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HomeMy WebLinkAbout16. 20-156 APRIL 14, 2020 20-156 RESOLUTION (CARRIED 6-1 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE TRANSPORTATION AGREEMENT WITH OSHKOSH AREA SCHOOL DISTRICT FOR STUDENT TRANSPORTATION INITIATED BY: CITY ADMINISTRATION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached Agreement between the City of Oshkosh/Go Transit and the Oshkosh Area School District for Student Transportation Services is hereby approved and 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. xv L..-\ 40 Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Rohloff, City Manager /er DATE: March 12, 2020 RE: Agreement with Oshkosh Area School District for Student Transportation BACKGROUND At the February 11, 2020 Council meeting, Council adopted resolution 20-63, agreeing in principle to provide free transit service for Oshkosh Area School District (OASD) students. The final resolution was amended to provide for a two-year agreement. During council discussion, the council authorized the City Manager to use his judgment in negotiating specific terms that are consistent with terms that exist in other contracts between school districts and municipal transit systems. ANALYSIS During the course of my discussions with school district leadership, the school district believes that they are required to offer this free service to all students that go to any school within the boundaries of the Oshkosh Area School District, including private schools. Because of that interpretation,I advised OASD that those costs were over and above what were initially anticipated. As a result, the total amount of the contract increased by$3,500 annually, or approximately $3 per private school student. This per student amount is effectively how much OASD would be paying the city for its own students. This inclusion takes the annual amount of the contract to $93,500, of which the city would continue to provide $30,000 in annual funding. The other terms of the agreement are comparable to the agreements that exist between other Northeast Wisconsin cities and their respective school districts. These terms include the provision for year round service, not just the school year. While no other agreement provides for support from the nonprofit or philanthropic sector, OASD agreed to assume responsibility for collecting and administering these private contributions, which must total $30,000 annually. Both the OASD and private fundraising shares must be received by June 1 of each year so that the service may commence or continue on July 1. As for student identification, we mutually agreed that middle and high school students would be required to show their respective school identification card in order to ride.We also agreed that elementary students would not require such identification, as such IDs do not exist. We will leave it to our drivers to use their judgment to admit students on the buses. As directed by Council, the agreement is for two years, commencing on July 1, 2020 and expiring on June 30, 2022. The agreement allows us to review ridership data and determine if any adjustments to the annual contract amount would be needed for any renewal past June 30, 2022. Finally, the agreement makes it clear that, consistent with other municipal/school district agreements, the city shall have no further financial responsibility to participate in the program after June 30, 2022. This will give the school district sufficient time to find permanent funding sources for this program. Although I had expressed my concerns about the precedent of the city entering into this agreement, I believe that the above mentioned terms in this contract give the city sufficient financial protection during the term of this agreement. CONTRACT BETWEEN CITY OF OSHKOSH/ GO TRANSIT AND OSHKOSH AREA SCHOOL DISTRICT Whereas, community members and groups have requested the Oshkosh Area School District (hereinafter referred to as "OASD") and the City of Oshkosh(hereinafter referred to as the "City") to look into the possibility of providing free transit services to OASD students within the Oshkosh area and private school students who currently attend private schools within the OASD boundaries; and Whereas, the City and OASD have collaboratively studied the use of City transit service by OASD students and private school students and wish to enter into an initial two (2) year Agreement for use of City bus service by OASD students and private school students, both during the school year and during summer and breaks. In exchange for the mutual consideration stated below, the Parties agree as follows: 1. Term. The term of this Agreement shall be from July 1, 2020 through June 30, 2022. 2. During the term of this Agreement, the City agrees to honor current OASD Picture Identification Cards as a bus pass to allow students enrolled at OASD and staff members accompanying students for educational purposes (e.g. trips between schools for classes or services, school trips, work-based learning experiences, etc...) to utilize City bus services. The City recognizes that OASD does not issue Identification Cards to students in grades K through 5, approximately age 5 through 11. Children appearing to be within this age range will be allowed to ride the bus without charge and OASD understands that these children will be counted as riders under this program for tracking purposes. Children within grades 6 through 12 and above will be required to present their current Picture Identification Card to ride the bus without charge as a participant in this program. All staff members accompanying students for educational purposes shall be required to present school-issued current picture staff identification to ride the bus without charge as a participant in this program. OASD staff members are not eligible for free bus service at any other time. City of Oshkosh/GO Transit—Oshkosh Area School District Page 1 of 6 OASD agrees to establish appropriate procedures to assure that only one OASD Identification Card is distributed to each student enrolled at OASD. The card must be current with an expiration date and picture. The OASD 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 OASD will mutually agree to an alternative to the OASD Identification Card. 3. When shown by students, the OASD Identification Card will be valid for transportation on all Oshkosh City bus routes at no additional charge as provided in this contract. The OASD Identification Card shall be valid for transportation on all days during all scheduled hours on all GO Transit intra-city buses. This Agreement applies strictly to GO Transit's fixed route bus service. Intercity route service to Neenah is not included (route 10). GO Transit's paratransit services are also not included in this Agreement. The parties agree that private school students within the OASD boundaries shall be eligible to receive on an equal basis the free transit services provided to OASD students under this Agreement. 4. The estimated revenue loss to the City of Oshkosh Transit Division from the provision of the services identified within this Agreement without fare charged to students is ninety-three thousand and five hundred dollars ($93,500.00) annually. For the two year term of this contract, this $93,500.00 will be replaced by funding received from the City, OASD and private funding. a. Initial Year Funding i. The $30,000.00 for 2020-21 school year services to be provided by private funding shall be privately raised and administered and must be paid to the City in a single lump sum payment as a prerequisite to the City and OASD performance of any obligations under this Agreement. OASD shall be responsible for coordinating any private fund raising efforts under this Agreement. If the $30,000.00 is not paid to the City on or before June 1, 2020, this Agreement shall be null and void and neither City nor OASD shall have any rights or obligations hereunder. ii. Upon payment $30,000.00 for 2020-21 school year services to be provided by private funding, the City shall issue an invoice to OASD on or about June 1, City of Oshkosh/GO Transit—Oshkosh Area School District Page 2 of 6 2020 for the$33,500.00 for 2020 calendar year services to be provided by OASD. OASD shall pay the invoice within 30 days of the date of invoice. b. Second Year Funding i. Prior to June 1st of the second year it is anticipated that $30,000.00 for the 2021- 22 school year services to be provided by private funding shall be privately raised and paid to the City in a single lump sum payment. If the $30,000.00 is not paid to the City on or before June 1, 2021, this Agreement shall be terminated and neither City nor DASD shall have any rights or obligations hereunder. ii. The City shall issue on invoice to DASD for $33,500 to be provided by DASD on or about June 1, 2021. DASD shall pay the invoice within 30 days of the date of invoice. C. Subsequent Year Funding After June 30, 2022, the City reserves the right to adjust the annual payment based on ridership and anticipated lost revenue if the program is to continue. After June 30, 2022, the City shall have no further financial responsibility to participate in this program. 5. The City shall provide its established and regularly publicized bus service. Additional bus service may be added if both the City and DASD mutually agree based upon ridership need at an agreed upon rate. The City shall invoice OASD for additional service/routes at the agreed upon rate. 6. The City will keep ridership records of DASD Identification Card usage and usage by private school students. The City will provide quarterly ridership reports to DASD. OASD and the City will work cooperatively to obtain and share any other information deemed necessary by either or both parties. 7. The City and the OASD agree to cooperatively establish administrative policies and procedures that will effectively safeguard the interest of both parties, including with respect to the safeguarding of protected pupil information, as defined under Wisconsin Statutes Section 118.125,et seq.OASD will clearly and specifically identify all information given to City pursuant to this Agreement which DASD believes is subject to Wisconsin Statutes Section 118.125, et seq. City of Oshkosh/GO Transit—Oshkosh Area School District Page 3 of 6 8. All riders shall comply with all Go Transit rider policies and requirements while using Go Transit buses and facilities. Individual student privileges may be suspended or revoked due to violations of the GO Transit Rider Policy. GO Transit will make OASD aware of the issues and any suspensions or revocations issued. 9. It is understood that the administration, management, marketing and promotion of the bus service program are the mutual responsibility of the City and OASD. 10. In providing and furnishing any of the bus services under this Agreement,the City shall act as an independent contractor, and OASD shall not have, and shall not exercise any control over the City's operation. 11. 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. 12. Termination for Lack of Funding or Breach. Should the City or OASD be unable to fulfill the requirements of this Agreement because of expected lack of funds, then the party anticipating the funding shortage may provide thirty (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. If either OASD 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 City of Oshkosh/GO Transit—Oshkosh Area School District Page 4 of 6 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. 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. All accounts shall be settled on a prorated basis in the event of termination of this Agreement prior to its full term. 13. This document and any specified attachments contain all terms and conditions of the Agreement and any alteration thereto shall be invalid unless made in writing, signed by both parties and incorporated as an amendment to this Agreement. 14. The respective rights and obligations of the City and OASD in this Agreement are not assignable or delegable, in whole or in part, without the prior written consent of the other party. 15. This Agreement is the product of negotiation between the parties hereto and no term, covenant or provision herein or the failure to include a term, covenant or provision shall be construed against any party hereto solely on the basis that one party or the other drafted this Agreement or any term, covenant or condition contained herein. 16. Failure of either party to insist upon the strict performance of terms and provisions of this Agreement, or any of them, shall not constitute or be construed as a waiver or relinquishment of that party's right to thereafter enforce such term or provision, and that term of the provisions shall continue in full force and effect. 17. City and OASD 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. SIGNATURE PAGE TO FOLLOW City of Oshkosh/GO Transit—Oshkosh Area School District Page 5 of 6 The City of Oshkosh hereby duly executes the Agreement the day of 2020. By: Mark A. Rohloff, City Manager By: Lynn A. Lorenson, City Attorney By: Pamela R. Ubrig, City Clerk Oshkosh Area School District (OASD) hereby duly executes this Agreement the day of , 2020. By: By: City of Oshkosh/GO Transit—Oshkosh Area School District Page 6 of 6