N.M. Admin. Code § 6.43.2.14
Current through Register Vol. 35, No. 24, December 23, 2024
Section 6.43.2.14 - INDIVIDUAL OWNER OPERATOR EQUIPMENT CONTRACT (FORM)THIS AGREEMENT is made and entered into as this ______day of________. 20_______, by and between ______________________________ (local board of education) hereinafter called "BOARD" and _____________________(owner/operator) herein after referred to as "OWNER/OPERATOR." WHEREAS, OWNER/OPERATOR desires to provide such transportation equipment, fuel, and operation and maintenance associated with the use of the equipment under the terms of this contract; NOW, THEREFORE, in consideration of the covenants hereinafter contained, the parties agree as follows:
A. TERM: The term of this agreement shall commence ___________, 20_______ and shall continue through ______, 20______; This contract may be renewed annually thereafter on the same terms and conditions at the option of the BOARD.B. SCOPE OF SERVICES (1) OWNER/OPERATOR shall, during the term of the agreement supply and maintain the bus listed on Appendix A herein to provide transportation equipment to the BOARD consistent with the terms of this contract.(2) OWNER/OPERATOR shall, provide for the efficient maintenance and operation of the equipment as set forth herein.(3) OWNER/OPERATOR shall provide for the to-and-from transportation of students in grades kindergarten through twelve who attend school within the school district, of three and four year old children who meet the public education department approved criteria and definition of developmentally disabled, and for the transportation of students to and from their regular attendance centers and vocational programs approved by the public education department.(4) Transportation services shall be provided for _______school days in accordance with bus routes and schedules agreed to under the terms of this contract. For each day that a bus is not operated, the compensation paid the OWNER/OPERATOR shall be decreased by 1/____th of the total compensation for services provided in Subsection C, Paragraph (1) of this contract.(5) OWNER/OPERATOR shall comply with all federal and state laws, rules, policies and directives of the BOARD.C. COMPENSATION (1) The BOARD shall pay to OWNER/OPERATOR all sums due and calculated in accordance with the conditions of this contract. The BOARD agrees to pay the OWNER/OPERATOR $______________for purchase allowance/rental fees, and $___________________for fuel, operation and maintenance for a total of $ _________________to be paid in consecutive monthly installments as follows: __________equal installments of $_____________each, and a final installment of $____________, commencing on the _________day of________, 20_______.(2) The operation and maintenance reimbursement payable pursuant to this contract is subject to adjustment by the BOARD for route changes, bus replacement approved by the public education department, or changes in the provision of services. Contract amendments required; as a result of such adjustments shall be approved by the BOARD.(3) This contract may be further adjusted or payments withheld where audits or investigations by the district, hereinafter referred to as "DISTRICT" or public education department verify overpayments, underpayment, or expenditures in violation of state laws or rules or the terms of this contract.(4) The terms of this contract are contingent upon sufficient legislative appropriations for to-and-from transportation and authorization of the appropriation.D. FUEL: OWNER/OPERATOR shall furnish all fuel to be used in its performance of this agreement.E. OPERATION AND MAINTENANCE (1) The bus furnished and maintained by the OWNER/OPERATOR shall be of a type and with the equipment required by federal and state law and regulations, including applicable public education department rules.(2) OWNER/OPERATOR shall provide for all operation and maintenance of buses utilized for service under the terms of this agreement.(3) OWNER/OPERATOR shall ensure that buses operating under this contract meet established public education department safety inspection requirements.F. ROUTES AND SCHEDULES (1) OWNER/OPERATOR shall operate the bus according to the routes approved by the BOARD. The BOARD based on safety; efficiency and economy shall approve such routes.(2) On the 40th day of the school year, OWNER/OPERATOR shall furnish BOARD a complete route map and roster of eligible students who are transported. Additional reports shall be submitted as follows:_____ __________________________________________________________________________________________________________________________________________________________________________________________(3) The BOARD reserves the right to modify the routes consistent with the terms of this contract, should circumstances require such modifications. The superintendent or designee may modify stops and time schedules as required. The OWNER/OPERATOR shall be notified in writing by the BOARD's superintendent or designee when changes are necessary, and OWNER/OPERATOR shall adjust its operations to incorporate such changes.G. RECORDS AND REPORTS (1) All records required by state law or rules shall be subject to inspections and audits by the public education department, the office of the state auditor, and any auditor designated to conduct such inspections or audits. The public education department and the state auditor shall have the right to audit both before and after payment, and payment under this contract shall not foreclose the right of the BOARD to recover excessive or illegal payments.(2) The OWNER/OPERATOR shall complete appendix B, incorporated herein by reference, and shall submit annually a final expenditure report for fuel, operation and maintenance costs on forms provided by the public education department.(3) The OWNER/OPERATOR shall make such reports as may be required by the BOARD or the public education department. Failure to make required reports on time and with accuracy shall be considered a breach of contract and shall be cause to adjust payments or withhold payments until reporting requirements are met.(4) The CONTRACTOR shall not refinance or use a school bus on which a school district has a lien as collateral for any other loan without prior written permission of the public education department.H. INSURANCE: The BOARD shall provide automobile liability coverage to the OWNER/OPERATOR, which includes bodily injury, property damage, and physical damage for the bus under contract to the BOARD. The terms, conditions and limits of coverage shall be in accordance with that provided by the New Mexico public schools insurance authority or any other coverage provided by the BOARD and allowed by statute.I. INCLEMENT WEATHER AND SCHOOL CLOSINGS: In the event of inclement weather or impassability of roads or whenever school is canceled, delayed or is dismissed early, BOARD shall notify OWNER/OPERATOR not later than _______hours before service.
J. SAFETY: OWNER/OPERATOR shall be responsible for meeting all safety requirements established by local, state, or federal laws or regulations. A record of training and other safety reporting requirements shall be provided to the BOARD upon request.K. TERMINATION OF CONTRACT BY BOARD: Subject to procedures hereinafter set forth, the BOARD may terminate this contract before its expiration date for violation of law, terms of the contract, or rules and policies of the public education department or BOARD. The procedures for termination of this contract are as follows: (1) The BOARD shall serve notice upon the OWNER/OPERATOR in person, or by registered or certified mail, specifying the charges under which the contract is sought to be terminated, with a copy of such notice provided to the state transportation director.(2) The notice shall also specify a time and place at which the BOARD will hold a hearing on the charges made against the OWNER/OPERATOR which hearing shall not be more than ten (10) calendar days after service of the notice.(3) The OWNER/OPERATOR shall have the right to appear and be represented by legal counsel, to be heard, and to call witnesses in his/her own behalf.(4) The BOARD shall have the power to suspend the OWNER/OPERATOR pending a hearing on the charges.(5) The decision of the BOARD shall be final and conclusive, subject only to the approval of the state transportation director.(6) In the event that this contract is terminated, the secretary of public education shall calculate the remaining number of years that the bus could be used based on a twelve-year replacement cycle and calculate a value reflecting that use. The DISTRICT shall deduct an amount equal to that value from any remaining amount due on the contract. If no balance remains on the contract, the OWNER/OPERATOR shall reimburse the DISTRICT an amount equal to the value calculated.(7) In the event that this contract is terminated or not renewed, the buses owned by the OWNER/OPERATOR and used pursuant to this contract as set forth in appendix A herein shall be appraised by three qualified appraisers appointed by the BOARD and approved by the state transportation director. The operator succeeding to the contract shall purchase, with the approval of the OWNER/OPERATOR, all said bus at its appraised value.L. TERMINATION OF CONTRACT BY OWNER/OPERATOR: Subject to procedures hereinafter set forth, the OWNER/OPERATOR may cancel this contract before its expiration by the following procedures:(1) The OWNER/OPERATOR shall serve a written notice upon the BOARD in person or by registered or certified mail, with a copy of such notice provided to the state transportation director, specifying the reason for cancellation.(2) The notice shall also specify the date at which such cancellation shall be effective, but not less than sixty (60) calendar days after the service of notice.(3) Cancellation of the contract shall be effective only after the BOARD grants written consent and notice provided to the state transportation director.(4) This contract shall not be assigned to another individual or corporation.(5) In the event that this contract is terminated or not renewed, the secretary of public education shall calculate the remaining number of years that the bus could be used based on a twelve-year replacement cycle and calculate a value reflecting that use. The DISTRICT shall deduct an amount equal to that value from any remaining amount due on the contract. If no balance remains on the contract, the OWNER/OPERATOR shall reimburse the DISTRICT an amount equal to the value calculated.(6) In the event that this contract is terminated or not renewed, the buses owned by the OWNER/OPERATOR and used pursuant to the terms of this contract as set forth in appendix A herein shall be appraised by three qualified appraisers appointed by the BOARD and approved by the state transportation director. The operator succeeding to the contract shall purchase with the approval of the OWNER/OPERATOR all said bus at its appraised value. IN WITNESS WHEREOF we have set our hands and seals. ____________________________________________ BOARD OF EDUCATION, BY:____________________________________PRESIDENT, ATTEST: _______________________________SECRETARY, DECLARATION OWNER/OPERATOR hereby declares that he/she has no ownership interest of any type or degree in any fleet service contract with the BOARD, including without limitation, an interest in the nature of legal or rightful title, possessory interest, or a beneficial, equitable or pecuniary interest.
_________________________________OWNER/OPERATOR DATE________________________
M. Appendix A (Part I), INDIVIDUAL OWNER OPERATOR EQUIPMENT CONTRACT Bus # | Owner Code | Year | Model | Seating | Lift | Vehicle Identification | License Plate | Rental Fee |
N. Appendix A (Part II) INDIVIDUAL OWNER OPERATOR EQUIPMENT CONTRACT Bus # | Route Mileage | Route Description (area served) |
O. APPENDIX B INDIVIDUAL OWNER OPERATOR EQUIPMENT CONTRACT 20 _______ 20________ SCHOOL YEAR This contract approved by the______________________________ (BOARD) on _______/_________/________for_________________________ (OWNER/OPERATOR) to operate ________buses/routes set forth in appendix A to provide school transportation services includes the following amounts deemed necessary for OWNER/OPERATOR to carry out the terms of the contract safely, efficiently, and economically:(1) BUS PURCHASE/RENTAL FEE: $__________(2) TRANSPORTATION SERVICES: (estimated budget)(b) operation & maintenance and all other expenses $__________(3) total transportation services $__________(4) total estimated budget $__________N.M. Admin. Code § 6.43.2.14
12-31-98; 6.43.2.14 NMAC - Rn, 6 NMAC 9.4.1.14 & A, 10-15-01; A, 11-13-09