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HomeMy WebLinkAbouttransit contract 200-2011UNIVERSITY OF WISCONSIN- OSHKOSHICITY OF OSHKOSH TRANSIT CONTRACT 2009-2011 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 I.D. 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 I.D. 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 I.D. 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 I.D. 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 University disciplinary action. 5. 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. 6. The City shall provide its established and regularly publicized bus service and any additional bus service it may activate. 7. For all of the City bus services provided for herein, the University shall pay to the City a minimum total dollar amount and at the scheduled time periods as illustrated. The City shall invoice for each time period. Year Minimum Amount Payment Due Date 2009 $55,000 December 1, 2009 2010 $55,000 December 1, 2010 2011 $55,000 December 1, 2011 Page 2 8. In addition, the University shall pay to the City an incentive payment based on ridership. The payment shall be $0.74 per rider in excess of 2008 UWO ridership levels, as may be adjusted by paragraph 13 (below), in a given year. The University's service costs for a particular year shall not exceed $75,000. The City shall notify the University of any applicable incentive payment by March 1 of the year following the provision of service. Year of Service Ridership Due Date Payment Due Date 2009 March 1, 2010 December 1, 2010 2010 March 1, 2011 December 1, 2011 2011 March 1, 2012 December 1, 2012 9. 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 employees only, shall not constitute agents or employees of the University, and shall be subject solely to the City's supervision and control. 10. 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. 11. 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. 12. The City and the University agree to cooperatively establish administrative policies and procedures, which will effectively safeguard the interest of both parties. 13. 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 Page 3 valid, the minimum fee (in paragraph 7 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. 14. The Contract may be amended immediately by mutual agreement between the University and the City. 15. The term of this Agreement at the amounts stated in Item 7 shall be for calendar year 2009 through the end of calendar year 2011. The final incentive payment (if any), as noted in paragraph 8, shall be due by December 31, 2012. 16. 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 CITY OF OSHKOSH By: t y n A. Lor City Attorney Pamela R. U City Clerk The University o ==1 f Wim (Oshkosh) hereby duly executed this Agreement this day of 2008. WITNESS: UNIVERSITY OF WISCONSIN (OSHKOSH) By Thomas G. onnleitner Vice Chancellor, Administrative Services day of , 20o CITY OF OSHKOSH ff M rk A. Rohlo