13 Attachment 2 - Agreement - Santa Barbara Transportation dba Student Transportation of AmericaAGR S( 235 i
IHH 16-374
CONTRACT FOR FURNISHING STUDENT TRANSPORTATION SERVICES
This contract ( "Contract "), is entered into this _day of September, 2018 ( "Effective Date "), between the Town of
Los Gatos ( "TOWN" or "Town ") and Santa Barbara Transportation Corp. doing business as Student Transportation of
America, a California C corporation ( "Provider").
Recitals
WHEREAS, in order to reduce traffic congestion in the Town of Los Gatos, TOWN desires to obtain student
transportation services for students attending targeted schools within a geographic area under the terms and
conditions of this contract.
WHEREAS, Provider states and declares that it can furnish this student transportation in accordance with
the terms and conditions of this Contract; and
WHEREAS, this Contract was awarded by TOWN to Provider, and Provider has provided the requisite
insurance certificates and other documentation required by TOWN.
NOW, THEREFORE, the parties agree as follows:
1. General Provisions
a. Incorporation by Reference; Hierarchy of documents the following documents constitute this Contract:
I. Contract
ii. Request for Proposals (RFP)
iii. Provider's Proposal and supplemental written responses dated August 21, 2018
In the event of any conflict in the various terms of these documents, the terms of this Contract
shall control over the other documents, while the terms of the Request for Proposals shall control
over the Provider's Proposal.
b. Compensation
Compensation for the Provider's services shall not exceed $328,189, inclusive of all costs, based on
the Cost Proposal in Exhibit 1, according to Basis for Provider Compensation on Section 5.
c. Contract Term
The initial term of this Contract is fortwo (2) years beginning on the Effective Date noted above, for service
provided between January 1, 2019 and June 30, 2020.
d. Amendments to this Contract
The Contract may be amended by mutual written agreement of the parties. Amendments may be
proposed by either party in writing and delivered to the address for the giving of notices provided
elsewhere in this Contract.
e. Option Terms for Renewal Beyond Contract Term
The Contract is renewable by mutual agreement of the parties for a maximum of three (3) additional one -year
terms. The negotiation of the terms and conditions of any option extension shall occur on or before June 15th of
the preceding contract year. The Contract, as renewed, shall include all the terms and conditions of this Contract
ATTACHMENT 2
not expressly modified during negotiations.
f. Termination
I. Termination for Cause
If the Provider fails to comply with a term or condition in this Contract, or if the Town determines that the
Provider is in any other way unfit, unqualified, or unable to perform the transportation needs of the Town
under this Contract, except due to circumstances described in Section IA.D. Force Majeure, above, the
Town shall notify the Provider, in writing, as to the nature of the deficiency. If the deficiency is not
remedied, or arrangements satisfactory to the Town for the correction are not made within thirty (30) days
from the date of the notice, the Town may terminate the Contract by providing the Provider with fifteen
15) days' notice of termination. If the deficiency is a loss of certification or a loss of insurance coverage,
the Town may terminate without providing a thirty (30) day cure period.
ii. Damage Provisions
If the Town terminates this Contract for cause, the Town may secure replacement services described in
this Contract from another firm or provide service itself for the remainder of the Contract's duration. If the
cost of the replacement service exceeds the cost of services under the rates in the Contract, the
reasonable excess cost shall be charged to and collected from the Provider.
iii. Termination or Modification of Service due to Budget Decisions
Provider understands that during the term of this contract, the Town adopts a budget annually effective
July 1 of each year. Payments by the Town to Provider under this contract are subject to the annual
appropriation offunds through the budget process. The Town may terminate, reduce or modify Provider's
services without further obligation upon giving Provider seventy (70) day's written notice.
g. Legal Compliance
Provider will comply with any and all applicable federal, state, county, municipal, and local laws, statutes,
ordinances, policies, regulations, and/or prohibitions currently in force or that may come into force during
the term of this Contract that pertain to the provision of student transportation services to TOWN. Vehicle
equipment and services covered by this Contract must comply with applicable laws, ordinances and other
legal requirements, including, but not limited to the Federal and California Laws, rules and regulations
governing the operation of school transportation vehicles, the pertinent provisions of the California Vehicle
Code and California Education Code, the pertinent provisions of the California Code of Regulations,
pertinent provisions of the California Highway Patrol and Motor Vehicles Rules and Regulations, and
policies, regulations and directives of the State Board of Education and the Santa Clara County Office of
Education and County Superintendent of Schools, and the Town. School bus fuel storage tanks must be
DOT certified. Provider shall comply with California Education Codes 45125.1, which requires, in part, that
employees having any contact with students while performing a contract with a school district, must submit
or shall show evidence of current acceptance of their fingerprints in a manner authorized by the Department
of Justice. Provider shall provide the Town with evidence of compliance with the California Education Code
fingerprinting requirements prior to performing any services under this Contract.
This obligation of compliance extends to every aspect of student transportation service provision
including, but not limited to: school buses and related vehicles; school bus equipment; school bus licensing;
employee training; employee certification; driver licensing; employee background checks; employee drug
and alcohol testing; first aid certification; emgrgency preparedness; environmental compliance; fueling;
traffic and parking; and others.
iii. Provider is responsible for having full knowledge of all such laws, statutes, ordinances, as well as any
applicable policies or regulations at all times over the term of this Contract.
iv. This contract is made in Santa Clara County and shall be constructed in accordance with the laws of the
State of California. Venue for any litigation shall be Santa Clara County.
v. Nonexclusive Contract
Nothing in this Contract limits the rights of TOWN to contract separately with other vendors for transportation
services of any kind, provided however, Provider shall be the exclusive vendor for the regular education
school transportation services provided under this contract.
vi. Failure to Enforce a Default or Other Right
The failure by either party at any time to enforce a default or right reserved to it, or to require performance
of a term, covenant, or provision by the other party at the time designated, is not a waiver of any such default
or right to which the party is entitled nor shall it in any way affect the right of the party to enforce such a
provision later.
vii. Severability
Should any part of this Contract be found illegal or invalid for any reason, that part alone shall be severed
and such invalidity shall not affect other provisions of this Contract which can be given effect without the
invalid provision, and the remainder of this Contract shall remain in full force and effect.
viii. Dispute Resolution
The parties agree to meet and confer in good faith on all matters and disputes under this Contract.
ix. Paragraph Headings
Paragraph headings are for convenience and are not to be considered as included in the Contract
language.
x. Survival
Allobligations arising priortothetermination ofthis contractand all provisions of this contractallocating liability
between TOWN and Provider survive the termination of this contract.
A. Entire Contract
The Contract includes all the documents referred to in paragraph 2.a. All agreements between the parties are
included and no warranties, expressed or implied, representations, promises or statements have been
made by either party unless endorsed in writing and no change or waiver of a provision shall be valid unless
made in writing and signed by the parties.
h. Provider's Licensing, Insurance and Indemnity Obligations
I. Permits and Licenses
Provider shall obtain and maintain in force the licenses and permits required by law for furnishing K -12
student transportation services.
ii. Insurance Requirements
Provider shall furnish evidence of insurance covering all operations under this Contract in a form and with
companies acceptable to TOWN as follows:
Liability Insurance- LIMITS OF LIABILITY (MINIMUM): $5,000,000 combined single limit per
occurrence /aggregate for automobile liability, including bodily injuries and property damage;
10,000,000 combined single limit per occurrence /aggregate for general liability, including personal injury;
Provider shall provide for a minimum of $5,000,000 of this insurance with a company orcompanies admitted
to conduct business in the State of California by the State Commissioner of Insurance. Provider may
provide the excess $5,000,000 through $10,000,000 in coverage with a reputable insurance company
through a surplus lines broker. Self- insurance is not acceptable. All insurance is subject to approval by
TOWN.
Insurance shall provide coverage for passengers from the time they are delivered into the custody of
Provider or the custody of Provider's employees, when being picked up at home, school, or other
designated location, until Provider or Employees release them to the school or designated location;
Provider shall not begin work under this Contract until Provider has obtained at its own expense all the
insurance required under this section, and until such insurance has been approved by TOWN. Approval of
the insurance by TOWN does not relieve ordecrease the liability of Provider under the terms of the Contract;
and
Provider shall furnish to TOWN by the effective date of the Contract and by June 15th of each year thereafter
in which the Contract is in force proof of the insurance coverage described above in a form and with
companies acceptable toTOWN.
The Policy shall contain the following provisions:
The Town of Los Gatos. Los Gatos Union School District and Los Gatos — Saratoga Union High
School District are additional insureds for all liability arising out of the operations by or on behalf of
the named insured, and protects the additional insured, their officers, agents, and employees against
liability for bodily injuries, deaths or property damage or destruction arising in any respect directly or
indirectly from the performance of the Contract;
The inclusion of more than one additional insured will not operate to impair the rights of one insured
against another insured and the coverage's afforded will apply as though separate policies have been
issued to each insured. The inclusion of more than one additional insured does not increase the limit
of liability under the policy;
The insurance supplied by Provider is primary, but only with respect to liability arising out of the
performance under this Contract. Insurance held or owned by TOWN, Los Gatos Union School District
and Los Gatos — Saratoga Union High School District is not contributory.
Coverage provided by the policy will not be reduced or canceled without sixty (60) days written notice
given to TOWN by certified mail; and
The insurance must be occurrence based, and not a claim made policy (policies). Certificates of
insurance must be evidence this.
The following documentation of insurance shall be submitted to TOWN and approved before beginning
work:
Certificates of insurance showing the limits of insurance provided; and
Signed copies of the specified endorsements for each policy
Workers Comoensation Insurance Provider shall maintain in effect during the entire life of the Contract
Workers Compensation and Employer's Liability Insurance providing full statutory coverage, or shall
undertake self- insurance in accordance with applicable statutory requirements of the State of California. In
signing this Contract, Provider makes the following certifications, required by sections 1861 of the
California Labor Code:
1 am aware of the provisions of Section 3700 of the California Labor Code which requires every
employee to be insured against liability for workers' compensations or to undertake self- insurance in
accordance with the provisions of that code, and I will comply with such provisions before commencing
the performance of the work of this contract."
Property Insurance — Provider shall maintain a policy, or obtain coverage through its landlord's policy, for
property insurance covering the shop buildings and related personal and real property. Such insurance
shall be sufficient at minimum to repair or pay the depreciated value of the damaged property.
iii. Hold Harmless /Indemnification
Provider agrees to indemnify, hold harmless and defend (with legal counsel of their choosing) TOWN, Los
Gatos Union School District and Los Gatos — Saratoga Union High School District, their officers, agents,
and employees from and against all claims, damages, losses and expenses, including reasonable costs and
attorneys' fees arising out of or resulting from the performance of the Contract. Such indemnification
obligation also includes, but is not limited to, claims of injury to Provider's employees (and their heirs) while
in the course and scope of their employment under this Contract. Notwithstanding the foregoing, Provider
will not be required to indemnify, hold harmless, or defend TOWN from any claims, demands, or causes
of action arising from the sole gross negligence or intentional misconduct of TOWN.
2. Student Transportation Service Requirements
a. Transportation Service Provision — Programs, Types, and Volume
i. Provider will furnish school transportation services to and from destinations assigned to Provider by
TOWN under this Contract. Transportation services may also include, at TOWN's sole discretion, training
runs, mid- and /or post -day routing between schools and specific educational programs before, during, or
after the regular school day.
ii. TOWN reserves the right at any time during the term of this Contract to alter rider eligibility policies and
other parameters that may increase or decrease the amount of service to be provided in accordance with
this requirement.
iii. Scope of Work. The transportation services shall be provided by buses and at such times and places and
in such manner as shall be specified by the Town. As the School District may change class hours and
adjust starting times, the Town may increase or decrease service. Such increase or decrease may result
from service demand, budgetary needs, or other factors. These service level adjustments may result in
periodic increases or decreases in the number of days of the school year requiring student transportation.
iv. The Town reserves the right to increase or decrease the number of routes, school days, stops and other
operational elements, during which the TOWN would operate student transportation service within the
contract period. Should the Town increase or decrease the scope of services, then the Town will enter
into negotiations with the Provider to estaglish a mutually agreeable daily base rate to reflect the
incremental increase or decrease in operating days.
b. Transportation Service Provision — Operating Parameters
Provider will furnish the required services in conjunction with the parameters established by the terms of
this Contract as may be amended from time to time by mutual written agreement of the parties hereto,
and pursuant to all established federal, state and local laws, rules and regulations.
Route Development
The draft routes and schedules will be provided by the Town. Verification of transportation routes and
schedules shall be the responsibility of the Provider and proposed changes furnished to TOWN for review
not later than one (1) month prior to the commencement of service in each Contract year. TOWN shall
provide written approval of the routes no later than two (2) weeks prior to the commencement of service
in each Contract year. It will be the mutual responsibility of Provider and TOWN to resolve any issues and
concerns with the transportation routes.
iii. Provider is to perform the routes and route packages agreed upon, exceptthat:
Deviations may occur based upon:
a. A particular day's schedule or weather;
b. Unforeseen traffic situations or incidents;
c. The bus driver or Provider's concern that following the prescribed route creates an
unsafe circumstance; or
d. An emergency.
Provider will immediately report to TOWN, in accordance with the designated communication plan,
the following exceptions associated with performing the routes as designed:
a. Zero (0) riders at morning or afternoon bus stops;
b. Late arrival at a particular school in the morning of five (5) minutes or more;or
c. Late departure from a particular school in the afternoon of five (5) minutes or more.
Provider will immediately report, in a manner acceptable to TOWN, the following exceptions
associated with performing the routes as designed:
a. Road closure causing a route deviation;
b. Any route turns, turnarounds or route paths that should be altered to reduce unnecessary
travel or minimize potentially unsafe circumstances;
c. Any bus ridership that is beyond the parameters established as acceptable by TOWN;
Provider will make every effort to notify TOWN of route changes at least three (3) school days
before the change is to occur.
Provider will comply with route change orders from TOWN within three (3) school days of
notification.
3. Provider Accountabilities &Responsibilities
a. Safe Service
i. Student, constituent, and Provider employee safety is paramount and will be the highest priority
consideration in the delivery of services under this Contract.
ii. Provider shall immediately inform TOWN of any current policies, regulations, procedures, or practices that
may conflict with safety prioritization.
iii. Provider shall not intentionally compromise safety in order to achieve any of the requirements of this
Contract.
iv. Provider shall not intentionally perform an unsafe act to achieve contractual or related performance criteria.
V. Provider will immediately perform any service necessary to address a safety concern whether or not it is
specifically required by this Contract.
b. Appearance of Provider Resources
i. The appearance of Provider's vehicles, facilities, work areas, and employees will meet customary and
reasonable standards for the student transportation industry.
ii. Provider shall require all drivers wear uniform with the company's name and logo at all times when
performing duties.
c. Provider Employee Conduct
i. The conduct of Provider's employees will meet the customary and reasonable standards for the student
transportation industry.
ii. Provider will be responsive to written direction provided by TOWN as to any personnel or conditions deemed
to be insufficient relative to these standards.
iii. TOWN may, at its sole discretion and at any time over the term of this Contract, mandate a change to
Provider's management personnel if TOWN determines that Provider's repeated and progressive efforts to
resolve a specific and documented shortcoming identified by TOWN have been unsuccessful.
iv. Provider must comply with any TOWN request for the removal of an employee providing service underthis
Contract if such removal is deemed to be in the best interest of TOWN, and on submission of written
documentation to Provider documenting the reasons for the request.
d. School Bus Driver Requirements
i. General Requirements
The Provider shall provide qualified drivers for each vehicle, employed, trained and licensed in accordance
with the California laws, rules and regulations governing the operation of school transportation vehicles,
and experienced with the regulations and handling and supervision of students. All drivers shall be certified
by the California Highway Patrol. It is the Town's intent to provide high - quality transportation services and
to ensure the safety and comfort of the School District's students. Toward that end, the Provider shall
uphold the following standards for personnel:
Provider shall take reasonable steps to prevent its employees from exposing any pupil to impropriety of
word or conduct. Provider shall not knowingly permit its drivers to smoke on the bus, to drink any intoxicating
beverage, or to be under the influence of drugs or alcohol while operating any bus. Provider shall at all
times abide by applicable local, state and federal laws and regulations in its hiring practices.
The use of tobacco and the possession or use by any person of alcohol, controlled substances, illegal
drugs, firearms, knives, or other weapons on school buses is prohibited.
ii. Pre - employment Screening
The Provider shall develop and implement an employment screening program for all candidates for
employment. Provider has identified its screening programs in its proposal. These screening programs
shall be at least adhere to state screening requirements and California Highway Patrol screening
requirements and shall be designed to assist the Provider in determining the candidate's suitability for
assignment to student transportation services. All drivers shall meet Town training, safety, and operational
requirements, as specified herein and/or specified in the RFP.
iii. Credentials and Related Requirements
Licenses and Permits
Every driver employed by the Provider to provide service to the Town must have and maintain a
valid Class B or other legally required California Commercial Drivers License, a valid Passenger
Endorsement, a valid California School Bus Driver's Certificate, and any other applicable license or
permit. Every driver shall possess all other licenses and certifications required by federal, state and
local law. Upon request of Town, Provider shall provide evidence that all personnel meet these
requirements.
Health Requirements
Each school bus driver employed by the Provider to provide service to the Town shall pass physical
exams per the State's licensing requirements. Provider shall establish and maintain a record -
keeping system to assure that each driver meets the requirements per the Provider's employment
contract. This system shall be available for review by the Town or its designee upon request.
Background Checks
Provider shall perform criminal and driving record background checks of all personnel employed in
the operation of the service, and shall provide evidence that no employee utilized in the operation of
service is listed in the Child Abuse Registry or Sex Offender Registry.
iv. Training Requirements
The Provider shall provide or arrange for all legally required and other training as is needed to
ensure that qualified drivers are available to provide transportation services described in this
Contract.
Before a driver may transport students for the Town, the driver, whether permanent, temporary,
or substitute, must have completed original training as specified by California Vehicle Code and
other training as required by law. In addition, every driver must each year complete such in-
service training as is required by the California Code of Regulations and the California Education
Code in order to maintain a valid School Bus Driver's Certificate.
At least once each year before beginning service for each school year, all drivers, whether
permanent, temporary, or substitute, shall participate in a Town- approved, Provider - provided
orientation program. The driver orientation shall include, but not be limited to: student management;
communication with parents, schools and the general public; discipline on the school bus; defensive
driving; first aid; use of all safety equipment for the school bus; plan for emergency evacuation
students; use of two -way radio; orientation in the routing and scheduling system used by the Town.
This orientation program may count towards the driver's mandated in- service training for the year.
The Town reserves the right to call periodic bus driver training meetings requiring mandatory
attendance of all drivers servicing student. Such meetings may not exceed three (3) hours per year
per driver, not including travel time. The Provider shall assume the costs associated with drivers'
wages as a result of these meetings.
Each driver shall have had CPR training and First Aid Training and shall hold valid First Aid
Certificate and CPR Certificate issued by the American Red Cross or an organization of
comparable status.
Safety is of paramount concern to the Town. In recognition of this priority, the Provider shall plan
and implement a comprehensive safety program and shall ensure the availability of estate certified
School Bus Driver Instructor to conduct the program. The program shall include regularly scheduled
safety meetings for drivers. The agenda of the meetings shall be available to the Town. Time spent
in safety meetings may be counted toward annual in- service training requirements.
The Provider's management staff shall evaluate all drivers on their routes for the purpose of
observing their driving practices with respect to safety, mechanical operation, compliancewith
laws, policies and regulations, adherence to established routes and schedules, handling of
students, and other factors inherent in the transportation of students. The Provider shall evaluate
all drivers once every six (6) months during their first year of employment with the Provider and
one (1) time per year thereafter. A copy of each evaluation report shall be made available to the
Town upon request.
V. Other Requirements
Identification Badges
Each driver shall be well- groomed, appropriately dressed in Provider uniform shirts with the
company name and logo and shall wear a company identification badge with name and photo at
all times while driving students for the Town.
Time Pieces
Provider shall require each driver to have an accurate time piece while on duty to maintain
established scheduled route times.
Radios
Each driver shall have knowledge of the operation of the mobile two -way radio and all Federal
Regulations covering its use.
Messages
Each driver shall be required to check in with Provider for messages via radio each morning and
afternoon as the driver begins a route.
Unsafe Equipment
In addition to all other safety requirements, each driver shall also be responsible for notifying the
Safety Program Supervisor of equipment suspected to be unsafe for transportation use. A driver shall
not continue to operate a school bus if safety is compromised until the usafe condition is sufficiently
remedied.
Policies and Procedures
Each driver shall be familiar with and shall abide by the rules, policies and procedures of student
transportation as provided by the State of California and the Town.
Temporary Removal of a Driver
If a concern arises regarding appropriateness of a driver's conduct on a route, the Provider shall,
upon receipt of notice from the Town, immediately temporarily remove the driver from the duty of
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conveying a student until such time as the concern is resolved to the satisfaction of the Town.
Change of Route Assignment
The Town reserves the right to change the route assignment of a driver if the best interest of
student transportation will be served, according to the Town.
Student Transfers
A driver may not transfer a student to or from another vehicle going to or coming from school
except in case of emergency or equipment breakdown, or unless the bus schedule specifically
calls for such transfer.
Lateness
A driver shall contact the dispatcher immediately upon determination that the bus will be in excess of
five (5) minutes late in the pickup or delivery of students. Dispatch shall immediately notify all
necessary persons, including parents, schools and the Transportation and Mobility Manager in a
manner previously agreed by the Town.
vi. Discipline on the School Bus
For the purpose of passenger safety, the bus driver shall require that bus riders comply with the
Safety Rules established by the Town.
A driver who experiences a discipline problem and cannot identify an individual for citation shall file
an incident report with the Provider. The Provider will report serious or persistent student misconduct
to the Transportation and Mobility Manager.
vii. Drug and Alcohol Detection and Use Prevention
The Provider shall implement a comprehensive drug and alcohol detection and use prevention policy
designed to be used for all employees of the Provider who will be performing services under this Contract,
including both drivers and mechanics. The Policy shall be submitted to the Town and approved before
Provider begins work.
e. Provider Vehicles
Provider shall provide buses per the requirements in the RFP, equipped with engines meeting
current California air quality standards for the Contract. Each bus must be properly certified by the
California Highway Patrol, and meet all requirements of the California Code of Regulations and the
California Vehicle Code.
Provider will adhere to a minimum spare vehicle requirement of ten percent of all regular daily
routes operated from the Provider's facility.
Provider will repair and maintain all vehicles, at a minimum, in accordance with vehicle
manufacturer recommendations and California regulations.
All vehicles used in furtherance of this Contract shall be model year 2015 or newer at the start
of the Contract.
Provider will submit an inventory of their vehicle fleet to be assigned to the provision of services
under this section of the Contract, with content and in a format acceptable to TOWN, a minimum of
15 days prior to the commencement of services under this Contract, and at least one -month prior to
each subsequent annual anniversary date of the Contract.
ii. Provider will supply all of the vehicle equipmentjequired for service delivery.
iv. Provider vehicles will be equipped with seat belts as required by State statute and two -way voice
communications to Provider's dispatch facility.
V. All vehicles shall be kept in a safe, clean, and sanitary condition, and open for examination at all times by
TOWN. Buses will maintain an acceptable level of physical appearance as determined by TOWN, including
but not limited to, seat condition, exterior paint, and clean windows and mirrors.
vi. Each Provider vehicle will be equipped with Automatic Vehicle Location (AVL/GPS) devices of a type and
quality sufficient to interface with, and/or transfer data to TOWN. The data available to TOWN must, at a
minimum, enable calculation of the Minimum Service Level Criteria of this Contract, and adequately support
the Town's Performance and Staffing Management Program. If deemed necessary, Provider will conduct
calculations for Minimum Service Level Criteria for TOWN.
vii. TOWN, may call for the removal, with written cause, from service under this Contract of any bus used as
part of this Contract that in their opinion does not meet the requirements of this Contract. Provider, upon
written notification by TOWN, shall immediately cease to utilize the specific bus for any work, direct or
indirect, that relates to this contract.
viii. Provider shall provide and maintain only certified school buses which meet applicable regulations and laws
relating to student transportation in California, including relevant requirements of the California Vehicle
Code and the California Code of Regulations and applicable rules, regulations, and orders of the California
Highway Patrol and the California Education Code. The Provider shall furnish to the Town certificates of
compliance and copies of California Highway Patrol inspections certifying that all buses furnished under
this Contract are in compliance with the Vehicle Code and the Regulations of the State Board of Education.
All fuel tanks must be DOT certified.
ix. Inspection and Maintenance of Buses
The Provider shall maintain regular and standby school buses in good and safe mechanical and operating
condition. The school buses shall be maintained in accordance with all applicable regulations and laws
relating to student transportation in California, including all relevant requirements of the California Vehicle
Code and the California Code of Regulations, all applicable rules, regulations, and orders of the California
Highway Patrol, and the California Education Code. The Provider agrees to submit the completed
inspection schedule forms. Each bus shall be maintained in clean and sanitary condition and shall have
good interior and exterior appearance. The Town reserves the right to access the Provider's terminal facility
at any time and inspect buses to ensure that they are maintained in good, safe, clean and sanitary condition.
Software, Hardware and Related Technologies
i. Provider will provide the software, hardware, and technical services necessaryto:
Provide TOWN with direct electronic access, via electronic file transfer or direct data system
access, to Provider's AVL/GPS data.
Ensure all buses are outfitted with functioning video recording cameras.
View required data from digital video recording cameras and store data up to seven (7) days.
If providing direct data system access to Provider systems, TOWN's access to data will be restricted so as
not to interfere with the integrity of the data system or with Provider's operations, and can be limited to
ensure the privacy of Provider information unrelated to this Contract.
g. Pre -service Route Verification
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I. Provider will perform one dry run, defined as operating each bus at the scheduled times on a regular school
day but without students on board, for each assigned route and route package not less than ten (10) days
preceding the first day of school in each school year falling within the term of this Contract.
ii. Provider shall obtain approval of the date and time of the dry run from the TOWN. This process will be
coordinated with TOWN who may monitorthe process without restriction. TOWN and Providerwill meet within
seven (7) day following completion of each dry run to assess the outcome of the dryrun.
iii. Provider shall not be separately compensated for the dry run.
iv. If TOWN deems, at its sole discretion, that an additional dry run is necessary, TOWN may require one
additional partial or full dry run to be performed for any route or route package. In that event, TOWN will be
responsible for compensating Provider at the rate(s) included in Exhibit 1.
h. Other Provider Responsibilities
Provider will be responsible for providing all services related to the provision of Transportation Service not
otherwise noted in, and not specifically reserved for TOWN by this Contract. No additional compensation
shall be provided for these services. These services include, but shall not be limited to:
Coordination of student behavior management on school buses with school officials;
State and TOWN- mandated data collection, reporting of accident investigations; and
Customer service activities to TOWN, school officials, parents and guardians. This shall include
providing information to parents about bus schedules and stop times, tracking lost items, accepting
and resolving bus transportation complaints, concerns and compliments. Provider's main telephone
line may be published on Town's website and communications to encourage its use for these
purposes.
Provider shall submit to Town a monthly performance report that will include the number of bus riders
each day by route, the on -time performance of each route, the number of bus accidents, a summary of
service complaints received and their resolution and any other information as agreed upon by Town
and Provider.
Provider's staff will perform an in- the -Feld safety review of all proposed bus stops and bus routes at
least one month prior to the start of service each year. Provider will notify Town of any concerns
regarding the location of any of the proposed bus stops, the roads travelled to get to each bus stop on
the route or the timing of the bus stops. At the request of the Town, Provider will drive each bus route
with Town's designated representative before the start of service each year to review the bus stops
and discuss any concerns related to them.
i. Cooperation with TOWN
i. Provider will work cooperatively with TOWN to ensure safe, effective, and efficient Transportation Services
throughout the term of this Contract.
ii. If other services or issues arise that are previously unaddressed by TOWN, Provider will make a good faith
effort to address or resolve such until the matter can be referred to TOWN.
j. Strike by School District or Town Employees
In the event of a strike or work stoppage by any employee(s) of the Town of Los Gatos or the School Districts,
the Provider shall continue to fully perform all dutievs set forth in this Contract.
k. Implementation of Service
The Provider, within thirty (30) days after the Effective Date above, shall furnish the Town with a time line
schedule detailing the following:
i. Provision of Equipment;
ii. Provision of Facilities;
iii. Hiring of Supervisory Personnel;
iv. Hiring and Training of Drivers and Mechanics;
V. Driver Route Orientation; and
vi. Provider Field Service Personnel Assignments.
This time line schedule is subject to approval by the Town.
I. Assignment of the Contract: Subcontracts
The Provider may not subcontract, sell, assign, transfer, or encumber the Contract, any right or interestin or
under the Contract, or permit any sale, assignment, transfer, or encumbrance to occur by operation of law
without the prior written consent of the Town, which consent shall not be unreasonably withheld or delayed.
However, at its sole discretion, the Town may assign this Contract if the assignment is made to a parent,
subsidiary, or related company. Any attempt to subcontract or transfer this Contract or any interest in it without
such consent shall be violable by the Town and, at the Town's election, shall constitute a material default under
the Contract.
A subcontract or assignment of the Contract by the Provider with the approval of the Town is subject to the
terms and conditions of this Contract and to the rights of the Town contained in the Contract. No transfer or
assignment of the Contract by the Provider shall release it from its obligations.
m. Provider as an Independent Contractor
The Provider is an independent contractor and not an officer, agent, or employee of the Town. Further, the
Provider's employees, expressly including but not limited to drivers, are employees of the Provider and are not
employees of the Town.
n. Covenant Against Contingent Fees
The Provider warrants that no person or selling Town has been employed or retained to solicit or secure this
Contract on an agreement or understanding for a commission, percentage, brokerage, or contingent fee,
excepting bona fide established commercial or selling agencies maintained by the Provider for the purpose of
securing business. For breach or violation ofthis warranty, the Town may terminate this contract and, in Town's
sole discretion, may deduct from the Contract price or consideration, or otherwise recover, the full amount of the
commission, percentage, brokerage, or contingent fee.
o. Nondiscrimination
It is the policy of the Town that in connection with all work performed under this Contract, there will be no
discrimination against any prospective or active employee engaged in the work because of race, color, ancestry,
national origin, handicap, religious creed, sex, age or marital status. Provider agrees to comply with applicable
Federal and California laws including the California Fair Employment Practice Act, beginning with Labor Code
Section 1410.
13
4. Provider Performance
a. Contract Performance and Staffing Management Program
Exhibit 2 to this Contract provides a description of the Contract Performance and Staffing Management
Program. Provider will be an active participant in, and will be responsive to the requirements of this
program.
The Contract Performance and Staffing Management Program is a non - punitive, joint, supportive program
of contract compliance monitoring and performance measurement designed to enhance and improve
transportation service delivery in a continuous improvement cycle.
b. Minimum Service Levels and Standards of Performance
In addition, and as a supplement to the Contract Performance and Staffing Management Program, the
Provider will be responsible for meeting or exceeding certain Minimum Service Levels and Standards of
Performance as described below. If the standards below are not met, the Provider will be considered non-
compliant. Provider will monitor, track, account for, and report to TOWN the data and information required
to determine Provider's success in meeting or exceeding the established standards.
ii. The Town reserves the right to collect, analyze and track data provided by the Provider or obtained from
other sources.
iii. Provider will comply with the following Minimum Service Level Standards of Performance. For the purposes
of this Contract, a Bus Trip is defined as the service from the first pick up point to the last drop off point.
The morning and afternoon trips are considered separate trips.
No more than four (4) percent of all bus trips operated by the Provider in each 4 -week service period
shall be delayed as a result of mechanical problems with the Provider's assigned vehicle or the
Provider's inability to provide an adequate number of qualified bus drivers as defined within this
Contract. A delayed trip is defined as any route component that begins operation after its scheduled
time five (5) minutes or later, or that must be serviced by another means as a result of the Provider's
failure to provide a qualified driver in a timely manner, or that is delayed five (5) minutes or more over
the course of its scheduled trip as a result of a mechanical problem with the assigned vehicle.
Provider shall report every occurrence of delay as defined in the above subparagraph of this section
to TOWN within fifteen (15) minutes of occurrence in a manner and format acceptable to TOWN.
This is a zero - tolerance standard of performance.
iv. Provider is responsible for recording and tracking all data and information required to calculate Provider
performance relative to the Minimum Service Levels and Standards of Performance. This data will be
provided to TOWN not later than the 15th of each month for service completed in the prior service month.
The data and information will be submitted in a verifiable manner and format acceptable to TOWN.
V. Upon receiving a formal written notice from TOWN, Provider shall cure a non - compliance condition within
thirty (30) days of its initial occurrence; otherwise a Minimum Service Level Performance Withholding
may be imposed. Provider will comply with TOWN directives to improve operations and outcomes that
fall below the established standards.
c. Force Majeure
The Provider will be excused from performance during the time and to the extent that it is prevented from
obtaining or performing the service by natural disaster, acts of God, acts of war, fire, flood, riot, terrorism, civil
disturbance, loss of transportation facilities, oil ortluel shortage or embargo, commandeering of materials,
equipment, products, plants or facilities by the federal or state government, labor dispute, strike or lockout.
Satisfactory evidence must be presented to the Town demonstrating that the non- performance was not due to
the fault or negligence of the Provider.
d. Minimum Service Level Performance Withholding
TOWN may impose a Minimum Service Level Performance Withholding factor for non - compliance with the
Minimum Service Levels and Minimum Standards of Performance, as follows:
TOWN may withhold payment of up to one (1) percent of the Providers next regular monthly
Transportation Services invoice for any single occurrence of non - compliance within a 4 -week service
period.
TOWN may withhold payment of up to three (3) percent of Provider's next regular monthly
Transportation Services invoice should non - compliance continue for two consecutive 4 -week service
periods.
it. The number of withholding instances is unlimited, and may be repeated for each instance of non-
compliance with the Minimum Service Levels and Minimum Standards of Performance requirements.
iii. The withheld amount may be paid in full to the Provider if the non - compliance factor resulting in the
Performance Withholding instance is cured to the satisfaction of TOWN following the deferral decision.
IV. Grace Periods: the TOWN may allow a grace period of up to two (2) calendar weeks starting from the first
service day of this Contract and grace periods of up to one (1) calendar week each at the beginning of each
school semester, during which time performance withholding is not imposed.
V. If the non - compliance factor is not cured to the satisfaction of TOWN following the deferral decision, TOWN
may retain the withholding without obligation to pay the Provider the withheld amounts.
vi. TOWN will notify the Provider in formal letter delivered via a traceable method to the address of record for
the Provider contained in this Contract if a decision to retain a Performance Withholding is reached.
e. Liquidated Damages
In the event that standards of service defined in this agreement are continually deemed unsatisfactory,
TOWN's board may choose to implement the Liquidated Damages contingency outlined in this section. If
the Liquidated Damages contingency is initiated, section 4d Minimum Service Level Performance
Withholding of this contract, will be null and void.
ii. It is agreed by the Provider and TOWN that if the Providerfails to deliver services under this Contract, TOWN
is damaged. Due to the nature of the services rendered, it is impractical and extremely difficult to fix the
actual damage to the Town. When deficiencies occur TOWN and the Provider agree that a schedule of
liquidated damages may, at TOWN's discretion, be imposed upon the Provider as a remedy for
Inconveniences. The Provider will be notified in writing within 20 days of such deficiencies by TOWN.
Notification shall identify the type of infraction along with information that clearly details the date, time,
location, route number, school, driver (if known), and vehicle number. Billing for such infractions are to occur
within 60 days of its assessment. Failure to either timely notify or bill the Provider shall relieve the Provider
of its obligations to pay liquidated damages for the particular event.
iii. The following schedule details the liquidated damage charges that may be assessed for the failureto
perform the services as expected by TOWN. All damage charges are assessed based on each occurrence,
calculated as a percentage of the daily rate fortgach route
1) Late Bus 15 min. Each bus trip which is fifteen (15) minutes late or more to orfrom 50% of daily rate
home or school shall be assessed liquidated damages of 50% of
he daily rate.
2) Late Bus 30 min. Each bus trip which is thirty (30) minutes late or more to or from 100% of daily
home or school shall be assessed liquidated damages of 100% of rate per run
he daily rate.
3) Failure to furnish vehicle If the Provider fails to furnish a vehicle and driver for any trip, 150% of daily
nd driver (missed trip) liquidated damages shall be assessed at 150% of the daily rate. rate
The assessment of damages does not relieve the Contractor of its
obligation to provide sufficient buses and drivers including spares
or substitutes, or perform such service.
4) Failure to Seek Approval to Managers, dispatchers and field representatives shall not drive 50% of daily rate
Drive school buses except in emergency or as approved by the
ransportation and Mobility Manager. Failure to seek approval
hall result in liquidated damages of 50% of the daily rate.
5) Missed Bus Stop If a driver misses a bus stop and fails to pick up or drop off a 25% of daily rate
tudent, liquidated damages shall be assessed in the amount of
5% of the daily rate.
6) Failure to complete a If the Provider fails to complete a trip after starting due to vehicle 150% of daily
run due to vehicle or malfunction or running out of fuel, and a backup vehicle is not made rate
uel problems available to complete the trip within 30 minutes of scheduled time,
liquidated damages shall be assessed in the amount of 150% of the
daily rate.
7) Failure to Notify — Late Failure of the Contractor to provide the Transportation and Mobility 25% of daily rate
Buses Manager immediately, or within a reasonable time as dictated by
he nature of the occurrence or incident, complete and accurate
nformation relating to early or late buses shall be assessed 25% of
he daily rate.
8) Failure to Notify Schools allure of the Provider to notify the applicable schools of a late trip 25% of daily rate
of late Buses mmediately or within a reasonable time as dictated by the nature of
he occurrence or incident shall result in liquidated damages of 25%
f the daily rate.
9) Failure to Notify of a Bus Failure of the Provider to notify the Transportation and Mobility 100% of daily rate
Accident Manager as soon as possible and in no event later than one hour
after becomes informed of a school bus accident or an incident in
which a child may have sustained injury shall be assessed
liquidated damages in the amount of 100% of the daily rate.
16
10) Failure to Failure to provide the appropriate equipment required for each bus, 25% of daily rate
Provide including but not limited to, two -way radios, fire extinguishers, etc.,
Equipment shall result in the assessment of liquidated damages in the amount
of 25% of the daily rate and continuing at this rate for so long as
he Provider fails to provide such equipment.
11) Operating a Bus in an If a driver operates a school bus in an illegal manner, including but 100% of daily rate
Unsafe or Illegal Manner not limited to operating an overloaded bus, boarding and
eboarding passengers at an unsafe location, creating a traffic
azard, liquidated damages shall be assessed in the amount of
100% of the daily rate.
Example: If a morning trip is late for 30 minutes or more, the Provider will be charged 100% of the daily
rate for that route. If the afternoon trip is also late for 30 minutes or more, the Provider will be charged 100%
of the daily rate for that route. The cumulative damages for these two occurrences will be 200% of the daily
rate for that route.
Payment for damages will be deducted from the Provider's next invoice. In the event that there are unknown
or extenuating circumstances, the Provider shall have the right of appeal. Appeals are to be made in writing
within ten (10) school days and sent to TOWN for review. The Town Council shall have the sole right to
review the appeal and will have the option to maintain, reduce, or eliminate the proposed penalty. The Town
Council will be required to rule on any appeal within 45 days of receiving a written notice of appeal from
Provider.
f. Provider Fiscal Efficiency
Provider will make an ongoing good -faith effort to identify opportunities to improve the efficiency and
effectiveness of the bus routes and route packages on a quarterly basis. Where feasible, Provider
will identify opportunities to modify, pair, combine, or repackage bus routes with the objective to
perform transportation services in the most efficient and effective manner possible. If identified, such
opportunities will be communicated to TOWN not later than one (1) week following the identification.
At a minimum, Provider will submit a written report to TOWN, to accompany each regular invoice
submission, summarizing the opportunities identified in the period covered by the invoice or, if no
opportunities were identified, making an affirmative statement attesting to this fact.
ii. Provider will immediately notify TOWN, in a manner deemed acceptable by TOWN, of any new
programs or services that are requested of Provider by school officials or representatives, including
any school building or program bell time changes. Provider shall not fulfill such requests until and if
authorized by TOWN.
5. Basis for Provider Compensation
a. Pricing
Contract pricing shall be on a cost per bus per day basis. The pricing form included as Exhibit 1 shall
govern the calculation of Provider compensation.
b. Dates for Student Transportation Service
IN
From the Effective Date of executed contract, the Provider shall mobilize, coordinate and undertake all
activities, including but not limited to, those specified herein in order to be able to provide student
transportation services as specified herein, commencing on January 7, 2019. During the term of the
Contract, student transportation services are required during the following periods:
School Calendar Year - The school calendar year covers the months of August through June, inclusive.
During the school calendar year, the total number of buses contracted for are estimated to be required
for each ofthe one hundred eighty (180) school days as defined by the individual School District calendars
and verified by the Town; and
iii. Unscheduled Closing of Schools
The Town is not obligated to accept or pay for services agreed to be furnished by the Provider on
those days when, by direction of the School District, classes served under this Contract are closed
to ensure the health and safety of the students or for any other lawful reason. The decision as to the
need for closing at the start of the day or for early dismissal during the day shall be made by the
Superintendent of the School District.
The Town agrees to notify the Provider no later than 5:30 a.m. on such days of school closures and
as early as possible on such days of early dismissals. The Town agrees to provide partial payment
for student transportation service for days when Provider is notified of school closures after 5:30 a.m.
in the amount of 50% of the daily rate per bus for a complete cancellation, and in a prorated amount
for partial service.
6. Invoicing and Compensation Adjustments
a. Invoicing
i. Provider shall submit an invoice to TOWN no later than the 5th business day following the month in which
services have been provided. The invoice shall be based upon the actual number of days of service within
that calendar month. Payment shall be made to Provider within thirty (30) after receipt of a valid invoice.
The form of the invoice shall be approved by the Transportation and Mobility Manager. A "daily bus report"
DBR ") shall be submitted for each separate bus /driver combination and shall be available to the
Transportation and Mobility Manager for review. A DBR is a driver's report of mileage, departure and
arrival times, number of students transported, names of school sites serviced, and the beginning and end
times for each trip made. Monthly invoices shall summarize home -to- school DBRs for each route during
each day of the invoice period. Summaries shall be submitted to the Transportation and Mobility Manager
monthly.
b. Fuel Cost
Provider shall be responsible for the acquisition of all fuel necessary for service. The cost offuel shall
be incorporated into the daily rate for services provided included in the RFP.
c. Town Provided Parking for Provider Vehicles
Town may elect to provide parking on Town property for a certain number of Provider's vehicles to be
used in the provision of services under this Contract. Provider shall utilize the space provided for parking
only and will not perform vehicle maintenance or any other activities on Town property. In the event
Town parking is provided, Town shall be entitled to a lower price for services as outlined in Provider's
proposal. The Parties will execute a Contract Amendment with a separate property lease agreement
prior to any Provider vehicles being parked on Town property. 18
d. Ancillary Services and Costs
Provider's price proposal includes all ordinary and extraordinary costs of operation, and the Town is not
responsible for any additional costs. Provider will bear all costs associated with performing services not
identified in this Contract or in the Exhibits.
ii. Provider will bear all penalties, fines, damages, levies, taxes, etc. that may arise from
performing transportation services.
The Town shall pay the Provider for services provided on a monthly basis. Payment shall be made within
thirty (30) calendar days following receipt of a properly documented invoice. Payment may be adjusted by
an incentive or liquidated damage reduction as provided in the Contract and the Town's document damage
reports. Notwithstanding the foregoing, in no event shall any payment owed by the Town which is not being
disputed in good faith, be delinquent for more than sixty (60) days. In the event of any delinquency beyond
sixty (60) days, Provider may give the Town written notice of the delinquency.
7. Notices
All notices to be given by the parties shall be in writing and served by depositing same in the United States Post Office,
postage prepaid and registered to the address(es) shown below or such other persons, addresses or telephone
numbers as may be designated in writing by the parties from time to time.
Notices to the Town shall be sent to:
Ying Smith, Transportation and Mobility Manager
Town of Los Gatos
Department of Parks & Public Works
41 Miles Avenue, Los Gatos CA 95030
8. Provider's Records and Reporting Requirements
a. Operating Records
The Provider shall maintain daily records indicating route numbers, bus numbers, driver names, the number
of students transported to each site, and the number of miles and hours driven. These records shall be kept
for a minimum of three (3) years. A copy of these records shall be submitted to the Transportation and Mobility
Manager on a weekly basis.
b. Personnel Records
The Provider shall maintain records that include documentation of all drivers, management personnel, and
support staff in compliance with legal requirements and standards and requirements set forth in the Contract.
Operator shall provide records of operator experience, training and performance, if required by Town.
c. Fleet Records
The Provider shall maintain preventive maintenance policies, records, and schedules, all bus maintenance
records, and copies of all California Highway Patrol, and California Department of Transportation Vehicle
Inspection reports for buses servicing this Contract. The Provider shall make these records available for review
by the Town upon request.
d. Reports to be Submitted to the Town 19
The Provider shall submit the following reports or studies to the Town upon request and on an occurrence
basis:
Accident Reports
Every school bus accident or incident involving a school bus collision shall be verbally reported
immediately to the Transportation and Mobility Manager and the California Highway Patrol. A written
report shall be submitted to the Transportation and Mobility Manager as soon as possible, but in no event
later than three (3) working days after the accident.
The school bus accident report shall be clear and provide at a minimum the following:
Number of students on board at the time of the accident and the names of each;
Whether injuries occurred;
The date and time of the accident;
The route number, driver's name, location of accident, involvement of other vehicles, and
nature and extent of property damage;
The Provider's assessment of liability.
Reports completed by the Provider's management and by the driver; and
Reports obtained from the California Highway Patrol or from any other law enforcement.
Route Driver Assignments
A list, continually updated, of routes and names of drivers assigned to those routes. In addition, the
Provider shall provide a daily report of all routes covered by substitute drivers.
iii. Student Citations
A copy of each student bus citation must be provided to the Transportation and Mobility Manager.
and te sGheal peFs9F4%A
iv. Summary of Late or Missed Trips
Weekly written reports on each late or missed trip, with cause of problem and corrective action taken.
V. Notification of Hazards
Notification of a hazard or obstacle observed by Providers personnel along routes.
vi. Complaints
Weekly written reports on the disposition of all complaints regarding the service provided by the
Provider, whether received in writing, over the phone, or listed on the liquidated damage report. The
Provider shall investigate these reports and shall provide a written reply to the complainant with a copy
to the Town, within 10 school days. Each reply shall describe any corrective action in response to the
complaint.
vii. Ridership
Weekly written reports on student ridership levels for each run for each day of the week.
viii. Other reports or studies as requested by the Town.
20
IN WITNESS WHEREOF, the Town and Service Provider have executed this Agreement.
Town of Los Gatos by: 1
La rel Prev etti, Town Manager
Service Provider, by:
Recomme de by:
tt Morley Title
Director of Parks and Public Works
Approved as to Form:
Robert Schultz, Town Attorney Q
z1
EXHIBIT 1
Cost Proposal
Proposer shall provide a cost proposal in the tables below:
Table 1— Price Quote, buses parked at vendor's facility
Refer to Attachment B for route and schedule descriptions
Note:
Large bus: 80 -90 seats, standard bus: 60 -70 seats
Table 3 — Price Quote for Dry Runs
Refer to Attachment B for route and schedule descriptions
Route # 2018 -19 2019 -20 2020 -21 2021 -22 2022 -23
Large bus
1
566.90 583.91 601.43 619.47 1 $644.25
Standard bus 539.90 556.10 572.78 1 $589.96 613.56
Add more row ifnecessary
Note:
Large bus: 80 -90 seats, standard bus: 60 -70 seats
Table 3 — Price Quote for Dry Runs
Refer to Attachment B for route and schedule descriptions
Table 2 — Price Quote, buses parked Town's facility (optional)
Refer to Attachment B for route and schedule descriptions
Route # 2018 -19 2019 -20 2020 -21 2021 -22 2022 -23
All Groups 1 539.90 556.10 1 572.78 589.96 613.56
Add more row if necessary
Table 2 — Price Quote, buses parked Town's facility (optional)
Refer to Attachment B for route and schedule descriptions
The mobile phone app for parents of bus riders, SafeStop, is included in the above pricing.
On -board camera systems can be provided at an additional cost of $2.75 per bus per day.
The pricing quoted above includes 2.75 hours of live time, per bus, per day. Any excess hours
will be billed at $20.00 per quarter hour or part thereof.
Route # 2018 -19 2019 -20 2020 -21 2021 -22 2022 -23
Large bus 545.90 562.28 579.15 596.52 620.38
Standard bus 518.90 534.47 550.50 567.02 589.70
Add more row if necessary
The mobile phone app for parents of bus riders, SafeStop, is included in the above pricing.
On -board camera systems can be provided at an additional cost of $2.75 per bus per day.
The pricing quoted above includes 2.75 hours of live time, per bus, per day. Any excess hours
will be billed at $20.00 per quarter hour or part thereof.
Exhibit 2
Contract Performance and Staffing Management Program —Town of Los Gatos
Vehicles. Facili
The school buses used for Los Gatos service will be dedicated to Los Gatos for the periods of each school day
that the buses are servicing Los Gatos routes. All other times, the buses may be used by Student
Transportation of America for other purposes. Student Transportation of America will provide California
certified school buses no older than 3 years at the start of the contract. This, together with STA's
comprehensive fleet maintenance program, will ensure a minimal number of bus breakdowns. In the event
we have a bus that will be out of service for an extended length of time, an additional spare bus will be
brought in from another STA location for that period of time.
Student Transportation of America will provide school buses with three -point seat belts. Our buses are
equipped with digital two way radio communications and GPS tracking and recording capability. All buses
used will meet federal and state emissions requirements, equipped with engines meeting current California
air quality standards. Drivers sweep the interior of the bus daily or as needed. The exteriors are washed
every two weeks. Every 45 days, the interiors are thoroughly cleaned with surfaces washed with antibacterial
soap. The parking and maintenance facility for Los Gatos service will be our existing facility located at 1540
South 7th Street, San Jose, CA. Spare buses are located at this facility as well. We maintain a spare bus and
spare driver factor of ten percent. Our San Jose facility is located 13 miles from the Town. We anticipate an
average deadhead time of 25 minutes. A 30 minute response time would be the worst case scenario for
responses to bus breakdowns. With the 4 buses we have operating at Hillbrook School, in the event of a bus
breakdown, our Dispatch team would also look at how those buses may be used to provide coverage before
or after their assigned routes. Often, a nearby bus can respond faster than a bus leaving from the terminal.
Vehicles that are equipped with Zonarm GPS systems are SafeStopTM' ready. Our innovative mobile phone
app., SafeStopTM , provides real -time notification to parents about the status of their student's bus. SafeStop
also has messaging capabilities that can send alerts or messages to parents as needed.
Fleet Maintenance:
Student Transportation of America has a dedicated Maintenance Council, comprised of managers and
regional directors with expertise in the areas of preventive maintenance, repair and manufacturer
recommendations. The Council's objective is to provide our customers with the safest, most reliable and cost -
efficient fleet possible through the development, implementation and monitoring of best practices related to
fleet maintenance. The Council is committed to these tasks, and to preserving the health and environment of
our passengers, employees and the communities in which we operate. Our maintenance program will, at all
times, conform to all original manufacturer service requirements, and will be compliant with all OSHA and
State requirements and regulations. For your reference, at the end of this section we have included samples
of some of the maintenance forms and checklists that we use throughout all of our locations.
SlfNf 1uWfT'4FYi VMMU"
STA maintains vehicles and equipment according to the company and manufacturer - directed standards:
To conform with the manufacturer's suggested maintenance intervals, or such revised intervals as
may be dictated by unusual operating conditions (for example: unusually low mileage, dusty
operating conditions, extreme hot or cold weather, etc.).
In strict conformity with the commercial vehicle or school bus inspection laws of the particular state
in which the equipment is being operated.
In such a way, at all times, protect the equipment investment. This requires prompt response to
ensure that repairs are done at the point where they will require the lease expenditure. Examples of
this may include:
Repairing an engine miss promptly to avoid a dropped valve, or severely scorched cylinder
wall
Routine oil sampling of diesel engines to avoid catastrophic failures
Replacing kingpins promptly to avoid expensive machine work to resize the axle
Keeping cowls and bodies well- attached to avoid expensive damage at the cowl /body joint
Keeping the lowest -cost parts and other materials consistent with reasonable quality standards.
Using a comprehensive vehicle records system to ensure that critical equipment issues are planned
for. Examples of this may include:
Ensuring thorough record - keeping and projection that the maintenance budgets are
continually adjusted to effect upcoming repair trends (for example: brake drums, engines,
etc.)
Identifying and responding to trends which affect vehicle reliability
SCHEDULED INSPECTION INTERVALS
At prescribed intervals of time and mileage, vehicles will be removed from service and assigned to their
applicable inspection, with each interval focusing on specific operational and safety components.
Below is a schedule of several major inspections that our maintenance team performs:
A or Safety Inspection and Brake Inspection: 1.25 hours - 3,000 miles*
L or Oil and Filter Change: 0.9 hours - based on engine manufacturer's recommendation
T or Transmission Service: 1.0 hours - based on transmission manufacturers recommendation
AC System Service: Once per year, or as needed
The ASafety Inspection is performed In conjunction when all other services are required. Ifan L service is required, afull AL service will be scheduled.
PRE -TRIP AND POST -TRIP INSPECTIONS
Each vehicle must undergo a thorough daily pre -trip inspection, performed by a driver prior to operation of
the bus. Any defects or non - operational items which do not directly effect the safe operation of the bus at the
time will be documented in a Daily Bus Report. If a defect is found that will jeopardize the operation of the
bus or the safety of the driver and /or passengers, a different pre -check bus will immediately be dispatched to
transfer students for safe delivery, and the defective bus will be reported to the maintenance department. If
needed, the defective bus will be replaced; if the bus can continue to operate safely, the problem will be
corrected and subsequently reported on the Defect Report.
MECHANIC QUALIFICATIONS
It is our commitment to provide our customers with a highly trained and professional maintenance
department, which leads to a safer fleet and lower maintenance costs. We assist those mechanics who are
willing to take the time and effort to participate in programs that will increase their knowledge and
proficiency. We sponsor maintenance employees who take advantage of our Advancement Through
Commitment program, which financially assists mechanics with obtaining their ASE certifications. Currently,
more than 30% of our Maintenance Team across North America has received their ASE Technician
Certification.
Recruiting, Training:
HIRING PROCEDURES -
Student Transportation of America will provide a Manager to oversee all of the Town's transportation
operations, including the coordination of our services and serving as the Town's primary contact with STA.
Leadership in cultural change will be a key skill necessary for this position; fostering consistency in
performance and boosting employee morale will be a long -term goal that we are committed to fulfilling for
LOS GATOS.
When hiring new employees, our evaluation process is guided by the following measures:
All employees complete a Student Transportation of America Employment Application
Management conducts personal interviews of all applicants
Management conducts driver route evaluations
All drivers undergo pre - employment drug screening, including the review of information from
previous employers on any testing they performed, including a positive result or refusal to submit to
testing
Review all driving records, licenses and physical exam paperwork
Record criminal background checks and Federal Level II fingerprinting
Management schedules and conducts Classroom and Behind the Wheel Instruction training
Final evaluation takes place; School will have the ultimate approval for all hiring
EMPLOYEE QUALIFICATIONS
It is our goal to hire and train drivers and transportation personnel who are committed to the tasks of safety,
compassion, caring and customer service. We ask our employees to maintain the type of professional attitude
that will reflect positively on themselves, Student Transportation of America and the school districts we serve.
Drivers represent the school district in the community and should be able to help generate a positive public
image by setting a good example of conduct for the students.
Our qualification standards have been developed to ensure that all drivers share our values and goals of
operating in a safe, legal and courteous manner. Student Transportation of America is an equal opportunity
and affirmative action employer; drivers offered employment with us are identified on the basis of their
abilities, experience, training and personal character without regard to race, religion, creed, color, national
origin or gender.
3
S M1VM'VfFGM
A criminal background check will be processed for every applicant, including a Federal fingerprint screening
for all drivers, aides and other transportation personnel, per the policies and regulations of the School and
the California Department of Education. A sexual offender check will be conducted, including a check on the
California Sex Offender Registry and the United States Justice Department DRU Sjodin National Sex Offender
Public website. We will obtain and review Department of Motor Vehicle Reports for each applicant. Pre-
employment drug and alcohol screening will be conducted, as required by the Federal Department of
Transportation and Federal Highway Amendment regulations. Physical exams will be conducted, and each
applicant must submit a completed Medical Examiner Certificate.
To operate a school bus or vehicle for Student Transportation of America, individuals must possess the
following criteria which, at a minimum, should be applied to all new hires:
United States citizenship or a valid work permit
Minimum age of 21 years at time of application
Valid Commercial Driver's License with valid school bus and passenger endorsements
Current physical fitness exam with negative drug test
Satisfactory driving record that meets Student Transportation of America insurance standards and /or
School standards
Federal background check and release form clear of any criminal convictions and reports of child
abuse or neglect
Ability to perform all requirements as outlined in the job description
In addition to these requirements, we also consider the attitude and personality traits of the applicant. We
are aiming to change the culture of school transportation by creating an atmosphere that is focused on
compassion, with an emphasis on caring for the students who ride our buses every day. We seek out drivers
who will make a positive difference in the lives of the children they transport.
CERTIFICATION REQUIREMENTS
Student Transportation of America will maintain records of all employee certifications; however, it will be the
driver's responsibility to keep all required certifications valid and up -to -date. To operate a school bus or
vehicle for Student Transportation of America, all drivers must have the following certifications on file:
Commercial Driver's License and required certifications and required passenger endorsements
Photocopy of Social Security card
Certificate of physical fitness, in compliance with the Department of Education
Motor Vehicle Records Driver's Certification of Violations
Certification of criminal conviction and child abuse history investigations
Federal fingerprinting and comprehensive background check
Pre - employment drug and alcohol screening
RECRUITING
At Student Transportation of America, we believe that good driver recruitment is an ongoing process, not a
one -time event. We pair together the economy and demographics of the School to formulate a recruiting
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plan based on the local economy, competitive balance and company goals. We may draw upon the expertise
of professional advertising partners and experienced third -party media buyers to assist us in reaching the
local labor pool, as well as with developing a successful recruiting campaign.
Our methods for advertising vary based on need and research, and may include direct mail, television, radio,
the Internet, local newspapers and other periodicals. Additionally, we may coordinate and sponsor job fairs,
hold Open House events, employ a referral program and post at county agencies. Recently, we have begun to
include social media recruiting efforts into our program. Identifying target demographics, we are able to
promote Student Transportation of America and our recruiting campaign through specialized advertisements
on websites such as Facebook. All drivers hired through the recruitment process, as well as back -up drivers
hired to be on standby, will be held to the same certification standards as contracted drivers. They must
currently have or be able to obtain a Commercial Drivers License, as required by law, and must meet all other
Department of Education and Department of Transportation requirements.
WAGES AND BENEFITS
We provide a competitive wage and benefits package including quality health, dental and vision coverage,
along with paid days off.
RETENTION AND INCENTIVES
A positive, rewarding work environment stimulates positive, safe work habits. Rewarding safe behavior and
practices promotes growth and encourages continued success. STA is proud of the service provided by our
employees across the country, and each spring we sponsor a company -wide "Employee Appreciation Week"
where drivers and other transportation personnel are celebrated for their dedication to safety and customer
service. Local managers are encouraged to coordinate events such as cook -outs, parties and award
ceremonies throughout the week, inviting their school districts and other community members to attend the
celebrations. Photos and stories from these events are gathered and shared with all of our locations across
North America in a special edition of our company -wide newsletter, ST News and Views.
We recently established the Safety "Wall of Fame" to honor and recognize those employees who are the best
and brightest in their functional areas of the STA Family, going above and beyond the regular scope of their
duties. The spirit of the program is that any employee within each location can be nominated, from drivers
and dispatchers to trainers and mechanics, with selection criteria including safety practices, reliability,
knowledge, community service and exceptional performance. Applications are reviewed by regional selection
committees, and inductees are invited to our corporate office for an awards ceremony.
DRIVER TRAINING PROGRAM
STA is committed to the safety of the students we transport, and we believe that the drivers knowledge is
the groundwork for safe and dependable service. We continually provide drivers with up -to -date information,
ensuring they are the safest drivers on the road, with training that often exceeds State and Federal
regulations. We remain at the forefront of the industry with our safety and training materials, as reflected by
our drivers who consistently rank among the top finalists at the annual National School Transportation
Association (NSTA) International Safety Competition.
All drivers and supervisors (trainers) associated with the transportation of the School's students must
complete the basic bus driver education program and continuing education program, as required by the
Department of Education. Prior to actual service as a driver on any route, all new drivers are required to
complete a minimum of forty (80) hours of training. Drivers who already possess a CDL and have driven a
school bus within the last 365 days will be required to participate in training as outlined in our Essential Eight
Safety Reference Guide. STA will maintain complete training records for all transportation employees. For
your reference, at the end of this section we have included samples of our Behind- the -Wheel and Classroom
training evaluation forms.
Currently, we use the NAPT-recom mended program, The Driver Training Course, comprised of 15 instructional
DVDS with accompanying study guides and posters that are designed to help drivers become safer and more
professional in their duties. This program provides extensive information in Classroom training as well as
Behind- the -Wheel instruction.
CLASSROOM TRAINING INSTRUCTION
This portion of training may include, but not be limited to:
Promote understanding and application of Federal, State and local laws, rules and regulations
governing the proper operation of a commercial vehicle.
Teach the school bus driver trainee about public relations.
Impart the necessary knowledge and skill to apply basic First -Aid measures.
Prepare the driver trainee to handle emergencies such as breakdowns, fires, accidents, adverse
weather and road conditions.
Teach the driver trainee to perform basic pre -trip and post -trip safety inspections.
Impart the basic concepts of passenger management, including student loading and unloading
procedures and checking for students on the bus at the completion of each route.
Discuss with driver trainees about the different vehicles they may be required to operate.
Familiarize each driver trainee with the necessary forms and record - keeping procedures.
As required, familiarize each driver trainee with the Federal regulations concerning controlled
substances, alcohol use, and testing, and the Student Transportation of America policies and
procedures with respect to meeting these requirements.
Teach principles of Defensive Driving.
BEHIND- THE -WHEEL INSTRUCTION
This portion of training should be conducted in the types of vehicles that the driver trainee may operate, and
may include, as a minimum:
Understanding driver's area, controls and gauges.
Pre -trip and post -trip inspection procedures and requirements.
Smooth starting and stopping (pedal application).
Turning techniques and tail swing observation.
Proper use of signals, hazards and school bus lights.
Proper adjustment and use of mirrors.
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Proper use of clutch and gearshift or automatic transmission.
Proper procedures for crossing railroad tracks.
Proper procedures for loading and unloading students.
Proper procedure for wheelchair securement and other equipment, as required.
Proper backing procedure and techniques.
Proper procedures for emergency evacuation drills.
Knowledgeable in Defensive Driving techniques, as outlined in the evaluation form.
ROAD TEST EVALUATIONS
Road test evaluations must be successfully completed by each driver prior to an offer of employment and the
transportation of any students, and again on an annual basis. This measure helps to ensure driver compliance
with all safety requirements and regulations.
Road test evaluations may include:
Understanding driver's area, controls and gauges
Pre -trip and post -trip inspection procedures and requirements
Railroad crossings
Smooth starting and stopping (pedal application)
Turning techniques and tail swing observation
Proper use of signals, hazards and school bus lights
Proper adjustment and use of mirrors
Proper use of automatic transmission
Proper procedures for crossing railroad tracks
Proper procedures for loading and unloading students
Proper procedure for wheelchair securement and other equipment, as required
Proper backing procedure and techniques
Proper procedures for emergency evacuation drills
Knowledgeable in Defensive Driving techniques, as outlined in the evaluation form
Proper procedure to check for students on the bus at the completion of each route
IN- SERVICE TRAINING
In- service training is required of all drivers, at a minimum of ten (10) hours per school year, devoted to
improving skills, knowledge and attitude. Additionally, re- training may be assigned as needed after a driver's
evaluation or a preventable accident.
This instruction may include, but not be limited to:
Bi- annual orientation meetings
Review and further discussion of all pre- service topics
Government or company- approved Defensive Driving course
First -Aid procedures
Blood -borne pathogens
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Special driving conditions, specific to the area and region
Field trip and activity trip procedures
Vehicle handling procedures in all weather and road conditions
Emergency equipment use, as required
Harassment policy, including School and company policies
Transportation procedures for Special Needs students
Railroad grade crossing procedures
Passenger loading and unloading procedures
Student management and violence /bullying prevention
Fuel efficient driving & anti - idling policy
Public and community relations
Health issues and stress management
Checking for students on the bus at the completion of each route
We are committed to the continual safety awareness and preparedness of our drivers. Any driver
demonstrating unsafe behaviors resulting in preventable accidents and /or moving traffic violations must not
be tolerated.
EMPLOYEE LEARNING AND DEVELOPMENT s"rUNIYERS[TYLaunchedin2011withgreatsuccess, ST University ( "STU ") is our
interactive training supplement to our more traditional Behind - the -Wheel and Classroom training methods,
with a web -based platform that can be accessed from any computer with Internet capability. Employees can
login to the learning system with a unique user name and password to view training courses that consist of
videos and presentation styled material, covering a wide variety of topics.
The STU courses are created in part with our Company Councils, groups of managers and regional directors
selected for their expertise in specific areas including Communications, Safety, Maintenance and Special
Needs, to deliver a new and innovative approach to employee training. Teaching leadership, safety and
interpersonal skills, STU continues to grow and new courses are constantly being developed for the STU
Catalog.
Courses currently being viewed by employees across the country include:
Autism Spectrum Disorder
Behavior -Based Safety Training
Seizure Disorder Awareness
Morale and Team Building
Special Needs Bus Evacuations
Wheelchair Lift Operations
Anti - Bullying Workshops
Slips, Trips and Falls
Fire Prevention and Safety
D
Our recruiting, training and hiring operations never stop. We understand the key to having enough trained
route and backup drivers is to recruit, screen and hire the best and to work hard at retaining our employees
by providing a caring, family work environment where they are rewarded and appreciated.
SAFETY REVIEW AND COMPLIANCE AUDITS
We have implemented a unique program to monitor the safety compliance set forth in our Safety Policy and
Procedures Manual. This manual and the review process were developed through a collaborative effort
between our Safety Council, a team of our most experienced safety and operations professionals, and our
insurance provider, National Interstate. Reviews are conducted on -site by National Interstate personnel, our
Safety Directors and third -party contractors who inspect company safety practices, as well as the safety
culture of each location.
This extensive audit covers nearly 100 items, including the application process, driver qualification files,
training records, accident files, vehicle safety and maintenance records, safety equipment, driver retention,
overall terminal conditions and manager involvement in safety practices. Reviewers conduct interviews with
the managers, drivers, dispatchers and other transportation personnel to evaluate their knowledge of the
Safety Policy and Procedures Manual, and to see these practices at work. All files are inspected and measured
to ensure that company policies are being followed, including the submission of Bus Driver Information
Reports at the start of each new school year. These reports will include the driver name, date of birth, dates
of license issuance and expiration, bus assignment and the dates and types of training received.
Each Operations Manager is present at the conclusion of the review for a summary of the terminal's strengths
and weaknesses. Collectively, the Operations Manager and the reviewers create an action plan to address and
correct any areas that are in need of improvement.
STUDENT SAFETY AND MANAGEMENT
STA believes that a positive experience on the school bus carries into the classroom and nurtures a positive
experience at school. Drivers must be compassionate in their management of the students on their bus, while
also exhibiting confidence in their control of all aspects of the bus. Drivers are encouraged to establish and
maintain a professional and friendly relationship with their passengers.
We understand that each school has specialized and unique disciplinary policies and we will work closely with
LOS GATOS to implement a constructive program that is in line with the Town's vision. Drivers can make a
positive difference in the lives of the students they transport, and we help prepare drivers to be able to
manage any disciplinary situation they may face on the bus by effectively and positively guiding students
towards behaving safely.
Pending approval from the Schools, we will provide all drivers with a 2 -hour module on behavior
management. This program may include:
Problem Solving
Reporting
Telephone Procedures
Record Keeping
Discipline /Reward Progression
Crisis Situation
While traveling on the bus, students are under the direct responsibility of drivers, per the Department of
Education and the School's policies and procedures. Drivers are responsible for educating passengers about
their responsibilities. Ridership rules and driver responsibilities must be read aloud, including the assignment
of seats, making sure that each student clearly understands what is acceptable behavior on the school bus.
The reporting of misconduct or corrective action will be done on forms provided to STA by LOS GATOS. The
Town's Transportation and Mobility Manager or his /her designee will have the ultimate authority for student
disciplinary matters. Drivers will never perform any physical acts of discipline, nor will they remove any
student from any bus.
Upon approval from the School, we will offer an in -class educational program to students led by Student
Transportation of America bus drivers and school officials to teach the students about school bus safety.
Emergency evacuation drills will be included in this program as standard procedure, twice per school year.
Our 1 -hour program will cover topics such as safety outside the bus, Danger Zones, safely crossing the street,
evacuation plans and much more. We will distribute activity books, have a Q &A session, and also provide the
students with a letter that they can take home to their parents to share all of the information covered in our
program. We will work with the School to perfect this program, and to ensure that students receive all
classroom training and evacuation drills as required by the State.
ANTI - BULLYING AWARENESS AND SCHOOL BUS SAFETY
STA was nationally recognized by Hey U.G.L.Y. (Unique Gifted Lovable You), a non - profit organization that
teaches children about peer pressure and bullying, as Company of the Year in 2011 for our company -wide
anti - bullying awareness and prevention initiative, "Bullying Stops Here ". Each year on the first Monday of
October, we ask all of our employees to wear a light or dark blue shirt to work in recognition of Bullying
Awareness Month. Signs with anti - bullying messages are posted in all of our buses, and drivers are
encouraged to have conversations with their passengers about peer pressure and anti - bullying awareness and
prevention initiative, "Bullying Stops Here ".
Later in the month of October, we celebrate School Bus Safety Week across the company. Our managers
often schedule their monthly safety meeting to be coordinated with Safety Week, and use this opportunity to
invite members of their local School Board and other School officials to attend the meeting. Managers can
also invite police officers or members of the Highway Patrol to attend and share additional information about
road safety. Other events throughout the week include poster contests with local schools and award
ceremonies for accident -free and safe driving records.
DRUG AND ALCOHOL ABUSE
For the health and safety of every employee, drivers shall not use, purchase, sell, possess or be under the
influence of alcohol or illegal drugs or any other controlled substances (other than approved prescription
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drugs) while engaged in work activities for Student Transportation of America and /or LOS GATOS. Our policies
will comply with all requirements and regulations of the Federal Department of Transportation, Department
of Health and Human Services, the Drug Free Workplace Program and all School policies.
If an employee is taking a prescribed medication that may in any way affect their ability to work, or to work
safely, the employee should report that immediately to their supervisor. Drivers must also provide a
physician's note identifying the medication and its possible effects. Student Transportation of America
reserves the right to temporarily reassign or change a driver's work assignment during the period that they
are taking the prescribed medication.
Applicants for a position will be required to submit to a pre - employment drug and alcohol test to determine
whether they are under the influence of alcohol or illegal drugs. In addition, drivers will be subjected to
random drug and alcohol testing. When a driver is selected by a random drawing for testing, they will be
required to immediately present themselves for testing. Failing of any drug or alcohol tests, or failure to
comply with a request to be tested, will be cause for immediate termination. Additionally, if a driver appears
to be in an impaired condition on the job, they may be asked to submit to a reasonable suspicion test to
determine whether they are under the influence of alcohol or illegal drugs. Refusal to submit to testing will
result in immediate termination of employment.
Alcohol and drug abuse may be part of an underlying illness. It is best to seek help for a drug or alcohol
problem before it manifests itself in the work place. If an employee believes that they have a problem, they
should speak with their supervisor prior to being notified that they have been selected for testing. Any
information about alcohol and drug abuse problems will be treated confidentially.
Pre - Employment Testine
Prior to the first time a covered employee performs safety- sensitive functions for Student Transportation of
America or the School, the employee will undergo testing for controlled substances. Student Transportation
of America will not allow any covered employee to perform safety- sensitive functions unless the covered
employee has produced a controlled substances test result from a medical review officer indicating a verified
negative test result. Student Transportation of America will not employ an applicant with a pre- employment
test result indicating a verified positive test result.
Post - Accident Testing
Immediately following, and not to exceed either (8) hours after an accident involving an STA vehicle, we will
test the following individuals for alcohol and controlled substances:
Any covered employee who was performing a safety- sensitive function with respect to the involved
vehicle, if the accident involved the loss of a human life.
Any covered employee who received a citation, under State or local law, for a moving violation arising
from the accident and when a vehicle is required to be towed from the scene.
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Any covered employee involved in an accident where medical attention is needed at the scene, or
when a person(s) is transported to the hospital, and when a citation is issued, under State or local
law, for a moving violation arising from the accident.
Any covered employee involved in an accident where there is reasonable suspicion that a citation will
be issued, under State or local law, for a moving violation arising from the accident.
Random Testin
Student Transportation of America will randomly select covered employees for alcohol and controlled
substances testing during each calendar year, in accordance with applicable Federal law. The minimum
annual percentage rate for random alcohol testing shall be 10% of the average number of covered
employees, until further notification is received from the Federal Department of Transportation. The
minimum annual percentage rate for controlled substances testing shall be 50% of the average number of
covered employees, until further notification is received from the Federal Department of Transportation.
The selection of covered employees for random alcohol and controlled substances testing will be made by a
scientifically valid method. Under the selection process used, every covered employee will have an equal
chance of being tested each time selections are made.
Random tests are unannounced and the dates for administering the random tests are spread reasonably
throughout the calendar year. Every covered employee who is notified for random testing will be required to
cease to perform safety- sensitive functions and shall immediately proceed to the test site.
Reasonable Suspicion Testing
STA will require a covered employee to submit to an alcohol or controlled substances test, as appropriate,
when the employer has reasonable suspicion to believe that the employee has engaged in prohibited conduct
involving the use of or influence by alcohol or controlled substances. Our determination that reasonable
suspicion exists will be based on specific, contemporaneous, articulated observations concerning the
appearance, behavior, speech or body odors of the covered employee.
Reasonable suspicion observations will be made when Student Transportation of America has been notified
by a third party of any employee's suspicious activities concerning the use of illegal drugs and /or alcohol. All
complaints, observations, determinations for testing or not testing, and results will be documented. The
observations and determination that a reasonable suspicion exists will be made by a supervisor trained in
detecting the symptoms of alcohol misuse and use of controlled substances as per Federal regulations.
Disciplinary Procedures
Any employee taking a post- accident or random test, who has a reading of 0.02 on the blood alcohol test
BAT), or who has a positive result on the controlled substance test, will be immediately discharged from
employment. Any employee who refuses to take a BAT or a drug test will be immediately discharged.
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Accident Investigation:
Safety is critical to the services that STA provides, and we will work with the Town to address all of the Town's
concerns within the program that provides regular and continuous safety instruction. This program will
include paid, mandatory monthly safety meetings with all employees.
Our Safety Leadership Program teaches not only what an accident is, but why people have them.
Understanding human behavior is an integral part ofthe Operations Manager's role. Ultimately, they control
the safety results of their team because they decide who is hired, how well their employees are trained, and
what is or is not acceptable behavior. Each day, the Operations Manager is faced with numerous
opportunities to influence their employees and eliminate unsafe behaviors through leading by example. The
Safety Leadership Program highlights how the Operations Manager's leadership and involvement in reducing
unsafe practices has incredible influence across their local team. Consisting of seven interactive CDs and an
introduction from STA's Chairman and CEO, Denis Gallagher, the course work is followed by a 60- question
exam. The goal of the program is to eliminate accidents and injuries; in order to do that, we utilize this course
to provide Operations Managers with a better understanding of what needs to be done to lead the safest
transportation team possible.
Whenever a school bus accident occurs, the driver must not leave the immediate vicinity of the bus. Drivers
are instructed to use their radio to report the accident, and to keep the dispatcher apprised of the situation. It
is the dispatcher's responsibility to provide an immediate oral report to the School's Transportation Office,
with a written report submitted within the following 24 hours. A member of the Operations team will
respond to the location of the accident and begin the investigation and assist the passengers and drivers.
The written report will include, at a minimum:
Whether students were loading or unloading the bus
The identification of the driver and the location of the accident
Involvement of any other vehicles and the extent of damage, if any
Whether there are any identifiable injuries
The name and badge number of any reporting law enforcement officer and corresponding agency
It is our policy to fully investigate any accident involving company personnel and vehicles. We believe strongly
that the accident investigation begins at the scene; therefore, certain driver responsibilities must be carried
out at the scene of an accident. Drivers who leave the scene of an accident without permission will be subject
to corrective action, up to and including termination.
Depending on the severity of the accident, drivers will be expected to follow proper procedures:
Keep passengers safe (evacuate if necessary; triage injuries)
Move vehicle off the roadway if vehicle is a safety hazard
Place warning devices, chock wheels (if required)
Complete the accident package
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Possess the passenger manifest and seating location
Submit all documentation immediately
In any discussion regarding accidents, "prevention" must be the keyword. Strict compliance with all laws and
regulations of vehicle operation is essential. Moreover, knowledge of and the application of defensive driving
practices is the true sign of a professional school bus driver.
In the event of a preventable accident, corrective action will be taken in the form of progressive discipline up
to and including discharge. A preventable accident is any occurrence involving a company -owned vehicle,
which results in damage or an injury, and wherein the driver failed to do everything he or she could have
done to prevent the accident. A driver involved in a preventable accident may not return to driving duties
until all required behind the wheel retraining and counseling has been completed and STA has received the
results of the drug and alcohol tests.
When administering discipline for a preventable accident, Student Transportation of America may take one or
more of the following steps:
Accident Evaluation and Driver Counseling
Retraining
Discipline will be determined based on severity and /or occurrence
Post - accident drug and alcohol screening will occur in accordance with Student Transportation of America,
School and Department of Transportation regulations. The supervisor will be responsible for completing an
Accident Evaluation Form, which will be placed in the employee's personnel file. A record of any retraining
and re- evaluation will also be kept with the employee's file.
Staffing:
Santa Barbara Transportation Corp has in place an Operations Manager, Linda Billing, to manage the
operations of our facility in San Jose. The Operations Manager is responsible for the overall operations
including the coordination of STA's services and operations, and will work with designated Town or District
personnel and appropriate school officials. The Operations Manager has full autonomy to make their own
decisions about the operations and functionality of the terminal, and will be available to the Customer via a
dedicated cell phone line 24 hours a day, 7 days a week. This individual has direct access to STA's Sr. Vice
President, Donald Kissell, as well as our Area General Manager, Paul Okunewitch, who both make themselves
available for any issues in which their assistance may be desired. Additionally, Mr. Kissell and Ms. Williams
maintain an "Open Door" policy with all customers and are available for any discussions the Town may
request.
Field supervision falls within the Safety & Training Supervisor's area of responsibility. The Safety & Training
Supervisor and Training Coordinator conduct field supervision. In addition, our Dispatch and Operations
Manager review driver performance on a daily basis with the tools provided by the GPS systems installed on
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every bus. With these tools, our Operations team can monitor and review driver adherence to route times,
on time performance, adherence to speed limits, etc. Additionally, twice each school year, a Training
Supervisor conducts an on -board driver evaluation. An outline of a Road Evaluation was provided in our
proposal.
Our goal is to operate a first class transportation system that is safe, efficient and cost effective. We are only
successful when our customer is successful and satisfied with our services. We always look to make our
services more cost effective. We look at the routing to ensure that routes are optimized. We have achieved
a 98% contract renewal rate by keeping our operations within budget and providing the quality of service our
districts expect and deserve. Our Dispatchers and Operations Manager are the primary customer service
representatives at our San Jose facility. Our staff people are trained to communicate proactively with our
customers. If there is a problem with a bus or route being late or a safety concern or other operational issue,
our staff will initiate a communication with the Town to identify the issue and the propose solutions. For
customer service issues that the Town might initiate, our Operations Manager will be the main point of
contact for our organization. Specific concerns that may arise might be, based on the route scheduled times,
the bus is arriving too early or too late to the schools. In a case like this, STA staff would review the GPS data,
discuss the situation with the driver and perhaps conduct a field visit and make a recommendation to the
Town to adjust the route times. Other common inquiries that our staff people receive are calls from parents
asking for pickup /drop off locations and stop times. Our Dispatchers primarily handle these communications.
Our proposal includes the SafeStop mobile phone app for all parents to use at without additional cost. The
SafeStop app will allow parents to view the estimated time of arrival of the bus in near real time (within a
minute). The app can also be used to send messages out to users. Examples of messages might be a
reminder of an upcoming early dismissal or an advisory of a major traffic tie up that might cause a delay.
The Operations Manager is also responsible for the timely completion and submission of all invoices or
reports required by Los Gatos, and will assist the Town in completing all forms and documentation required
by Federal, State and local municipalities.
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