HomeMy WebLinkAboutGrant Agreement 2023 Urban Mass Transit Operating Assistance ProgramWis. Stats. 85.20 (State ID: 395.17600)
Urban Mass Transit Operating Assistance Program
2023 Grant Agreement
City of Oshkosh
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Grant Agreement
Summary and Signature Page
PARTIES TO THE AGREEMENT
This Grant Agreement (“Agreement”) is made by and between the State of Wisconsin
Department of Transportation (“Department”) and the City of Oshkosh (“Recipient”).
STATE STATUTE AND ADMINISTRATIVE CODE CITATION
Consistent with its authority under Section 85.20, Wisconsin Statutes; rules set forth in chapters
Trans 4 and Trans 8, Wisconsin Administrative Code; and the terms and conditions of this
Agreement, including those contained in attachments to this Agreement and documents
incorporated by reference the Department hereby agrees to provide the Recipient with
program funds per the terms below.
PERIOD OF PERFORMANCE
January 1, 2023, through
December 31, 2023
AWARD MAXIMUM
Per Attachment A to this Agreement, the
Department agrees to pay the Recipient an
amount not to exceed $1,124,826.
This Agreement shall become effective upon its complete execution by the Recipient and
the Department.
RECIPIENT
(Attach additional signatures, if required by local
regulations, on a separate sheet)
STATE OF WISCONSIN
DEPARTMENT OF TRANSPORTATION
Signature: Signature:
Name: Ian Ritz, Chief
Title:
Public & Specialized Transportation Section
Division of Transportation Investment Management
Date: Date:
Wis. Stats. 85.20 (State ID: 395.17600)
Urban Mass Transit Operating Assistance Program
2023 Grant Agreement
City of Oshkosh
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Grant Agreement
ARTICLE 1. TERMS OF PAYMENT
A. Consistent with s. 85.20, Wis. Stats., the Department shall make payment to the Recipient
exclusively to assist with costs that the Recipient incurs as a result of operating, either
directly or indirectly through the use of one or more third parties, a public mass transit
system (“Transit System”) during calendar year 2023.
B. The Department shall pay the lesser of:
1. The Award Maximum specified in this Agreement.
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
s. 85.20 (4m) (b), Wis. Stats. This provision does not apply if the Transit System is a
shared-ride taxi system.
C. During the Period of Performance, the Department shall pay the Award Maximum
amount to the Recipient in two lump sums, in accordance with Attachment A and
consistent with applicable state law. In the event sufficient funds are not made available
under s. 20.395, Wis. Stats., the Department will amend this Agreement to reduce state
payments as necessary.
D. The Department may withhold any and all payments due and owing the Recipient if the
Recipient has not submitted any report required per Article 2 or Article 3, any associated
invoice, or any other required document or record, until such time as the Recipient
submits it as prescribed by the Department.
ARTICLE 2. RECIPIENT REQUIREMENTS
A. The Recipient shall submit quarterly reimbursement and performance measures reports
no more than thirty (30) days after the conclusion of each calendar year quarter.
Additionally, the Department may require the Recipient to submit special reports from
time to time.
B. The Recipient shall submit all reports, invoices, and other required documents in the
manner and form that the Department prescribes through Application instructions and
other means.
Wis. Stats. 85.20 (State ID: 395.17600)
Urban Mass Transit Operating Assistance Program
2023 Grant Agreement
City of Oshkosh
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C. The Recipient shall pay the total operating deficit of the Transit System as its bills
become due. If the Recipient contracts for mass transit service with a third-party
transportation provider, the Recipient shall pay the provider consistent with contract
terms and actual monthly operating deficits and shall make payments within thirty (30)
days of Recipient's receipt of invoice. The Recipient may reduce payments to the
provider by an amount equal to any overpayments made to the third party under this
Agreement.
D. The Recipient shall ensure that the Transit System provides reduced-fare programs for
elderly and disabled persons during non-peak hours. 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.
E. The Recipient shall operate the Transit System as outlined in its approved Application. If
the Recipient determines that service changes are necessary, it shall obtain written
approval from the Department before proceeding with the changes.
F. The Recipient shall count, or shall ensure that its third-party provider(s) count, Transit
System total passenger trips taken during the calendar year in accordance with both the
procedures set forth in Ch. Trans 3, Wis. Admin. Code, and the provisions of the Transit
Management Plan (“Management Plan”) that the Recipient submitted as part of its
Application.
G. The Recipient may not use funds paid under this Agreement for expenses incurred
outside the Period of Performance unless the Recipient has sought prior written
approval from the Department and has received such approval.
H. The Recipient may not use program funds to purchase service from or make sub-grants
to any third party without an attendant written contract, agreement, or purchase-of-
service order, that has been prepared and executed consistent with Department
procedures and with applicable federal and/or State of Wisconsin procurement
requirements. Third-party contracts, agreements, or purchase-of-service orders shall be
available for inspection by Department officials, employees, or designees upon request.
I. The Recipient shall ensure that the Transit System is managed and operated consistent
with its 2023 Public Transit Assistance Program application, including the associated
Management Plan and all other attachments thereto, as approved by the Department
(“Application”).
Wis. Stats. 85.20 (State ID: 395.17600)
Urban Mass Transit Operating Assistance Program
2023 Grant Agreement
City of Oshkosh
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J. If the Recipient wishes to make any modification to Transit System management or
operation, it shall so notify the Department, in writing in a manner prescribed by the
Department, at least twenty-eight (28) calendar days prior to implementing the
modification. Within twenty-one (21) days of receiving the Recipient’s notification, the
Department shall determine whether the proposed modification represents a
"substantive change” and shall respond to the Recipient.
If the Department concludes that a proposed Transit System modification represents a
"substantive change" and that the modification is permissible under State law, it shall
prepare an amendment to this Agreement and issue it to the Recipient for execution.
The Recipient may not implement any "substantive change" until a corresponding
amendment to this Agreement has been executed.
If the Department concludes that a proposed Transit System modification represents a
"substantive change" and that the modification is not permissible under State law, it
shall so notify the Recipient, and the Recipient may not implement the modification.
If the Department determines that a proposed Transit System modification is not a
“substantive change," it shall so notify the Recipient, after which the Recipient may
implement the modification. A formal amendment to this Agreement will not be
required.
K. Upon receiving either an Agreement amendment or notification of a “non-substantive
change” determination from the Department in response to a proposed Transit System
modification, the Recipient shall update its Management Plan accordingly. The
Recipient shall provide the Department with the updated Management Plan in the form
and manner that the Department specifies, within fourteen (14) days of receiving either
the Agreement amendment or determination notification.
L. All materials, equipment, and supplies that the Recipient acquires under this Agreement
must comply fully with all safety requirements as set forth in law or rule by the State of
Wisconsin, and with all applicable OSHA Standards.
M. If local public bodies other than the Recipient contribute assistance to the operation of
the Transit System, the Recipient shall allocate the state aid received under this
Agreement among them in proportion to their contributions.
Wis. Stats. 85.20 (State ID: 395.17600)
Urban Mass Transit Operating Assistance Program
2023 Grant Agreement
City of Oshkosh
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ARTICLE 3. 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 in the manner and form, and by the date, which the Department specifies.
This statement shall reflect the full operating revenues and expenses incurred by the
Transit System for the Period of Performance.
C. All costs that the Recipient incurs under this Agreement shall be supported by properly
executed payrolls, time records, invoices, contracts, or vouchers indicating the purpose
of the charges. The Recipient, any co-recipients, contractors, subcontractors, and their
affiliates shall maintain all documents and evidence pertaining to revenues, expenses,
and cost allocations related to this Agreement. The Recipient shall be responsible for
ensuring the compliance of all co-recipients, contractors, subcontractors, and affiliates
with this provision.
D. The Recipient shall retain all accounts and records as required above for a minimum of
three (3) years after receipt of final payment under this Agreement, and until the
Department completes its audit of Transit System financial activity during the Period of
Performance, and shall be available upon request by the Department or its designee for
inspection and audit purposes.
E. In conducting its audit, the Department shall determine the Transit System's eligible
operating expenses, revenues, and operating deficit. Such determinations by the
Department shall be made in accordance with generally accepted accounting principles
and practices. The Department shall also determine the allowable federal share of the
operating deficit.
F. Based on the Recipient’s eligible operating expenses, revenues, and allowable federal
share of operating deficit, the Department shall apply the provisions of Article 1,
Clause B to determine whether payment to the Recipient under the terms of this
Agreement has exceeded the amount for which the Recipient is eligible.
Wis. Stats. 85.20 (State ID: 395.17600)
Urban Mass Transit Operating Assistance Program
2023 Grant Agreement
City of Oshkosh
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G. If the Department’s audit establishes that payment to the Recipient under the terms of
this Agreement has exceeded the amount for which the Recipient is eligible, the
Recipient shall refund to the Department upon demand a sum sufficient to reduce the
payment to comply with the maximum allowed under s. 85.20, Wis. Stats., given the
Recipient’s allowable expenses incurred and revenues received during the Period of
Performance.
H. The Recipient shall permit the Department or its designee access to inspect all vehicles,
facilities, and equipment that are acquired with funds provided under this Agreement;
all transportation services rendered by the Recipient through the use of such vehicles,
facilities, and equipment; and all relevant project data, documents, and records.
ARTICLE 4. TERMINATION OF AGREEMENT
A. The Department may terminate this Agreement at any time that the Department
Secretary determines that the Recipient, lessee, or any third-party contractor has failed
to perform in the manner called for in the 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 Agreement shall be considered cause for termination.
B. The Recipient may terminate this Agreement upon receipt of a written, formal request
by the Department at least thirty (30) calendar days prior to the proposed termination
date.
C. In the event that this Agreement is terminated, the Department shall be liable only for
state aid payments for services rendered before the effective date of termination, not to
exceed 60% of the Recipient’s total operating costs less the prorated sum of other state
operating assistance awarded the Recipient for the Period of Performance and
assistance the Recipient is allocated under 49 USC §5307 during the Period of
Performance, and subject to all applicable federal laws and state laws and rules.
ARTICLE 5. WHOLE AGREEMENT
All attachments and appendices to this Agreement are incorporated herein by annexation.
Further, this Agreement incorporates by reference the entirety of the Recipient’s 2023 Public
Transit Assistance Program application, including the Management Plan and other documents
attached thereto.
Wis. Stats. 85.20 (State ID: 395.17600)
Urban Mass Transit Operating Assistance Program
2023 Grant Agreement
City of Oshkosh
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Attachment A: Schedule of Payments
Wis. Stats. 85.20 – Urban Mass Transit Operating Assistance
A. Award Details
Total Budgeted Expenses $6,134,701
Total Anticipated Revenues - $1,058,500
Total Anticipated Net Deficit = $5,076,201
5307 Allocation $2,454,775
85.20 State Assistance $1,124,826
*Local Share $1,496,600
* Local share estimated, actual system expenses and revenues will determine the local contribution.
B. Schedule of Payments
Period Payment Amount Estimated Payment Date
1st Payment (Quarter 1) $ 281,204 June 2, 2023
2nd Payment (Quarters 2-4) $ 843,622 August 30, 2023
Payment Total $ 1,124,826
Wis. Stats. 85.20 (State ID: 395.17600)
Urban Mass Transit Operating Assistance Program
2023 Grant Agreement
City of Oshkosh
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Attachment B: Department Contacts
Wis. Stats. 85.20 – Urban Mass Transit Operating Assistance
Kevin Lange
Public Transit Program Manager
Brian Kierzek
Public Transit Program Manager
4822 Madison Yards Way, 6th Floor South
P.O. Box 7913
Madison, WI 53707-7913
4822 Madison Yards Way, 6th Floor South
P.O. Box 7913
Madison, WI 53707-7913
(608) 266-2365 | kevin.lange@dot.wi.gov (608) 261-5695 | brian.kierzek@dot.wi.gov