Section 7. Definitions

[Reserved] 6.43.2.8 SCHOOL BUS SERVICE CONTRACTS A. A local board may provide transportation services to students through the use of school bus service contracts. B. Local boards may enter into school bus service contracts with individual school bus owner- operators or with fleet owners or with both. A local board may not enter into any school bus fleet service contract with any person who is simultaneously employed by that local board as an individual one-bus owner/operator. C. All individual owner operator equipment contracts and fleet service contracts shall be in writing on forms approved by the public education department. D. For fleet contractors, the amount of the contract shall include recognition of fuel costs, operation and maintenance costs, and salary and benefits costs. For individual owner operator equipment contracts, the amount of the contract shall include recognition of fuel and operations and maintenance costs. E. Local boards may request assistance from the public education department regarding contracts; however, the public education department shall not be a party to the contract and shall not participate in the negotiations. F. The local board shall give preference to in-state providers and the use of multiple providers when awarding contracts. G. The local board may agree to a five-year contract period. Any changes in the terms of the contract require that the contract be renegotiated/amended. At the end of the contract period the contract may be renewed annually on the same terms and conditions at the option of the local board. H. The local board may terminate a school bus service contract in accordance with the provisions of state law and the school bus contract. I. The contractor, may with the approval of the local school board, terminate a contract in accordance with state law and the school bus contract. J. The contractor shall comply with the terms and conditions set forth in the public education department contract form e local board may terminate a school bus service contract in accordance with the provisions of state law and the school bus contract. I. The contractor, may with the approval of the local school board, terminate a contract in accordance with state law and the school bus contract. J. The contractor shall comply with the terms and conditions set forth in the public education department contract form. The contractor shall be subject to all federal and state laws and regulations, which govern school transportation. K. The local board shall comply with the procedures established by the secretary of public education for the purchase and replacement of school buses. 6.43.2 NMAC 2 L. The local board shall comply with all state laws and regulations governing school transportation. The local board shall negotiate contracts for the required services at a fair and reasonable price. M. The school district shall ensure that a lien is filed in its name on every contractor-owned school bus under the contract. The school district shall also ensure that a lien is perfected in its name on each contractor- owned school bus with the motor vehicle division of the taxation and revenue department. The lien shall be recorded on the title of the school bus. The school district shall provide documentation to the state transportation director that the school district has filed a lien on each school bus authorized under contract with the school district. A school bus 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 The school district shall provide documentation to the state transportation director that the school district has filed a lien on each school bus authorized under contract with the school district. A school bus 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. The school district shall release its lien on a school bus when: (1) the public education department authorizes a replacement of the school bus; or (2) the contractor has reimbursed the school district the amount calculated by the public education department; if the school district fails to take action to collect money owed to it when a school bus contract is terminated or not renewed, the public education department may deduct the amount from the school district's transportation distribution. [12-31-98; 6.43.2.8 NMAC - Rn, 6 NMAC 9.4.1.8, 10-15-01; A, 11-13-09] 6.43.2.9 INDIVIDUAL OWNER OPERATOR A. An individual who owns only one bus and drives the bus on a full time basis is, as a driver, considered an employee of the district. The local board shall enter into an employment contract with the driver. The driver's salary shall be calculated on the local board's established salary schedule for bus drivers. Benefits shall be calculated on the salary amount according to the established benefit rates. B. The local board shall negotiate an individual owner/operator equipment contract for the use of the bus to provide transportation services consistent with provisions of state law and public education department rules. C. The local board shall ensure that the owner/operator meets training and drug testing requirements in compliance with federal and state laws and public education department rules. D The local board shall negotiate an individual owner/operator equipment contract for the use of the bus to provide transportation services consistent with provisions of state law and public education department rules. C. The local board shall ensure that the owner/operator meets training and drug testing requirements in compliance with federal and state laws and public education department rules. D. The individual owner/operator shall have no ownership interest of any type or degree in any fleet service contract with the local board, including without limitation, an interest in the nature of legal or rightful title, possessory interest, or a beneficial, equitable, or pecuniary interest. [12-31-98; 6.43.2.9 NMAC - Rn, 6 NMAC 9.4.1.9, 10-15-01; A, 11-13-09] 6.43.2.10 FLEET SERVICE CONTRACT A. The local board may contract with a person who owns one or more buses and who hires drivers to drive the bus. Such a person is considered self-employed and shall be contracted as a fleet operator. B. The local board shall negotiate fleet service contracts consistent with the provisions of state law and public education department rules. [12-31-98; 6.43.2.10 NMAC - Rn, 6 NMAC 9.4.1.10, 10-15-01; A, 11-13-09] 6.43.2.11 PROCEDURES FOR AWARDING NEW CONTRACTS A. A new contract shall be awarded because of: (1) the retirement, resignation, or death of a current contractor; (2) the determination by the local board to change from a school owned operation to a contract operation; (3) the addition of a bus or buses to provide transportation services; unless, the local board elects to amend an existing contract in accordance with the provision of Section 22-16-3, NMSA, 1978; (4) unsatisfactory services by the contractor; (5) termination of an existing contract. B. The local board shall publish notice of a request for proposal (RFP) for procurement of transportation services not less than ten calendar days prior to the date set for the receipt of the proposals al board elects to amend an existing contract in accordance with the provision of Section 22-16-3, NMSA, 1978; (4) unsatisfactory services by the contractor; (5) termination of an existing contract. B. The local board shall publish notice of a request for proposal (RFP) for procurement of transportation services not less than ten calendar days prior to the date set for the receipt of the proposals. The RFP shall be published at least once in a newspaper of general circulation in the area in which the local board is located. If there is no newspaper of general circulation in the area, such other notice may be given as is reasonable. C. A copy of the RFP and notice shall be available for public inspection at the district administration office. D. The local board shall develop proposal criteria by which all offers shall be evaluated. The proposal criteria shall include: (1) a current financial statement; 6.43.2 NMAC 3 (2) if a corporation, the names, addresses, dates of birth, and social security numbers of all stockholders and officers; (3) a minimum of three business or professional references; (4) a proposal for the acquisition of buses and other equipment; the proposal shall indicate the year of manufacture and size of buses to serve each route and necessary spare equipment to provide uninterrupted service; (5) a description of the proposed fleet maintenance program, garage or maintenance facilities, bus parking, mechanics, parts, and supplies; in the case of a one bus or small fleet operation, a description shall be submitted relative to garage services planned by the owner with an established automotive repair facility; (6) the proposal shall indicate the method, in conformance with state and federal laws and regulations, by which drivers will be selected, trained and supervised; (7) an amount for which the services will be rendered based on the length of the route(s), road conditions, number of buses and drivers, fuel, operation and maintenance requirements, and, for fleet contractor salaries and benefits; (8 y; (6) the proposal shall indicate the method, in conformance with state and federal laws and regulations, by which drivers will be selected, trained and supervised; (7) an amount for which the services will be rendered based on the length of the route(s), road conditions, number of buses and drivers, fuel, operation and maintenance requirements, and, for fleet contractor salaries and benefits; (8) any other information that the local board may require. E. The local board shall provide each proposed offerer with the following information: (1) the proposal criteria; (2) route information which includes the approximate distance, types of roadways, number of students to be transported, and the size of the buses required; (3) a copy of the contract form approved by the public education department; (4) a copy of, or access to, all public education department rules, and local board compliance manuals and policies, which govern the operation of school transportation services; (5) a description of the insurance coverage that will be provided by the local board for buses to be operated under contract. F. The local board shall consider all proposals submitted by the deadline recorded in the notice. The local board shall award the contract to the offerer whose proposal provides the most efficient, economical, and safe transportation services to meet the needs of the district. The negotiated amount shall not exceed available resources. G. The local board may reserve the right to reject all proposals. H. The local board shall provide notice of the award to the state transportation director on forms provided by the public education department. All proposals, including the established criteria for awarding the contract, copies of advertisements, copies of all proposals and the proposal evaluations shall be subject to audit by the public education department, the state auditor, or an independent auditor. Records shall be retained for a minimum of five years. I e transportation director on forms provided by the public education department. All proposals, including the established criteria for awarding the contract, copies of advertisements, copies of all proposals and the proposal evaluations shall be subject to audit by the public education department, the state auditor, or an independent auditor. Records shall be retained for a minimum of five years. I. The local board shall conduct a background check on proposed contractors prior to approval of the contract.