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Home My WebLink AboutFVTC/GO TransitREVISED CONTRACT BETWEEN CITY OF OSHKOSH / GO TRANSIT AND FOX VALLEYTECHNICALCOLLEGE Whereas, the City of Oshkosh and Fox Valley Techuical College previously en[ered into an Agreement fo� [he use of City bus service by FVTC students dated Ap�il l, 2015; and Whereas, the parties had agreed to review the ageemen[ based upon actual ridership; and Whereas, it is necessary to amend the terms of [he Ageement based upon the actual ridership for the program and to clarify requirements related to proof of cunent semester enrollment; and Wheceas, the parties have agreed that this Revised Agreement shall replace the original agreement of the parties and that the original agreement shall be of no more force and efl�ect upon the executio� of this Revised Agreemeot. Now, Therefore the Parties agree as follows: This Agreement is by and be[ween [he City of Oshkosh (heceinafter refeaed to as the "City") and the Fox Valley Technical College (hereinafter referred to as "FVTC"). FVTC wishes [o encourage the use of City bus service by FVTC students. In exchange for the mutual consideration stated below, [he parties agree as follows: l. Duriug the term of this Agreement, [he City agrees to honor the FVTC Identification Cazd with current semester sticker 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 tha[ oce and only one FVTC Identifica[ion Card is distribu[ed to each studen[ enrolled at FVTC. The cazd must be curren[ wi[h an expira[ion da[e and pic[ure. If validation becomes a management issue, the Ciry and FVTC will mutually agree to an alternative [o the FVTC Iden[ification Cazd. 3. The FVTC Iden[ification Card wi[h current semester sticke� wil] be valid for transporta[ion on all City bus rou[es when shown by the students, at no addi[ional charge as provided in this contract. 4. This agreement applies strictly to GO TransiPs fixed rou[e bus service and interciry route service to Neenah (Route 10). GO TransiYs pazatransit se�vices aze not par[ of this agreement. 5. The FVTC Identifica[ion Cazd is not transferable and no[ for resale and shall be forfei[ed and confiscated if misused or presented for [ranspor[ation by any person other [han the person [o whom issued. City of Oshkosh/GO Transi[ — Fox Valley Technical College Page I of4 6. For City bus services provided for herein, in 2015, FVTC shall pay to the Ciry $14,500 for July 1 through December 31 payable by December 31 st, 2015. In subsequent years, FVTC shall pay to the City $29,000 per fiscal year, $14,500 will be invoiced in June (foc January through June service) and $14,500 will be invoiced in December (for 7uly tivough December service) each year 7. The Ciry shall provide its established aod 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 �ate. 9. The FVTC Identification Card sk�all be valid for transporta[ion on all days during all scheduled hours on all GO Transit buses. 10. The City will keep ridership rewrds of FVTC Identification Cazd asage. The Ciry will provide quarterly ridership reports to FVTC. FVTC and the City will work cooperatively to obtain and shaze any other i�formation deemed necessary by either or both parties. 1 l. In providing and fumishing any of [he aforementioned bus services, the Ciry shal] act as an independen[ wntractor, and FVTC shall not have, and shall no[ exercise any wntrol over the City's operation. 12. Individual studen[ privileges may be revoked due to violations of the GO Transit Rider Policy. GO Transit will make FV'IC aware of the issues before ac[ually revoking the privilege. 13. It is understood that the administratioq management, marketing and promo[ion of the bus service program are the mutual responsibility of the CiTy and FVTC. The CiTy will work with FVTC to develop a mazketing plao and to mazket the bus service pmgcam. 14. Subjec[ [o any ]imitations contained in Secs. 893.80, 893.83, 345.05, and any similar statu[e, of the Wisconsin Statutes, the indemnifying party agrees to hold the o[her party, the othec party's officers, officials, employees and agents harznless from any and all liabiliry, including claims, demands, losses, costs, damages, and expeoses of every kind and description (including death), or damages to person o� 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 pariies to this Agceement [hat each party shal] 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 [o rely upon [he municipal limitations and immuoi[ies available under Wisconsin law, City ofOshkosh/GO Transi[— Fox Valley Technical College Page 2 of 4 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 [o govem all disputes, contractual or otherwise, as they apply to [he parties, their agents, officers and employees. I5. The Ciry and the FVTC agree ro coopeiatively establish administrative policies and procedures that will effectively safeguard the interest of bo[h parties. 16. The City shall not be in default of any ptovision of the Ageement foi failure to perfortn where such failure is due solely to strikes, walkou[s, civil insurrections or disorders, orders of civil authorities, shortages of mo[or fuel or equipment, acts of God, or for any other cause or caused beyond the wntrol of the Ciry. 17. Should the City or FVTC be unable to fulfill the requirements of this ageement because of expected lack of funds, then either the Ciry or FVTC may provide wdtten notice of such expected lack of funds upon thirty (30) days prior written notice and [his agreemen[ shall be terminated. 18. If eithec FVTC or the City reasouably believes that this Agreement has been bteached, then written noti5cation of the alleged breach shall be delivered to the other party. My parly in breach shall have thirty (30) days from the date of the Notice [o cure any ac[ual breach; provided, however, that if the breach cannot be reasonably cured within a[hirty (30) day period, the party shall not be deemed to be in default as bng as the party commences the cure within the thiRy (30) day period and diligently pursues [he cure to its completion. 19. All accounts shall be settled o� a prorated basis in the event of termination of this Agreement prior to its full tertn. 20. The term of this Agreement at the amowts stated in I[em 6 shall be for the 2015 calendar year from April 1 through December 31, 2015 wi[h an option by mutual agreement of FVTC a�d the City m reuew each subsequent four (4) yeazs. If at any time doring the agreement, ridership exceeds the initial estimate of 22,000 per 6 months by more than 20%; both parties agree to revisit the contracted amount. 2 L City warrants that it has Ihe authority to enter in[o 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'Iransit—Fox Valley Technical College Page 3 of 4 .M �� ' The City of Oshkosh hereby duly executes the Agreement the i% day oi ��, 2015. � ( By: /�/��/i�y�AW�/i _ Mark . Rohloff, City Manager By: Lynn A. Loiensou, City Attomey C By � ��-�� Pamela R. Ubrig, Ciry Cler The Fox Valley Technical College (FVTC) hereby duly executes this Agreement the � %�� day of NOIiC`nb�i , 2015. Witness � �✓/� Printed Name: /i�/ Nru.�XS Witness � Printed Name: L r<c..6�S By: � Dr. san A. May P sident, Fox Valley Techni ollege �� By: Patti orgensen Vice President of Stud and Community Developmen[, Fox Valley Technical College Ciry ofOshkosh/GO Tnnsit- Fox Valley Technical College Page 4 of 4