Student Transportation Services GSA 3

FOURTH AMENDMENT (TO FIRST RENEWAL 2019-2024) TO THE AGREEMENT FOR TRANSPORTATION OF STUDENTS BETWEEN THE SCHOOL BOARD OF DUVAL COUNTY, FLORIDA, AND STUDENT TRANSPORTATION OF AMERICA, INC. This Fourth Amendment to the Agreement for Transportation of Students (the "Amendment"), is made and entered into dated October 10, 2022, and effective August 1, 2022, and is by and between The School Board of Duval County, Florida, operating a district school system in the State of Florida (the "District"), and Student Transportation of America, Inc., a Delaware corporation authorized to transact business in Florida (the "Contractor"). Whereas, the Contractor has not been able to hire enough school bus drivers and monitors to cover all routes required per this contract. As result, the contractor acknowledges that they cannot meet the minimum mileage requirements in the contract due to their lack of available drivers and monitors. Whereas, the District acknowledges that COVID-19 fears and concerns

aments in private vehicles.\n\nWhereas, the Contractor has not been able to hire enough school bus drivers and\nmonitors to cover all routes required per this contract due to the impact of COVID-19\namongst the workforce, causing a lack of available professional school bus operators and\nmonitors.\n\nWhereas, the Contractor acknowledges that all other contractual obligations and\noperational work flows shall be maintained. This includes reporting, servicing and\nmanaging all vehicles other than school buses. The Contractor shall follow the Safe Driver\nPlan adapted for the drivers of motor vehicles other than school buses. This includes\nusing motors vehicles which meet the requirements of Florida Department of Education\n(FDOE), Transportation, Technical Assistance Notes TAN 07_03 and TAN 17_01. This\nBoard Policy and these TAN documents outline what is and is not allowed with regards to\nstudents being transported in motor vehicles other than school buses.\n\nWhereas, the Contractor acknowledges the District reserves the sole responsibility\nof determining and authorizing the ridership for these transportation services using motor\nvehicles other than school buses.\n\nNOW, THEREFORE, in consideration of the mutual covenants and conditions\ncontained herein, the parties agree as follows:\n\n1. Recitals. The recitals set forth above are true and correct and incorporated herein\nby this reference.\n\n2. Background. This Amendment pertains to the Agreement for the Transportation of\nStudents for Geographic Service Area (GSA) 3 (Mandarin/Southside) dated effective\nDecember 6, 2018, together with the related RFQ/ITB, (the \u201cAgreement\u201d) between the\nDistrict and Contractor, as amended by the First Amendment effective March 16, 2020,\nand the Second Amendment effective August 1, 2021.\n\nThe Contract for GSA 3 will be for an initial term of five (5) years (through July 31, 2024),\nand may be renewed under essentially the same terms and conditions as the original\ncontract for five (5) additional one (1) year renewals with written consent and agreement\n" "of both parties. (See Section 1.7 of RFQ/ITB; see also authority granted to Superintendent\nfor renewals in December 18 agenda item).\n\n3. Effective Date. The effective date of this Amendment is May 4, 2022.\n\n4. Definitions. The capitalized terms used herein shall have the same definitions set\nforth in the Agreement, unless specifically otherwise indicated in this Amendment.\n\n5. Amendment.\n\nCompensation.\nRoutes: Payment for routes that use motor vehicles other than school buses shall be paid\n\nat $4.83 price per mile (PPM) with annual escalation per the original contract documents.\nAll route miles will be compiled for inclusion with the minimum mileage data and the\nminimum mileage attainment computation. This Amendment authorizes a further increase\nin the PPM rate in future contract years, for vehicles other than school buses, up to a\nmaximum of 85% ofthe GSA3 PPM in each successive contract year provided \u201cproof of\ncost increase\u201d documentation is provided by the contractor and bilateral agreement is\nreached between the District and Contractor.\n\nFuel Allocation: Fuel allocations for the Contractor shall be based on the route mileage\nallocated by a standard mile per gallon consumption rate of 18 miles per gallon.\n\n6. Federal Funds. The District uses federal funds for portions of its payment\npursuant to the Agreement; accordingly, Contractor shall execute and deliver to the\nDistrict, concurrent with its signature of the Agreement the following in composite Exhibit\nA, all of which shall be incorporated into the Agreement by this reference as: (a) Federal\nRegulatory Compliance Statement; (b) Certification Regarding Drug-Free Workplace\nRequirements; (c) Certification Regarding Debarment, Suspension, Ineligibility and\nVoluntary Exclusion; and (d) Non-Collusion Affidavit.\n\nT: No Effect on Future Arrangements. Except as specifically set forth herein, no\nprovision of this Amendment related to the 2021-2022 school year shall be construed so\nas to set a precedent, negate, modify or affect in any way the provisions of any future\nagreement or arrangement between the Parties for any subsequent periods.\n\n8. Authority. The District and Contractor represent and warrant to each other that\neach party has full right and authority to execute and perform its obligations under the\nAgreement as modified by this Amendment, and each party and the person(s) signing this\nAmendment on each party\u2019s behalf represent and warrant to the other party that such\nperson(s) are duly authorized to execute this Amendment on the respective party\u2019s behalf\nwithout further consent or approval by anyone.\n\n9. Miscellaneous. This Amendment is the entire agreement of the parties regarding\nmodifications of tne Agreement provided herein, supersedes all prior agreements and\nunderstandings regarding such subject matter, may be modified only by a writing executed\nby the party against whom the modification is sought to be enforced, and shall bind and\nbenefit the parties and their respective successors, legal representatives and assigns. The\nAgreement is ratified and confirmed in full force and effect in accordance with its terms,\n\n" "as amended hereby. In the event of any conflict between the Agreement and this\nAmendment, the provisions of this Amendment shall control.\n\n10. Counterpart and Facsimile Signatures. This Amendment may be executed in one\nor more counterparts, each. of which will be deemed an original, but all such counterparts\nwill together constitute but one and the same instrument.\n\n[Signature Page Follows.]\n\n" "IN WITNESS WHEREOF, the District and the Contractor have each caused this\nAmendment to be signed and delivered by its duly authorized officer, all as of the effective\ndate set forth above.\n\nDURHAM SCHOOL SERVICES, L.P.\nBy; Durham Holding Il, L.L.C., its general Partner\nBy; National Express LLC, its member\n\nhaar\nName: ryL. Waits Jr.\n\nTitle: President and CEO\n\n[Signatures continued on next page]\n\n" "[Signature Page to Second Amendment to Agreement\nfor Durham School Services, L.P, between\nThe School Board of Duval County, Florida, and\nDurham School Services, L.P.,\nFor GSA 3 (Mandarin/Southside)]\n\nATTEST:\n\n\"Dr. Diada Greene,\nSuperintendent of Schools and\nEx-Officio Secretary to the Board\n\nSCHOOL BOARD OF DUVAL COUNTY,\nFLORIDA\n\nBy:\n\nDar\u0131yl illie, Chairman\n\nApproved by the Board on May 3, 2022\n\n"