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HomeMy WebLinkAboutContract Go Transit and Oshkosh Area School District 39 -7q RECEIVED JUN 0 4 2020 CONTRACT BETWEEN CITY OF OSHKOSH/ GO TRANSIT CITY CLERK'S OFFICE AND C0A 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 September 1, 2020 through August 31, 2022. 2. During the term of this Agreement, the City agrees to honor current OASD Picture Identification Cards and all valid identification cards from private schools located within the OASD boundary 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 for the current school year with a picture once identification cards has been issued. 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 July 15, 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 August 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 July 15, 2021, this Agreement shall be terminated and neither City nor OASD shall have any rights or obligations hereunder. ii. The City shall issue on invoice to OASD for $33,500 to be provided by OASD on or about August 1, 2021. OASD shall pay the invoice within 30 days of the date of invoice. c. Subsequent Year Funding After August 31, 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 August 31, 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 OASD 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 OASD Identification Card usage and usage by private school students. The City will provide quarterly ridership reports to OASD. 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 OASD believes is subject to Wisconsin Statutes Section 118.125, et seq.The OASD will provide the City with a copy of its annual report that is also being provided to the OASD Board of Education. This report will City of Oshkosh/GO Transit—Oshkosh Area School District Page 3 of 6 include statistics on relevant impacts of free transportation, e.g. truancy, absenteeism rate. 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. City of Oshkosh/GO Transit—Oshkosh Area School District Page 4 of 6 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 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 Cityof Oshkosh herebydulyexecutes the Agreement the dayof g 2020. By: Mar A. Rohloff, City Manager Lynn A. Lorenson, City Attorney By: Pamela R. Ubrig, City lerk Oshkosh Area School District (OASD) hereby duly executes this Agreement the aC 7 74 day of I'l Q y , 2020. By0 Vickie Cartwright, Su _la tendent City of Oshkosh/GO Transit—Oshkosh Area School District Page 6 of 6