HomeMy WebLinkAboutDepartment of Transportation Grant Agreement • , 5Z• RECEIVED
DocuSign Envelope ID:939337AA-B772-4182-AF09-B5BA2503B62C
DocuSign Envelope ID:851CB700-7933-490C-8617-AC81F8E77B94 JUN 2 9 2021 i tia30
�SOQNs��1, CITY CLERK'S OFFICE
* * Wis. Stats. 85.20 (State ID:395.17600)
Urban Mass Transit Assistance - Operating
cr2021 Program Grant Agreement
City of Oshkosh
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Grant Agreement
Information and Signature Page
Parties to the Agreement:
This Grant Agreement is made by and between the State of Wisconsin Department of
Transportation ("the Department")and the Cityof Oshkosh ("the Recipient") that operates a
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public mass transit system ("Transit System").
Citation: Federal, State Statute, State Admin Code:
The Department agrees to provide financial assistance with program monies made available in
accordance with the terms and conditions of this Grant Agreement and the provisions of the
Recipient's 2020 Public Transit Assistance Program application for funding assistance,which is .
made part of this Grant Agreement by reference.
Period of Performance: Award Maximum:
January 1, 2021,through December 31, As specified on Attachment A to this
2021 agreement,the Department agrees to pay ; I
Recipient an amount not to exceed
$1,130,776.
This Grant Agreement shall become effective upon its complete execution by the
Recipient and the Department.
RECIPIENT STATE OF WISCONSIN -
(Please attach additional signatures on a DEPARTMENT OF TRANSPORTATION
separate sheet,if required by local regulations) Division of Transportation Investment Management
4822 Madison Yards Way,6th Floor South
P.O. Box 7913
Madison,WI 53707-7913
—DocuSlgned by:
Ian Ritz
Signature: Signature: 1,aAcacdaruaatsb_.
Name: Name: Ian Ritz
Title: _ SEE SIGNATURE PACE Title: Transit Section Chief
6/28/2021
Date: Date: i
Contact: Contact: (608)266-0189
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Wis.Stats. 85.20 (State ID: 395.17600)
Urban Mass Transit Assistance- Operating I
2021 Program Grant Agreement
City of Oshkosh
I I
Grant Agreement
Outline
Section I: RESPONSIBILITIES OF THE DEPARTMENT
A general statement of the Department's responsibilities to the Recipient.
Section II: RESPONSIBILITIES OF THE RECIPIENT
Statements concerning the Recipient's various responsibilities under this
Grant Agreement, including (but not limited to) record-keeping
requirements, procurement instructions, and reporting requirements to
the Department.
Section III: ACCOUNTING, RECORDS,AND AUDIT
Statements concerning the Recipients various responsibilities under this
Grant Agreement, including (but not limited to)financial accounting and
record-keeping requirements, record maintenance and reporting
requirements, and audit procedures.
Section IV: TERMINATION OF AGREEMENT
Statements concerning various ways this Grant Agreement may be I I
terminated.
Section V: ADDITIONAL DOCUMENTS
A list of documents that are part of this Grant Agreement, including;
Incorporated Documents,which are part of this Grant Agreement by
reference(but are not physically included in this Grant Agreement); and
Attached Documents,which are included with and part of this Grant
Agreement,
The Recipient must review each additional document and initial that
the Recipient has reviewed and understands the content and
responsibilities included in the additional documents.
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* * Wis. Stets. 85.20 (State ID: 395.17600)
n Urban Mass Transit Assistance -Operating
2021 Program Grant Agreement
City of Oshkosh
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Grant Agreement
Main Provisions
Section 1: RESPONSIBILITIES OF THE DEPARTMENT
A. The Department agrees to remit payment to the Recipient in accordance with
appropriate statutes, administrative rules, program grant application, and program
materials.
Section II: RESPONSIBILITIES OF THE RECIPIENT
A. The Recipient is responsible for submitting all program reports, invoices, or other
required documents as outlined in the program application in the manner and form as
prescribed by the Department.The Department may withhold any and all payments to
the Recipient if program reports, invoices, and other required documents are not filed in
the manner and form as prescribed by the Department.
B. The Recipient agrees to pay the total operating deficit of the Transit System as its bills
become due. If the Recipient contracts for mass transit service with a privately-owned
company,the Recipient shall pay the privately-owned company in accordance with
actual monthly operating expenses.
C. The Recipient shall require the Transit System to provide reduced-fare programs for
elderly and handicapped persons during nonpeak hours, and shall ensure compliance
with that requirement. Such reduced fares may not exceed one-half of the full adult
cash fare applicable during peak hours of operation.This requirement is not applicable
if the Transit System is a shared-ride taxi system.
. D. The Recipient agrees to carry out the project as outlined in its approved application. If
the Recipient determines that changes to approved projects are necessary,written
approval from the Department must be received before the Recipient may proceed.
E. The Recipient shall require the Transit System to determine "total passenger trips" taken
during the calendar year in accordance with the procedures set forth in Ch.Trans 3,Wis.
Admin.Code, and with the provisions of the Transit Management Plan contained in the
Recipient's 2021 application for operating assistance which is made part of this Contract
by reference, and shall ensure compliance with that requirement.
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Wis. Stats. 85.20 (State ID: 395.17600)
Urban Mass Transit Assistance -Operating
2021 Program Grant Agreement
City of Oshkosh
‘1*OF-rfaxtf)
F. The Recipient may not assume expenditures outside the Period of Performance of this
Grant Agreement unless the Recipient has sought prior written approval from the
Department and has received that approval from the Department.
G. The Recipient may not use program monies to purchase service from or make sub-
grants to any third party without a contract, agreement, or purchase-of-service order,
and must follow Department procedures and approval process. Third-party contracts,
agreements, or purchase-of-service orders shall be available for inspection by the
Department, its officials, employees or designees upon request.
H. If applicable,the Recipient will make payments to third-party contractors within 30 days
of Recipient's receipt of invoice.
I. All materials, equipment, and supplies acquired through this Grant Agreement by the
Recipient must comply fully with all safety requirements as set forth in law or rule by the
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State of Wisconsin, and with all applicable OSHA Standards. I I
J. The Recipient shall, if other local public bodies contribute assistance to the operation of
the Transit System, allocate the state aids received under this Contract among the
contributors in proportion to their contributions as shown in Attachment A.
Section HI: ACCOUNTING, RECORDS, AND AUDITS
A. The Recipient shall have a single, organization-wide financial and compliance audit
performed by a qualified independent auditor, if required to do so under federal law
and regulations.This audit shall be performed in accordance with federal Office of
Management and Budget (OMB) Super Circular 2 CFR Part 200 and state single audit
guidelines issued by the Wisconsin Department of Administration. Upon notice of any
findings from this audit that involve the use of program funds,the Recipient shall inform
the Department.
B. The Recipient shall submit a year-end statement of expenses and revenues to the
Department by the requested date.
C. All costs charged to this Grant Agreement shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers indicating the purpose of the
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* * Wis. Stets. 85.20 (State ID:395.17600)
Transit Assistance - Operating
Urban Mass
2021 Program Grant Agreement
City of Oshkosh
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charges.The Recipient, any Recipients, contractors, subcontractors, and their affiliates
shall maintain all documents and evidence pertaining to revenues, expenses, and cost
allocations related to this Grant Agreement. The Recipient shall be responsible for
insuring the compliance of all Recipients,contractors, subcontractors, and affiliates with
this provision.
D. The accounts and records as required above shall be retained until the Department
completes its final audit and shall be available upon request by the Department or its
designee for inspection and audit purposes.
E. The Recipient shall permit the Department or their designee access to inspect all
vehicles,facilities, and equipment acquired or used as part of the project; all
transportation services rendered by the Recipient by the use of such vehicles,facilities,
and equipment;and all relevant project data, documents, and records.
Section IV: TERMINATION OF AGREEMENT
A. The Department may terminate this Grant Agreement at any time that the Secretary of
the Department of Transportation determines that the Recipient, lessee, or any third-
party contractor has failed to perform in the manner called for in the Grant Agreement,
or has failed to fulfill contract obligations. Failure of the Recipient or any third-party
contractor to comply with the terms and conditions of this Grant Agreement shall be
considered cause for termination.
B. The Recipient may terminate this Grant Agreement upon receipt of a written,formal
request by the Department at least 30 calendar days prior to the proposed termination
date.
C. In the event that this Grant Agreement is terminated,the Department shall be liable only
for payment of Attachment A of this Grant agreement for services rendered before the
effective date of termination, not to exceed 60% of the total operating costs.
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* * Wis. Stets. 85.20 (State ID: 395.17600)
Urban Mass Transit Assistance - Operating
2021 Program Grant Agreement
At;
City of Oshkosh
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Section V: ADDITIONAL DOCUMENTS
Initial next to each item to indicate that you understand both the content and your
responsibilities according to each document.
A. Attached Documents
The following documents have been included with this Grant Agreement and are made
part of this Grant Agreement—review each document and initial that you understand
DS both the content and your responsibilities under each:
ritar(At
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1. Program-Specific Requirements
rDS
Auty(fit 2.Attachment A: Schedule of Payments
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Wis.Stats. 85.20 (State ID: 395.17600)
tr p Urban Mass Transit Assistance - Operating
¢ 2021 Program Grant Agreement
City of Oshkosh
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Program-Specific Requirements
Wis. Stats. 85.20—Tier B Systems
Section I: PROJECT REQUIREMENTS
A. The Department agrees to pay the lesser of:
1. The Grant Agreement maximum, as identified on the Information and Signature
page.
2. The nonfederal share of the Recipient's audited operating deficit.
3. Five times the amount of the Recipient's local contribution as defined under sec.
85.20(4m)(b),Wis. Stats. This provision does not apply if the Transit System is a
shared-ride taxi system.
The Department shall determine the Transit System's operating expenses and operating
deficit. Such determinations by the Department shall be made in accordance with
generally accepted accounting principles and practices. The allowable federal share of
the operating deficit will also be determined by the Department.
This Grant Agreement will be amended to reduce state payments if sufficient funds are
not made available under sec. 20.395,Wis. Stats.
B. The Recipient shall file quarterly reimbursement and performance measures reports
within 30 days of the close of the reporting period. Other special reports may also be
required by the Department.The Recipient assures that all reports will be submitted in a
manner and form prescribed by the Department.
C. Payments from The Department to the Recipient shall be made in accordance with
Attachment A,subject to the maximum payment listed on the Information and
Signature page of this Grant Agreement.
D. During the audit process, an adjustment of payments will be made based upon the year-
end financial statement submitted by the Recipient. The year-end financial statement
shall reflect the operating revenues and expenses incurred by the Transit System for the
Period of Performance after the books for that year have been closed.
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Wis.Stats. 85.20 (State ID:395.17600)
p Urban Mass Transit Assistance - Operating
2021 Program Grant Agreement
City of Oshkosh
OFTVIN
E. if the Department's audit establishes that payment to the Recipient under the terms of
this Grant Agreement has exceeded the allowable maximum as started on the
Information and Signature Page,the Recipient shall refund to the Department upon
demand a sum sufficient to reduce the payment to comply with the maximum allowed
on the Information and Signature Page of this Grant Agreement.
F. The Department may withhold any and all payments due and owing the Recipient if the
Recipient has not filed any report required as noted above, until such time as the report
is filed in the manner and form prescribed.
G. The Recipient shall send to the Department all contracts between the Recipient and any
third party vendor receiving funds under this agreement. The Department shall review
such contracts and determine their conformance with the provisions of this agreement.
H. If the Recipient contracts for transportation service with a third party, the Recipient shall
pay the third party in accordance with actual monthly operating deficit.The Recipient
may reduce payments to the third party by an amount equal to any overpayments made
to the third party under this Grant Agreement.
I. The Recipient agrees that the Transit System will be managed and operated in
accordance with the provisions of the Transit Management Plan contained in the
Recipient's 2021 application for operating assistance and that the full application is
made part of this Grant Agreement by reference. Modifications to the 2021 Transit
Management Plan may be proposed by either the Recipient or the Department.
J. A request by the Recipient to modify the 2021 Transit Management Plan must be
submitted in writing to the Department in a manner prescribed by the Department, and
must be received by the Department at least 14 calendar days prior to the planned
implementation date of the proposed change.
K. If the Department determines that a proposed modification is a "substantive change"to
the 2021 Transit Management Plan, and the Department approves such a "substantive
change,"the Department shall prepare an amendment to this Grant Agreement and
forward it to the Recipient for execution. The Recipient shall not implement a proposed
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Wis. Stats. 85.20 (State ID: 395.17600) •
Urban Mass Transit Assistance -Operating
%.441 2021 Program Grant Agreement
City of Oshkosh
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"substantive change" to the 2021 Transit Management Plan until an appropriate
amendment to this Grant Agreement has been executed.
L. If the Department determines that a proposed modification to the 2021 Transit
Management Plan is a "non-substantive change," the Department shall authorize the
Recipient to implement the change,and a formal amendment to this Grant Agreement
shall not be required.
M. A request by the Department to modify the 2021 Transit Management Plan must be
submitted in writing to the Recipient at least 28 calendar days prior to the planned
implementation date of the proposed change. Within 21 calendar days of receipt Of
such a request,the Recipient shall respond to the Department's request. If the Recipient
agrees to the Department's request,then this Grant Agreement will be modified
accordingly and the change implemented.
N. WisDOT Contact: •
Title: Program Manager for Public Transit
Address: Attn: Kevin Lange, 5311 Program Manager
4822 Madison Yards Way, 6th Floor South
P.O. Box 7913
Madison,WI 53707-7913
Contact: (608) 266-2365 kevin.lange@dot.wi.gov
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Wis. Stats. 85.20 (State ID: 395.17600)
p Urban Mass Transit Assistance - Operating
2021 Program Grant Agreement
City of Oshkosh
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Attachment A: Schedule of Payments
Wis. Stats. 85.20 — Urban Mass Transit Assistance
A. Award Details:
Total Budgeted Expenses $5,272,167
Total Anticipated Revenues - $1,044,200
Total Anticipated Net Deficit = $4,227,967
5307 Grant Allotment TBD
85.20 State Assistance $1,130,776
Note: Actual expenses and revenues will determine the local contribution.
B. Schedule of Payments:
Period Scheduled Amount Estimated Payment Date
1st Payment (Quarter 1) $ 282,693 June 10, 2021 •
2°d Payment (Quarters 2-4) $ 848,083 August 30, 2021
Total $ 1,130,776
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IN WITNESS THEREOF, the parties hereto have caused this Agreement to be
executed by their respective proper officers and affixed their corporate seals hereto as
of the day and year first above written.
CITY OF OSHKOSH
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r—DocuSigned by: •
7J176/L 6/24/2021
'-07893 3f3AD144D_
MARK A ROHLOFF DATE
CITY MANAGER
.—DocuSigned by:
•
"-53AC2E611 D21493...
PAMELA R. UBRIG
CITY CLERK
APPROVED BY;
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract.
e- -DocuSigned by: V
igned by:
`-40C2085840764CF... •
O 24F 4DL
LYNN A. LORENSON IJSS� /AN COMPEL
CITY ATTORNEY FINANCE DIRECTOR