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JANUARY 11, 2005
05-04
RESOLUTION
(CARRIED 6-1 P LOST
LAID OVER
WITHDRAWN
PURPOSE:
APPROVE AGREEMENT FOR BUS SERVICE WITH THE
UNIVERSITY OF WISCONSIN - OSHKOSH
INITIATED BY:
TRANSPORTATION DEPARTMENT
WHEREAS, the City of Oshkosh Transportation Department has recommended
approval of the above agreement;
(Agreement Attached)
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the agreement between the City of Oshkosh and the University of
Wisconsin - Oshkosh for bus service is hereby approved and directed to enter into
same.
UNIVERSITY OF WISCONSIN-OSHKOSH/CITY OF OSHKOSH
TRANSIT CONTRACT
2006 - 2008
This agreement is by and between the City of Oshkosh (hereinafter referred to as the
"City") and the University of Wisconsin System (UW-Oshkosh) (hereinafter referred to
as the "University").
The University wishes to encourage the use of the City bus service by University
students and staff. 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 student/faculty
photo 1.0. as a bus pass to allow students and staff to utilize the City bus service.
2.
The University agrees to establish appropriate procedures to assure that one and
only one photo 1.0. card is distributed to each student enrolled at the University
and each staff member. If validation becomes a management issue, the City and
the University will mutually agree to an alternative.
3.
The student/faculty photo 1.0. will be valid for transportation on all City bus
routes, including the Oshkosh-Neenah route, when shown by the students and
staff, at no additional charge as provided elsewhere in this contract.
4.
The student/faculty photo I.D. 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 a person's photo 1.0. is forfeited, it will
be returned immediately to the University. Any person violating these terms or
conditions may be subject to prosecution by the City and/or the University
disciplinary action.
5.
For all of the City bus services provided for herein, the University shall pay to the
City a total dollar amount and at the scheduled time periods as illustrated. The
City shall invoice for each time period.
Year
Total Amount
Payment Due Date
2006
2007
2008
$35,000
$35,000
$35,000
December 1 , 2006
December 1 , 2007
December 1 , 2008
6.
The City shall provide its established and regularly publicized bus service and
any additional bus service it may activate.
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7.
8.
9.
10.
11.
12.
13.
The City shall maintain ridership figures for all trips taken with the student/faculty
photo I.D. and provide such to the University as needed.
In providing and furnishing any of the aforementioned bus services, the City shall
act as an independent contractor, and the University shall not have, and shall not
exercise any control over the City's operation in connection with providing bus
service, and the University shall not have, and shall not exercise any control or
supervision whatever over the drivers of the buses used in said service, who
shall be employed by the City, shall constitute the City's employee's only, shall
not constitute agents or employee's of the University, and shall be subject solely
to the City's supervision and control.
It is understood that the administration, management, marketing and promotion
of the bus service program are the primary responsibility of the City. The City will
work with the University to develop a marketing plan and to market the bus
service program. The University shall cooperate in all marketing activities to
promote usage of the City bus system.
Each party to this contract agrees to assume liability for the wrongful acts or
omissions of its employees or agents while they are functioning within the scope
of their employment or agency, and hold the other party harmless for such
liability. Each party further agrees to maintain adequate insurance coverage for
such liability either through commercial insurance or statutory self-insurance
coverage, or for political subdivisions of the State of Wisconsin pursuant to sec.
895.46, Stats. Each party agrees to provide the other party a certificate of
insurance or coverage documenting such coverage.
The City and the University agree to cooperatively establish administrative
policies and procedures, which will effectively safeguard the interest of both
parties.
The City shall not be in default of any provision of the Agreement for failure to
perform where such failure is due solely to 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. In the
event that service is substantially disrupted by strikes and/or walkouts for a
period in excess of one (1) days (24 hours) during the period in which service is
valid, the set fee (in paragraph 5 above) owed by the University shall be reduced
by the prorated daily amount of the value for the semester back to the first day of
service disruption. If the entire fee has been paid by the University, the City
agrees to refund such prorated amount.
The Contract may be amended immediately by mutual agreement between the
University and the City.
Page 3
14.
The term of this Agreement at the amounts stated in Item 5 shall be for calendar
year 2006 through the end of calendar year 2008.
15.
The City warrants that is has the authority to enter into this Agreement and that
any approval required of and by the City of Oshkosh have been obtained are
valid for the full term of this Agreement.
The City of Oshkosh hereby duly executes the Agreement this _day of
2005.
CITY OF OSHKOSH
CITY OF OSHKOSH
By:
By:
Lynn A. Lorenson
Assistant City Attorney
Richard A. Wollangk
City Manager
By:
Pamela R. Ubrig
City Clerk
The Chancellor of the University of Wisconsin System (Oshkosh) hereby duly executed
this Agreement this day of , 2005.
By
UNIVERSITY OF WISCONSIN (OSHKOSH)
By
WITNESS:
Richard H. Wells
Chancellor