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UNIVERSITY OF WISCONSIN-OSHKOSHICITY 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.
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Year Minimum Amount Payment Due Date
2017 $65,000 December 1, 2017
2018 $65,000 December 1, 2018
2019 $65,000 December 1, 2019
2020 $65,000 December 1, 2020
2021 $65,000 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 Ridership Due Date Payment Due Date_
2017 March 1, 2018 December 1, 2018
2018 March 1, 2019 December 1, 2019
2019 March 1, 2020 December 1, 2020
2020 March 1, 2021 December 1, 2021
2021 March 1, 2022 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.
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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.
C4yvnn
OSHKOS CITY OF OSHKOSH
B By:
A. enson Mark A. Rohloff
City Attorney "" Cit Manager
By: _Y �C
Pamela R. Ubrig
City Clerk
The University of Wisconsin System (Oshkosh) hereby duly executed this Agreement
this 1�41 day of 4Aejtbe— _, 2016.
WITNESS: UNIVERSITY OF WISCONSIN (OSHKOSH)
By By its
Lori Worm
Vice Chancellor, Administrative Services