HomeMy WebLinkAboutGo Transit and FVTCCONTRACT BETWEEN
CITY OF OSHKOSH / GO TRANSIT
AND
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.
3. 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 servicelroutes 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
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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 parry'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
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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 termination 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.
SIGNATURE PAGE TO FOLLOW
City of Oshkosh/GO Transit — Fox Valley Technical College
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The City of Oshkosh hereby duly executes the Agreement the 14 day of December, 2019.
By: �a�/� pwt%--r�
Mark A. Rohloff, City Manager
By-��LA A,6,a
LyRft A. Lorenson, Ciry Attorney
Byc --
Pamela R. Ubrig, City Clerk
Fox Valley Technical College (FVTC) hereby duly executes this Agreement the day of
December, 2019.
z�i`�/)' /�.E'
Fox Valley
College
By:&.4w'
AssociateLVice President of Student
Services, Fox Valley Technical
College
City of Oshkosh/GO Transit — Fox Valley Technical College
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