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HomeMy WebLinkAbout18. 19-630 DECEMBER 10, 2019 19-630 RESOLUTION (CARRIED____7-0____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE GO TRANSIT REVENUE AGREEMENT WITH FOX VALLEY TECHNICAL COLLEGE INITIATED BY: TRANSPORTATION DEPARTMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized to enter into an appropriate agreement with Fox Valley Technical College for providing Fox Valley Technical College students with City bus services and transportation. The proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. j Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Jim Collins, Transportation Director DATE: December 6, 2019 RE: Approve GO Transit Revenue Agreement with Fox Valley Technical College (FVTC) BACKGROUND GO Transit currently has a revenue agreement with FVTC that is expiring at the end of the year. The agreement allows FVTC students to ride GO Transit for free with a current FVTC picture ID. FVTC pays GO Transit a fixed amount of $29,000 per year for this program. We have negotiated with FVTC to extend this agreement for up to another 5 years. ANALYSIS FVTC student ridership is down this year; however, we expect it to return to normal levels in the coming years. Therefore, the current amount is reasonable. FVTC and GO Transit agreed to revisit the revenue amount if ridership substantially increases or decreases during the course of the agreement. This program provides GO Transit with predictable revenue and provides FVTC students access to safe, reliable transportation. The program also helps GO Transit's perception and ridership by familiarizing many young adults with public transit. FISCAL IMPACT The fiscal impact of this agreement is revenue of $29,000 per year to help fund GO Transit. RECOMMENDATION I recommend that the Common Council approve this revenue agreement with FVTC. Respectfully Submitted, Jim Collins, Transportation Director Approved: Mark A. Rohloff, City Manager City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us CONTRACT BETWEEN CITY OF OSHKOSH/ GO TRANSIT AN FOX VALLEY TECHNICAL COLLEGE Whereas, Fox Valley Technical College (hereinafter referred to as "FVTC") wishes to encourage the use of City of Oshkosh (hereinafter referred to as the "City") bus service by FVTC students; and Whereas the parties wish to enter into a new Agreement for use of City bus service by FVTC students, providing for some flexibility based upon actual ridership during the term of the agreement. In exchange for the mutual consideration stated below, the Parties agree as follows: 1. During the term of this Agreement, the City agrees to honor the FVTC Identification Card with current semester sticker as a bus pass to allow Program and Adult Basic Education students enrolled at FVTC to utilize City bus services. 2. FVTC agrees to establish appropriate procedures to assure that only one FVTC Identification Card is distributed to each student enrolled at FVTC. The card must be current with an expiration date and picture. The FVTC Identification Card is not transferable and not for resale and shall be forfeited and confiscated if misused or presented for transportation by any person other than the person to whom issued. If validation becomes a management issue, the City and FVTC will mutually agree to an alternative to the FVTC Identification Card. When shown by the students, the FVTC Identification Card with current semester sticker will be valid for transportation on all City bus routes at no additional charge as provided in this contract. The FVTC Identification Card shall be valid for transportation on all days during all scheduled hours on all GO Transit buses. This agreement applies strictly to GO Transit's fixed route bus service and intercity route service to Neenah (route 10). GO Transit's paratransit services are not included in this agreement. 4. The City shall provide its established and regularly publicized bus service. Additional bus service may be added if both the City and FVTC mutually agree based upon ridership need and the subsequent rate. The City shall invoice FVTC for additional service/routes at an agreed upon rate. 5. FVTC shall pay to the City $29,000 per calendar year, $14,500 will be invoiced in June (for January through June service) and $14,500 will be invoiced in December (for July through December service) each year. FVTC shall pay the invoices within 30 days of the date of invoice. City of Oshkosh/GO Transit — Fox Valley Technical College Page 1 of 4 6. The City will keep ridership records of FVTC Identification Card usage. The City will provide quarterly ridership reports to FVTC. FVTC and the City will work cooperatively to obtain and share any other information deemed necessary by either or both parties. 7. In providing and furnishing any of the aforementioned bus services, the City shall act as an independent contractor, and FVTC shall not have, and shall not exercise any control over the City's operation. 8. Individual student privileges may be revoked due to violations of the GO Transit Rider Policy. GO Transit will make FVTC aware of the issues. 9. It is understood that the administration, management, marketing and promotion of the bus service program are the mutual responsibility of the City and FVTC. 10. Subject to any limitations contained in Secs. 893.80, 893.83, 345.05, and any similar statute, of the Wisconsin Statutes, each party agrees to hold the other party, the other party's officers, officials, employees and agents harmless from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to person or property arising out of the terms of this Agreement where such liability is founded upon or grows out of the acts or omission of any of the indemnifying party's officers, employees or agents while acting within the scope of their employment. It is the intention of the parties to this Agreement that each party shall be solely responsible for its own actions and activities and the actions and activities of its own officers, employees and agents while acting within the scope of their employment. Further, it is the intention of the parties to this Agreement that each party shall be entitled to rely upon the municipal limitations and immunities available under Wisconsin law, including but not limited to section 345.05, 893.80 and 893.83 of the Wisconsin Statutes and that such damage limits, caps and immunities shall be used to govern all disputes, contractual or otherwise, as they apply to the parties, their agents, officers and employees. 11. The City and the FVTC agree to cooperatively establish administrative policies and procedures that will effectively safeguard the interest of both parties. 12. The City shall not be in default of any provision of the Agreement for failure to perform where such failure is due solely to extreme weather, strikes, walkouts, civil insurrections or disorders, orders of civil authorities, shortages of motor fuel or equipment, acts of God, or for any other cause or caused beyond the control of the City. 13. Should the City or FVTC be unable to fulfill the requirements of this agreement because of expected lack of funds, then the party anticipating the funding shortage may provide (30) days prior written notice of such expected lack of funds and this agreement shall be terminated upon expiration of the thirty (30) days notice. City of Oshkosh'GO Transit — Fox Valley Technical College Page 2 of 4 14. If either FVTC or the City reasonably believes that this Agreement has been breached, then written notification of the alleged breach shall be delivered to the other party. Any party in breach shall have thirty (30) days from the date of the Notice to cure any actual breach; provided, however, that if the breach cannot be reasonably cured within a thirty (30) day period, the party shall not be deemed to be in default as long as the party commences the cure within the thirty (30) day period and diligently pursues the cure to its completion. 15. All accounts shall be settled on a prorated basis in the event of terinination of this Agreement prior to its full term. 16. The term of this Agreement shall be for calendar years from January 1, 2020 through December 31, 2022 with an option by mutual agreement of FVTC and the City to renew for two additional one-year periods, for calendar years 2023 and 2024. If at any time during the agreement, ridership exceeds or is less than the initial estimate of 10,000 per 6 months by more than 20%; both parties agree to revisit the contracted amount. 17. City and FVTC each warrant that it has the authority to enter into this Agreement and that any approval required of and by each entity has been obtained and is valid for the full term of this Agreement. City of Oshkosh/GO Transit — Fox Valley Technical College Page 3 of 4 The City of Oshkosh hereby duly executes the Agreement the, day of December, 2019. .............. By. __ Mark A. Rohloff, City Manager I� Lynn A. Lorenson, City Attorney By; . . Pamela R. Ubrig, City Clerk Fox Valley Technical College (FVTC) hereby duly executes this Agreement the day of December, 2019. By: Y• l Associat ' ice President of Student Services, Fox Valley Technical College City of Oshkosh/GO Transit — Fox Valley Technical College Page 4 of 4