Student Transportation

SCHOOL TRANSPORTATION CONTRACT

This Contract is made by and between the KENOSHA UNIFIED SCHOOL DISTRICT
NO. 1, ("District" or "KUSD") and FIRST STUDENT, INC., ("Contractor") for purposes of
student transportation services,

WITNESSETH:
IT IS AGREED by and between the parties hereto as follows:

1, Contract Term. This Contract shall be considered binding between the parties
hereto for a period of six (6) school terms from August 17, 2020, to August 18, 2026, and shall
include summer school sessions as may be required in calendar years 2021 through 2026.

2. Transportation of Students. Pursuant to the provisions and limitations of the
Wisconsin Statutes, the District hereby retains the Contractor and the Contractor accepts such
retention and agrees to transport the students enrolled in the Kenosha area schools in compliance
with the routes, passenger lists, time schedules and days of operation as designated by the District
with buses of sufficient capacity to legally accommodate the number of passengers for whom
transportation is provided by. The Contractor agrees that it will provide and operate transportation
vehicles that meet all federal, state and local specifications, rules and regulations and the rules and
regulations of the District, which are consistent with such requirements.

3. District Responsibilities.

a. The District shall supply to the Contractor with the names, addresses,
telephone numbers, grades, and school placements for all public and private school
students who will be transported by the Contractor, and any other information necessary
for the Contractor to plan routes. Additions and deletions to the original lists will be
communicated to the Contractor as they become known during the school year and the
summer.

b. Before the beginning of each school year, the District will make every
reasonable effort to supply the Contractor with all forms necessary for the Contractor to
perform under the Contract. These forms include, but are not limited to, District calendars,
school start times, student misconduct forms, rules and regulations for all students, and
District transportation policies and procedures. If Contractor requires a form that the
District has not provided, Contractor will notify the District.

c At the end of each school year, the District will provide the Contractor, a
listing of all starting and closing times for the next school year for all of the public and
private schools,

d. The District is responsible for disciplining students who do not follow
appropriate behavior rules and guidelines while being transported by the Contractor.
However, Contractor and its drivers must collaborate and partner with the District with
regard to student discipline.

e. The District shall determine which transportation software to utilize for
maintaining transportation records, scheduling runs, routes and route optimization
(currently using Versatrans), The Contractor shall be required to utilize such software and
will be provided access to the software by the District at no cost to the Contractor.

f. The District retains the right in its sole discretion to make the final
determination of the method of transportation for each and every public and private school
student.

2 The District hereby designates the Contractor and its employees as school
district officials for purposes of state and federal pupil records laws. The Contractor and
its employees shall maintain the confidentiality of any and all pupil records and information
contained therein in accordance with such state and federal pupil records laws. The
Contractor shall make sure its employees receive training regarding the confidentiality
obligations set forth in state and federal pupil records laws.

4. Scope of Work.

a. The Contractor shall provide and furnish all buildings, sites, materials,
labor, and equipment necessary to transport all students to and from their homes and their
respective schools for the term of the Contract. The Contractor shall make buses available
within specific times to the District for the purpose of transporting the District's students
and staff to other points and destinations for such curricular, co-curricular, and field trips
as may be requested by the District.

b. The Contractor shall, at its expense, procure and maintain in effect any and
all licenses, permits, and certifications, which are or may be required by the regulatory
bodies for the performance of student transportation services.

c The Contractor shall assume all costs of the transportation operation,
including but not limited to costs for buildings, sites, vehicles, communication and
technology equipment, maintenance, supplies, accessories, all required insurance
coverages, and salaries and benefits for drivers, attendants, and all other employees
necessary to carry out the services required, except as provided herein.

d. The Contractor must work in conjunction with the KUSD's Transportation
Supervisor for all routing and scheduling involved in the student transportation system.
The routes will be prepared according to standards determined and communicated by the

2

District to the Contractor for length of ride, walking distance to meet the bus, elementary
students separate from secondary students (6th-12th grade), and comfortable seating
capacity. The Contractor is responsible for maximizing efficiency when setting up bus
routes and engaging in a continuous effort to combine routes whenever possible.

e. Itis understood and contemplated that the total number of students attending
school in the Kenosha area schools may vary, and the pick-up and transportation service to
be provided at those stops designated by the District Transportation Supervisor will be
furnished to students eligible for transportation under the policy of the District, and the
applicable statutes, within the legal space capacities of the buses and on streets and roads
proper for said vehicles. The District and Contractor will consult on a regular basis
concerning the transportation requirements of the District. In the event of increases or
decreases in the number of students requiring transportation, or in routes or schedules, the
number of buses and the number of spare buses will be adjusted accordingly. Should an
increase in the number of students require additional transportation equipment, the
Contractor shall provide such equipment and transportation service as required by law
allowing for purchasing lead time and at the rates specified for the various categories or
classes of transportation set forth herein. In the event that the District increases or
decreases the number of buses being used by more than five (5), the parties shall negotiate,
in good faith, to adjust the rates at which services are provided to cover increases or
decreases in cost structure associated with such changes by District.

f. Before the beginning of each school year, the Contractor shall furnish to the
District a listing of names, addresses, and telephone numbers of all drivers and attendants,
along with their assigned routes who will be providing services under the Contract. The
District reserves the right to demand that a driver(s) be reassigned or replaced if, in the
District's opinion, the driver(s) is/are unsatisfactory in their assignment.

g Before the beginning of each school year, the Contractor will provide the
District with a complete set of written descriptions for all routes. After the first two (2)
weeks of school have been completed the Contractor will have three (3) days to process
any requests for changes. Requests for changes must be received before noon to be
included in as the first day of such requests.

h. Before the beginning of the school year, the Contractor will provide
evidence to the District that each bus run/route has an assigned driver and that each
run/route has had a practice run with the assigned driver doing it. During the practice run,
the drivers shall check that the run/routes are accurate and that the pickup times are
matching the driver directions. The drivers are expected to report to the Contractor any
scheduling conflicts or errors they may come across during the practice runs.

i, The Contractor, may permit a driver to choose to change assigned
runs/routes during the school year; however, the Contractor will require that any driver
doing a new permanent run/route will do a practice run with any new run/route before being

3

assigned to it at no cost to the District. Furthermore, the Contractor shall notify the District
of any such changes during the school year immediately and without delay.

j. The Contractor will maintain an informative website and/or other social
media site that provides information for students and families pertinent to transportation
services. Upon request, provided that the Contractor does not object to the content of the
information, the Contractor shall publish information from the District to include on the
website,

k. The Contractor will be responsible for proper supervision and performance
evaluation of drivers. The evaluation tool will rate, among other tasks, the driver's
performance regarding adherence to route plans. All drivers shall be evaluated for driving
competency, understanding of laws, regulations, customer service and relations, and
District policies.

1. The Contractor shall be responsible for conducting emergency evacuation
drills twice per year on each route. The drivers will be required to complete verification
forms listing the date, time, and location of the drills.

m. The Contractor shall provide to the District all necessary information for the
preparation of reports required by state agencies or the District including monthly
verification of actual riders. The Contractor will provide the capability to track all special
needs students' daily ridership electronically and provide the data to the District on an as
needed basis.

n. The Contractor shall employ appropriate management and office personnel
to adequately carry out the responsibilities and requirements of the transportation service
to include responsive customer service and effective operations. At a minimum, the
following office personnel are required to serve the District on site. The Contractor agrees
to provide a full-time on-site manager with complete authority to act on behalf of the
Contractor. The following positions will be required to be on site as well to support the
District: one (1) safety manager, one (1) route scheduler, one (1) driver dispatcher, and (1)
operations clerk, The Contractor agrees to have a minimum of two (2) office personnel in
the office answering phones during both the AM and PM routes.

0. The Contractor will be a member of appropriate professional transportation
organizations and participate in training offered by such organizations.

p. The Contractor will provide on-going training for management and office
personnel in areas such as management, customer service, technology training, and safety.
q. The Contractor will employ ASE certified mechanics or mechanics working

to be certified with the ASE certification to adequately service the vehicles and provide a

u The Contractor will provide and assign a bus monitor(s) to any school route
that is requested by the District. The Contractor will not charge the District for any monitor
that is not required by the District and has been assigned to a route by the Contractor. The
Contractor will provide and assign a monitor to all buses that are equipped with a
wheelchair lift for students who are physically handicapped.

v. The Contractor must provide on-going in-service meetings/training
programs for drivers and attendants in the area of safety, discipline, customer service, drills,
etc, Such training will be mutually agreed upon between the District and the Contractor.
In addition, the Contractor shall ensure that drivers and attendants participate in a minimum
of one (1) District coordinated driver training program per year at the District's expense.
Additional, specific training in student management techniques may be mutually agreed
upon after the parties consider the scheduling, delivery, and cost of training.

w. In the event of any traffic accident regardless of whether law enforcement
presence is required or students are aboard the bus, the Contractor will notify the
Transportation Supervisor within one (1) hour of such incident.

x. The Contractor shall comply in all respects to the requirements of the
Wisconsin Statutes for physical examinations of bus drivers. Physical examinations shall
be made as required while this Contract remains in force, and reports of such examination
shall be delivered to the District Transportation Supervisor upon request. Such reports of
physical examinations as required shall be submitted on forms prescribed by the Interstate
Commerce Commission, Bureau of Motor Carriers, or by the State Department of Public
Instruction. The Contractor shall be responsible for completion for all physical
examinations of its bus drivers at no expense to the District. The above provisions shall
also apply to bus monitors. All drivers and monitors shall be subject to drug and alcohol
screening prior to hire. The Contractor agrees to conduct on-going and alcohol screening
and furnish the Board with a summary report upon request.

5. Terminal Requirements.

a. The Contractor agrees to establish a terminal and base of operation within
the boundaries of the District. The Contractor's physical presence in the community is
very important to parents and District tax paying citizens.

b. The terminal shall include, at a minimum, the following features:

1) A fully equipped OSHA compliant maintenance shop with service
bays and bus washing bay to adequately service the fleet.

2) Appropriate office space for terminal and management personnel
and all appropriate office furniture, equipment, and technology.

3) Base station for the radio dispatch for all buses.

6

preventative maintenance program. On-going training will be provided to the mechanics
to keep current with industry standards and trends,

rr The Contractor shall employ the necessary number of mechanics, drivers
and monitors to fulfill the student transportation services required in the Contract. The
Contractor agrees to have bus drivers and monitors be assigned to the same routes insofar
as possible. Drivers will permit only those students or adults who are authorized by the
District to ride the bus. Drivers will follow designated routes provided by the District or
the Contractor. Drivers will be responsible to display and change all route identifications
on the bus and is to be displayed at the entrance of the bus so students know they are getting
on the right bus.

s. The Contractor shall make sure that all buses are operated at all times by
trained, competent, safe, and courteous drivers who meet the requirements for school bus
drivers as set forth by the Wisconsin Division of Motor Vehicles. In addition, the
Contractor shall make sure that all drivers are First Aid and CPR certified and understand
that they are responsible for following all of the District's transportation policies and
regulations. The District shall have the right to request that a driver or monitor be removed
from a route, reassigned or removed from complete transportation services under this
contract if the District's deems the driver or monitor unsuitable for the performance of
transportation services. The District shall provide such requests in writing, and will state
the reasons therefore and include any supporting documentation. The Contractor will
honor such requests so long as the request does not violate applicable local, state, or federal
laws, rules or regulations.

t The Contractor is required to establish and implement a screening, hiring,
and training program that includes at a minimum the following:

1) Contractor must conduct a check on the applicant's driving record.

2) Contractor must conduct a criminal background check on the
applicant.

3) Contractor must conduct a check of the applicant's references.

4) Contractor must provide training/orientation for the route the driver
will drive.

5) Contractor must provide all training required by law.

6) Contractor must provide supplemental safety, defensive driving,
assertive discipline, and customer service training prior to the driver
beginning any assignment.

/
.
/
|
|
.
|

1) Buses that arrive fifteen (15) to thirty (30) minutes after the
scheduled arrival or departure time will be assessed a penalty of one
(1) hour driving time for the trip.

2) Buses that arrive more than thirty (30) minutes after the scheduled
arrival or departure time will be assessed a penalty of two (2) hours
driving time or one half (1/2) of the scheduled minimum for the trip,
whichever is greater.

3) Buses that fail to perform the scheduled trip will be assessed the
scheduled cost of the trip.

4) Satisfaction for scheduled trip service is to be assumed. In the event
the District is dissatisfied with a scheduled trip, the Contractor
agrees to consider reasonable accommodation to the District for the
trip.

c. For each failure to provide and maintain GPS, video, or air conditioning that
is required on any given service day, the Contractor shall be assessed a penalty of one-half
(1/2) the cost of one (1) bus per day and will have forty-eight (48) hours to make corrections
before a new penalty can be assessed.

d. For each failure to display the proper bus route ID number on the bus, the
Contractor shall be assessed a penalty of five dollars ($5.00) for each such bus per day for
as long as the failure persists,

e The District shall notify the Contractor of penalties assessed within thirty
(30) days of infraction, so that the Contractor has the opportunity to investigate the matter
in order to either correct the cause of the penalty(s) or to establish the Contractor did not
cause the delays. If the District fails to alert the Contractor within thirty (30) days of any
penalties, the penalties will be waived.

f. In the event the Contractor agrees to any increase or decrease in service
levels, the Contractor shall be afforded a period of twenty-one (21) days following
implementation of such changes during which time no performance guarantees may be
assessed with respect to scheduled drop-off times or availability of buses on routes, while
the Contractor makes operational adjustments to meet the District's requirements.

7. Vehicle Requirements.

a. The Contractor shall provide the appropriate number and size of vehicles
needed for providing the transportation service as requested for the term of the Contract.
All vehicles must meet the specifications as prescribed by the federal government, the
Wisconsin Department of Transportation, Wisconsin Department of Public Instruction, and
the District.

4) Driver area where all drivers can check in and out and receive
training.

5) Appropriate meeting and training space.

6) Telephone service with a minimum of four incoming lines and
messaging capabilities.

7) Parking space and electrical hook-ups for all vehicles.

8) A 10,000-gallon capacity underground fuel tank with metering
dispensers and electricity to operate dispensers and no charge to the
District.

6. Performance Guarantees.
a. After the first three (3) weeks of the school year, performance guarantees

will be imposed for lack of service. These guarantees will apply for all contracted buses
transporting students to and from school and for curricular and extracurricular trips. One
(1) or more of these guarantees may apply to any one (1) route. Guarantees will not be
imposed for situations beyond the control of the Contractor. This includes, but is not
limited to, accidents, vehicles stuck in traffic, trains, closing of streets for repair, delays
due to extreme weather conditions, route changes given without proper notice, and
impassable streets, roads, or highways. All buses are expected to be at school on time:

o

Buses arriving fifteen (15) to thirty (30) minutes after the scheduled
arrival times for any school route in the AM, PM or Mid-Day can
be assessed a penalty of one quarter (1/4) of the cost of a bus per
day.

Buses arriving late for any school bell time on a consistent basis is
considered chronically late and can be assessed a penalty of one
quarter (1/4) of the cost of a bus per day (chronically late is any two
(2) week period of time where the bus is arriving after a scheduled
arrival time six (6) out of ten (10) days).

All buses arriving more than thirty (30) minutes after the scheduled
arrival times for any school route in the AM, PM, or Mid-Day can
be assessed a penalty of one half (1/2) the cost of a bus per day.
Failure to perform any assigned bus routes will be assessed the cost
of one (1) bus per day.

Failure to provide, and maintain in good working order, a two-way
radio on each vehicle carrying school children can be assessed a
penalty of one half (1/2) the cost of a bus per day.

db. All buses assigned to curricular and extracurricular trips are expected to be
on time. Performance guarantees will be assessed for the following situations:

|
|
/
|

be maintained in the same manner as the regular route buses and are subject to the above
requirements. At least one (1) of the spare buses must be a wheelchair bus.

k. All buses used to provide transportation service to the District must be
equipped with operable two-way radios. An adequate number of cell phones or spare
radios must be available so that no bus is ever without communication while transporting
students, A base station is required at the terminal and must be connected to an owned or
leased tower, The radios must be of quality to assure consistent reliable service within the
District boundaries (including coulees).

1. All buses must be equipped with cameras with audio and video capabilities.
The Contractor is responsible for maintaining spare cameras and hard drives so that all
buses are equipped with working technology. One (1) camera on every bus will be required
to provide video coverage of the passenger compartment at a minimum (a second camera
could be negotiated), One (1) camera on every bus will be required to provide video and
audio coverage of the driver area and the stepwell/door area of the bus. The Contractor
shall maintain video surveillance records in accordance with the Wisconsin School District
Records Retention Schedule, All access to videos will be provided to the District within
one (1) day of any request. The District will be provided immediate access to videos in
emergency circumstances where a health or safety risk may exist for a student or staff
member of the District. Furthermore, the Contractor shall not disclose such records to
anyone else without prior written approval from the District, except.to the extent required
by law. Within thirty (30) days of this Contract, the District and the Contractor will also
establish reasonable procedures for the review and maintenance of recordings.

m. The Contractor will provide and maintain at no cost to the District a GPS
system. All buses must be equipped with GPS fleet tracking capabilities and the ability to
electronically track student ridership. The GPS system must provide real time fleet
tracking along with the ability to provide parents a bus tracking application. The
Contractor will be responsible for updating all software with accurate vehicle information
for reporting and parent application purposes.

n. The Contractor agrees to make available to the District at no cost an
unmarked vehicle for the use by the District Transportation Supervisor. This vehicle will
be required to have the same two-way radio that all school buses have. The vehicle should
be in good condition and not older than eight (8) years old. The vehicle should be all wheel
drive, and preferably a SUV style. The District will be responsible for all fuel used by this
vehicle.

0. All buses used to provide transportation service to the District must be
equipped with electrical engine heaters.

10

b. The standard size buses required needed to provide regular education
transportation services are seventy-one (71) passenger buses that are diesel powered. All
other bus sizes and fuel source vehicles will be considered but must be approved for use
by the District before being used. The Contractor will also make every reasonable effort
to order on standard size buses the ability to have undercarriage storage compartments.

c. The buses needed for special needs routes can vary in size from twenty-one
(21) to fifty-three (53) passenger capacity. Some buses must be equipped with powered
wheelchair lifts and inside mounts for wheelchairs.

d. Wheelchairs must be secured with a four (4) point tie down system, and the
mounts must be configured to allow all wheelchair students to be seated in a forward-facing
position. Wheelchair passengers must be separately fastened to the vehicle through a lap
and shoulder belt system similar to Q'STRAINT(R). The wheelchair buses must also have
some conventional seating for some ambulatory riders.

e. The Contractor shall provide infant/booster seats, seat belts, and safety
harness that are determined to be used by the District.

f. All school buses will be equipped with a child check/reminder system to
prevent any student from being left behind on the bus.

g The District may require air conditioning for students which will result in
school buses being required to have air conditioning. Such requests will only be honored
if the District approves it. The District will compensate the Contractor for this added cost.

h. All vehicles used for special needs routes must be equipped with seat belts.

i, The Contractor agrees that no regular route bus shall be more than twelve
(12) years of age and no standby bus shall be more than thirteen (13) years of age at the
start of the school year. The Contractor agrees that the average age of the entire regular
route bus fleet at the start of the school year will not exceed seven and one half (7/2) years
of age. On an annual basis, no later than September 1, the Contractor will be required to
provide the District with a written inventory of its fleet of vehicles, specifying the chassis,
body, mileage, age, size, and serial number. This written inventory must be updated as
vehicles are replaced or added. Age of the vehicles shall be determined by the age listed
on the school bus title.

je The Contractor must provide a sufficient number of spare vehicles so as to
not cause any disruption in service. Required spare bus numbers that are required for all
buses that are assigned for daily bus services are ten percent (10%) for all large school
buses, ten percent (10%) for all small bus and lift buses. Eight (8) big buses will be
dedicated to prime-time trip buses and shall be available at all times. All spare buses must

9