Contractor or its agent shall inspect all buses and small vehicles daily before the first run in the morning. This check list shall be a permanent, written record and made available on request to the Superintendent of Schools. The inspection shall include but not be limited to the following: brakes, lights, tires, oil, gas, radiators, heaters, cameras, and all other safety equipment. Snow accumulation shall be removed from all vehicles prior to starting all runs. Records of the inspection shall be kept on a check-off list, the form of which shall be approved by the Board.

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

2.1.10. The Contractor is required to perform all maintenance on all small vehicles (owned by the Board and used by the Contractor), as well as any other vehicles being used to service the Central Connecticut Transition Academy. The Contractor must have the mechanics and garage facility to satisfy the repair needs of all said vehicles. The Board will pay the Contractor for any and all maintenance that is needed. The labor reimbursement for the mechanics shall be in accordance with Exhibit A and all parts to be reimbursed at cost. Any sublet costs will be reimbursed at cost. Work that may be sublet includes repairs such as glass replacement, transmission overhaul, body work and major engine overhaul. The Contractor must obtain the prior written approval of an agent of the Board for any expenditure for repair in excess of $500. Any work done without prior approval shall not be charged to the Board.

2.1.11. The interior and exterior of all Vehicles must be kept clean and in good repair. The interior of all Vehicles must be kept at comfortable temperatures while transporting Students. No vehicle shall be used to provide special education transportation services unless it has operational air conditioning.

2.1.12. Each Vehicle must be equipped with a two-way radio. The Contractor shall provide the Board with a portable two-way radio capable of communicating with all Vehicles.

2.1.13. All Vehicles used in the performance of this Agreement must be equipped with video cameras to monitor passenger behavior and related activities at all times during the Term. The Contractor shall ensure that video cameras with audio capture feature are operational on each Vehicle used by the Contractor to provide transportation services in accordance with this Agreement. The cameras must be placed in locations approved by the Board, with camera coverage set to record entryway, driver, and front, middle and rear seats. The Contractor shall implement a camera maintenance program to ensure that cameras are operational and functioning properly, including video and audio recording, at all times. The mandate to have operational cameras in all vehicles providing services in accordance with the Agreement is fundamental to the Contractor’s performance, and any failure to have operational cameras shall be considered a material breach of this Agreement. It is the Contractor’s responsibly to check camera function daily. Nonfunctioning cameras are to be reported immediately to the District and repaired as soon as practicable, but no later than forty-eight (48) hours of the initial notification of the camera malfunction, or other timeframe mutually agreed upon for any specific instance. The Contractor will provide the use of a spare vehicle, with an operable camera, while the vehicle with the inoperable camera is being repaired. The District will provide the Contractor with additional cameras upon request.

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

The Board will indemnify the Contractor with respect to any claims, lawsuits, etc., arising in connection with the camera monitoring. Vehicle signage re: camera should state that is being done at the direction of the Board

2.1.14. If requested by the Board, the Contractor will implement the use of a global positions system (“GPS”) in each Vehicle used by the Contractor to provide transportation services in accordance with this Agreement. The GPS system shall be subject to approval by the Board. Cost of the GPS system will be negotiated, at the time of implementation, and billed to the Board.

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

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

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

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

2.1.19. All Vehicles used in the performance of the transportation services shall not display, either inside or outside of the Vehicle, any advertisement without the prior written authorization of the Superintendent or his/her designee.

2.1.20. All Vehicles used in the performance of the Agreement to transport special education students must have seat belts, child restraint seats, harnesses or other suitable restraints and wheel chair lifts to meet the needs of each student. Should applicable law require child restraints for all students being provided services under the Agreement, it shall be the Contractor's responsibility to provide compliant restraints and will be billed at cost to the District.

2.2. For the avoidance of doubt, the term, “small vehicles”, as used in this Agreement, shall be understood to refer to Vehicles smaller than a school bus which are used for required special education transportation, special transportation, and transportation services other than bus trips, both in and out of town. Small vehicles owned by the Board may be used by the Contractor during the term of this Agreement, as agreed upon by the Parties, solely for the provision of the transportation services and in accordance with this Agreement. In the event that additional small vehicles are required for any transportation services or due to mechanical issues, and there are no small vehicles which are owned by the Board available to act as substitute vehicles, the additional small vehicles are to be provided by the Contractor.

3. PERSONNEL.

3.1. The Contractor shall provide qualified, reliable and capable personnel to support the delivery of the transportation services required under this Agreement.

3.1.1. The Contractor agrees to perform the services required under this Agreement under the direction of a full-time trained and qualified supervisor, who shall be in the employ of the Contractor, and who shall be stationed in Berlin at all times that the transportation services set forth in this Agreement are being performed.

3.1.2. There shall be at least one trained and qualified supervisor, mechanic and mechanic's helper in the employ of the Contractor.

3.1.3. The supervisor, mechanic and mechanic's helper shall be employed in addition to the number of Vehicle Operators and substitute Vehicle Operators required for scheduled routes and shall not drive with the exception of extreme emergencies. The supervisor shall act as the liaison between the Contractor and the Board or its agents. The purpose of this section is to insure that the supervisor can be contacted immediately by telephone or radio at all times when vehicles are running when the schedule is interrupted for any reason.

3.1.4. Upon request of the Board, the Contractor shall provide aides and/or monitors to support the delivery of the transportation services. Monitors will be billed to the District at the hourly rate established by this agreement.

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

3.2.1. The Contractor shall take the highest degree of care in recruiting and selecting Vehicle Operators. All Vehicle Operators shall be compliant with all local, state and federal laws, rules and regulations. The Contractor shall furnish certification of such compliance, a list of certified Vehicle Operators, and a copy of each Driver's Connecticut Commercial Driver's License (CDL) to the Superintendent of Schools, or designee, prior to the opening of school each year, and no other Vehicle Operators may be used without written notice to and approval by the Superintendent of Schools, or designee. The Contractor will report new hires to the Superintendent of Schools, or designee, immediately. The Contractor shall be required to provide such additional information regarding Vehicle Operators that the Board reasonably requests. Proof of compliance with any legal requirement associated with the provision of the transportation services by Vehicle Operators shall be promptly provided upon request by the Board.

3.2.2. Vehicle Operators shall be responsible to demonstrate professional relationships with the children and parents served, the employees and management of the Board, and the community-at-large.

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

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

3.2.5. The Contractor shall ensure that all Vehicle Operators and bus monitors used in the performance of the Agreement are able to understand and speak English and that all such persons must be capable to perform the essential functions of his/her job, with or without reasonable accommodation.

3.2.6. The Contractor will inform all Vehicle Operators that changes in routes, stops or schedules may be made only with the approval of the Board. Designated routes will be provided prior to the start of school and during the year. Vehicle Operators are expected to traverse their AM and PM assigned route(s) one or more times, until they are familiar with all assigned stops and roads prior to the first day of school. These trial runs should be conducted during the typical AM and PM route times to best replicate traffic issues and times. The cost of trial runs shall be borne by the Contractor and will not be billed to the Board. The Contractor will provide written verification of this trial run process to the Board. Standby Vehicle Operators are also expected to be familiar with the routes to ensure efficient operations in the event that the Vehicle Operator normally assigned is not available. If a spare Vehicle Operator, used on a route, is unfamiliar with the route, the Contractor shall also assign a Monitor, at the Contractor's expense, to accompany and assist the spare Vehicle Operator. The Superintendent of Schools, or designee, shall be informed each time an alternate Vehicle Operator is required to substitute for an assigned Vehicle Operator.

3.2.7. A list of at least six (6) spare Vehicle Operators for the Board must be on file in the Office of the Superintendent of Schools.

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

3.2.9. All Vehicle Operators must attain nineteen (19) years of age before they are allowed to operate a Vehicle. No person who is enrolled in a school within Berlin shall be permitted to operate any Vehicle, except those persons taking adult education courses.

3.2.10. The Board reserves the right to require the removal of any Vehicle Operator whom, in the judgement of the Superintendent of Schools or designee, is not qualified by temperament, personality or for any other reason to drive a Vehicle. The Contractor shall immediately remove any such Vehicle Operator.

3.2.11. Vehicle Operators shall receive special training necessary or advisable and be determined qualified before providing special education transportation services. The Special Education Department may approve or disapprove any Vehicle Operator assigned by the Contractor to perform special education transportation services.

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

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

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

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

3.3.4. The Contractor shall cross-reference the Connecticut Department of Public Safety’s sexual offender registry, or, for any of employee of the Contractor whose current or most recent employment occurred out of state, the out-of-state equivalent of the Connecticut Department of Public Safety’s sexual offender registry, to determine whether the Contractor’s employee is registered as a sexual offender. The Contractor shall comply with the provisions of this Section 4 before any employee of Contractor begins performing services for the Board pursuant to this Agreement. If the Contractor receives any information indicating that the Contractor’s employee may be registered as a sexual offender, the Contractor shall, to the extent permitted by law, share information concerning such finding with the Board.

3.3.5. The Contractor shall provide written confirmation to the Board that it has complied with this Section. The Contractor agrees that upon the 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.

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

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

3.4. The Parties specifically acknowledge their mutual understanding that any of the Board’s requirements, rules, policies, and/or protocols, and federal and/or state laws, applicable to the Board’s employees to protect the school community from the COVID-19 pandemic or the spread of other communicable diseases, including, without limitation, the requirement to be vaccinated against the SARS-CoV-2 virus in compliance with Governor Lamont’s Executive Order 13G and applicable guidance from the Connecticut Department of Public Health (“DPH”), shall apply, to the extent permitted by law, to Vehicle Operators and other employees of the Contractor assigned to the Board. With respect to vaccination status, the Contractor agrees to (i) authenticate the vaccination status of Vehicle Operators and other employees of the Contractor assigned to the Board in a manner prescribed by the Board; (ii) maintain documentation of vaccination or exemption, if exemption is permitted by law, of such to Vehicle Operators and other employees of the Contractor assigned to the Board; and (iii) and report compliance to the Board prior to a Vehicle Operator or other employee of the Contractor being assigned to the Board and thereafter upon request in a form and manner directed by DPH.

4. OPERATION OF VEHICLES.

4.1. The operation of Vehicles, including the pick-up and drop-off of Students, must comply with the Board's Transportation Policy, as it may be amended from time. The Board shall provide any revisions to such policy to the Contractor.

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

4.3. Only individuals specifically designated or authorized by the Board will be allowed to ride Vehicles, provided that the Contractor may assign employees to ride the Vehicles upon notice to the Board.

4.4. The Parties agree that the Contractor shall have the necessary authority to supervise and control Students on the Vehicles pursuant to such rules as are from time to time adopted by the Board. The Contractor is responsible for knowing such rules. Such authorization shall not, however, include the right to remove any Student from the Vehicle before it reaches its destination or engage in any other act which is likely to result in injury or danger to any Student. In the event of disciplinary infractions by Students on Vehicles which in any way imperil safe operations, the Contractor shall require that Vehicle Operators shall stop the Vehicle and not proceed until discipline is voluntarily restored. The Contractor's office is to be immediately alerted via radio. The Vehicle Operator shall report, in writing, all such occurrences to the Contractor, and the Contractor shall notify the principal of the school concerned for action. The Vehicle Operator shall be in full charge of the Vehicle and shall allow no misbehavior. The names of any Students who misbehave or who cannot be managed by the Vehicle Operator shall be reported, in writing, to the appropriate school administrator and to the Board’s designee.

4.5. The Contractor shall be fully responsible for the care and supervision of Students during the transportation services. The transportation of a Student shall be deemed to have begun when such Student boards the Vehicle and shall be deemed to have ended when the Student has departed the Vehicle at the appropriate, safe place.

4.6. No kindergarten Students are to be released without adult supervision being present. If there is no adult to meet the Student, the Student is to be kept on the bus and the Vehicle Operator is to notify dispatch immediately for direction.

4.7. No Vehicle Operator shall allow children to leave a Vehicle except at scheduled stops unless otherwise authorized. Vehicle Operators are to remain in the Vehicle at all times when children are aboard, unless relieved by authorized personnel.

4.8. On all special trips, the Vehicle Operator shall return all students back to the school of origin. At no time shall any Vehicle Operator allow a Student on a special trip to disembark from any Vehicle at a location other than at the school or place of or origination.

4.9. Vehicle Operators shall report to the Contractor immediately all accidents of any nature. The Contractor shall furnish the Superintendent of Schools a written copy of each accident report with complete details within twenty-four (24) hours. The Contractor shall ensure that, in the event of an accident, with or without any serious or minor injuries, the Contractor immediately reports the accident to the office of the Superintendent of Schools.

4.10. Vehicle Operators shall not smoke or carry a lighted cigarette or other smoking device, including any vaping device, when on board or operating a Vehicle. Vehicle Operators shall not be in possession of or under the influence of alcohol or any other intoxicating substance, legal or illegal, when operating a Vehicle.

4.11. Vehicle Operators are responsible for limiting passengers only to those who are eligible to ride the Vehicle.

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

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

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

4.15. Vehicle Operators are responsible to ensure that all Students are seated and remain seated while the Vehicle is in operation. Students being transported in a small vehicle must be seated and seat-belted while the small vehicle is in operation.

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

4.17. Vehicles and Vehicle Operators must be available on thirty (30) minutes notice for early closing of one or all schools in emergencies and upon one day's notice for early closing of any one or all schools for staff workshops or other activities needed. All scheduled early closings or schedule differences from day to day will require the scheduled number of buses to be at each building on time without regard to other needs.

4.18. All Vehicles used by the Contractor to transport school children to and from Berlin Schools shall be garaged (except while undergoing repairs and maintenance) in Berlin for the year.

4.19. At least two (2) late buses shall be available for each Monday, Tuesday, Wednesday and Thursday for Berlin High School/McGee Middle School on designated routes. The buses are to be available no later than one (1) hour after school's closing, without regard to the other schedules or bus count. The mileage will be included within the mileage per diem total and all special trips are to be run without any consideration of the P.M. routes but will be included in the mileage per diem total.

4.20. The Contractor must make available one or more buses for the transportation of Students, teachers and other designated persons to and from special trips within Connecticut (unless an out-of-state location is agreed upon by the Parties). Payment for extra trips will be made in accordance with Exhibit A.

4.21. No Student shall arrive at school more than fifteen (15) minutes prior to the school opening in the morning. No Student shall remain at school waiting for transportation home for more than fifteen (15) minutes after school has dismissed.

4.22. After school, Vehicles shall not leave the school until at least five (5) minutes following dismissal. No Student will be dropped off at his or her bus stop later than fifty (50) minutes after leaving the school except under extraordinary conditions or as approved by the Board.

5. INSURANCE.

5.1. The Contractor shall purchase all insurance coverage for all Vehicles, including small vehicles. The Board and the Town of Berlin shall be designated as "additional insureds" on all policies. The liability coverage shall be maintained during the Term as follows: Bodily injury in the amount of $1,000,000 each claimant, $10,000,000 each accident, or greater as used by__________________ and be upgraded annually by May 1, subject to Board approval; also, $5,000 medical payments; property damage coverage shall be $1,000,000. Workers Compensation insurance shall comply with the law and any revisions of the same during the Term. The Contractor shall secure a Certificate of Insurance from the agent and have a current certificate on file with the Superintendent of Schools at all times during the life of the contract. The Board shall be given thirty (30) calendar days' advance notice by certified mail, return receipt requested, or by hand delivery, of any change to or cancellation of any or all insurance policies required under this Agreement. The policies required under this Agreement shall be with an insurance company with an AM Best Rating of A-VII or better licensed to write such insurance in the State of Connecticut. The Board will not be responsible for any damage to any vehicle either inside or outside by vandalism.

6. PERFORMANCE BOND.

6.1. For any contract year, the Contractor shall, provided that the Board so requires, furnish to the Board a Surety Performance Bond ("Performance Bond") with an option to renew each succeeding year of the Agreement in a form satisfactory to the Board assuring the faithful performance of the Agreement. The Performance Bond shall be equal to one hundred percent (100%) of each year's estimated Agreement price (excluding field trips) as reviewed and agreed upon by the Board, and shall be continued for the life of this Agreement in amounts equal to a hundred percent (100%) of each year's estimated Agreement price as reviewed and agreed upon by the Board. The Contractor must send such Performance Bond to the Board prior to April 1 prior to the commencement of each school year during the Term. Each such Performance Bond shall be furnished by a surety company acceptable to the Board and licensed or authorized to do business in Connecticut. Failure to deliver the bond shall be considered a default under the Agreement. Should the Agreement price for any year increase during the year, the Board may require the Contractor to provide a Performance Bond for the increase in the Agreement price for the remainder of the school year.

7. INVOICES/PAYMENT.

7.1. The Contractor shall submit an itemized invoice, substantially in the form attached as Exhibit B, as soon as practicable upon the conclusion of each month during the Term, but in any event not later than the tenth day of the following month.

7.2. Payment to the Contractor shall be made, following receipt and approval of an itemized invoice as required by this Agreement, in ten (10) monthly payments, within the week following the regular Board meeting of every month. The first payment shall be made in October of each school year during the Term. The last payment, for June of each school year during the Term, shall be made following the fiscal year's closing meeting of the Board in July.

7.3. The transportation services shall be provided by the Contractor for (180) one hundred and eighty days. The small vehicles are required to operate according to the needs of the Board without regard to any formal school year or the school calendar.

7.4. The Board, acting through the Superintendent of Schools or otherwise, reserves the right to cancel scheduled in person school days during the Term because of weather, pandemics/epidemics and/or other emergencies or threats to safety and to change the school calendar as necessary during the school year. The Board shall not be charged or otherwise penalized for such changes.

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

7.6. The Board may request that the Contractor perform additional tasks under this Agreement. Contractor shall perform such assignments in accordance with an agreed upon schedule and level of effort. Contractor will invoice the Board per an agreed upon cost structure for such additional services.

7.7. If in the event one or more Vehicles do not operate in compliance with this Agreement, over each independent route, on any school day, the entire daily cost of such Vehicle shall be deducted from the Contractor’s invoiced charges.

8. FUEL.

8.1. Fuel for buses and small vehicles is to be supplied by the Board.

8.2. The Contractor shall supply the tanks and pumps required to store, in a completely segregated manner, all Board-supplied fuel. The Contractor must supply meter readings monthly to the Board. The Board will buy all fuel and have the fuel required by this Agreement delivered to the segregated tanks provided by the Contractor.

8.3. Any Board-supplied fuel used for any purpose other than the provision of the transportation services will be considered a material breach of this Agreement. The Board reserves all rights and remedies under contract, including without limitation termination of this Agreement, and law in regard to unauthorized fuel usage by the Contractor.

8.4. The Contractor shall keep thorough and accurate records of fuel usage by each Vehicle on a daily basis. The Board may at any time during the Term require the auditing of fuel use by the Contractor. The Contractor shall promptly provide fuel usage records, corresponding odometer readings, and any other information required by the Board to inform such fuel audit.

8.5. The Contractor shall cooperate with the Board in the determination of fuel needs in accordance with the Agreement, including the provision of documentation in support of estimated fuel needs.

8.6. Any fuel needed while on trips where the purchase of additional fuel is necessary is the responsibility of the Contractor to acquire and will be billed at cost to the District.

9. ROUTES AND TIME SCHEDULES.

9.1. The Contractor will provide the services and technology necessary to develop and plan routes for all transportation services. The routing and the final approval of the transportation system will be under the direction of the Superintendent of Schools, or designee. The routing and development of the transportation system for any school year will be started by June 1 and must be completed by August 10. Liquidated damages in the amount of Five Hundred Dollars ($500) per day may be assessed by the Board for non-compliance with the aforementioned schedule.

9.2. Vehicle Operators must adhere to routes and time schedules as established and approved by the Board. Vehicle Operators who discover cause for a route or a time adjustment will report same to the dispatcher. Changes in routes and time schedules will take place only when properly authorized by the Board unless normal route is inaccessible. The Contractor will notify the District of route inaccessibility as soon as possible.

9.3. The Contractor agrees to maintain routes and time schedules as agreed with the Board. The Board reserves the right to determine, to change, and to control the routing of all vehicles used in the school transportation at all times if the need occurs. Actual bus stops are to be established in collaboration between the Board or its agent and the Contractor. The Board agrees that it will provide reasonable notice of any changes which become necessary or desirable in routes and time schedules.

9.4. The transportation system shall include the number of buses needed to maintain the kindergarten routes that are necessary to properly operate the homebound and the school-bound routes.

9.5. The transportation system includes inter-school routes, as required by the Board.

9.6. The transportation system is to include students attending private schools within Berlin designated by the Board.

9.7. The Contractor shall be aware that, at times, schools will operate on a reduced-time schedule and shall, therefore, be prepared for such deviations.

10. SPECIAL TRIPS.

10.1. Field Trips and Other Activity Trips: The Contractor agrees to furnish such Vehicles as the Board may need for the transportation of students on field trips, to athletic events, and other school-sponsored activities, either in or out of town. Trips will include the required waiting time for the purpose the trips have been planned. The price in Exhibit A includes the following: (a) Base cost for in-town trip, including 3-1/2 hours of waiting time; (b) per-mile cost for all out-of-town trips regardless of the locations. The mileage is to be calculated from Berlin Town Hall to the town or city hall in any town in the State. The basis for establishing the proper mileage is to be the State of Connecticut Register and Manual.

10.2. Out-of-State Trips: This Agreement does not include any out-of-state trips, unless otherwise expressly stated herein. The Board may use the Contractor or other transportation provider for out-of-state trips.

10.3. Small Vehicle Usage: The use of any small vehicles for any purpose other than the transportation of approved Students to approved locations will constitute a material breach of this Agreement.

11. COMPLIANCE.

11.1. The Contractor shall perform the transportation services in compliance with federal, state, and local law, as well as Board policy.

11.2. The Contractor must be familiar with any Board policies (including, without limitation, the Board’s Transportation Policy) or regulations which affect the services provided under this Agreement. The Contractor and the Contractor’s employees shall each be responsible for reviewing, at a minimum, on an annual basis, and complying with, all applicable Board policies in their forms as posted on the Board’s website as of July 1, 2022 or as otherwise provided by the Board to the Contractor, 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 the following web address: https://www.berlinschools.org/board_of_education/policies

11.3. Confidentiality of Student Records and Student Data Privacy. The Contractor shall comply with the Family Educational Rights and Privacy Act (“FERPA”) in its performance under this Agreement. The Parties shall execute the Student Data Privacy Addendum to the Agreement, in accordance with sections 10-234aa through 10-234dd of the Connecticut General Statutes, to identify 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 Agreement (Attached to this Agreement as Exhibit C).

11.4. Mandatory Reporting.

11.4.1. Reporting of Suspected Abuse and/or Neglect. In connection with the Contractor’s provision of services to the Board pursuant to this Agreement, any official, agent, and employee of the Contractor should be considered a mandatory reporter of abuse and/or neglect pursuant to Section 17a-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 the following web address:

https://www.berlinschools.org/board_of_education/policies

The Contractor agrees to review, and to cause any official, agent, or employee of the Contractor performing services under this Agreement 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.

11.4.2. Reporting of Information to Board Officials. The Contractor shall require its personnel to report any disturbances, irregularities, instances of inappropriate conduct of any type, or disciplinary infractions by students, which are observed during the performance of services to the Board pursuant to this Agreement, 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 of the Contractor, must report:

11.4.2.1. 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 pursuant to the Board’s Safe School Climate Plan and using the Board’s form, both of which can be accessed at the following web address:

https://www.berlinschools.org/board_of_education/policies

The Contractor agrees to review, and to cause any official, agent, or employee of the Contractor performing services under this Agreement 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.

11.4.2.2. 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 the following web address:

https://www.berlinschools.org/board_of_education/policies

The Contractor agrees to review, and to cause any official, agent, or employee of the Contractor performing services under this Agreement 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.”

12. RECORDS AND REPORTS.

12.1. Contractor shall promptly provide those reports and records which may be reasonably requested by the Board pertaining to students, routes, stops, mileage audits, fuel use and other information having to do with daily operations. In reviewing Contractor’s records, the Board shall protect the confidentiality of Contractor’s proprietary or confidential information included in the data provided.

12.2. Contractor shall maintain such records and submit such reports, as are deemed necessary by the Board and as negotiated between Contractor and the Board from time to time. All reports required by the Board shall be submitted on forms mutually agreed upon by the Parties.

12.3. The Board shall maintain the confidentiality of information disclosed to the Board which is deemed confidential and/or proprietary by Contractor or constitutes the Contractor’s trade secrets, and which the Contractor takes reasonable efforts to treat as confidential, and shall not disclose any such Contractor information to any person, unless required by law, without the prior written consent of the Contractor, which consent may be withheld in the Contractor’s sole discretion. Such information includes, but is not limited to: methods, procedures and operations; business plans; customer proposals; operating projections and sales results; financial and technical information; terms and conditions of customer agreements; documents and information regarding customers, suppliers, services, methods of operation, driver schedules, systems, sales, pricing, operating margins and costs; data and records; software and computer files and information; compilations and lists; customer, accounts and supplier information; know-how and technical information; business and financial information, such as business plans, methods of determination of rates,…