Loading...
HomeMy WebLinkAbout11-542 DECEMBER 13, 2011 11-542 RESOLUTION (CARRIED__7-0____ LOST_______ LAID OVER_______ WITHDRAWN_______) PURPOSE: APPROVE RENEWAL OF AGREEMENT FOR BUS SERVICE WITH THE UNIVERSITY OF WISCONSIN-OSHKOSH INITIATED BY: TRANSPORTATION DEPARTMENT WHEREAS both the City of Oshkosh and the University of Wisconsin-Oshkosh wish to encourage the use of the City bus service by University students and staff; WHEREAS the City and the University have partnered for several years to allow those with university I.D. cards to ride Oshkosh Transit System buses for free; and WHEREAS the City and the University have found this arrangement to be mutually beneficial, NOW THEREFORE BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached agreement between the City of Oshkosh and the University of Wisconsin -Oshkosh for bus service is hereby approved and directed to enter into same. O.IHKO/H City of Oshkosh - Transportation Department ON THE WATER 926 Dempsey Trail, Oshkosh, WI 54902 (920) 232-5342 (920)232-5343 fax MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Christopher Strong, P.E., Director of Transportation DATE: December 6, 2011 RE: Approve Renewal of Agreement for Bus Service with the University of Wisconsin-Oshkosh Background For several years, the City has had an agreement with the University of Wisconsin-Oshkosh (UWO) which allows passengers with valid UWO ID cards, including faculty, staff and students, to ride Oshkosh Transit System buses for free. In turn, UWO has reimbursed the City on an annual basis for this service. This model is employed by many other cities where transit systems serve universities. Until 2008, the annual payment was pre-determined without consideration of actual ridership levels. The current agreement, which expires December 31, 2011, scales the payment according to actual ridership, and includes minimum and maximum payment levels for budget planning purposes. Analysis Under the current agreement, the transit system has experienced greater usage by UWO affiliated individuals than at any other time in the existence of this program, including one recent month with more than 10,000 rides counted. Because of the higher ridership levels, the City has been able to exceed the contracted minimum payment; however, ridership levels still have room for growth before the contracted maximum payment is reached. The proposed agreement follows the same format as the current agreement, with identical minimum and maximum payments levels, and the same ridership-based incentive. There are two primary changes to the contract. The first change is that this contract reflects a five-year framework, through 2016, which is generally the maximum allowed by the Federal Transit Administration for contracts. The second change is the addition of a no-fault termination clause. This type of language is typical in City contracts, and provides protection for both parties in the event of unforeseen circumstances. City of Oshkosh—Transportation Department 1 Approve Renewal of Agreement for Bus Service with UWO/December 6,2011 Fiscal Impact The revenues from this contract are included as a component of the system's overall farebox revenues. The payment terms are the same as the existing contract, so no net fiscal impact is anticipated. Recommendation I recommend the Common Council approve this renewal of this agreement. Respectfully submitted, Approved: /2 7;:tvAo:f-//t Christopher Strong, P.E. Mark A. Rohloff Director of Transportation City Manager City of Oshkosh—Transportation Department 2 UNIVERSITY OF WISCONSIN-OSHKOSH/CITY OF OSHKOSH TRANSIT CONTRACT 2012—2016 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 2012 $55,000 December 1, 2012 2013 $55,000 December 1, 2013 2014 $55,000 December 1, 2014 2015 $55,000 December 1, 2015 Page 2 2016 $55,000 December 1, 2016 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 2012 March 1, 2013 December 1, 2013 2013 March 1, 2014 December 1, 2014 2014 March 1, 2015 December 1, 2015 2015 March 1, 2016 December 1, 2016 2016 March 1, 2017 December 1, 2017 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. It is recognized that both parties to this agreement are governmental entities. Nothing in this agreement is intended to alter or reduce any statutory or other immunities or limits relating to governmental entities. 12. The City and the University agree to cooperatively establish administrative policies and procedures, which will effectively safeguard the interest of both parties. Page 3 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 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. Either party may terminate this agreement at any time upon 90 day written notice to the other party. 6. The term of this Agreement at the amounts stated in Item 7 shall be for calendar Deleted:15 year 2012 through the end of calendar year 2016. The final incentive payment (if any), as noted in paragraph 8, shall be due by December 31, 2017. I 7. The City warrants that is has the authority to enter into this Agreement and that ;Deleted:16 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 , Deleted:¶ 2011. IT CITY OF OSHKOSH CITY OF OSHKOSH By: By: Lynn A. Lorenson Mark A. Rohloff City Attorney City Manager By: Pamela R. Ubrig City Clerk The University of Wisconsin System (Oshkosh) hereby duly executed this Agreement this day of , 2011. WITNESS: UNIVERSITY OF WISCONSIN (OSHKOSH) By By Thomas G. Sonnleitner Vice Chancellor, Administrative Services