TRANSPORTATION SERVICES CONTRACTS by xld14276

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                      TRANSPORTATION SERVICES CONTRACTS

STATEMENT

It is the desire and intent of the Board of School Trustees for the Greater Clark County School
Corporation to comply in all respects with the procedures set out in the Indiana Code provisions
on School Transportation (IC 20-27 et al) when soliciting providers for transportation or fleet
contract routes.

RULES

1.   For the purposes of all transportation or fleet contracts awarded by Greater Clark County
     Schools, the following definitions shall apply:
     a. A “fleet contract” is defined by IC 20-27-2-5 with the number of fleet contract routes
        limited in accordance with Rule 7 below.
     b. A “fleet contractor” is defined by IC 20-27-2-6.
     c. A “transportation contract” is defined by IC 20-27-2-12.

2.   All persons, companies, corporations, or entities awarded transportation and/or fleet
     contracts by the school corporation shall be familiar and comply in all respects with the
     Indiana Code provisions on School Transportation located at IC 20-27 et al, and including
     IC 20-27-5 et seq.

3.   MANNER AND TIMING OF CONTRACT PAYMENTS – All payments issued to fleet or
     transportation contractors are done via Greater Clark’s Accounts Payable system.
     Payments will be made during a contract year and will be issued on a bi-monthly basis
     using 26 pays.

4.   DIRECT DEPOSIT OPTION – Greater Clark County Schools will provide a direct deposit
     option for fleet or transportation contractors whenever that option is available by the
     corporation’s software vendor. The anticipated date for availability of this option is
     December 2008. However, at such time as direct deposit for vendor contracts is available,
     fleet or transportation contractors will be allowed to choose to have contract payments
     issued in this manner.

5.   FUEL ADJUSTMENT FORMULA – The fuel escalation/de-escalation provision will be
     evaluated and/or adjusted on a quarterly basis during the term of the awarded contract. The
     vendors used to determine the initial value will be utilized to determine the escalation/de-
     escalation value, as applicable, during the term of the contract, provided said vendor is still
     in operation when the evaluations are performed. The transportation or fleet contractor
     shall have the option to reject the inclusion of the escalation/de-escalation provision in an
     awarded contract as part of the contract award negotiation process.

6.   CONTRACT TERMS/NEW BUS – At any time that a contract is negotiated that includes
     the purchase of a new bus, the contract term may be negotiated up to a ten (10) year limit.




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     The actual term of the contract will be part of the negotiation process between the
     contractor and Greater Clark representative(s).

7.   FLEET CONTRACTS/LIMITATION ON NUMBER OF ROUTES – Any bidder may
     submit a proposal for more than one (1) route as a fleet proposal; and if awarded a contract
     for more than one (1) route, he/she is deemed a “fleet contractor” and shall be required to
     enter into a fleet contract per IC 20-27-5-26 et seq.; provided, however, no person or entity
     shall be awarded or have a fleet contract of more than five (5) bus routes.

8.   The school corporation shall develop specifications for the contracted routes in accordance,
     at a minimum, with IC 20-27-5-9 by including:
     a. A description of the route for which the contract is to be let.
     b. The approximate number of students to be transported on the route.
     c. The approximate number of miles to be traveled each school day on the route.
     d. The type of school bus equipment required to be furnished by the school bus driver or
         fleet contractor, including the seating capacity of the equipment required, if applicable.
     e. The amount of public liability and property damage insurance coverage required to be
         furnished by the school bus driver or fleet contractor, as follows:
           i. Insurance - The owner/driver shall obtain and maintain during the life of the
               contract Public Liability and Property Damage Insurance coverage as shall protect
               him/her, any substitute, agent or employee, as well as the Greater Clark County
               School Corporation’s Board of Trustees, their employees, agents and assigns from
               claims for damage for personal injury, including accidental death, as well as from
               claims for property damage which may arise from fulfilling the terms under the
               contract, whether such operation be by owner/driver, a substitute driver; and
               employee or agent; the amount of such insurance shall be as follows:
               1. Public Liability in an amount not less than $500,000 for injuries including
                    accidental death to any one (1) person, and subject to the same limit for each
                    person in an amount of not less than $1,000,000 on account of one (1)
                    accident, and Property Damage Insurance in an amount not less than
                    $100,000. Medical payment for each person, $5,000.
               2. Further, Greater Clark County School Corporation, its Board of School of
                    Trustees, employees, agents and assigns shall be named as an additional
                    named insured on said insurance policies.
          ii. A valid insurance policy shall be filed with the Chief Financial Officer (CFO) at
               the time of signing the contract. This policy will be retained in the CFO’s office.
               Realizing that some premiums for insurance are paid on a monthly, quarterly or
               semi-annual basis, it is the owner/driver’s responsibility to provide verification to
               the CFO of the method of payment for said coverage and proof that the payments
               are made as indicated. This proof can be provided on an annual basis during the
               term of the contract.
     f. The amount of surety bond required to be furnished by the school bus driver, as
         follows:
           i. The driver awarded the contract shall provide a performance bond to the
               Corporation for each year of the contract in the amount of $2,500 per year made
               payable to Greater Clark County Schools.



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          ii. Failure on the part of the driver awarded the contract to provide the per year
              performance bond on or before August 1 of each year, for each year of the
              contract shall result in the driver being in breach of the contract.
      g. The length of the term for which the contract may be let.
      h. Any other relevant information necessary to advise a prospective bidder of the terms
         and conditions of the transportation or fleet contract, including:
           i. Earnest Money Deposit: Each proposer shall submit a certified or cashier's check
              with his/her route(s) proposal in the amount of five hundred dollars ($500.00) for
              each proposal submitted as assurance of his/her intent to make a proposal.
          ii. Said check to be returned to unsuccessful proposer; to successful proposers, check
              will be retained until he/she makes the first run as per the awarded contract.

9.    The Board of School Trustees shall adopt the specifications for transportation and fleet
      contracts before entering into a transportation or fleet contract per IC 20-27-5-8.

10.   The specifications shall be prepared and placed on file at the school corporation’s
      Administration Building located at 2112 Utica-Sellersburg Road, Jeffersonville, Indiana
      and at the location of the Transportation Department’s main office at least fifteen (15) days
      before the advertised date for beginning negotiations or receiving proposals or bids.

11.   Per IC 20-27-5-7, transportation or fleet contracts will be:
      a. Negotiated and let after receiving bids on the basis of specifications, as provided in
          section 10 of Indiana Code 20-27-5-10.
            i. The Board of School Trustees shall give notice to the public at least ten (10) days
                before beginning negotiations or receiving proposals for transportation or fleet
                contracts.
           ii. Notice shall be given in the manner provided by IC 5-3-1 and must include the
                following information:
                1. That the governing body will negotiate, receive proposals or receive bids for
                     transportation contracts and fleet contracts on a specified date.
                2. That the governing body will execute contracts for the school bus routes of
                     the school corporation.
                3. That the specifications for the routes and related information are on file at the
                     Administration Building for Greater Clark County Schools located at 2112
                     Utica-Sellersburg Road, Jeffersonville, Indiana and at the transportation
                     office location.
                4. That a transportation or fleet contract may not be negotiated until notice has
                     been given per IC 20-27-5-10.

12.   It shall be within the Board President’s discretion to appoint a board member to serve on
      the negotiation team.

13.   Contract Award Procedure/Reverse Auction:
      a. Each person submitting proposals will be invited to a negotiating meeting at such
         location as is designated in the specifications and legal notice.
      b. Each route is subject to negotiation of the terms of the proposal using the following



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         procedure:
          i. Contracts with Opposition - Other Proposer:
              1. Separate all proposals by geographical areas.
              2. Route proposals will be negotiated in numerical order. Offer route to lowest
                  proposer; ask for counter-proposal and continue until lowest responsible
                  proposal is received.
                  a. At that time negotiations for the final route value will occur.
                  b. Continue with each route, same procedure.
              3. After completion of last route, calculate the "daily" and the "cost-per-mile"
                  for each area and the system wide total.
              4. Contract signing pending Board approval.
              5. Successful bid awards will be made available to the public after Board
                  approval.

          ii.   Contracts with No Opposition - No Other Proposals:
                1. Separate routes by geographical area.
                2. Call each route and proposer, one at a time, to the table and negotiate.
                3. Criteria to be used for negotiations - cost-per-mile, age of bus, route
                    conditions, etc.
                4. If agreement is reached, recommend award of Contract.
                5. Contract signing pending Board approval.
                6. The Board reserves the right to conduct such negotiations in such manner as
                    it deems satisfactory.
                7. If no proposal is satisfactory, the Board reserves the right to reject all
                    proposals.

14.   If a transportation or fleet contract is to be let for more than one (1) full school year, the
      contract must be let before May 1 preceding the beginning of the first school year covered
      by the contract with the following exception:
      a. A contract that is let after May 1 preceding the beginning of the first school year
           covered by the contract is valid if the contract was let after May 1 due to an emergency
           situation.
      b. The Board of School Trustees shall have the right to declare an emergency situation, as
           needed, to comply with provision 14.a.

15.   In accordance with IC 20-27-5-12, contracts shall be awarded to the lowest responsible
      bidder, subject to:
      a. The governing body reserving the right to reject all bids per IC 20-27-5-14.
      b. No bids are received and the governing body re-advertises or negotiates a contract
          without further advertising.

16.   In accordance with IC 20-27-5-15, the governing body may alter a school bus route at
      anytime. If the altered route is longer than the route in the original contract, the school bus
      driver or fleet contractor shall be paid additional compensation for each additional mile or
      fraction of a mile. The additional compensation shall be based on the average rate per mile
      in the original contract.



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17.   Transportation and/or fleet contracts may be assigned in accordance with IC 20-25-5-19.

18.   Transportation and/or fleet contracts may be amended or terminated in accordance with the
      provisions set out in IC 20-27-5 et seq.

19.   If there are provisions in Indiana Code 20-27 et al. that are amended or added that change
      the intent of the provisions set out in this policy, Indiana Code prevails as the applicable
      law for transportation or fleet contract services.


Reference:       Indiana Code Provisions IC 20-27 et al, as applicable; IC 20-27-5 et seq.
Adopted:         October 9, 2007




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