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HomeMy WebLinkAbout13. 16-553 DECEMBER 13, 2016 16-553 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 DIVISION BE IT RESOLVED by the Common Council of the City of Oshkosh that the attached agreement with the University of Wisconsin-Oshkosh (UWO) for bus service for UWO ID card holders is hereby approved and the proper City officials are hereby authorized to execute and deliver the agreement in substantially the same form as attached hereto, any changes in the execution copy being deemed approved by their respective signatures, and said City officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreement. TO: Honorable Mayor and Members of the Common Council FROM: Jim Collins, Director of Transportation DATE: November 22, 2016 RE: Approve Renewal of Agreement for Bus Service with the University of Wisconsin - Oshkosh Back rg ound For 16 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 GO Transit 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. The current agreement, which expires December 31, 2016, scales the annual payment according to actual ridership, and includes a $55,000 minimum and a $75,000 maximum payment for budget planning purposes. Analysis The proposed agreement includes an increase to the annual payment to a $65,000 minimum and $85,000 maximum. The proposed agreement includes the same ridership -based incentive. Under the proposed agreement, the minimum payment ($65,000) is based on 81,250 annual rides with a payment of $.74 for each ride over the base. GO Transit has been averaging over 90,000 annual rides from the UW Oshkosh users over the past 4 years, so actual annual payment would be above the minimum if current ridership trends continue. The ridership incentive payment increases to $.80 for each ride over the base in the proposed agreement. Using 2015 UWO ridership data, GO Transit will see an 8% increase in revenue from the proposed agreement in 2017. The proposed agreement term is three years, 2017 through 2019, with two additional one-year renewal terms. The agreement includes 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. Fiscal Impact The revenues from this contract are included as a component of the system's overall farebox revenues. GO Transit anticipates an 8% increase in revenue from UWO, considering current ridership trends. City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 http://www.ci.oshkosh.wi.us Recommendation I recommend the Common Council approve this renewal of this agreement. Respectfully submitted, Jim Collins Director of Transportation Approved: Mark A. Rohloff City Manager UNIVERSITY OF WISCONSIN-OSHKOSH/CITY OF OSHKOSH TRANSIT CONTRACT 2017-2021 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, faculty, staff and alumni. 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. The term of this agreement shall be for three years beginning on the 1st day of January 2017, and extending to December 31, 2019. This agreement may be renewed by both parties for two additional 1 -year terms. Contract will automatically renew unless a 90 day notice of termination is given before the end of the initial or renewal term. The State of Wisconsin reserves the right to cancel any contract in whole or in part without penalty due to nonappropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract. 8. 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. Page 2 Year Minimum Amount 2017 $65,000 2018 $65,000 2019 $65,000 2020 $65,000 2021 $65,000 Pavment Due Date December 1, 2017 December 1, 2018 December 1, 2019 December 1, 2020 December 1, 2021 9. In addition, the University shall pay to the City an incentive payment based on ridership. The payment shall be $0.80 per rider in excess of 81,250 riders, as may be adjusted by paragraph 14 (below), in a given year. The University's service costs for a particular year shall not exceed $85,000. 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 2017 2018 2019 2020 2021 Ridership Due Date March 1, 2018 March 1, 2019 March 1, 2020 March 1, 2021 March 1, 2022 Pavment Due Date December 1, 2018 December 1, 2019 December 1, 2020 December 1, 2021 December 1, 2022 10. 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. 11. 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. 12. 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. Page 3 13. The City and the University agree to cooperatively establish administrative policies and procedures, which will effectively safeguard the interest of both parties. 14. 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. 15. The Contract may be amended immediately by mutual agreement between the University and the City. 16. Either party may terminate this agreement at any time upon 90 day written notice to the other party. 17. 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 2016. CITY OF OSHKOSH Lynn A. Lorenson City Attorney CITY OF OSHKOSH in Mark A. Rohloff City Manager Pamela R. Ubrig City Clerk The University of Wisconsin System (Oshkosh) hereby duly executed this Agreement this I day of AembleY , 2016. WITNESS: UNIVERSITY OF/WISCONSIN (OSHKOSH) By �`ti� By V ��. � L , Lori Worm Vice Chancellor, Administrative Services