HomeMy WebLinkAbout28. 20-490 DECEMBER 8, 2020 20-490 RESOLUTION
(CARRIED 7-0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVE AMENDMENT TO TRANSPORTATION AGREEMENT
WITH OSHKOSH AREA SCHOOL DISTRICT FOR STUDENT
TRANSPORTATION
INITIATED BY: CITY ADMINISTRATION
WHEREAS,the Oshkosh Area School District and the City of Oshkosh previously
entered into an Agreement for the provision of free transit services to students within the
Oshkosh School District boundaries from July 1, 2020-June 30, 2022; and
WHEREAS, the outbreak of the COVID-19 pandemic caused public and private
schools to modify class schedules and format and provide virtual schooling for students
as well as limiting student use of transportation services for school as well as other
purposes; and
WHEREAS, the outbreak of the COVID-19 pandemic has limited private fund
raising in relation to this Agreement; and
WHEREAS,the City is eligible for CARES Act funding for Transportation Services
that may be applied for 2020 to reduce the impact of the loss of transportation funding;
and
WHEREAS,it is beneficial to amend and extend the original Agreement to account
for the impacts of the pandemic.
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
attached Amendment #1 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.
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Oshkosh
TO: Honorable Mayor and Members of the Common Council
FROM: Mark A. Rohloff, City Manager
DATE: December 4, 2020
RE: Approve Amendment to Transportation Agreement with Oshkosh Area
School District for Student Transportation
BACKGROUND
Earlier this year, the City of Oshkosh and the Oshkosh Area School District (OASD)
entered into an agreement whereby the City would provide free bus transportation for
all students in the Oshkosh Area School District, including students from private schools
within the district. The Common Council ultimately approved this agreement for two
years. The estimated cost of this program was $93,500, of which OASD would contribute
$33,500 annually, with OASD also responsible for raising private funds of $30,000
annually. The remaining $30,000 balance would be assumed by the City through its
Transit Fund reserves for a two-year period. The agreement stated that after the two
years, OASD would be responsible for the entire cost of this program.
The COVID pandemic has prevented this program from taking off as initially planned.
Transportation Department staff projects that there will be a 70% reduction in student
ridership for the 2020-21 school year. The private donors have questioned the value of
their investment with such low ridership. Councilmember Mugerauer approached OASD
leadership and asked if there was interest in revising this agreement back to a 3 year term
due to the current circumstances. Following that discussion, Councilmember Mugerauer
brought this to the attention of Council, who asked that I develop a plan to find an
alternate way to fund this program for the current school year and extend the agreement
to three years.
ANALYSIS
Staff looked at this situation from the perspective that had the current agreement not been
reached with OASD, the city would have experienced the same 70% reduction in
ridership due to the COVID pandemic. In that case, the city would have used Federal
CARES funds to address the shortfall, regardless. With this in mind, staff asked OASD if
they would be willing to fund the agreement for a third year, which is what they had
proposed initially. In this case, OASD would be funding this program at $33,500 annually
for 3 years. With OASD already having funded $33,500 for the current school year, city
staff determined that we could use $60,000 in CARES funding to make up for the
remaining lost revenue that the Transit Fund would experience due to COVID.
With the above formula providing funding for 2020-21, staff determined that we could
apply the $30,000 in private donations to the 2021-22 school year, and create the same
funding formula for the 2022-23 school year. By applying the $30,000 in private funds
already received into the next school year, this would also give DASD and private
fundraisers another full year to raise the remaining $30,000 in private funds.
I approached OASD Superintendent Vickie Cartwright, and she agreed that this revised
funding arrangement would work for OASD. Superintendent Cartwright brought this
proposal to the school board at the December 2, 2020 school board meeting, at which it
was approved.
City Attorney Lorenson has prepared the attached amendment to the agreement to reflect
the above referenced terms. This would extend the agreement through August 31, 2023.
Given the circumstances presented to our community by the COVID pandemic, staff
believes that this amendment reflects Council's intent when they initially proposed this
agreement. Staff recommends adoption of the amendment as proposed.
Respectfully submitted,
Mark A Rohloff
City Manager
AMENDMENT #1
TO
CONTRACT BETWEEN
CITY OF OSHKOSH / GO TRANSIT
AND
OSHKOSH AREA SCHOOL DISTRICT
FOR TRANSIT SERVICES TO STUDENTS
Whereas, the Oshkosh Area School District (hereinafter referred to as "OASD") and the
City of Oshkosh (hereinafter referred to as the "City") previously entered into an
Agreement for the provision of free transit services to OASD students within the Oshkosh
area and private school students who currently attend private schools within the OASD
boundaries from July 1, 2020-June 30, 2022(hereinafter referred to as "the Agreement");
and
Whereas, the outbreak of the COVID-19 pandemic caused public and private schools to
modify class schedules and format and provide virtual schooling for students as well as
limiting student use of transportation services for school as well as other purposes; and
Whereas, the outbreak of the COVID-19 pandemic has limited private fund raising in
relation to this Agreement; and
Whereas, the City is eligible for CARES Act funding for Transportation Services that may
be applied for 2020 to reduce the impact of the loss of transportation funding; and
Whereas, City and OASD mutually agree it is beneficial to amend and extend the original
Agreement to account for the impacts of the pandemic.
In exchange for the mutual consideration, the Parties agree as follows:
That Paragraph 1 of the Agreement pertaining to Term shall be amended to read as
follows:
1. Term. The term of this Agreement shall be from September 1, 2020 through
August 31, 2023.
City of Oshkosh/GO Transit — Oshkosh Area School District
Page 1 of 4
That Paragraph 4 of the Agreement pertaining to Term shall be amended to read as
follows:
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 term of this contract, this $93,500.00 will be replaced by funding received
from the City, OASD and private funding as follows:
a. 2020-2021 Funding
i. $30,000.00 in private funding was paid to the City for the 2020-2021 year
services. Under this Amendment the City will retain the private funding
but this private funding payment shall be applied for the 2021-2022 year
services.
ii. OASD has paid to the City $33,500.00 for 2020-2021 year services.
iii. City shall fund through CARES Act Funding or other means $60,000.00 for
the 2020-2021 services.
b. 2021-2022 Funding
i. The $30,000.00 in private funding currently held by the City under
paragraph a. above shall be applied to the 2021-22 school year services.
ii. The City shall issue an invoice to OASD on or about June 1, 2021 for the
$33,500.00 for 2021-2022 school year services. OASD shall pay the invoice
within 30 days of the date of invoice.
c. 2022-2023 Funding
i. Prior to June 1st, 2022 it is anticipated that $30,000.00 for the 2022-23 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, 2022, this Agreement shall be
terminated and neither City nor OASD shall have any rights or obligations
hereunder.
ii. Upon payment $30,000.00 for 2022-23 school year services to be provided
by private funding, the City shall issue an invoice to OASD on or about June
1, 2021 for the $33,500.00 for 2022-2023 school year services. OASD shall
pay the invoice within 30 days of the date of invoice.
City of Oshkosh/GO Transit — Oshkosh Area School District
Page 2 of 4
d. Subsequent Year Funding
After June 30, 2023, 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, 2023, the City shall have no further financial responsibility to
participate in this program.
Except as specifically modified by this Amendment #1, all other terms and conditions of
the Agreement shall remain unaltered by this Amendment and in full force and effect.
The City of Oshkosh hereby duly executes the Agreement the day of December,
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 December, 2020.
By:
Vickie Cartwright, Superintendent
City of Oshkosh/GO Transit — Oshkosh Area School District
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City of Oshkosh/GO Transit — Oshkosh Area School District
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