HomeMy WebLinkAbout2023-06-01 TPTRJPA1
SCHOOL BUS TRANSPORTATION SERVICES AGREEMENT
THIS AGREEMENT is made and entered into as of the 1st day of June 2023, by and between the Tiburon Peninsula Traffic Relief Joint Powers Authority (hereinafter called “JPA”), with principal offices at 1505 Tiburon Blvd., Tiburon, California 94920 and First Student, Inc. (hereinafter called “Contractor”), with its regional business offices at 13200 Crossroads Parkway, Suite 450, City of Industry, California 91746 and local business
offices for purposes of this Agreement located at 436 Parr Blvd., Richmond, California 94801. W I T N E S S E T H
WHEREAS, The JPA has selected Contractor to provide the pupil transportation services described herein; and WHEREAS, Contractor desires to provide such transportation services,
NOW, THEREFORE, in consideration of the covenants hereinafter contained, the parties agree as follows: SECTION 1: TERM
1.1 The term of this Agreement shall commence July1, 2023 and shall continue through June 30, 2028. This Agreement may be extended by mutual written agreement, subject to the terms and conditions as set forth herein.
SECTION 2: SCOPE OF SERVICES REQUIRED
2.1 Contractor shall, during the term of this agreement, supply and maintain such school buses and personnel as are required to provide “Basic Transportation” as defined below.
2.2 "Basic Transportation" shall mean the safe transportation of any and all pupils who are designated by the JPA to be transported between school and a point reasonably close to the pupils' homes. Such transportation shall be provided for each and every day that school is convened and in accordance with bus routes and
schedules established between the JPA and Contractor.
2.3 The JPA and Contractor will consult on a regular basis concerning the Transportation requirements of the JPA. 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. The JPA may increase
or decrease services to be provided by Contractor under this Agreement. However, where such increases or decreases impact, by 1 or more buses, the number of buses the Contractor must provide under the assumed routes and schedules contained in this Agreement, the JPA and Contractor shall in good faith,
renegotiate the rate(s) of compensation at which services are provided to cover
increases or decreases in cost structure associated with such changes by the
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JPA. SECTION 3: COMPENSATION AND BILLING
3.1 In consideration for services rendered hereunder, the JPA shall pay to Contractor all sums due and owing and calculated in accordance with the rates set forth in Exhibit A, as may be adjusted pursuant to the provisions herein. Not later than the 10th working day after the end of each billing period during the term of this Agreement,
Contractor will submit to the JPA a statement of its services rendered during the prior billing period. After verification of the statement, JPA shall pay the amount due to Contractor on or before the 20th business day following the date on which the statement had been submitted.
3.2 Contractor agrees to provide Reed Union School District (RUSD) with field trip transportation services on an as needed basis. Cost of this service will be calculated in accordance with the rates set forth in Exhibit A, as may be adjusted pursuant to
the provisions herein. Contractor agrees to bill RUSD directly for services provided under this provision. SECTION 4: ESCALATION
4.1 The JPA and Contractor recognize that certain of Contractor’s costs are subject to change during the term of this Agreement. As such, the JPA and Contractor have negotiated escalation amounts set forth in Exhibit A. 4.2 In the event of unusual circumstances, such as changes in state or federal taxes,
laws or specifications (to include but not be limited to any requirements that seat belts be installed in vehicles), which causes any of the Contractor’s operating costs hereunder to increase at a rate in excess of any negotiated escalation, then the parties shall determine a reasonable and just amount to cover such increase, and rates of Contractor compensation set forth in Exhibit A shall be adjusted to reflect
such increase.
SECTION 5: FUEL
5.1 Contractor shall purchase at its own cost, inclusive of all fuel taxes, all fuel required for the operation of buses hereunder.
SECTION 6: ROUTES AND SCHEDULES
6.1 The JPA, in consultation with Contractor, shall be primarily responsible for planning
all routes, stops and schedules. The JPA shall furnish Contractor a complete route
schedule prior to the start of each school year. Contractor shall use the route information provided by the JPA to calculate the approximate time of pick up and drop off for each stop and shall provide a list of such times to the JPA. The JPA shall inform parents and families of these times.
6.2 The JPA reserves the right to establish the routes and schedules to be followed and to make changes therein from time to time. The JPA shall notify Contractor
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whenever changes are necessary in routes or time schedules, and Contractor shall make a reasonable effort to adjust its operations to incorporate such changes within five (5) business days after notice is received from the JPA. In the event the JPA
changes routes or schedules once service has begun or been published, the JPA
will assist in re-publication of changes or other notification to those patrons whose service has been changed. Contractor shall consult with the JPA as to stops or portions of routes that Contractor considers to be a safety concern due to traffic patterns or configurations. In the event any stop or portion of a route remains
unchanged by the JPA after such discussions, and Contractor believes such stop or
route presents an unacceptable safety risk to Contractor’s property or students, Contractor may reject the stop or route portion and provide the JPA with alternative designations by written notice.
SECTION 7: RECORDS AND REPORTS
7.1 Contractor shall provide within 30 business days of any request, those reports and records which may be reasonably requested by the JPA pertaining to students, routes, stops, mileage audits and other information having to do with daily
operations. In reviewing Contractor’s records, the JPA shall protect the confidentiality of Contractor’s proprietary or confidential information included in the data provided. 7.2 Contractor shall maintain such records and submit such reports, as are deemed
necessary by the JPA and as negotiated between Contractor and the JPA from time to time. All reports required by the JPA shall be submitted on forms mutually agreed upon by both parties. Contractor will not be responsible for filing on behalf of the JPA any state or regulatory reports concerning ridership or reimbursement.
7.3 Contractor shall immediately notify the Superintendent of the Reed Union School District (or designee) and the JPA, by telephone and confirmed as soon as practicable in writing, of the occurrence of any incident involving student riders, or a traffic violation or accident reportable by law that involves a vehicle with
passengers that is being used to provide transportation services pursuant to this
Agreement. Written notification shall contain a full and complete statement of all relative facts including police case number when available. SECTION 8: INDEMNIFICATION
8.1 Contractor agrees to indemnify, hold harmless and defend the JPA, its governing board, officers, employees and agents from and against every claim or demand which may be made by any person, firm, or corporation, or any other entity arising from or caused by any act of neglect, default or omission of Contractor in the
performance of this Agreement, except to the extent that such claim or demand
arises from or is caused by the negligence or willful misconduct of the JPA, its agents or employees. 8.2 The JPA agrees to indemnify, hold harmless and defend Contractor, its directors, officers, employees and agents from and against every claim or demand which may
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be made by any person, firm, or corporation, or any other entity arising from or caused by any act of neglect, default or omission of the JPA in the performance of this Agreement, except to the extent that such claim or demand arises from or is
caused by the negligence or willful misconduct of Contractor, its agents or
employees. SECTION 9: INSURANCE
9.1 Contractor shall, at its expense, procure and keep in force during the entire term of this Agreement for claims arising under this Agreement, General Liability and Automobile Liability Insurance to protect Contractor, its drivers and other personnel. Contractor shall provide General Liability limits of not less than $10,000,000 each occurrence and aggregate bodily injury and property damage
and $10,000,000 Personal Injury each occurrence and aggregate; Automobile
Liability limits of not less than $10,000,000 combined single limit for bodily injury and damage to property for all owned, hired and non-owned autos; and umbrella coverage of not less than $2,000,000 in addition to the limits listed above, Contractor shall also maintain uninsured/underinsured motorist coverage and
medical payments coverage to the extent required by law. Contractor agrees to
provide to the JPA a certificate of insurance evidencing such coverage and designating the JPA as an additional insured as its interest may appear for both the General and Automobile Liability programs, such certificate to be provided by July 1st of each contract year, or on renewal of such policies.
Contractor agrees that no coverage shall be canceled except by thirty (30)
days’ written notice from Contractor to JPA. Insurer shall maintain a minimum A.M. Best's & Company rating of A or Contractor shall obtain insurance from a company mutually agreed upon between the Contractor and the JPA. Contractor shall provide the JPA with a certificate of insurance as evidence of
having statutory workers' compensation coverage at levels and in forms required
by the laws in which Contractor shall operate for this Agreement. 9.2 The JPA will, at its own expense, procure and keep in force general liability
insurance as is customary in the business and at limits of not less than
$2,000,000 SECTION 10: FORCE MAJEURE
10.1 In the event Contractor is unable to provide the transportation services as specified
in this Agreement because of any act of God, civil disturbance, fire, riot, war, terrorism, picketing, strike, labor dispute, labor shortages, governmental action or any other condition or cause beyond Contractor's control or any other force majeure clause as defined by state law, the JPA shall excuse Contractor from
performance under this Agreement.
SECTION 11: SCHOOL CLOSINGS OR CHANGES IN SCHEDULE
11.1 Whenever (a) inclement weather or impassability of roads occurs, (b) school is
canceled or delayed, (c) the school day is scheduled for other than regular start or
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end times, or (d) school is dismissed early for any reason, the JPA shall notify Contractor not later than 6:00 a.m. on the day of such cancellation or delay or not later than two (2) hours before early dismissal or. If the JPA does not notify
Contractor by 6:00 a.m., the JPA shall pay Contractor half the daily rate per bus for
that day. 11.2 Notwithstanding the foregoing, in the event of circumstances in the operation of any school which necessitate early dismissal for student health or safety reasons, the
Contractor and the JPA shall cooperate to facilitate orderly transportation of students
in the most efficient manner possible in light of the circumstances presented. SECTION 12: DAMAGES FOR FAILURE TO PROVIDE SERVICE
12.1 Contractor’s refusal, failure, and/or delay in performing the services as required by
this Agreement shall subject Contractor to withholding of payment for those services, at the discretion of the JPA, as provided below. 12.1.1 Missed Entire Bus Route. For the purposes of assessing damages
under this section, if Contractor fails or refuses to perform services for
both morning and afternoon portions of a Bus Route, Contractor shall not charge, or shall credit if already paid, the Daily Rate (4 hour minimum) in Exhibit “A”, for each occurrence. 12.1.2 Missed Portion of Bus Route. For the purposes of assessing damages under this Section, when the start of the morning or afternoon portion of a bus route is delayed by 30 minutes or more
through the fault of the Contractor, the Contractor will pay liquidated
damages of $325.00 per occurrence not to exceed $650.00 per day. 12.1.3 Delayed Portion of Bus Route(s). For the purposes of assessing damages under this Section, when the start of the morning or
afternoon portion of a bus route is delayed by more than 15, but less
than 30 minutes through the fault of the Contractor, the Contractor will pay liquidated damages of $200.00 per occurrence not to exceed $400.00 per day. 12.2 The JPA shall notify Contractor of its intent to assess charges within two (2) operating days of any interruption in service. The JPA shall deduct the sum of charges assessed for a given billing period from the payment to Contractor for the
period. Failure to either timely notify Contractor of intent to assess charges or
deduct assessed charges from the payment to Contractor for the period, shall relieve Contractor of any obligation for damages in the given period.
12.3 The provisions of this section shall not apply when the failure to provide service is caused by conditions beyond the control of Contractor (i.e. road closures, natural disasters), as determined by the JPA. In the event there are unknown, or extenuating circumstances, Contractor shall have the right of appeal, with said
appeal being considered by the JPA Board of Directors at their next regularly
scheduled meeting.
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12.4 The assessment of charges shall not relieve Contractor of its obligations under this
Agreement, including, but not limited to, the obligation to provide spare buses and qualified drivers in numbers sufficient to prevent interruptions in service.
SECTION 13: SAFETY PROGRAM
13.1 Contractor shall be responsible for implementing, maintaining, and reviewing annually a comprehensive pupil transportation safety program.
13.2 Contractor’s employees shall not be required to perform any medical functions for
passengers. SECTION 14: MANAGEMENT PERSONNEL
14.1 Contractor shall employ management personnel who shall be responsible for the
efficient operation of the transportation services furnished hereunder and who shall be Contractor's liaison to the JPA. Contractor will designate a crisis management contact person for emergency contact with the JPA. Prior to the start of the school year, Contractor shall inform the JPA of the name, contact telephone number and
address of such management personnel. 14.2 The JPA shall employ management personnel who shall be responsible for coordination of the student transportation requirements of the JPA to be furnished
under this Agreement and who shall be the JPA's liaison to Contractor. the JPA will
designate a crisis management contact person for emergency contact with Contractor. Prior to the start of the school year, the JPA shall inform Contractor of the name, contact telephone number and address of such management personnel.
SECTION 15: OPERATIONS PERSONNEL/DRIVERS
15.1 Contractor shall employ a sufficient number of qualified drivers and support personnel to assure the JPA of continuous, reliable, safe, and on time service.
15.2 Contractor shall take reasonable steps to prevent its employees from exposing any
pupil to impropriety of word or conduct. Contractor 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.
15.3 Contractor shall be responsible for hiring and discharging personnel employed by
Contractor to perform its obligations hereunder. However, the JPA shall have the right to request Contractor to remove from service to the JPA any employee who, in the JPA’s sole discretion, is deemed unsuitable for the performance of transportation services for the JPA; provided that the JPA shall make such request
in writing, state the reasons therefore and include any supporting documentation,
and provided further that such request does not violate applicable local, state or federal laws, rules or regulations.
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15.4 Contractor shall provide qualified driver/trainers and qualified drivers, trained and licensed in accordance applicable laws and the rules and regulations of the JPA. Not less than thirty (30) days prior to the start of any school year, the JPA shall
advise Contractor of the JPA’s requirements for training or qualification for drivers or
driver/trainers. Contractor will, to the extent such requirements do not conflict with state or federal laws, implement such requirements into its hiring and training programs for drivers servicing the JPA’s students. Contractor agrees that each driver shall:
15.4.1 Possess a valid license or permit issued by this State authorizing such person to operate a school bus. 15.4.2 Be certified by a duly licensed medical practitioner as medically qualified
and free of medical or physical conditions, which, absent reasonable
accommodation, would limit safe operation of a school bus. The physical examination shall be conducted prior to employment and periodically thereafter.
15.4.3 Possess a satisfactory driving record and criminal history record, after
review of such records prior to employment and periodically thereafter to the extent permitted or available by law. 15.4.4 Prior to employment and from time-to-time thereafter, to the extent
permitted by law, undergo such tests as may reveal, within a reasonable
degree of medical or scientific certainty, the presence or absence of drugs or controlled substances in the body and such tests as may clinically reveal alcoholism or alcohol abuse. Negative findings for such tests shall be a condition of employment.
15.4.5 Operate a computer/tablet provided by the JPA, and on every bus route, follow a JPA provided protocol for operation of computer/tablet. JPA shall
provide computer/tablet protocol no later than thirty (30) days prior to the
start of any school year. 15.4.6 Meet any other criteria required by law or by the JPA’s policies, rules or regulations.
SECTION 16: TRAINING REQUIREMENTS
16.1 Contractor shall provide thorough instruction to drivers in compliance with state and federal safety and operations guidelines and regulations. The JPA shall have the
right to review course content.
16.2 Prior to the start of the school year, Contractor will provide time at one of its driver orientation sessions so that the JPA, or its representatives, may address drivers
assigned to work under this Agreement on matters relating to the expectations
for student conduct and to familiarize drivers with members of the JPA. Such orientation will be at a time and place mutually agreed upon by Contractor and the JPA. The JPA may not distribute materials to drivers without Contractor approval.
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SECTION 17: EQUIPMENT
17.1 All school buses supplied by Contractor in performance of this Agreement shall meet or exceed the standards established by the applicable laws and
regulations. Contractor shall maintain the school buses used to provide
transportation services under this Agreement in accordance with law and accepted industry maintenance standards.
17.2
During the term of this Agreement, the Contractor shall use vehicles where at no
time shall the age of any bus exceed the maximum age listed below:
For the 2023-24 School Year 6 Years
For the 2024-25 School Year 7 Years
For the 2025-26 School Year 8 Years
For the 2026-27 School Year 9 Years
For the 2027-28 School Year 10 Years
17.3 Contractor agrees that if the JPA has just cause and requests removal of a bus from its fleet, said bus will be removed. The JPA shall make all such requests in writing to Contractor, and Contractor shall have a reasonable opportunity to review and respond to concerns advanced by the JPA.
17.4 In the event the JPA or any governmental agency imposes additional equipment requirements other than those set forth above on Contractor’s vehicles during the term of this Agreement which are specific requirements for the operation of this contract or immediate installation is required for continuing
operation of the vehicles, Contractor and the JPA shall negotiate in good faith concerning price increases applicable to such equipment installation. 17.5 Contractor agrees that all vehicles shall be equipped with two-way radios. Contractor agrees to perform an inspection of all radios prior to the start of the
school year to ensure proper performance. SECTION 18: PUPIL DISCIPLINE/VANDALISM 18.1 The ultimate responsibility and authority to suspend or expel any pupil from
transportation services hereunder shall rest with the JPA. Contractor's drivers are responsible only for such discipline as is required to properly and safely operate Contractor’s buses. Each driver shall handle all disciplinary matters in strict accordance with the JPA policy. In no case will a driver eject a pupil from a bus for misbehavior except in the event of an extreme emergency endangering the safety
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of other pupils and then only after radio notice to Contractor's terminal and to the pupil's building or school principal. In all cases of disciplinary ejection, the bus shall remain at the approximate area of student discharge until authorities arrive on site
and authorize it to proceed on route. All discipline problems shall be reported in
writing by the next school day following completion of the route. The JPA and the Contractor will, in the event the contractor determines that a pupil poses a danger to himself/herself or other passengers, cooperate to provide a safe transportation environment prior to the Contractor being required to transport such
pupil. Further procedures and regulations for the administration of discipline shall
be established cooperatively between the JPA and Contractor. 18.2 Vandalism, damage to Contractor's equipment or facilities shall be the responsibility of Contractor. The JPA shall give Contractor reasonable assistance in obtaining
restitution for damaged equipment or facilities where damage is determined to be
caused by the JPA students or personnel. Contractor may, with the written concurrence by the JPA, refuse to provide a pupil with transportation services until vandalism damages caused by such pupil are paid.
SECTION 19: ASSIGNMENT
19.1 This Agreement shall not be assigned by the parties hereto, without the written consent of the JPA, which consent shall not be unreasonably withheld or delayed. However, the Contractor may assign this Agreement if the assignment is made to a
parent, subsidiary, related or affiliated company. SECTION 20: TERMINATION
20.1 If either party violates any of the covenants or duties imposed upon it by this
Agreement, such violation shall entitle the other party to terminate this Agreement
in accordance with the following procedure: The non-defaulting party shall give the offending party thirty (30) days’ written notice of default and the opportunity to remedy the violation. If at the end of such 30-day default notice period, the party notified has not remedied the purported violation, the non-defaulting party may
terminate this Agreement as follows: on the first business day following the last day
of the 30-day default notice period, the non-defaulting party shall give the defaulting party 15 days’ notice of termination. If the non-defaulting party does not provide this 15-day notice of termination, the default notice shall be deemed rescinded.
20.2 The JPA reserves the absolute right without cause to cancel this Agreement effective
at the end of any Contract Year upon the failure of the state legislature to provide adequate funding to allow the JPA to provide transportation services to students within the JPA. In the event the JPA shall elect to terminate this Agreement due to state legislative funding deficiencies, the JPA shall give written notice to
Contractor on or before May 1 prior to the end of any Contract Year for services to
be rendered in the following Contract Year. In the event state funding is restored following a termination of this Agreement under this Section, Contractor shall be entitled to a right of first refusal to provide continuing service to the JPA under this Agreement.
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20.3 Either party may terminate this Agreement for convenience upon ninety (90) days written notice to the other party.
SECTION 21: SURVIVAL
21.1 The mutual obligations described in Compensation and Billing, and Indemnification hereof shall survive the termination or expiration of the Agreement.
SECTION 22: STATUS OF CONTRACTOR
22.1 In the interpretation of this Agreement and the relations between Contractor and the JPA, Contractor shall be construed as being an independent contractor
employed to provide transportation services only. Neither Contractor nor any of its
employees shall be held or deemed in any way to be an agent, employee or official of the JPA. Contractor shall be responsible for, and hold the JPA harmless from any liability for unemployment taxes or contributions, payroll taxes or other federal or state employment taxes.
SECTION 23: SEVERABILITY
23.1 In the event any provision specified herein is held or determined by a court of
competent jurisdiction to be illegal, void or in contravention of any applicable law,
the remainder of the Agreement shall remain in full force and effect.
SECTION 24: EXTENSION AND MODIFICATION
24.1 Contractor and the JPA may extend or otherwise modify the terms of this Agreement in whole or in part as circumstances may justify by mutual written
agreement executed by the duly authorized representatives of the parties. SECTION 25: NOTICE TO PARTIES
25.1 All notices to be given by the parties to this Agreement shall be in writing and
served by depositing same in the United States mail, postage prepaid, registered or certified mail. Notices to the JPA shall be addressed to:
Tiburon Peninsula Traffic Relief Joint Powers Authority Tiburon Town Hall Attn: Greg Chanis, Town Manager 1505 Tiburon Boulevard Tiburon, CA 94920
Notices to Contractor shall be addressed to:
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First Student, Inc. 13200 Crossroads Parkway, Suite 450 City of Industry, CA 91746
Attn: Elizabeth Sanchez, Senior Vice President
With a copy to:
First Group America 600 Vine Street, Suite 1400 Cincinnati, OH 45202
Attn: General Counsel 25.2 The JPA or Contractor may change its address of record for receipt of official notice by giving the other written notice of such change and any necessary mailing instructions.
SECTION 26: ENTIRE AGREEMENT
26.1 This Agreement sets forth the entire agreement between the JPA and Contractor concerning the subject matter hereof. There are no representations, either oral or
written, between the JPA and Contractor other than those contained in this Agreement. SECTION 27: COMPLIANCE WITH THE LAW
27.1 Notwithstanding any contrary provision in this Agreement, Contractor shall comply with federal, state and local laws, rules and regulations in providing transportation services described herein. SECTION 28: DISPUTE RESOLUTION
28.1 The parties shall negotiate in good faith in an attempt to resolve any dispute that may arise under this Agreement. Disputes that cannot be resolved by negotiation shall be submitted to mediation using a mutually agreed upon mediator. In the
absence of an agreement on a mediator, each party shall select a temporary
mediator and those mediators shall jointly select the permanent mediator. If mediation is not successful, the parties may pursue their remedies as they choose. Nothing in this Agreement shall be deemed to prevent the parties from agreeing in the future to submit a dispute to arbitration.
SECTION 29: PLACE OF CONTRACT/CONTROLLING LAW
29.1 This Agreement shall be governed by the laws of the State of California. All references in this contract to the "state" shall mean the State of California. All regulations, laws and requirements of the state shall mean the regulations, laws or requirements of the State of California.
SECTION 30: AUTHORITY
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30.1 Both parties warrant that they are properly authorized to enter into this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove written.
First Student, Inc. Tiburon Peninsula Traffic Relief
Joint Powers Authority
By: By:
Name: Name: Bob McCaskill
(Print) (Print)
Title: Title: JPA Board Chairman
Date: Date: June 30, 2023
Kim Worster
Sr Vice President
6/30/23
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EXHIBIT A
TIBURON PENINSULA TRAFFIC RELIEF JOINT POWERS AUTHORITY RATE SCHEDULE Fiscal Years 2024-2028
HOME-TO-SCHOOL SERVICE
Rates Per Bus Per Day
Daily Rate for 4 Hour Minimum (Per Bus)
Hourly Rate for Service Exceeding 4 Hours (Per Bus)
Daily Rate for 5 Hour Minimum (Per Bus)
Hourly Rate for Service Exceeding 5 Hours (Per Bus)
Daily Rate for 8 Hour Minimum (Per Bus)
Hourly Rate for Service Exceeding 8 Hours (Per Bus)
$658.71 $79.05 $737.75 $79.05 $974.88 $79.05
STORAGE
Per day credit amount for intra-County storage (discount from daily rate), per bus.
Credit Per Bus/Per Day
$7.13
ADJUSTMENT OF RATES
Compensation for all services provided under the terms of this Agreement shall be increased annually commencing on July 1, 2024, and on July 1 of each contract year thereafter. The basis for such increase shall be the United States Bureau of Labor Statistics’ Consumer Price Index for All Urban Consumers (CPI-U) for the San Francisco-Oakland-Hayward, CA Metropolitan Area, issued in April of each year
covered by the term of this Agreement, for the preceding annual period. However, in no event shall the rate increase in any contract year be less than 3.5% (floor), nor greater than 5% (ceiling). Such rate increase shall be applied to each current year rate to adjust the rate schedule for the succeeding year.
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