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HomeMy WebLinkAboutCOA & transit system 2009 grant agreement2009 GRANT AGREEMENT Between WINNEBAGO COUNTY COMMISSION ON AGING and OSHKOSH TRANSIT SYSTEM 926 Dempsey Trail Oshkosh, WI 54902 for Transportation to the Elderly This GRANT AGREEMENT is made and entered into this day of J A) . , 20 oi� by and between WINNEBAGO COUNTY COMMISSTON ON AGING, hereinafter referred to as "COUNTY ", and OSHKOSH TRANSIT SYSTEM hereinafter referred to as "RECIPIENT', for the period from January 1, 2009 through December 31, 2009. WITNESSETH: WHEREAS, the COUNTY has applied for financial assistance to the Wisconsin State Bureau of Aging for funds provided through the Federal Older Americans Act; and WHEREAS, the COUNTY has provided monies for development of programs to older adults; and WHEREAS, the Winnebago County Commission on Aging desires to provide financial assistance to RECIPIENT in carrying out a service to older adults in Winnebago County; NOW, THEREFORE, in consideration of the mutual promises and covenants of the parties hereto, it is agreed as follows: SECTION 1: RESPONSIBILITIES OF RECIPIENT A. RECIPIENT agrees to use monies provided through this GRANT AGREEMENT to undertake the aforementioned service program to older adults. B. RECIPIENT agrees to expend all COUNTY funds covered under this GRANT AGREEMENT only for the purpose of providing transportation services to qualified individuals 60 and over, under the Dial -A -Ride, Oshkosh Mealsites, and Rural Transportation Programs. {S14u t i ,f SECTION II: BUDGET & PAYMENT PROCEDURES. A. COUNTY agrees to provide the RECIPIENT with maximum COUNTY funding of $174,162. The amount planned for each program is identified in Appendix A, which is attached and made part of this GRANT AGREEMENT. RECIPIENT may apply Federal, State, COUNTY and passenger contributions to fund Oshkosh City transportation expenses within the following conditions: 1. Allowable COUNTY reimbursement shall be the lesser of the maximum COUNTY funding stated above or actual accrued operating expenses less actual accrued Federal, State, and other revenues (which include townships, passenger revenues and others). 2. If actual Federal, State and other revenues exceed actual operating expenses, the balance shall be carried forward to the next year as carry forward program income (passenger revenues) or identified as revenue from the City of Oshkosh and applied prior to earning any COUNTY funding. B. RECIPIENT agrees to provide to COUNTY quarterly fiscal reports within ten (10) working days of the end of each calendar quarter and to complete other reports as requested by COUNTY. COUNTY shall forward one quarter of the maximum contract amount to RECIPIENT upon receipt of the fiscal report. RECIPIENT agrees to submit a final year -end report by February 15, 2010. C. RECIPIENT may in no case obligate Federal, State, or County monies provided through this GRANT AGREEMENT beyond December 31, 2009. Funds not actually earned by RECIPIENT must be returned to the COUNTY within thirty (30) days. SECTION III: AUDIT AND RECORD DISCLOSURES A. RECIPIENT shall maintain financial and accounting records, supporting documents, reports, and other materials pertinent to this GRANT AGREEMENT in accordance with the Wisconsin Department of Health & Social Services Allowable Cost Policies Manual and shall retain such records and supporting documentation for a period of at least three years from the date of termination of this GRANT AGREEMENT. B. RECIPIENT shall, upon request, allow representatives of the Federal Administration of Aging, Lake Winnebago Area Agency on Aging, State of Wisconsin and/or COUNTY to have access to such records as may be necessary to confirm compliance with the specifications of this GRANT AGREEMENT. 2 --it C. RECIPIENT shall submit to COUNTY a certified annual financial and compliance audit report completed in accordance with the Department of Health & Social Services Provider Agency Audit Guide and (for governmental agencies) the Federal Government Office of Management and Budget OMB Circular A -128 or (for non - governmental agencies) the Federal Government Office of Management and Budget OMB Circular A -133, if required by amount of funding. In order for the audit requirements to be waived, COUNTY'S approval must be obtained prior to execution of this GRANT AGREEMENT. D. RECIPIENT shall submit to COUNTY complete copies of all management and internal control reports/letters prepared by the auditor. Copies of RECIPIENT'S response to the reports /letters shall be submitted to COUNTY. These documents shall be submitted to the COUNTY within 30 days of receipt and/or completion by RECIPIENT. E. In the event that the COUNTY determines that amounts are owed to it by the RECIPIENT subsequent to receiving the audit report, COUNTY is authorized to deduct such sums from any funds approved for payment by COUNTY to RECIPIENT. SECTION IV: HOLD HARMLESS A. RECIPIENT agrees that it will at all times, during the existence of this GRANT AGREEMENT indemnify and hold harmless COUNTY against any and all losses, damages and costs or expenses which COUNTY may sustain, incur or be required to pay as a result of RECIPIENT'S acts or omissions in relationship to this GRANT AGREEMENT or in relationship to providing care or services pursuant to this GRANT AGREEMENT. B. In no event shall the making of any payment required by this agreement constitute or be construed as a waiver by the COUNTY of any breach of the covenants of this agreement or a waiver of any default of the RECIPIENT and the making of any such payment by the COUNTY while any such default or breach shall exist in no way impair or prejudice the right of the COUNTY with respect to recovery of damages or other remedy as a result of such breach or default. SECTION V: AFFIRMATIVE ACTION /CIVIL RIGHTS COMPLIANCE A. PROVIDER agrees to submit to the County a current copy of the Subrecipient Civil Rights Compliance (CRC) Action Plan for meeting equal opportunity requirements under Title VI of the Civil Rights Act of 1973, Title VI and XVI of the Omnibus Budget Reconciliation Act of 1981 and the Americans with Disabilities Act (ADA) of 1990. The PROVIDER shall submit its CRC 3 I I -4K r Action Plan with this GRANT AGREEMENT. If an approved plan has been received during the previous calendar year, a plan update is acceptable. The plan may cover a two -year period. B. In connection with the performance of work or the rendering of any services under this GRANT AGREEMENT, the PROVIDER agrees not to discriminate against any properly qualified employee, applicant for employment, or client because of any status protected pursuant to s.111.321, Wisconsin Statutes, or developmental disability as defined in s.51.05(5), Wisconsin Statutes. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 1. PROVIDER agrees to post the Equal Opportunity Policy, the name of the Equal Opportunity Coordinator and the discrimination complaint process in conspicuous places available to applicants and clients of services, and applicants for employment and employees. The complaint process will be made available in languages and formats understandable to applicants, clients, and employees. 2. The PROVIDER agrees that through its normal selection of staff, it will employ staff with special language skills or find persons who are available within a reasonable time and who can communicate with non - English speaking clients; train staff in human relations techniques and sensitivity to cultural patterns; and making the programs and facilities accessible, as appropriate, through outstations, authorized representatives adjusted work hours, ramps, doorways, elevators, or ground floor rooms. SECTION VI: GRANT AGREEMENT REVISIONS AND /OR TERMINATIONS A. Failure to comply with any part of this GRANT AGREEMENT may be considered cause for revision or termination. B. Revision of the GRANT AGREEMENT must be agreed to by COUNTY and RECIPIENT by an addendum signed by the authorized representatives of both parties. C. RECIPIENT shall notify COUNTY whenever it is unable to provide the required quality or quantity of services. Upon such notification, COUNTY and RECIPIENT shall determine whether such inability will require a revision or cancellation of this GRANT AGREEMENT. 4 D. If COUNTY finds it necessary to terminate the GRANT AGREEMENT prior to the GRANT AGREEMENT expiration date for reasons other than non- performance by the RECIPIENT, actual cost incurred by the RECIPIENT may be reimbursed for an amount determined by mutual agreement of both parties. E. This GRANT AGREEMENT can be terminated by 30 -day written notice by either party. SECTION VII: RESOLUTION OF DISPUTES A. It is expressly understood and agreed to by the parties hereto that in the event of any disagreement or controversy between the parties, Wisconsin law shall be controlling. B. All claims, disputes, and other matters in question between the parties, arising out of, or relating to, the GRANT AGREEMENT documents or the briefs thereof, will be decided in accordance with Chapter 788, Wisconsin Statutes. C. Notice of demand for Arbitration will be filed in writing with the opposite party to this GRANT AGREEMENT. Such demand may only be made within a reasonable time after the claim, dispute, or other matter in question has arisen, and, in no event, shall any such demand be made after the date when the institution of legal or equitable proceedings, based on such claim, dispute, or other matter in question, be barred by the applicable Statute of Limitations. D. An Arbitrator shall be chosen from a panel of five Arbitrators supplies by the American Arbitration Association. The parties shall alternate strikes as to such panel, with the first strike being decided by coin flip. The Arbitrator chosen shall be the last remaining on the panel list. The fees and expenses of the Arbitrator shall be equally shared by the parties. All Arbitration hearings shall be conducted in the City of Oshkosh, Wisconsin. E. The Award rendered by the Arbitrator will be final, and judgment may be entered upon it in any court having jurisdiction thereof. SECTION VIII: CONDITIONS OF THE PARTIES OBLIGATIONS A. This GRANT AGREEMENT is contingent upon authorization of Wisconsin and United States laws and any material amendment or repeal of the same affecting relevant funding or authority of the COUNTY shall service to terminate this GRANT AGREEMENT, except as further agreed to by the parties hereto. B. Nothing contained in this GRANT AGREEMENT shall be construed to supersede the lawful powers or duties of either party. 5 1 7) 1 C. It is understood and agreed that the entire GRANT AGREEMENT between the parties is contained herein, and that this GRANT AGREEMENT supersedes all oral agreements and negotiations between the parties relating to the subject matter thereof. SECTION IX: RECIPIENT'S LEGAL STATUS RECIPIENT warrants that it has complied with all necessary requirements to do business in the State of Wisconsin, and that the persons executing this agreement on its behalf are authorized to do so. RECIPIENT shall notify COUNTY immediately, in writing, of any changes in address or RECIPIENT'S legal status. SECTION X: AUTHORIZATION COUNTY enters into this GRANT AGREEMENT pursuant to and by authority of the Winnebago County Commission on Aging and Winnebago County Board of Supervisors. RECIPIENT enters into this GRANT AGREEMENT pursuant to and by authority of its Board of Directors, City Council, or other governing body which has legal authority to enter into GRANT AGREEMENTS. Dated at Oshkosh, Wisconsin, this 2 day of 'J , 20 49 COUNTY Winnebago County Commission on Aging BY: Mark Harris County Executive S e Ertmer C unty Clerk This Instrument Approved as to Form By: John A. Bodnar, Corporate Counsel, Winnebago Co. RECIPIENT Oshkosh Transit System City of Oshkosh Mark Rohloff anager� Pamela Ubrig City erk City R i t r f i Appendix A J OSHKOSH TRANSIT SYSTEM TRANSPORTATION TO THE ELDERLY 2009 BUDGET REVENUES OSHKOSH I RURAL ICOMBINED EXPENSES DIAL -A -RIDE I TRANS 60+][ TOTAL REVENUES $ 586,500 $ 135,000 $ 721,500 Federal /State Aids (56.5 %) $ 331,373 $ 76,275 $ 407,648 Winnebago County $ 117,300 $ 56,862 $ 174,162 Townships $ - $ 20,000 $ 20,000 Passenger Revenues $ 129,480 $ 20,000 $ 149,480 Total Revenues $ 578,153 $ 173,137 $ 751,290 Est. Units (one -way rides) 69,000 4,350 73,350 Cost per Unit (Exclude Admin) $ 8.50 $ 31.03 $ 9.84 Operating Expenses $ 586,500 $ 135,000 $ 721,500 Program Administration $ (8,348) $ 38,137 $ 29,790 Total Expense $ 578,153 $ 173,137 $ 751,290