HomeMy WebLinkAboutFox Valley Technical College/GoTransit CITY OF OSHKOSH
LEGAL DEPARTMENT
215 CHURCH AVENUE, P.O. BOX 1130, OSHKOSH, WI 54903-1130
PHONE: (920)236-5115 FAX(920)236-5106
LETTER OF TRANSMITTAL
To: Patricia Jorgensen Date: April 10, 2015
Fox Valley Technical College Pro�ect: N/A
PO Box 2277 From: Carol Marchant, Adm. Assistant
Appleton, WI 54912-2277 Re: Contract between City of Oshkosh Go
Attn: Transit & Fox Valley Technical
Please find: � Attached ❑ Under Separate Cover
❑ Copy of Letter � Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantit Descri tion
1 Si ned Contract between the Cit of Oshkosh/Go Transit and Fox Valle
Technical Colle e for Bus Service
These are being transmitted as indicated below:
❑ For Approval � For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
cc: City Clerk (original)
Transit (original)
City Attorney (copy)
CONTRACT BETWEEN
CITY OF OSHKOSH/GO TRANSIT
AND
FOX VALLEY TECHNICAL COLLEGE
This Agreement is by and between the City of Oshkosh(hereinafter referred to as the "City") and
the Fox Valley Technical College (hereinafter referred to as "FVTC").
FVTC wishes to encourage the use of City bus service by FVTC students. 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 FVTC Identification
Card as a bus pass to allow Program and Adult Basic Education students enrolled at
FVTC to utilize the City bus services.
2. FVTC agrees to establish appropriate procedures to assure that one and only one FVTC
Identification Card is distributed to each student enrolled at FVTC. The card must be
current with an expiration date and picture. If validation becomes a management issue,
the City and FVTC will mutually agree to an alternative to the FVTC Identification Card.
3. The FVTC Identification Card will be valid for transportation on all City bus routes when
shown by the students, at no additional charge as provided in this contract.
4. This agreement applies strictly to GO Transit's fixed route bus service and intercity route
service to Neenah (route 10). GO Transit's paratransit services are not part of this
agreement.
5. The FVTC 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.
6. For City bus services provided for herein, in 2015, the FVTC shall pay to the City $3,000
for April 1 through June 30 payable by June 30th, 2015 and $6,000 for July 1 through
December 31 St due by December 31 St, 2015. In subsequent years, FVTC shall pay to the
City $12,000 per fiscal year, $6000 will be invoiced in June (for January through June
service) and $6000 will be invoiced in December(for July through December service)
each year.
7. The City shall provide its established and regularly publicized bus service.
8. Additional bus service may be added if both the City and FVTC mutually agree based
upon ridership need. The City shall invoice FVTC for additional service/routes at an
agreed upon rate.
City of Oshkosh/GO Transit—Fox Valley Technical College
Page 1 of 4
9. The FVTC Identification Card shall be valid for transportation on all days during all
scheduled hours on all GO Transit buses.
10. The City will keep ridership records of FVTC Identification Card usage. The City will
provide quarterly ridership reports to FVTC. FVTC and the City will work cooperatively
to obtain and share any other information deemed necessary by either or both parties.
11. In providing and furnishing any of the aforementioned bus services, the City shall act as
an independent contractor, and FVTC shall not have, and shall not exercise any control
over the City's operation.
12. Individual student privileges may be revoked due to violations of the GO Transit Rider
Policy. GO Transit will make FVTC aware of the issues before actually revoking the
privilege.
13. It is understood that the administration, management, marketing and promotion of the bus
service program are the mutual responsibility of the City and FVTC. The City will work
with FVTC to develop a marketing plan and to market the bus service program.
14. Subject to any limitations contained in Secs. 893.80, 893.83, 345.05, and any similar
statute, of the Wisconsin Statutes,the indemnifying 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.
15. The City and the FVTC agree to cooperatively establish administrative policies and
procedures that will effectively safeguard the interest of both parties.
16. 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.
City of Oshkosh/GO Transit—Fox Valley Technical College
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17. Should the City or FVTC be unable to fulfill the requirements of this agreement because
of expected lack of funds, then either the City or FVTC may provide written notice of
such expected lack of funds upon thirty (30) days prior written notice and this agreement
shall be terminated.
18. If either FVTC 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.
19. All accounts shall be settled on a prorated basis in the event of termination of this
Agreement prior to its full term.
20. The term of this Agreement at the amounts stated in Item 6 shall be for the 2015 calendar
year from April 1 through December 31, 2015 with an option by mutual agreement of
FVTC and the City to renew each y subsequent four(4) years. If at any time during the
agreement, ridership exceeds the initial estimate of 7500 per 6 months by more than 20%;
both parties agree to revisit the contracted amount.
21. City warrants that it 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.
City of Oshkosh/GO Transit—Fox Valley Technical College
Page 3 of 4
.' . . ,
,
The City of Oshkosh hereby duly executes the Agreement the�day of � ,
2015.
By: ��"—�
Mark A. Rohloff, City Manager
I hereby certify that th�: necessary provisions !
have been made to pay the liability which will By. ,
accrue under this contract. . Lorenson, �t Atto ey
LL-��' � ��
City Comptroller By. _
Pamela R. Ubrig, City Clerk
t�The Fox Valley T chnical College (FVTC) hereby duly e ecutes this Agreement the
3� " day of �Ow-� �� , 2015.
Witness: By: ��
Printed Name: _ D usan A. May �,-
resident, Fox Valley Tec ' 1 College
;� ,��
Witness: By:- ` �Ja'"�` �--
Printed Name: ` ;� Patti orgensen
Vice President of Stu and Community
Development, Fox Valley Technical College
City of Oshkosh/GO Transit—Fox Valley Technical College
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