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HomeMy WebLinkAbout05-3878 LYTLE TRANSPORTATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3878 Civil Term CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING: SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants PRAECIPE TO: The Prothonotary of Cumberland County Please accept for filing the attached Affidavit of Return of Service. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO QOOJ) By Carl C. Risch, Esquire J.D. No. 75901 Ten East High Street Carlisle, PAl 70 13 (717) 243-3341 Attorneys/or Plaintiff Date: August 8, 2005 LYTLE TRANSPORTATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3878 Civil Term CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING: SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants AFFIDAVIT OF RETURN OF SERVICE I, Ashley Gregg, being duly sworn according to law, depose and say that: I . I am a competent adult not a party to this action. 2. On August 2, 2005, at I: I 7 p.m., I personally serv,~d the Defendant Big Spring School District by handing a copy of a (a) Verified Complaint, (b) Motion for Special or Preliminary Injunction, and (c) Order of Court dated August 2, 2005, to Richard Fry, Superintendent, at 45 Mount Rock Road, Newville, Cumberland County, Pennsylvania. 3. On August 2, 2005, at 1:47 p.m. and 1 :49 p.m., respectively, I personally served both the Defendant Carlisle Area School District and the Cumberland County Regional Special Education Consortium by handing copies of a (a) Verified Complaint, (b) Motion for Special or Preliminary Injunction, and (c) Order of Court dated August 2, 2005, to Robert C. Williams, Finance Director, at 623 West Penn Street, Carlisle, Cumberland County, Pennsylvania. 4. On August 2, 2005, at 2:25 p.m., I personally served the Defendant Mechanicsburg Area School District by handing a copy of a (a) Verified Complaint, (b) Motion for Special or Preliminary Injunction, and (c) Order of Court dated August 2,2005, to Barb Marinak, Assistant to the Superintendent, at 100 East Elmwood A venue, 2'" Floor, Mechanicsburg, Cumberland County, Pennsylvania. 5. I am permitted to serve the Defendants under Pa.R.C.P. 400(b)(I) because the civil action requests relief under Pa.R.C.P. 1531. JfJ::J tfJZ I(~ COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the 5th day of August, 2005, before me the undersigned officer, personally appeared Kelley Decker known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. ~~~ Notary Public NOTARIAL SEAL VICTORIA l. OTTO, NOTARY PUBLIC CARLISLE BORO" CUMBERLAND COUNTY MY COMMISSION EXPIRES DEC. 2 2006 LYTLE TRANSPORTATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3878 Civil Tenn CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING; SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants CERTIFICATE OF SERVICE I, Carl C. Risch, do hereby that the foregoing was served by First Class Mail as follows: James D. Flower, Jr., Esquire 26 West High Street Carlisle, P A 17013 Philip H. Spare, Esquire Stock & Leader Susquehanna Commerce Center East 221 West Philadelphia Street, Suite E600 York, PA 17404 Donna S. Weldon, Esquire Keefer Wood Allen & Rahal, LLP P.O. Box 11963 Harrisburg, P A 17108-1963 Cumberland County Regional Special Education Consortium 623 West Penn Street Carlisle, P A 17013 (ll)(O Dated: August 8, 2005 Carl C. Risch ""'"7Jcr. ITlI : .~ ,." ."- ~:.'( ,::';~ t:; ~f: -/ ~ (") C :7 ...., = = "" ,.,.. c:: '" Cl ~ ~~ ~9 06 C~"Ti -.~-r1 (Jo Zm 2, "1> ::0 -< ;po ::K '!? ~ 0' LE TRANSPORTATION, INC., , ROGER D. MORRISON Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3878 Civil Term CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING : SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717)232-7536 MA~~FFWILLIAMS & OTTO BY:~ d-/ Carl C. Risch, Esquire LD. No. 75901 Christopher E. Rice, Esquire LD. No. 90916 Ten East High Street Carlisle, PAl 70 13 (7 I 7) 243-3341 Attorneysfor Plaintiff Date: August 8, 2005 LYTLE TRANSPORTATION, INC., and ROGER D. MORRISON Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3878 Civil Term CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING: SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants FIRST AMENDED COMPLAINT AND NOW, comes the Plaintiffs, LYTLE TRANSPORTATION, INC., and ROGER D. MORRISON, by and through their attorneys, MARTSONDEARDORFF WILLIAMS & OTTO, and aver as follows: I. Plaintiff Lytle Transportation, Inc., is a Pennsylvania business corporation with a business address of3242 Enola Road, Newville, Cumberland County, Pennsylvania 17013, which is located within the Big Spring School District. 2. Plaintiff Roger Morrison is a taxpayer in the Big Spring School District (and, consequently, within the Cumberland County Regional Special Education Consortium) being the owner of a parcel ofland at 3242 Enola Road, Newville, Cumberland County, Pennsylvania 17013, also known as Tax Parcel Number 14-04-0383-048A. 3. Defendant Morrison is an employee of Defendant Lytle Transportation, Inc., and is dependent upon Lytle for his livelihood. 4. Defendant Cumberland County Regional Special Education Consortium ("Consortium") is an unincorporated association having a place of business at 623 West Penn Street, Carlisle, Cumberland County, Pennsylvania. 5. Defendants Carlisle Area School District ("Cadisle"), Big Spring School District ("Big Spring"), and Mechanicsburg Area School Districts ("Mechanicsburg") are political subdivisions located in Cumberland County, Pennsylvania, and are members of the Consortium. 6. On May 12, 2005, the Consortium issued a Request for Proposals ("RFP") seeking proposals to Assume Management and Transportation of Special Needs Students. A copyofthe RFP is attached hereto as Exhibit "A." 7. The RFP indicated that the Consortium would receive proposals until II :00 a.m., Friday, May 20, 2005, and instructed respondents to deliver proposals to 623 West Penn Street, Carlisle, Pennsylvania. 8. The RFP also limited proposals to school bus contractors providing services to the Consortium member school districts as of May 6,2005. 9. Plaintiff Lytle Transportation, Inc., by and through its employees (including Plaintiff Morrison) was a provider of school bus services (special needs children) to Consortium member school districts (Carlisle, Big Spring, Mechanicsburg, and the Northern York County School District) as of May 6,2005. 10. Despite Plaintiff Lytle Transportation, Inc. meeting the definition of those parties eligible to make proposals, the Consortium intentionally failed to deliver a copy of the RFP to Plaintiff Lytle Transportation, Inc., and, therefore, Plaintiff Lytle Transportation, Inc. did not receive adequate notice of its eligibility to submit a proposal. II. Plaintiffs believe, and therefore aver, that the Consortium intentionally excluded Plaintiff Lytle Transportation, Inc. from the RFP process and only delivered copies ofthe RFP to Rohrer Bus Service, as a representative of a Consortium of Contractors, and the Capital Area Intermediate Unit. 12. Plaintiffs believe, and therefore aver, that the deadline for submission of proposals in response to the RFP was so unreasonably short that only thosf: parties who received actual notice of the RFP could realistically be expected to submit proposals by the deadline. 13. If Plaintiff Lytle Transportation, Inc. had been given notice ofthe RFP like the other contractors, it would have submitted a proposal in response to the RFP. 14. Despite the May 20th deadline mandated in the RFP, the Consortium notified Rohrer Bus Service, by and through the Carlisle Area School District, that a proposal dated May 21, 2005, had been accepted by all members of the Consortium. A copy of the letter giving notice of the approval is attached hereto as Exhibit "8." 15. The Consortium's acceptance of a proposal dated May 21 , 2005, is facially defective because it was submitted late and, thus, is in violation of the RFP's instructions. 16. The Consortium's failure to abide by the terms of its RFP (a) by excluding from realistic participation those service providers who met the definition of those eligible to submit proposals; and (b) by accepting a proposal that was submitted after the deadline imposed by the RFP, was arbitrary and capricious and renders the Consortium's award as described in Exhibit "B" void. 17. Given the detective nature ofthe award and the int(mtional exclusion of Plaintiff Lytle Transportation, Inc. from the RFP process, this Court should use its powers in equity and mandamus to enjoin the Consortium and school district Defendants from performing under the contract and compel the Consortium to re-issue the RFP and give actual notic'~ to all school bus service providers meeting the definition in the RFP. 18. Plaintiff Morrison, as an aggrieved taxpayer in Big Spring School District and within the Consortium, has an interest in the contract being awarded in a fair manner in accordance with the terms of the RFP. 19. Lytle Transportation, Inc., as a company meeting the definition of eligible participants in the RFP, has a substantial, direct, and immediate interest in the award of the contract under the RFP. 20. If Plaintiffs failed to bring the current action, the Consortium's award of the contract would otherwise go unchallenged because the other parties direcdy and immediately affected by the award are beneficially affected and are not inclined to challenge it. 21. Plainti tls are best situated to assert this claim because they have unique interests in the ultimate award of the contract under the RFP. 22. Judicial relief is appropriate in this case, and redress through other channels is unavailable. 23. Plaintiffs will suffer irreparable harm if the Consortium and school district Defendants are not enjoined from performing under the defecti vely awarded contract and are not compelled to re-issue the RFP. Plaintiff Lyt]e Transportation, Inc.'s business consists entirely of transporting special needs children, and any loss of opportunity to make a proposal to provide this service to the Consortium and the school district defendants will cause irreparable harm to Plaintiffs business and will ]ikely cause it to fail entirely. Moreover, Plaintiff Morrison, as an employee of Lytle and on behalf of taxpayers, will be irreparably harmed if political subdivisions are permitted to award contracts based on defectively administered RFP proc,esses. 24. Plaintiffs are seeking injunctive relief under Pa.R.C.P. 1531. WHEREFORE, this Court is requested to enjoin Defendants from performing under the contract with the Consortium of Contractors and to order Defendants to re-issue the RFP by giving actual notice to all eligible participants and setting a reasonable deadline for responses thereto. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO ~~l~ J.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: August 8, 2005 \..', CUMBERlAND COUNTY REGIONAL SPECIAL F:DUCATlON CONSORTIUM REQUEST FOR PROPOSAL TO ASSUME MANAGEMENT AND TRANSPORTATION OF SPECIAL NEEDS STUDENTS 623 WEST PENN STREET CARLISLE PA 17013-2298 May 12, 2005 The CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM will receive proposals until 11 :00 AM, Friday May 20, 2005 based on the information enclosed. Please refer to the instructions before completing the form. GENERAL CONDmONS & INSTRUCTIONS Proposals must be made in accordance with the instI1lctions to be entitled to consideration: GENERAL CONDITIONS: The right to reject any or all proposals and to waive any irregularities is reserved. The Consortium reserves the right to alter and amend specific student numbers requiring transportation. No proposal may be withdrawn for a period of forty-fiv,e (45) days after the date specified for receiving proposals. No agent, real or apparent, is authorized to make oral modifications, representations or instructions to the specifications. SUBMITTING THE PROPOSAL Proposals must be received in a sealed envelope, not smaller than 9" x 12", clearly marked "TRANSPORTATION PROPOSAL-May 20, 2005 1 1:00AM. Proposals must be submitted on the form provided (SEE APPENDIX C)or in a format which permits easy comparison with the form provided. Proposals shall be mailed or delivered to: Attn: Robert C. Williams, Director of Finance, Carlisle Area School District, 623 West Penn Street, Carlisle, PA. 17013-2298. Proposals must be received and stamped by 11 :OOAM, Friday, May 20, 2005. INFORMATION Questions or matters unclear should be directed to the attention of Robert C. Williams, Director of Finance, Carlisle Area School District, 623 W. Penn St., Carlisle, PA 17013. CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM REQUEST FOR PROPOSAL TO ASSUME MANAGEMENT AND TRANSPORTATION OF SPECIAL NEEDS STUDENTS SPECIFICATIONS Page 1 of 13 C:\Documents and Settings\hurleym\Local Settings\Temporary Intel1let FiJes\OLK18C\RFP _SPECIAL_ED_TRANS1.doc CUMBERLAND COUNTY REGIONAL SPECIAL EDtUCATION CONSORTIUM REQUEST FOR PROPOSAL SPECIFICATIONS Statement of Purpose Transportation of children with special needs is an increasing function of school transportation services. The essence of any student transportation contract is that the students be transported to and from school regularly, promptly, safely and without interruption or incident. The children's interest in transportation takes precedence over the interest of either the bidder or the Consortium. The primary obligation of the bidder is to operate its affairs so the Consortium will be assured of safe, continuous, reliable, and efficient servicle. For the protection of our children, drivers and all other persons coming in contact with the children must be of stable personality and ofthe highest moral character. The Consortium places and the bidder accept the full responsibility of assuring such qualities in personnel. Therefore all required security clearances and background checks must be satisfactorily completed in accordance with law. Under the proposed service agreement, the contractor will be responsible for all aspects of managing proposed pupil transportation service subject to the approval of the Consortium. As such, the contractor must have the management expertise; offices; and any other equipment, materials, supplies, information systems, and personnel necessary to meet these specifications. The pwpose of this Request for Proposal is therefore to have a cooperative effort determined by the contractors the pwpose of which will be to provide coordinated transportation services shared by the Consortium member school districts and do not require the duplication of equipment, and management services. 2 GENERAL CONDITIONS A. TERM The initial contract will be awarded for a multi year period to be jointly determined by the request for proposals, with an option by the Consortium ( Hereby representing school districts as identified in Appendix A) to extend the contract on a year-to-year basis subject to agreement by all parties. The contract will commence on July 1, 2005. The base year for determining proposed costs will be the 2005-2006 school year. The management provided shall be done in compliance with the terms and conditions ofthis Agreement and its attached Schedules and shall begin in the day stipulated by the Consortium and shall run for each of the school years of the contract. B. PAYMENT The consortium agrees to make progress payments to each contractor on a monthly basis, in advance commencing with the start of the 2005-2006 school year. Progress payments will be based on the actual known special needs transportation enrollment as of 1 August 2005, and 1 August of each succeeding year. At the conclusion of each school year, but no later than the 25th day of June each school year a reconciliation of actual costs will either be paid by each school or credited back to each school based on the actual known transportation for that school year. Invoices should be submitted to each school district acting as a consortium member. C. REGULA TraNS AND COMPLIANCE The contractor must comply with the regulations of the Pennsylvania Department of Education, the laws of the Commonwealth of Pennsylvania, the regulations of the Pennsylvania Department of Transportation, all federal laws and the policies of the school district. D. INSURANCE the contractor agrees that, prior to the effective date of the contract, said contractor will file with the Consortium evidence that a Public Liability Insurance Policy, issued by a company authorized by law to insure in Pennsylvania. This policy shall be in effect for the duration of the contract in amounts not less than the amounts listed. In addition, for this proposal to assume the management of student transportation, submit proof of professional liability coverage. Worker's Compensation insurance will be required on all employees of the contractor who will be involved in any aspect of the operations contemplated by the contract with the school district. Insurance coverage shall be issued by a company with a Best rating of A or better. Verification of the rating, in writing, must be submitted to the district. The certificate of insurance on the liability and workers compensation naming the Consortium and School Districts involved as additional insured must be forwaJ:ded to the school district prior to the commencement of all contracts. 3 Each party will immediately notify the other of any accident or condition which arises out of or touches upon the work performed by the contractor on school district business, so as to handle potential problems on a timely basis in the best interest of both parties. E. INDEMNIFICATION In addition to the insurance requirements included as part of the specifications, "The contractor shall also defend, indemnify and hold harmless the school district from and against any and all claims, suits, judgments, and demands whatsoever, including without limitation to costs, litigation expenses, counsel fees, and liabilities with respect to injury to, or death of, any person or persons whatsoever, or damage to property of any kind by whosoever owned, arising out of or caused or claimed to have been caused in whole or in part by the acts or omissions of the contractor, it's agents or employees, in the performance ofthe contract and further agrees to indemnify the school district against any such claims allegedly caused in whole or in part, whether or not it be the fact, by reason or negligent instructions OJ' directions given or purportedly given by any of the school district representatives with respect to the performance of the contract." F. FAMILIARIZATION each contractor is required to examine the announcement, specifications, general instruction, exhibits and other contract documents and to become familiar with the routes, schedules, bus stops, traffic conditions, topography, road conditions, locations of schools, including entrance driveways and exits and with all other physical facts pertinent to the performance of the work. G. MANAGEMENT OF EMPLOYEES Personnel furnished by the contractor to perform the functions spec;ified in the contract shall be employees of the contractor. The contractor shall pay all salary, wages, Social Security taxes, federal and state unemployment insurance, and any other tax relating to the employment of such employees. The contractor shall provide all other required management services, including personnel services, such as licensing, training, supervision, and evaluation, necessary to carry out the terms of the contract. H. REPORTS, AUDITS, & CONTRACTS Ensure that all transportation contracts approved by the Consortium are fulfilled according to the conditions set forth in those contracts. Complete reports requested by the Consortium. Maintain all the pertinent records which will be needed for program and fiscal audits to which the school district will be subjected or will request until all audits are completed. Prepare the annual transportation budget including all projected expenditures plus calculate and 4 report the proj ected state reimbursements related to pupil transportation for the school district. Submit the budget to the district administratols on the date requested by the business administrator for subsequent approval by the Consortium. Provide to the Consortium all back-up data and worksheets needlld for audit reviews by August 30 for the previous school year. Provide to the Consortium projected budgets for expenditures and revenues annually and updates as needed. This would include estimated state formula reimbursements by individual routes. Respond promptly to the requests and questions of auditors in regard to all pupil transportation matters. Submit all state reports in regard to pupil transportation in advance of their due dates and provide the district with all worksheets and back-up data used for completing the reports. 1. OFFICE Maintain the necessary personnel to maintain the office and fulfill all the duties associated with the manager's position. Equip the office with a telephone system which will include one dedicated fax line, and a minimum of two dedicated phone lines for regular access. Office shall include two dedicated 1- 800 lines for direct transportation coordination with students and parents for transportation needs. Equip the office with a fax machine, a photo copier, a large capacity answering machine or voice mail (with 24 hour 365 day service), two way communication systc:m for school buses, and a computer with operational electronic mail capacity which can easily be accessed by school district personnel. The manager or the manager's personnel shall staff the office each day school is in session from the time of the first home-to-school student pickup until the departure of the last activity bus. School district personnel, bus contractors, bus drivers, and other appropriate individuals must be able to contact the manager or designee at anytime for emergency purposes. J. ROUTES Establish bus and/or van routes, at the discretion of the contractor, for the school district for home to school and school to home pupil transportation. Provide pupil transportation for all school activities which occur before, during, and after school hours including days when classes are not in session. 5 Maintain on-time service for all regular routes and all activity 1Jips. Provide and maintain a computerized roster system. This system must be capable of providing all necessary reports needed by each school i.e. rosters by bus, by bus stop and by student. These reports must provide at least the following data: student name, grade, morning and afternoon bus number, morning and afternoon bus stop, and morning pickup time. Additions and changes are to be provided to each school within 24 hours and revised rostf:rs are to be provided to each school weekly. NotifY in writing each parent or guardian at least two weeks prior to the start of the new school year listing the vehicle number, stop location, and loading time for each student assigned to a vehicle under contract to the district. The manager will be responsible for any printing costs, postage costs, and any other costs related to the written notification of parents. Notification must include the address, telephone number and other appropriate information to allow parents/guardians to contact the manager with any new or corrected information. NotifY in writing parents or groups of parents whenever students are reassigned to new buses, bus stops, or there is a change in times for the loading and unloading of students. The manager will be responsible for all postage and processing costs for written notifications to parents or guardians. Administer the purchasing of supplies and equipment, ensuring that vehicles have the appropriate auxiliary equipment to secure the safety of special needs students and make sure that drivers have the necessary training to respond to the particular needs of special education students being transported. Develop a school bus lineup for dismissal at all schools providing the principals a copy of their bus lineup at least one week prior to the start of classes and that all contractors and drivers also have a copy of the bus lines. The manager will ensure that the bus lineup does not cause any unnecessary congestion or grid locks at the schools and that the bus lineup does not cause buses to have to make the stops ofthe buses that are in line in front of them. K. DRNERS/SUPPORT PERSONEL There is to be adequate drivers to operate all vehicles under contract to the Consortium. Ensure that all drivers who operate vehicles for pupil transportation have the proper license comply with all state and federal background checks, criminal history checks, and drug/alcohol testing prior to transporting students and staff of the school district. Develop and distribute at the manager's expense a comprehensive driver handbook which will include rules/regulations, training requirements, required forms, driver responsibilities, driving practices, procedures, discipline tips. route information, information on transporting special education students, first aid information, emergency procedures, pertinent telephone numbers, 2- way communication information and procedures, and other significant information. 6 Provide at least one mandatory in-service program for all drivers: and appropriate auxiliary staff during the fall in-service day of the school district. The cost for this program will be borne by the manager. Driver in-service training cannot interfere with the transporting of students. Provide the necessary additional training for drivers so that they can safely transport their assigned students. Such training may include CPR, first aid, seizure training, or any other training required to meet student needs. The costs for this training will be: borne by the manager. Ensure that all drivers do a pre-trip inspection of their vehicles and that appropriate forms are kept on file by the manager which designate the driver, the vehicle, the components inspected, date/time of the pre-trip inspection, and inspecting driver's signature. Ensure that all drivers are dressed appropriately and maintain personal hygiene suitable for working around children Ensure that each driver provides and enforces seating assignments for each run. Current seating charts are to be maintained in the vehicle and by the manager. Seating charts are to be submitted to school administrators upon request. Evaluate all drivers in regard to driving ability, dealing with studt:nts, communicating with administrators, and communicating with the public. Discipline drivers of school vehicles who display inappropriate behavior including the issuing of verbal warnings, written memos, administering suspensions, and tenninating the employment of drivers. NotifY the appropriate district personnel about drivers who have been issued written reprimands or who have been suspended or tenninated. Provide, when necessary, adequately trained medical aides and equipment to support the transportation needs of the individual students, as needed. L. ROAD & WEATHER CHECKS Coordinate with the districts representing the Consortium by 4:45 a.m. and relay the results of the checks to the Consortium or any designees of the Consortium no later than two hours prior to the morning departure of school vehicles from their parking facilities. Coordinate with the Consortium or any designees so that early school closings can occur prior to the onset of adverse weather conditions. Provide road condition reports and weather information reports to any coaches or advisors of co- curricular activities so that the timely cancellation of after school or weekend activities can occur. 7 When schools are closed, have delayed openings, or have early dismissals notifY the other contractors, drivers, substitute drivers, related personnel M. RIDERS when schools are dismissed early or regular dismissals experience adverse weather conditions, the manager and the manager's staffwill remain on duty until eVI~ry student has been safely transported to their designated stop. In these circumstances the manager and the manager's staff will be available to answer inquiries about the status of vehicles lmd service as well as answer inquiries from school district personnel. Comply with the state mandates for school bus evacuation drills, submit reports on time, cooperate fully with school principals for the scheduling of the evacuation drills, and pay any of the costs related to the evacuation drills. Provide simultaneously Ilwo school buses for each school for each evacuation. The manager and the manager's staff are responsible to assist parl~nts/guardians of students who did not get on the correct vehicle or did not get off at the correct location. The manager and the manager's staff will be responsible for the resolution of such problems. Administer fully the pupil transportation discipline policy of the school district: meet with drivers, parents, and students to correct improper student behaviolr on school vehicles. When necessary suspend student bus riding privileges as per school distJict policy. N. VEHICLES Ensure that there are sufficient fuel supplies for all vehicles under contract to the school district and that there are the proper diesel fuel mixtures and additives for winter driving in northeastern Pennsylvania Also ensure that the gasoline used by the vehicles under contract is of sufficient octane to operate the vehicles according to manufacturer specifications. Ensure that each bus is properly equipped with an appropriate 2-way communication device Ensure that all vehicles transporting students have valid state inspl:ctions and where applicable valid state police inspections prior to transporting students and stan: Ensure that all vehicles have the proper insurance coverage as dictated by state regulations and school district requirements. Resolve vehicle breakdowns, summon tow vehicles, reroute other vehicles to transport any students on disabled vehicles as expediently as possible. o. ACCIDENTS investigate immediately all accidents involving school vehicles under contract to the school district. 8 NotifY the Superintendent of Schools, appropriate building principal and parents (if necessary) immediately when an accident occurs involving Consortium students, staff, or vehicles. Include in the notification the name of every person on the vehic1e at the time of the accident including information about possible injuries, and other information requested by the appropriate law enforcement agencies. Submit a detailed, written report to the Consortium within 24 hours of an accident. Submit on time all other mandated reports. Notify the Consortium as soon as possible about any accidents involving injury and properly damage. P. INDEPENDENT CONTRACTOR It is understood that the contractor is an independent contractor and not an officer, agent or employee of the Consortium or school district while engaged in carrying out and complying with any of the terms and conditions of the contract. Q. NON-TRANSFERABLE CONTRACT The contract shall not be transferred or assigned without the prior approval of the board and the written consent of the school district R. FORFEITURE 1. Ifthe contractor fails to perform satisfactorily, or to furnish safe and adequate personnel and equipment, or otherwise fails to comply with the terms of the conlract, the school district may cancel the contract without prior notice and procure services elsewhere. The school district may in its sole discretions offset subsequent payments; call for the forfeiture of the 20% Letter of credit; and other surety instruments and/or collateral. 2. If the contractor fails to perform satisfactorily any of the services required under the provisions of proposal and contract, the contractor shall not be paid for those days in which it fails to provide transportation services or continuously fails to me.~t the required time schedule, and should the school district be able to obtain such services elsewhere, the contractor shall additionally be liable and, upon submission of an invoice by the school district, pay to the school district the additional cost to the school district in obtaining the seJrvices above the contractual rate in effect between the contractor and the Consortium. In the event the school district should be unable to obtain such services elsewhere, or in lieu thereof at the option of the school district, the contractor shall pay to the school district, in addition to any other accounts payable hereunder, additional administrative costs to the District in the amount of two hundred dollars ($200.00) per day to be deducted from the next payment to the contractor. 9 A. NON-DISCRIMINATION PROVISION the contractor agrees to comply with the provisions of the Pennsylvania Human Relations Act in providing equal employment opportunities to those the contractor hires in connection with all work performed on behalf of the Consortium. The contractor will not discriminate nor permit discrimination by its agents or employees against any employee or applicant for employment because of race, color, religion, age, or natural origin. The Contractor will supply all compliance reports required by the Peunsylvania Human Relations Commission. Failure to comply with all requirements of the Governor's Code of Fair Practice (June 6, 1983) and the regulations of the Pennsylvania Human Relations Commission shall constitute a substantial breach of this contract and reason for termination upon written notice to the contractor. B. RIGHT TO MONEY the Consortium believes and represents to contractors that is has the right to enter a contract for transportation services. Nevertheless, in the event that right is challenged, the Consortium reserves the right to reject any and all proposals and/or to modify the terms of the proposals to protect the interests of the Consortium. In the event such modifications are unacceptable to the contractor, such contractor shall be released from any obligation to the Consortium. C. The Consortium shall consider all matters arising out of this contract not specifically provided for therein. D. LIMITATIONS This request for proposal is limited to school bus contractors providing services to the Consortium member school districts as of May 6,2005. 10 APPENDIX A CONSORTIUM MEMBER SUBJECT TO AGREEMENT Big Spring School District Carlisle Area School District Mechanicsburg Area School District Northern Yark County School District South Middleton School District 11 APPENDIX B 2004-2005 PROPOSAL COST DATA Proposing contractors shall base their proposed costs on the attached 210 transportation requirements. This requirement list represents current 2004-2005 transportation needs of the consortium. It is not intended, nor should it be interpreted to be a static transportation needs list. Although it represents the likely magnitude of transportation needs it will change by student needs as well as locations from day-to-day. This listing of needs serves only to provide the scope of transportation requirements likely to occur in the future. 12 APPENDIX C FORM OF PROPOSAL I Contract Term: The contractor(s) are required to propose an initial term ofthe contract years. The term shall be based on the consideration ofthe efficient and effective capitalization of equipment costs. The term will automatically self-renew annually after the initial term unless either party notifies the other in writing within 90 days of termination that they do not wish to renew the contract. Iftermination occurs, after the initial term of the contract is selected by either party, it shall be without legal recourse to the other party and with no fault on either party. Initial Contract Term Proposed: Years Total Initial Term Annual Cost: The contractor(s) must provide a total initial term annualized cost which will be based on the Pennsylvania State Transportation Subsidy Payments (+/-) a per student variance which addresses additional overhead costs per student. TOTAL PER ANNUM PROPOSED COST FOR INITIAL TEllM: FORMULA (+/-): $ per Student Transported/Per Year tequest for Proposals due 11:00AM Friday May 20, 2005 Company Name Address City Representative's Name(print) State Zip Authorized Representative's Signature Date I Proposal must cousider only direct and indirect expenses associated with special needs transportation reqnirements specified in Appendix B. It is to be assumed that all transportation subsidy payments will be returned directly to the participating districts. 13 _(09 SeIJo .!!t Y'~O-a CI) ii' .- - ~ . ~. v ~ C.A.S.~ CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania, 17013 Telephone: 717-240-6800 Mary Kay Durham, Superintendent 24 June 2005 Mr. John Schrantz Rohrer Bus Service POBox 100 Duncannon, P A 17020 RE: Special Education Transportation Services Dear Mr. Schrantz: . The purpose ofthis letter is to notify you that all board of directors acted favorably on the terms and conditions of your special needs transportation proposal. Your response to the request for proposal, dated 5/21/2005 and signed by Mr. John M. Schrantz on behalf of the consortium of contractors, was formally accepted by all school districts of the local special education consortium (Northern York, Big Spring, Carlisle, South Middleton, and Mechanicsburg). The request for proposal sent to your attention and dated May 12, 2005 outlines the terms and conditions of the transportation services. Please sign one copy of the enclosed letter and return it to my attention in the self-addressed envelope acknowledging your agreement with these terms and conditions. On behalf of the consortium members I wanted to thank you for your efforts. We look forward to a mutually beneficial and productive relationship. If you have any questions regarding this please feel free to contact me. cui- Robert C. Williams Board SecretarylDirector of Finance End: as cc; Superintendent South Middleton School District, Superintendent Northern York School District, File - Co ..,-:c v-",,"' v-..''''- 6" ('tJ"V\.- t."U-Lk 'Jo'-'.., tv\. ~:>c. k~IA-+'2-- PrintedrName / , ~ bJZ-1Ioc:; Signatu ate---..- I S:\BUSINESS\BU _ 2006\RCW _ ONL Y\EXPENSE\CAIU\L TR __ BSS _NOTIFICA lION, DOC Au~ 08 05 11118a B8/0e/2005 15:20 G1o...ia L!ll:le 71 7243185B 717-248-2584 p.1 PAGE 87/87 M[)I.O LYTLE TRANSPORTATION, INC.. and ROGER D. MORRISON plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAN[1 COUNTY, PEN'NSYLV ANIA v. NO. 05-3878 Ci'.;t Tem CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unineorpcmted a.<!'Ociation, CAJU.lSLE AREA SCHOOL DISTRICf, B[G SPRING: SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL .OISTRICf. o.,fcwlanis VERlFlCATION ~ Oloria LYlle. president of Lytle Transportation, [nc., and Roger D. Momson, he:rcby verify that, to the best of Our knowledge, infonnation, and believe, all aVl:nnenls in this document are nue ""d COl1'cct, lIlUI that We have the authority to maJc:e Ihis Vcrinc:atioID. This SUtcm<:nt of'verifiealiOll is made subject to the penalties of 18 Pa.C.S. Section 4904 relating [0 W1swom falsifications to authorities, which provides that if we make knowingly false averments. we may be subject to criminal penalties. Date: August 8. 2005 " ;;;:>$'\ iJ . .h:::.:1 ~~ Roger . orrison LYTLE TRANSPORTATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-3878 Civil Term CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING: SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants CERTIFICATE OF SERVICE I, Carl C. Risch, do hereby that the foregoing was served by First Class Mail as follows: James D. Flower, Jr., Esquire 26 West High Street Carlisle, P A 17013 Philip H. Spare, Esquire Stock & Leader Susquehanna Commerce Center East 221 West Philadelphia Street, Suit., E600 York, PA 17404 Donna S. Weldon, Esquire Keefer Wood Allen & Rahal, LLP P.O. Box 11963 Harrisburg, P A 17108-1963 Cumberland County Regional Special Education Consortium 623 West Penn Street Carlisle, P A 17013 (Qj)J Carl C. Risch Dated: August 10, 2005 -c n'", -. ~; f (/) L,... ~" . ,- -1 .~'.'. I' ) S:~ ;~'~ "",'" (") ~~; ~ = C,:;:' ,~1 ~ ()"'> ~,':~ -, ~ c::> -t ff,~ :08 j) , 0.(') :i2:r, \~~) ~~ '::.::~ ~ ,< ~ -' \.,'7' J;:" 0' LYTLE TRANSPORTATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O~-- 3"67'i ~..0~ CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING: SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the toll owing pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, thc case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717)232-7536 MAR~DFFWILLlAMS&OTTO By: Carl C. Risch, Esquire J.D. No. 75901 Christopher E. Rice, Esquire I.D. No. 90916 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneysfor Plaintiff Date: July 29, 2005 LYTLE TRANSPORTATION, INC., Plaintitf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0.5- 3'i 7<6 ~ Ja-Ur'\- CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING: SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants COMPLAINT AND NOW, comes the Plaintitl; LYTLE TRANSPORT A TION, INC., by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: I. Plaintiffis a Pennsylvania business corporation with a business address of3242 Enola Road, Newville, Cumbcrland County, Pennsylvania 17013, which is located within the Big Spring School District. 2. Defendant Cumberland County Regional Special Education Consortium ("Consortium") is an unincorporated association having a place of business at 623 West Penn Street, Carlisle, Cumberland County, Pennsylvania. 3. Defendants Carlisle Area School District ("Carlisle"), Big Spring School District ("Big Spring"), and Mechanicsburg Area School Districts ("Mechanicsburg") are political subdivisions located in Cumberland County, Pennsylvania, and are members of the Consortium. 4. On May 12,2005, the Consortium issued a Request for Proposals ("RFP") seeking proposals to Assume Management and Transportation of Special Needs Students. A copy of the RFP is attached hereto as Exhibit "A." 5. The RFP indicated that the Consortium would receive proposals until II :00 a.m., Friday, May 20, 2005, and instructed respondents to deliver proposals to 623 West Penn Street, Carlisle, Pennsylvania. 6. Thc RFP also limited proposals to school bus contractors providing services to the Consortium member school districts as of May 6, 2005. 7. Plaintiffwas a provider of school bus services (special needs children) to Consortium mcmber school districts (Carlisle, Big Spring, Mechanicsburg, and the Northern York County School District) as of May 6, 2005. 8. Despite Plaintiffmceting the definition ofthose parties eligible to make proposals, the Consortium intentionally failed to deliver a copy of the RFP to Plaintiff, and, therefore, Plaintiff did not receive adequate notice of its eligibility to submit a proposal. 9. Plaintiff bclicvcs, and therefore avers, that the Consortium intentionally excluded Plaintiff from the RFP process and only delivered copies of the RFP to Rohrer Bus Service, as a rcprcscntative of a Consortium of Contractors, and the Capital Area Intennediate Unit. 10. Plaintiffbelieves, and therefore avers, that the deadline for submission of proposals in response to the RFP was so unreasonably short that only those parties who received actual notice of thc RFP could realistically be expected to submit proposals by the deadline. II. IfPlaintiffhad been given notice of the RFP like the other contractors, it would have submitted a proposal in response to the RFP. 12. Despite the May 20th deadline mandated in the RFP, the Consortium notified Rohrer Bus Service, by and through the Carlisle Area School District, that a proposal dated May 21, 2005, had been accepted by all members of the Consortium. A copy of the letter giving notice of the approval is attached hereto as Exhibit "8." 13. The Consortium's acceptance ofa proposal dated May 21,2005, is facially defective because it was submitted late and, thus, is in violation of the RFP's instructions. 14. The Consortium's failure to abide by the terms of its RFP (a) by excluding from rcalistic participation those service providers who met the definition of those eligible to submit proposals; and (b) by accepting a proposal that was submitted after the deadline imposed by the RFP, was arbitrary and capricious and renders the Consortium's award as described in Exhibit "B" void. 15. Given the defective nature of the award and the intentional exclusion of Plaintiff from the RFP process, this Court should use its powers in equity and mandamus to enjoin the Consortium and school district Defendants from performing under the contract and compel the Consortium to re-issue the RFP and give actual notice to all school bus service providers meeting the definition in the RFP. 16. Plaintiffwill suffer irreparable hann ifthe Consortium and school district Defendants are not enjoined from performing under the defectively awarded contract and are not compelled to re-issuc the RFP. PlaintiWs business consists entirely of transporting special needs children, and any loss of opportunity to make a proposal to provide this service to the Consortium and the school district defendants will cause irreparable harm to PlaintiWs business and will likely cause it to fail entirely. SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A II LYTLE TRANSPORTATION, INC. Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3878 CIVIL TERM vs. CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, : an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants. PRELIMINARY OBJECTION Defendants CARLISLE AREA SCHOOL DISTRICT and CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, preliminarily object to Plaintiff's Complaint in this action on the following grounds: Plaintiff has failed to plead that Plaintiff is a taxpayer of any member of! the Consortium, but merely that Plaintiff is located in the Big Spring School District. A disappointed would-be bidder has no standing to object to procedures relating to a request for proposals, only a taxpayer of fhe applicable school district may argue that it has such standing. WHEREFORE, Defendants request that the Court dismiss Plaintiff's Complaint. SAlOIS, SHUFF, FLOWER & LINDSAY Attorneys for Cumberland County Regional Special Education Consortium and Carlisle Area School District -~ James D. Flower, Jr., Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 I.D. #27742 , ' " ... ' ,'.. 2 ~ ~ = g: en ""en ~ ~-n fl'1rn z..~: en ~~ zti I ~.:. co ~c; ~ ~:ri ~- c. 9-0 >2 '? csr" ~ "'-I 0 ~ \.0 .. " , " <"".,,'^,......> 17, Plaintiff is seeking injunctive relief under Pa.R.C.P. 1531 against the school district defendants. WHEREFORE, this Court is requested to enjoin Defendants from performing under the contract with the Consortium of Contractors and to order Defendants to re-issue the RFP by giving actual notice to all eligible participants and setting a reasonable deadline for responses thereto. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO (illU) By Carl C. Risch, Esquire J.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys/or Plaintifr Date: July 29, 2005 , !=UMBERLAND COUNTY REGIONAL SPECIAL EDU~ATION CONSORTIUM REQUEST FOR PROPOSAL TO ASSUME MANAGEMENT AND TRANSPORTATION OF SPECIAL NEEDS STUDENTS 623 WEST PENN STREET CARLISLE PA 17013-2298 May 12, 2005 The CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM will receive proposals until 11 :00 AM. Friday May 20, 2005 based on the information enclosed. Please refer to the instructions before completing the form. GENERAL CONDITIONS & INSTRUCTIONS Proposals must be made in accordance with the instructions to be entitled to consideration: GENERAL CONDITIONS: The right to reject any or all proposals and to waive any irregularities is reserved. The Consortium reserves the right to alter and amend specific student numbers requiring transportation. No proposal may be withdrawn for a period offorty-five (45) days after the date specified for receiving proposals. No agent, real or apparent, is authorized to make oral modifications, representations or instructions to the specifications. SUBMITTING THE PROPOSAL Proposals must be received in a sealed envelope, not smaller than 9" x 12", clearly marked "TRANSPORTATIONPROPOSAL-May20. 2005 I 1:00AM. Proposals must be submitted on the form provided (SEE APPENDIX C)or in a format which permits easy comparison with the form provided. Proposals shall be mailed or delivered to: Attn: Robert C. Williams, Director of Finance, Carlisle Area School District, 623 West Penn Street, Carlisle, PA. 17013-2298. Proposals must be received and stamped by 11 :OOAM, Friday, May 20, 2005. INFORMATION Questions or matters unclear should be directed to the attention of Robert C. Williams, Director of Finance, Carlisle Area School District, 623 W. Penn St., Carlisle, PA 17013. CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM REQUEST FOR PROPOSAL TO ASSUME MANAGEMENT AND TRANSPORTATION OF SPECIAL NEEDS STUDENTS SPECIFICATIONS Page 1 of 13 C:\Documenls and Settings\hur!eym\Local Settings\Temporary lntemet Files\OLK18C\RFP _SPEC1AL_ED_ TRANS1.doc CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM REQUEST FOR PROPOSAL SPEClFICA TIONS Statement of Purpose Transportation of children with special needs is an increasing fim,ction of school transportation services. The essence of any student transportation contract is that the students be transported to and from school regularly. promptly, safely and without interruption or incident. The children's interest in transportation takes precedence over the interest of either the bidder or the Consortium. The primary obligation of the bidder is to operate its affairs so the Consortium will be assured of safe, continuous, reliable, and efficient service. For the protection of our children, drivers and all other persons coming in contact with the children must be of stable personality and of the highest moral character. The Consortium places and the bidder accept the full responsibility of assuring such qualities in personnel. Therefore all required security clearances and background checks must be satisfactorily completed in accordance with law. Under the proposed service agreement. the contractor will be responsible for all aspects of managing proposed pupil transportation service subject to the approval ofthe Consortium. As such, the contractor must have the management expertise; offices; and any other equipment, materials, supplies. information systems, and personnel necessary to meet these specifications. The purpose ofthis Request for Proposal is therefore to have a cooperative effort determined by the contractors the purpose of which will be to provide coordinated transportation services shared by the Consortium member school districts and do not require the duplication of equipment. and management services. 2 GENERAL CONDITIONS A. TERM The initial contract will be awarded for a multi year period to be jointly determined by the request for proposals, with an option by the Consortium ( Hereby representing school districts as identified in Appendix A) to extend the contract on a year-to-year basis subject to agreement by all parties. The contract will commence on July 1,2005. The base year for determining proposed costs will be the 2005-2006 school year. The management provided shall be done in compliance with the terms and conditions oftrus Agreement and its attached Schedules and shall begin in the day stipulated by the Consortium and shall run for each of the school years of the contract. B. PAYMENT The consortium agrees to make progress payments to each contractor on a monthly basis, in advance commencing with the start of the 2005-2006 school year. Progress payments will be based on the actual known special needs transportation enrollment as of I August 2005, and I August of each succeeding year. At the conclusion of each school year. but no later than the 25th day of June each school year a reconciliation of actual costs will either be paid by each school or credited back to each school based on the actual known transportation for that school year. Invoices should be submitted to each school district acting as a consortium member. C. REGULATIONS AND COMPLIANCE The contractor must comply with the regulations of the Pennsylvania Department of Education, the laws of the Commonwealth of Pennsylvania, the regulations of the Pennsylvania Department of Transportation, all federal laws and the policies of the school district. D. INSURANCE the contractor agrees that, prior to the effective date ofthe contract, said contractor will file with the Consortium evidence that a Public Liability Insurance Policy. issued by a company authorized by law to insure in Pennsylvania. This policy shall be in effect for the duration of the contract in amounts not less than the amounts listed. In addition, for this proposal to assmne the management of student transportation, submit proof of professional liability coverage. Worker's Compensation insurance will be required on all employees of the contractor who will be involved in any aspect of the operations contemplated by the contract with the school district. Insurance coverage shall be issued by a company with a Best rating of A or better. Verification ofthe rating, in writing, must be submitted to the district. The certificate of insurance on the liability and workers compensation naming the Consortium and School Districts involved as additional insured must be forwarded to the school district prior to the commencement of all contracts. 3 Each party will immediately notify the other of any accident or condition which arises out of or touches upon the work performed by the contractor on school district business, so as to handle potential problems on a timely basis in the best interest of both parties. E. INDEMNIFICATION In addition to the insurance requirements included as part of the specifications, "The contractor shall also defend, indemnify and hold harmless the school district from and against any and all claims, suits, judgments. and demands whatsoever. including without limitation to costs, litigation expenses, counsel fees, and liabilities with respect to injury to, or death of, any person or persons whatsoever. or damage to property of any kind by whosoever owned, arising out of or caused or claimed to have been caused in whole or in part by the acts or omissions of the contractor. it's agents or employees, in the performance of the contract and further agrees to indemnify the school district against any such claims allegedly caused in whole or in part, whether or not it be the fact, by reason or negligent instructions or directions given or purportedly given by any ofthe school district representatives with respect to the performance of the contract. " F. FAMILIARlZATION each contractor is required to examine the announcement, specifications, general instruction, exhibits and other contract documents and to become familiar with the routes, schedules. bus stops. traffic conditions, topography, road conditions, locations of schools, including entrance driveways and exits and with all other physical facts pertinent to the performance of the work. G. MANAGEMENT OF EMPLOYEES Personnel furnished by the contractor to perform the functions specified in the contract shall be employees of the contractor. The contractor shall pay all salary. wages. Social Security taxes, federal and state unemployment insurance, and any other tax relating to the employment of such employees. The contractor shall provide all other required management services, including personnel services, such as licensing, training, supervision, and evaluation, necessary to carry out the terms ofthe contract. H. REPORTS, AUDITS, & CONTRACTS Ensure that all transportation contracts approved by the Consortium are fulfilled according to the conditions set forth in those contracts. Complete reports requested by the Consortium. Maintain all the pertinent records which will be needed for program and fiscal audits to which the school district will be subjected or will request until all audits are completed. Prepare the annual transportation budget including all projected expenditures plus calculate and 4 report the projected state reimbursements related to pupil transportation for the school district. Submit the budget to the district administrators on the date requested by the business administrator for subsequent approval by the Consortium. Provide to the Consortium all back-up data and worksheets needed for audit reviews by August 30 for the previous school year. Provide to the Consortium projected budgets for expenditures and revenues annually and updates as needed. This would include estimated state formula reimbursements by individual routes. Respond promptly to the requests and questions of auditors in regard to all pupil transportation matters. Submit all state reports in regard to pupil transportation in advance of their due dates and provide the district with all worksheets and back-up data used for completing the reports. I. OFFICE Maintain the necessary personnel to maintain the office and fulfill all the duties associated with the manager's position. Equip the office with a telephone system which will include one dedicated fax line, and a minimum of two dedicated phone lines for regular access. Office shall include two dedicated 1- 800 lines for direct transportation coordination with students and parents for transportation needs. Equip the office with a fax machine, a photo copier, a large capacity answering machine or voice mail (with 24 hour 365 day service), two way communication system for school buses, and a computer with operational electronic mail capacity which can easily be accessed by school district personnel. The manager or the manager's personnel shall staffthe office each day school is in session from the time of the first home-to-school student pickup until the departure of the last activity bus. School district personnel, bus contractors, bus drivers, and other appropriate individuals must be able to contact the manager or designee at anytime for emergency purposes. J. ROUTES Establish bus and/or van routes, at the discretion of the contractor, for the school district for home to school and school to home pupil transportation. Provide pupil transportation for all school activities which occur before, during, and after school hours including days when classes are not in session. 5 Maintain on-time service for all regular routes and all activity trips. Provide and maintain a computerized roster system. This system must be capable of providing all necessary reports needed by each school i.e. rosfers by bus, by bus stop and by student. These reports must provide at least the following data: student name, grade, morning and afternoon bus number, morning and afternoon bus stop, and morning pickup time. Additions and changes are to be provided to each school within 24 hours and revised rosters are to be provided to each school weekly. Notify in writing each parent or guardian at least two weeks prior to the start of the new school year listing the vehicle number, stop location, and loading time for each student assigned to a vehicle under contract to the district. The manager will be responsible for any printing costs, postage costs, and any other costs related to the written notification of parents. Notification must include the address, telephone number and other appropriate information to allow parents/guardians to contact the manager with any new or corrected information. Notify in writing parents or groups of parents whenever students are reassigned to new buses, bus stops, or there is a change in times for the loading and unloading of students. The manager will be responsible for all postage and processing costs for written notifications to parents or guardians. Administer the purchasing of supplies and equipment, ensuring that vehicles have the appropriate auxiliary equipment to secure the safety of special needs students and make sure that drivers have the necessary training to respond to the particular needs of special education students being transported. Develop a school bus lineup for dismissal at all schools providing the principals a copy of their bus lineup at least one week prior to the start of classes and that all contractors and drivers also have a copy ofthe bus lines. The manager will ensure that the bus lineup does not cause any unnecessary congestion or grid locks at the schools and that the bus lineup does not cause buses to have to make the stops of the buses that are in line in front ofthem. K. DRNERS/SUPPORT PERSONEL There is to be adequate drivers to operate all vehicles under contract to the Consortium. Ensure that all drivers who operate vehicles for pupil transportation have the proper license comply with all state and federal background checks, criminal history checks, and drug/alcohol testing prior to transporting students and staff of the school district. Develop and distribute at the manager's expense a comprehensive driver handbook which will include rules/regulations, training requirements, required forms, driver responsibilities, driving practices, procedures, discipline tips, route information, information on transporting special education students, first aid information, emergency procedures, pertinent telephone numbers, 2- way communication information and procedures, and other significant information. 6 Provide at least one mandatory in-service program for all drivers and appropriate auxiliary staff during the fall in-service day of the school district. The cost for this program will be borne by the manager. Driver in-service training cannot interfere with the transporting of students. Provide the necessary additional training for drivers so that they can safely transport their assigned students. Such training may include CPR, first aid, seizure training, or any other training required to meet student needs. The costs for this training will be borne by the manager. Ensure that all drivers do a pre-trip inspection of their vehicles and that appropriate forms are kept on file by the manager which designate the driver, the vehicle, the components inspected, date/time of the pre-trip inspection, and inspecting driver's signature. Ensure that all drivers are dressed appropriately and maintain personal hygiene suitable for working around children Ensure that each driver provides and enforces seating assignments for each run. Current seating charts are to be maintained in the vehicle and by the manager. Seating charts are to be submitted to school administrators upon request. Evaluate all drivers in regard to driving ability, dealing with students, communicating with administrators, and communicating with the public. Discipline drivers of school vehicles who display inappropriate behavior including the issuing of verbal warnings, written memos, administering suspensions, and terminating the employment of drivers. NotifY the appropriate district personnel about drivers who have been issued written reprimands or who have been suspended or terminated. Provide, when necessary, adequately trained medical aides and equipment to support the transportation needs of the individual students, as needed. L. ROAD & WEATHER CHECKS Coordinate with the districts representing the Consortium by 4:45 a.m. and relay the results of the checks to the Consortium or any designees of the Consortium no later than two hours prior to the morning departure of school vehicles from their parking facilities. Coordinate with the Consortium or any designees so that early school closings can occur prior to the onset of adverse weather conditions. Provide road condition reports and weather information reports to any coaches or advisors of co- curricular activities so that the timely cancellation of after school or weekend activities can occur. 7 When schools are closed, have delayed openings, or have early dismissals notifY the other contractors, drivers, substitute drivers, related personnel M. RIDERS when schools are dismissed early or regular dismissals experience adverse weather conditions, the manager and the manager's staff will remain on duty until every student has been safely transported to their designated stop. In these circumstances the manager and the manager's staff wi!! be available to answer i.T!quiries about the status of vehicles and service as well as answer inquiries from school district personnel. Comply with the state mandates for school bus evacuation drills, submit reports on time, cooperate fully with school principals for the scheduling of the evacuation drills, and pay any of the costs related to the evacuation drills. Provide simultaneously two school buses for each school for each evacuation. The manager and the manager's staff are responsible to assist parents/guardians of students who did not get on the correct vehicle or did not get off at the correct location. The manager and the manager's staffwiIl be responsible for the resolution of such problems. Administer fully the pupil transportation discipline policy of the school district: meet with drivers, parents, and students to correct improper student behavior on school vehicles. When necessary suspend student bus riding privileges as per school district policy. N. VEHICLES Ensure that there are sufficient fuel supplies for all vehicles under contract to the school district and that there are the proper diesel fuel mixtures and additives for winter driving in northeastern Pennsylvania. Also ensure that the gasoline used by the vehicles under contract is of sufficient octane to operate the vehicles according to manufacturer specifications. Ensure that each bus is properly equipped with an appropriate 2-way communication device Ensure that all vehicles transporting students have valid state inspections and where applicable valid state police inspections prior to transporting students and staff. Ensure that all vehicles have the proper insurance coverage as dictated by state regulations and school district requirements. Resolve vehicle breakdowns, summon tow vehicles, reroute other vehicles to transport any students on disabled vehicles as expediently as possible. O. ACCIDENTS investigate immediately all accidents involving school vehicles under contract to the school district. 8 Notify the Superintendent of Schools, appropriate building principal and parents (if necessary) immediately when an accident occurs involving Consortium students, staff, or vehicles. Include in the notification the name of every person on the vehicle at the time of the accident including information about possible injuries, and other information requested by the appropriate law enforcement agencies. Submit a detailed, written report to the Consortium within 24 hours of an accident. Submit on time all other mandated reports. Notify the Consortium as soon as possible about any accidents involving injury and property damage. P. mDEPENDENTCONTRACTOR It is understood that the contractor is an independent contractor and not an officer, agent or employee of the Consortium or school district while engaged in canying out and complying with any of the terms and conditions of the contract. Q. NON-TRANSFERABLE CONTRACT The contract shall not be transferred or assigned without the prior approval of the board and the written consent of the school district R. FORFEITURE 1. If the contractor fails to perform satisfactorily, or to furnish safe and adequate personnel and equipment, or otherwise fails to comply with the terms of the contract, the school district may cancel the contract without prior notice and procure services elsewhere. The school district may in its sole discretions offset subsequent payments; call for the forfeiture of the 20% Letter of credit; and other surety instruments and/or collateral. 2. If the contractor fails to perform satisfactorily any of the services required under the provisions of proposal and contract, the contractor shall not be paid for those days in which it fails to provide transportation services or continuously fails to meet the required time schedule, and should the school district be able to obtain such services elsewhere, the contractor shall additionally be liable and, upon submission of an invoice by the school district, pay to the school district the additional cost to the school district in obtaining the services above the contractual rate in effect between the contractor and the Consortium. In the event the school district should be unable to obtain such services elsewhere, or in lieu thereof at the option of the school district, the contractor shall pay to the school district, in addition to any other accounts payable hereunder, additional administrative costs to the District in the amount of two hundred dollars ($200.00) per day to be deducted from the next payment to the contractor. 9 A. NON-DffiC~INATIONPROVffiION the contractor agrees to comply with the provisions of the Pennsylvania Human Relations Act in providing equal employment opportunities to those the contractor hires in connection with all work performed on behalf of the Consortium. The contractor will not discriminate nor permit discrimination by its agents or employees against any employee or applicant for employment because of race, color, religion, age, or natural origin. The Contractor will supply all compliance reports required by the Pennsylvania Human Relations Commission. Failure to comply with all requirements of the Governor's Code of Fair Practice (June 6,1983) and the regulations of the Pennsylvania Human Relations Commission shall constitute a substantial breach of this contract and reason for termination upon written notice to the contractor. B. RIGHT TO MONEY the Consortium believes and represents to contractors that is has the right to enter a contract for transportation services. Nevertheless, in the event that right is challenged, the Consortium reserves the right to reject any and all proposals and/or to modify the terms of the proposals to protect the interests of the Consortium. In the event such modifications are unacceptable to the contractor, such contractor shall be released from any obligation to the Consortium. C. The Consortium shall consider all matters arising out of this contract not specifically provided for therein. D. LIMITATIONS This request for proposal is limited to school bus contractors providing services to the Consortium member school districts as of May 6,2005. 10 APPENDIX A CONSORTIUM MEMBER SUBJECT TO AGREEMENT Big Spring School District Carlisle Area School District Mechanicsburg Area School District Northern York County School District South Middleton School District 11 APPENDIX B 2004-2005 PROPOSAL COST DATA Proposing contractors shall base their proposed costs on the attached 210 transportation requirements. This requirement list represents current 2004-2005 transportation needs of the consortium. It is not intended, nor should it be interpreted to be a static transportation needs list. Although it represents the likely magnitude of transportation needs it will change by student needs as well as locations from day-to-day. This listing of needs serves only to provide the scope of transportation requirements likely to occur in the future. 12 APPENDIX C FORM OF PROPOSAL 1 Contract Term: The contractor(s) are required to propose an initial term of the contract years. The term shall be based on the consideration ofthe efficient and effective capitalization of equipment costs. The term will automatically self-renew annually after the initial term unless either party notifies the other in writing within 90 days of termination that they do not wish to renew the contract. If termination occurs, after the initial term of the contract is selected by either party, it shall be without legal recourse to the other party and with no fault on either party. Initial Contract Term Proposed: Years Total Initial Term Annual Cost: The contractor(s) must provide a total initial term annualized cost which will be based on the Pennsylvania State Transportation Subsidy Payments (+/-) a per student variance which addresses additional overhead costs per student. TOTAL PER ANNUM PROPOSED COST FOR INITIAL TERM: FORMULA (+/-): $ per Student Transported/Per Year tequest for Proposals due 11 :OOAM Friday May 20, 2005 Company Name Address City Representative's Name(print) State Zip Authorized Representative's Signature Date 1 Proposal must consider only direct and indirect expenses associated with special needs transportation requirements specified in Appendix B. It is to be assumed that all transportation subsidy payments will be returned directly to the participating districts. 13 e~ SCno ~ 0..... .IE ~ Q. III III .- - -;: ,~ ~ ~. V .... C.A.S.Q CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvani'l17013 Telephone: 717-240-6800 Mary Kay Durham, Superintendent 24 June 2005 Mr. John Schrantz Rohrer Bus Service POBox 100 Duncannon, P A 17020 RE: Special Education Transportation Services Dear Mr. Schrantz: . The purpose of this letter is to notify you that all board of directors acted favorably on the terms and conditions of your special needs transportation proposal. Your response to the request for proposal, dated 5/2112005 and signed by Mr. John M. Schrantz on behalf of the consortium of contractors, was formally accepted by all school districts of the local special education consortium (Northern York, Big Spring, Carlisle, South Middleton, and Mechanicsburg). The request for proposal sent to your attention and dated May 12, 2005 outlines the terms and conditions of the transportation services. Please sign one copy of the enclosed letter and return it to my attention in the self-addressed envelope acknowledging your agreement with these terms and conditions. On behalf of the consortium members I wanted to thank you for your efforts. We look forward to a mutually beneficial and productive relationship. If you have any questions regarding this please feel free to contact me. cid- Robert C. Williams Board Secretary/Director of Finance End: as cc: Superintendent South Middleton School District, Superintendent Northern York School District File . .,.. Co Vl-:V v--\-i.......'^- "'\ (\)'V\.. t~'-C-~..s. '.jO\.,., tv\. S, k..-cq,d"2-- Printed'Name f / ~ b!21!tJC:; Signatu al:e-._.. ~ S:\BUSINESS\BU _2006\RCW_ ONL Y\EXPENSE\CAIU\L TR.. B$S _NOTIFICATION, DOC Jul 29 05 08130a 871?'9/2BBS 08:26 Gloria L~l:le 71 72431887 717-248-2584 p. 1 PAGE 0(,1 Be MDwO LYTLE TRANSPORT A nON, INC., Plaintiff IN TIfE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. CUMBERLAND COUNTY REGIONAL SPECIAL EDVCA. TION CONSORTIUM, an unincorporared associatil>n, CARLISLE AREA SCHOOL DlSTR[CT, BIG SPRING : SCHOOL D[STRICT, and MECHANICSBURG AREA SCHOOL DISTRICT. Defendants VERiFICATION I, Gloria Lytle, president of Lytle Trnnsportation, Inc., hereby verify !hat, to the best of my knowledge, ;Ilfonnation, llIlc;l believe, all avennents ;n \his docu:menllU'C true aod correc:t. and tbat I h.ve the authority to make this verification. This statement ofvcrification is made subject to the penaltie. of I R Pa,C.S. Section 4904 relating to un_worn fal_ifieaUons to authorities, which provides that if I make knowingly false aVClmcnts, I may be subject to criminal penalties. Date: loly 29,2005 ~~4~Qo. ",-. --b ~ '. A() ) ~ - - 0\ ~ (]- '" \ (S'- ........ ~ ~ ~ ~ ~ ----- r~ -' _.;-~. , , \ '\~"';: 0...<' .~-\ ~,{"~ \1- .~ , \ C.-I "','~ - LYTLE TRANSPORTATION, INc:., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 06~ -J~ 7g ~J~ CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING: SCHOOL DISTRICT, and MECHANICS BURG AREA SCHOOL DISTRICT, Defendants PLAINTIFF'S MOTION FOR PRELIMINARY OR SPECIAL INJUNCTION AND NOW, comes the Plaintiff, Lytle Transportation, Inc., by and through its attorneys, Martson Deardorff Williams & Otto, and hereby moves this Court tor a preliminary injunction under Pa.R.c:.P. I53l enjoining and restraining the above Defendants pending final hearing and detennination of this action from perfonning under a contract awarded to Rohrer Bus Service on behalf of a Consortium of Contractors as described in Exhibit "B" attached to the Verified Complaint, and in support avers as follows: 1. The Verified Complaint filed on July 29, 2005, is hereby incorporated herein as if fully set forth. 2. Unless Defendants are effectively restrained and enjoined from performing under contract as described with particularity in the Verified Complaint and in Exhibit "B" attached to thereto, P laintiffw ill sutTer jm mediate, substantial, a nd irreparable ha rm. P laintiffha s been transporting special needs children for the defendant school districts for up to 31 years. If the defendant school districts are permitted to perform under the contract as described in Exhibit "B" without Plaintiff having an opportunity to submit a proposal for this work, Plaintiff will unjustly be driven out of business by the defendant school districts. Plaintiffis simply requesting that this Court maintain the status quo until a final hearing on the merits. 3. PlaintitTtiled its Verified Complaint on July 29,2005. 4. The issuance ofa preliminary injunction will not cause undue inconvenience or loss to the Defendants since Plaintiff will be providing the same reliable service it has been providing for 31 years, but will prevent irreparable injury to the Plaintiff. 5. As a matter oflaw, PlaintifThas no adequate remedy at law to redress the injury that will be causcd by the Defendants' performance under the contract. 6. Plaintiff is likely to succeed in proving its case at trial. 7. In view ofthe obvious defects in the award of the contract, Plaintiff avers that a bond is unnecessary in this case. WHEREFORE, Plaintiffs respectfully request that this Court enter an Order preliminarily enjoining and restraining Defendants and their employees, agents, assigns, and successors in interest from performing under the contract described in Exhibit "8" to the Verified Complaint. ~yARTS(WVFF WILLIAMS & OTTO Carl C. Risch, Esquire P A Attorney I.D. No. 7590 I Ten East High Street Carlisle, P A 17013 (7l7) 243-3341 Attorneysfor Plaintiff' Date: July 29,2005 t,.) c:::> c.::.:> U' r.~_ -<. [' 'i"'-; ....;.J -,- c:-'. t~'~) ",p C) -"\"\ .-\ -;::~ \,\ -(1 ::~ .;< RECEIVED AUG 01 1005 G LYTLE TRANSPORTATION, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. os- - .3 '3 7b' ~:J~ CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING: SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants ORDER ANDNOW,this~dayof r~j... ,2005, upon consideration ofthe attached Motion for Preliminary of Special Injunction, a healing in the above-captioned matter is hereby set for ~ IS-, 2005, at I', ~O o'clock, in Courtroom #~, Cumberland County, Pennsylvania. / -- ---'. / BY THE J. Z1 :11 2- ;)ffc/ SDu2 ~f'\, ' 3Hl :i() JTn!,~1 ---- -, - LYTLE TRANSPORTATION, INC., and ROGER D. MORRISON Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 1'10.05-3878 Civil Term CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING : SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants PLAINTIFFS' AMENDED MOTION FOR PRELIMINARY OR SPECIAL INJUNCTION AND NOW, comes the Plaintiffs, by and through their attorneys, Martson Deardorff Williams & Otto, and hereby move this Court for a preliminary injunction under Pa.R.C.P. 1531 enjoining and restraining the above Defendants pending final hearing and determination of this action from performing under a contract awarded to Rohrer Bus Service on behalf of a Consortium of Contractors as described in Exhibit "B" attached to the Verified First Amended Complaint, as this contract pertains to those services historically provided by Plaintiff Lytle Transportation, Inc. ("Lytle"), and in support aver as follows: 1. The Verified First Amended Complaint filed on August 10, 2005, is hereby incorporated herein as if fully set forth. 2. Unless Defendants are effectively restrained and enjoined from performing under contract as described with particularity in the Verified First Amended Complaint and in Exhibit "B" attached thereto, as the contract pertains to those services historicallv provided bv Lvtle, Plaintiffs will suffer immediate, substantial, and irreparable harm. Plaintiff Morrison is a taxpayer and an employee of Lytle. Lytle has been transporting special needs children for the defendant school districts for up to 31 years. [f the defendant school districts are permitted to perform under the contract as described in Exhibit "B" as it pertains to those services historically provided by Lytle, without Plaintiff Lytle having an opportunity to submit a proposal for the work, Plaintiff Lytle will unjustly be driven out of business by the defendant school districts. Plaintiff is simply requesting that this Court maintain the status quo until a final hearing on the merits. Moreover, Plaintiff Morrison will be irreparably harmed if a public contract is awarded in an arbitrary and capricious manner. 3. The issuance of a preliminary injunction will not cause undue inconvenience or loss to the Defendants since Plaintiff Lytle will be providing the same reliable service it has been providing for 31 years, but will prevent irreparable injury to the Plaintiffs. 4. As a matter oflaw, Plaintiffs have no adequate remedy at law to redress the injury that will be caused by the Defendants' performance under the contract as the contract pertains to those services historically provided by Lytle. 5. Plaintiff is likely to succeed in proving its case at trial. 6. [n view of the obvious defects in the award ofthe contract, Plaintiffs aver that a bond is unnecessary in this case. WHEREFORE, Plaintiffs respectfully request that this Court enter an Order preliminarily enjoining and restraining Defendants and their employees, agents, assigns, and successors in interest from performing under the contract as described in Exhibit "B" to the Verified First Amended Complaint as this contract pertains to those services historically provided by Lytle. ::RTSO~F WILLIAMS & OTTO Carl C. Risch, Esquire PA Attorney LD. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys/or Plaintiff Date: August 12, 2005 LYTLE TRANSPORTATION, INC., and ROGER D. MORRISON Plaintit1s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 1'10.05-3878 Civil Term CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING: SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, Defendants CERTIFICATE OF SERVICE I, Carl C. Risch, do hereby that the foregoing was served by First Class Mail and/or facsimile and/or hand delivery as follows: James D. Flower, Jr., Esquire 26 West High Street Carlisle, P A 17013 Philip H. Spare, Esquire Stock & Leader Susquehanna Commerce Center East 221 West Philadelphia Street, Suite E600 York, PA 17404 Donna S. Weldon, Esquire Keefer Wood Allen & Rahal, LLP P.O. Box 11963 Harrisburg, P A 17108-1963 cooo Carl C. Risch Dated: August 12,2005 D V '/f"' -"t~ . '. 1,:{;\\ .-,' ~ or ~ ,,"> -;::, .s."",; '~'-;'. ' ~;~:~ ~ ~'~ .-.t.: .' o;;i7 ~~j\~;, :..c. Q. ~~ -:Q \" <.-0(\ -()'~ ~,::) t.?\;?, .::..(".-;.... (:t~ 'q ~ . , .- -<> -:;f- ,-,' .' ~ vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3878 CIVIL TERM LYTLE TRANSPORTATION, INC. Plaintiff, CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM,: an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, : BIG SPRING SCHOOL DISTRICT, and : MECHANICSBURG AREA SCHOOL DISTRICT, Defendants. ANSWER TO FIRST AMENDED COMPLAINT AND NOW, come Defendants CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING SCHOOL DISTRICT, and MECHANICSBURG AREA SCHOOL DISTRICT, by and through their attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, and aver the following: 1. Admitted. 2. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to fhe truth of this averment. 3. It is admitted that Defendant Morrison is an employee of LYTLE TRANSPORTATION, INC., however Defendants are without sufficient knowledge or information to form a belief as to the truth of whether he is dependent upon LYTLE for his livelihood. 4. Denied. The CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM is not an unincorporated association, but a group of school districts cooperating under the Intergovernmental Cooperation Act. It is denied thaf the Consortium has a place of business at 623 Wesf Penn Street, Carlisle, Cumberland County. Pennsylvania.. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. The RFP did originally indicate that it would receive proposals until 11 :00 a.m., Friday, May 21, 2005, and instructed respondents to deliver a proposal to 623 West Penn Street, Carlisle, Pennsylvania. By letter of May 19, 2005, copies of which are attached hereby as Exhibit "A", the deadline for submission of the RFP for special needs transportation was extended fo Monday, May 23, 2005, af 4:00 p.m. This extension was communicated to all qualified bidders. 8. Admitted. 9. Denied. Plaintiff was a provider of school bus services for special need children fo the Capifal Area Intermediate Unit. It is denied that Plainfiff was providing bus services directly fo any of the Consortium member school disfricts, nor that it had a contractual relationship with any of them, as of May 6, 2005. 10. Denied. Plaintiff did not meet the definition of those parties eligible to make proposals. The Consortium only solicited those providers of school bus services who provided services directly to the Consortium member disfricts. 11. Denied. No consideration was given to specifically excluding Plaintiff. The RFP was delivered to all school bus contractors known to Defendants who had provided services direcfly to Consortium member school districts, that is, all those who had a contractual relationship with the member districts, as well as to the Capital Area Infermediate Unit. These included Fahrney Bus Company, Rohrer Bus Service, B & S Transportation, Kauffman Bus Service, and Deitch Busing Service. 12. Denied. The deadline for submission of proposals was not unreasonably short. Actual notice of the RFP was only submitted to school bus contractors providing services directly to Consortium member school districts, which did not include Plaintiff. 13. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averment that Plaintiff would have submitted a proposal. 14. Admitted in part and denied in part. As set forth more fully above, the deadline for submission in response to the request for proposal was specifically extended to May 23, 2005, at 4:00 p.m. It is admitted that a proposal dated May 21, 2005 was accepted by all members of the Consortium, and that a copy of that letter is attached as Exhibit "B". 15. Denied. The deadline for submissions in response to the RFP had been extended to May 23, 2005, at 4:00 p.m. 16. Denied. The Consortium's award was in no way arbitrary and capricious. The School Code imposes no duty to competitively bid school bus service, and Defendants had no duty to offer Plaintiff a right to submit a proposal. The Consortium's limitation of bidders to school bus contractors providing services directly to Consortium member districts was rational and reasonable. 17. Denied. Plaintiff did not meet the definition of an eligible proposer under the RFP. The award of the contract was in no way defective. 18. Denied. Even if Plaintiff Morrison is a taxpayer in the BIG SPRING SCHOOL DISTRICT, he has no interest in the contract. Transportation contracts need not be competitively bid or bid fhrough requests for proposals, but must simply be negotiated by the Board of School Directors of the appropriate Districts. Consequently, any taxpayer is not aggrieved by the exercise of appropriate discretion by fhe Board of School Directors in awarding fransportation contracfs. 19. Denied. Plainfiff LYTLE TRANSPORTATION, INC. did not meet the definition of eligible participants in fhe RFP. Even if it did, the Consortium and its member districts had no obligation to award the bid to the lowest responsible bidder, but could exercise appropriate discretion in determining who to contract with for transportafion. After reasonable investigation, Defendants are without sufficienf knowledge or information to form a belief as to whether others would challenge the award of the contract if Plaintiffs failed fo bring the current action. 21. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to whether Plainfiffs are "best situated" to assert this claim against other potential parties. 22. Denied. Any potential provider of fransportafion has the right fo negotiate with the Consortium or with any individual school districfs to provide transportation to students. 23. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the impact upon Plaintiff of not confracting with Defendants. 24. Admitted. NEW MATTER 25. During the 2004-2005 school year and in previous school years, Plaintiff Lytle Transportation, Inc. did not have a contract wifh any of Defendant School Districts for transportation of special needs students. 26. During the 2004-2005 school year and in previous school years, Defendanf School Disfricts contracted with the IU for its special needs transportation. 27. In seeking proposals and obtaining a proposal from Rohrer Bus Lines on behalf of a consortium of contractors, Defendant School Districfs expect to save several hundred thousand dollars on their special needs transportafion costs, when compared to the 2004- 2005 school year and previous school years. 28. Under the laws of Pennsylvania, school districts are not required to seek bids or requesfs for proposals for school transportation confracts. 29. Under Pennsylvania law, school districfs are permitted to negotiate with one or more providers in an effort to establish contractual arrangements for school bus transportation. 30. Under the Pennsylvania Intergovernmental Cooperation Act, school districts are authorized to cooperate in obtaining goods and services in an effort to improve efficiency and save money for faxpayers. Lytle Transportation, Inc. lacks standing to challenge the award of the transportation contract at issue. 31. Based upon information and belief, it is averred that Lytle Transportation, Inc. is not a taxpayer in the Big Spring School District or other Consortium school disfricts. The Consortium extended the deadline for response to its RFP prior to May 20, 2005 at 11 :00 a.m. 32. Lytle Transportation, Inc. was not among the contractors providing school bus services to Consortium member school districts as of May 6, 2005. 33. The Consortium was under no obligation to provide Lytle Transportation, Inc. with an opportunify to submit a proposal. 34. The 2005-2006 school year is about to begin. 35. Defendant School Districts are under an obligation to inform its previous special needs transportation provider, fhe IU, as to whether the IU would be selected as fhe special needs transportation provider for the 2005-2006 school year. 36. Big Spring School Disfrict is concerned that any attempt to return to the "status quo" of the special needs transportation situation for the 2004-2005 school year would result in confusion, disruption in fransportation of special needs students and much higher costs to taxpayers than the current arrangements made for the 2005-2006 school year. 37. Based upon informafion and belief, if is averred that Consortium member school districts expect to save nearly $1,00,00.00 in special needs transportation costs during the 2005-2006 school year when compared to previous school years when fhey contracted with the IU for such services. 38. As a subcontractor for the IU, Plaintiff was subject to the possibility that the IU's contract with member school disfricts would not be renewed beyond any current school year. 39. In the event this Court would void the Consortium's June 24, 2005 award of the transportation contract, the Defendant School Disfricts would be free to negotiate wifh transportafion providers of its choice for special needs transportation during the 2005-2006 school year. WHEREFORE, the relief requested by Plaintiff, Lytle Transportafion, Inc., should be denied. Defendant School Districts should be permitted fo honor the June 24, 2005 award of the special needs transportation contract. In the event this Court voids the award of fhe contract, Plaintiff's request for additional equifable relief should be denied and the affected school districts should be permitted to negotiate for their fransportafion needs as permitted under Pennsylvania law. SAIDIS, SHUFF, FLOWER & LINDSAY Attorneys for Cumberland County Regional Special Educafion Consortium and Carlisle Area School District James D. Flower, Jr., Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 I.D. #27742 Date: August /s~ ,2005 VERIFICATION I, ROBERT CRAIG WILLIAMS, Board Secrefary and Director of Finance of the Carlisle Area School District, hereby verify that the statements made in the wifhin Answer are true and correct to the best of my knowledge, information and belief. I understand that false statemenfs herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relafing to unsworn falsification to authorities. CARLISLE REA SCHOOL DISTRICT By Robert Craig Williams Board Secrefary and Director of Finance Date: August IS-, 2005 CARLIStE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone: 717-240-6800 Mary Kay Durham, Superintendent 19 May 2005 Mr Don Boyanoski Boyo Transportation 1304 S Forge Rd Palmyra, P A 17078 RE: Extension for SPED Request for Proposal VIA: Facsimile and US Postal Service Dear Don: The purpose of this letter is to notify you that we will extend the deadline for submission of the RFP for Special Needs Transportation, forwarded to you last week. The deadline for submissions will be extended until Monday, May 23,2005 at 4:00 p.m. in Carlisle Area School District Administrative Office. If you have any questions regarding this please feel free to contact me. S7lrJ ( !rL- Robert C. Williams Board Secretary/Director ofPinance cc: File S:\BIJSINESS\BU _ ~006\RCW_ ONL Y\EXPENSE\CAIU\LTR _PROPOSAL _EXTENSION. DOC fJ)( It CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone: 717-240-6800 Mary Kay Durham, Superintendent 19 May 2005 Mr. Scott Downey Capital Area Intermediate Unit 55 Miller St PO BOX 489 Summerdale, P A 17093 RE: Extension for SPED Request for Proposal VIA: Facsimile and US Postal Service Dear Scott: The purpose of this letter is to notifY you that we will extend the deadline for submission of the RFP for Special Needs Transportation, forwarded to you last week. The deadline for submissions will be extended until Monday, May 23,2005 at 4:00 p.m. in Carlisle Area School District Administrative Office. If you have any questions regarding this please feel free to contact me. SitLJ{l ft/~ Robert C. Williams Board Secretary/Director of Finance cc: File S:\BUSlI'\ESS\8U_ :!006\RCW _ ONL Y\EXPENSE\CAIU\L TR]ROPOSAL _ EXTENSION. DOC CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone: 717~240-6800 Mary Kay Durham, Superintendent 19 May 2005 Mr. Richard Linder Fahrney Bus Company 27 Spring Lane Rd Dillsburg, PA 17019 RE: Extension for SPED Request for Proposal VIA: Facsimile and US Postal Service Dear Richard: The purpose of this letter is to notify you that we will extend the deadline for submission of the RFP for Special Needs Transportation, forwarded to you last week. The deadline for submissions will be extended until Monday, May 23, 2005 at 4:00 p.m. in Carlisle Area School District Administrative Office. If you have any questions regarding this please feel free to contact me. Sint:LJctJ~ Robert C. Williams Board Secretary/Director of Finance cc: File S:\BU5INESS\BU _2006\RCW _ ONL Y\EXPENSE\C.-1.ltllL TR _PROPOSAL_ EXTENS.ION.DOC CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone: 717-240-6800 Mary Kay Durham, Superintendent 19May2005 Mr. John Schrantz Rohrer Bus Service PO BOX 100 Duncannon, P A 17020 RE: Extension for SPED Request for Proposal VIA: Facsimile and US Postal Service Dear John: The purpose of this letter is to notify you that we will extend the deadline for submission of the RFP for Special Needs Transportation, forwarded to you last week. The deadline for submissions will be extended until Monday, May 23, 2005 at 4:00 p.m. in Carlisle Area School District Administrative Office. If you have any questions regarding this please feel free to contact me. stJ-JC~ Robert C. Williams Board SecretarylDirector of Finance cc; File S:\BU5INESS\BU _2006\RCW _ ONL Y\EXPENSE\CAIU\LTR_PROPOSALJ::\.IENSION.DOC CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone: 717-240-6800 Mary Kay Durham, Superintendent 19 May 2005 Mr. Scott Schoffstall B & S Transportation PO BOX 2337 Mechanicsburg, P A 17055 RE: Extension for SPED Request for Proposal VIA: Facsimile and US Postal Service Dear Scott: The purpose of this letter is to notifY you that we will extend the deadline for submission of the RFP for Special Needs Transportation, forwarded to you last week. The deadline for submissions will be extended until Monday, May 23, 2005 at 4:00 p.m. in Carlisle Area School District Administrative Office. IfyoLl have any questions regarding this please feel free to contact me. sinclfelr fi I I _ . ~{!~. Robert C. Williams Board Secretary/Director of Finance cc: File S:\BU5INESS\8U _ 2006\RCW _ ONL Y\EXPENSE\CAIU\L TR_PROPOSAL _ EXTENSION DOC CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone: 717-240-6800 . Mary Kay Durham, Superintendent 19 May 2005 Mr. William Hepler Kauffman Bus Service 1565 Jerusalem Rd Mechanicsburg; Pa 17050 -'-.,; '^.;'.,. RE: Extension for SPED Request for Proposal VIA: Facsimile and US Postal Service Dear William: . ',' ,'.- The purpose' of this letter is to notify you that we will extend the deadline for submission of the RFP for Special Needs Transportation, forwarded to you last week~.Theidead1inefor submissions Will be exteiided until Monday, May 23, 2005 at 4:00 pim. in Carlisle Area. School District Administrative Office. If you have any questions regarding this please feel ~G;;:)c~ Robert C. Williams Board Secretary/Director of Finance cc: File S:\BUSINESS\BU _:!OO6\RCW _ ONL Y\EXPENSE\CAIU\L TR_PROPOSAL _ EXTENSION.DOC CARLISLE AREA SCHOOL DISTRICT 623 W. Penn Street Carlisle, Pennsylvania 17013 Telephone: 717-240-6800 Mary Kay Durham, Superintendent 19 May 2005 Mr. Richard Deitch Deitch Busing Service 2212 Newville Road Carlisle, Pa 17013 RE: Extension for SPED Request for Proposal VIA: Facsimile and US Postal Service Dear Richard: The purpose of this letter is to notify you that we will extend the deadline for. submission of the RFP for Special Needs Transportation, forwarded to you last week. The deadline for submissions will be extended until Monday, May 23, 2005 at 4:00 p.m. in Carlisle Area School District Administrative Office. If you have any questions regarding this please feel ::;J:j t kL- Robert C. Williams Board SecretarylDirector of Finance cc: File S:\BUSINESS\BU _2006\RCW _ ONt Y\EXPENSE\CAJU\L TR]ROPOSAL_EXTENSION.DOC o G ~ -o~~', m-I.en ~(;:. (;~~ "~_:- r:);'! fj.~~ ');;.". (~~~ ...,. .~, ::< r-> "'" ~ ~ c~ Cl U1 Q, ,-I -:e~ [11f;: -cl<:G ~J1CJ '(.., .L .:~'jSli. ~i~ ~~ t,'.-) _,~l ,~ ~ 5': ,- -- tfl C) LYTLE TRANSPORTATION, INC., and ROGER D. MORRISON, PLAINTIFFS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CUMBERLAND COUNTY REGIONAL SPECIAL EDUCATION CONSORTIUM, : an unincorporated association, CARLISLE AREA SCHOOL DISTRICT, BIG SPRING SCHOOL DISTRICT and MECHANICSBURG AREA SCHOOL DISTRICT, DEFENDANTS 05-3878 CIVIL TERM IN RE: PRELIMINARY INJUNCTION ORDER OF COURT AND NOW, this ~day of August, 2005, following a hearing, the petition of Lytle Transportation, Inc., for a preliminary injun~tion, IS~IE 1 ,,- /. By the-C:ourt, / /' " / ~~~ B.yley, J ~rl C. Risch, Esquire For Lytle Transportation, Inc. ~mes D. Flower, Jr., Esquire For Cumberland County Regional Special Education CClnsortium, an unincorporated association, Carlisle Area School District and Mechanicsburg Area School District ~i1ip H. Spare, Esquire For Big Spring School District :sal <... I Lytle Transportation, Inc., has not demonstrated that it has a reasonable likelihood of success on the merits. Its right to relief is not clear. (") '" ~,~ = 0 = <or< "'Tl d:; ~::;::: :> :t .' c:: "'::.- <i') Ml:!J ~"! "fTI ,--::' -.I :1J'i ::;-,- C> -"1 C) 1i2' -0 :-t:'I, :E: -'):D ~;;.(") ~ " Om ~ c.n -< T