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HomeMy WebLinkAbout2009 urban mass transit operating DOT & City of Oshkosh2009 URBAN MASS TRANSIT OPERATING ASSISTANCE COr\ BETWEEN STATE OF WISCONSIN, DEPARTMENT OF TRANSPORTA' AND THE E E= D JUL 13 2009 CITY OF OSHKOSH ��, ��;� �i— CITY C E" I' l S .,1FACE This Contract is made and entered into between the City of Oshkosh, hereinafter referred to as "Recipient;'anT� the State of Wisconsin, Department of Transportation, hereinafter referred to as "WisDOT," through the Secretary of the Department of Transportation, hereinafter referred to as "Secretary." RECITALS WHEREAS, see. 85.20, Wis. Stats. (2007 -09), creates an urban mass transit operating assistance program for the purpose of promoting the general public good by preserving and improving existing urban mass transit systems in Wisconsin and encouraging their effective and efficient operation; and WHEREAS, sec. 20.395, Wis. Stats. (2007 -09), appropriates funds for the sec. 85.20 mass transit operating assistance program; and WHEREAS, such funds are available to a local public body in an urban area that includes a city or village of more than 2,500 population which is served by an urban mass transit system incurring an operating deficit; and WHEREAS, WisDOT has determined that the Recipient meets the eligibility requirements of sec. Trans 4.02, Wis. Admin. Code, and is willing to pay up to the nonfederal share of the operating deficit of the urban mass transit system, hereinafter referred to as "Transit System"; NOW THEREFORE, The parties hereto contract and agree as follows: SECTION I: DEFINITIONS A. "Operating expenses" as used in this Contract has the meaning given under sec. 85.20(1)(g), Wis. Stats., and under sec. Trans 4.04, Wis. Admin. Code, and the cost principles published at 48 CFR 31, Federal Acquisition Regulations, and applies specifically to the recipient, subrecipients, and contractor's expenses to " operate the Transit System for the period January 1, 2009 through December 31, 2009. Although 48 CFR 31.205 -1, Federal Acquisition Regulations, does not generally recognize advertising as an allowable cost, the nature of transit service requires its promotion to be successful and effective. Consequently, advertising is specifically allowed as an operating expense for subrecipients and contractors under this contract. B. "Operating deficit" as used in this Contract has the meaning given under sec. 85.20(1)(f), Wis. Stats., and applies specifically to the Transit System's operating deficit for the period January 1, 2009 through December 31, 2009. C. "Total passenger trips" as used in this Contract has the meaning given in sec. Trans 3.02, Wis. Admin. Code, and includes revenue, free fare, and transfer passenger trips. D. 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 2009 application for operating assistance which is made part of this Contract by reference, and shall ensure compliance with that requirement. E. The Recipient shall require the Transit System to file quarterly transit operational reports, annual statistics and ridership reports, and other special reports as may be required by WisDOT, and shall ensure compliance with that requirement. The Recipient shall also require and ensure that all reports will be submitted in a manner and form prescribed by WisDOT. F. 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 Schedule III of this Contract. G. The Recipient agrees that any federal funds made available to the Recipient under the Governor's Apportionent and not spent by December 31, 2009, shall be made available to WisDOT.- SECTION IV: STATE DISBURSEMENTS A. Payments by WisDOT to the Recipient shall be made in accordance with Schedule II, subject to the allowable maximum payment under Section ILA of this Contract. B. An initial adjustment of payments will be made upon receipt by WisDOT of a 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 year ending December 31, 2009, after the books for that year have been closed. If, based on the year -end financial statement, payments made by WisDOT are less than 25.35 % of the eligible operating expenses of the Transit System, and less than the nonfederal share of the operating deficit of the Transit System, WisDOT will pay the Recipient the amount withheld per Schedule II of this Contract, or a sum sufficient to bring WisDOT's total payments up to 25.35% of eligible operating expenses, or a sum sufficient to bring WisDOT's total payments up to the nonfederal share of the operating deficit, whichever sum is less. C. A final adjustment of state payments will be made upon completion of WisDOT's audit of the Transit System. If WisDOT's audit establishes that the state paid more then the allowable maximum payment under Section. ILA of this Contract, the Recipient shall refund to WisDOT upon demand a sum sufficient to reduce WisDOT's payments to comply with Section II.A and with sec. 85.20(4m), Wis. Stats. D. WisDOT may withhold any and all payments due and owing Recipient if Recipient or Transit System has not filed any report required under paragraph III, E, until such time as the report is filed in the manner and form prescribed. 3 2009 URBAN MASS TRANSIT OPERATING ASSISTANCE CONTRACT BETWEEN STATE OF WISCONSIN AND CITY OF OSHKOSH SCHEDULE I - ESTIMATED DEFICIT (January 1, 2009 - December 31, 2009) Line Item Am ount (1) Total Operating Expenses $4,777,999.00 (2) Total Operating Revenues $938,000.00 (3) Total Operating Deficit * $3,839,999.00 (4) Federal Share of Deficit ** $1,581,596.00 (5) State Share of Deficit $1,211,194.00 (6) Local Share of Deficit $1,047,209.00 * Deficit means the total operating deficit per WISDOT definition, ** Federal share means that portion of federal operating assistance aids applied to the WISDOT recognized operation district.