HomeMy WebLinkAboutTransit Operating Assistance CITY OF OSHKOSH
TRANSPORTATION DEPARTMENT
926 DEMPSEY TRAIL, OSHKOSH,WI 54902
PHONE: (920) 232-5342 FAX (920) 232-5343
LETTER OF TRANSMITTAL
To: CITY CLERK Date: 7/19/12
Project: State Operating Assistance Contract
From: Jennifer Weigand
Re: 2012 Transit Operating Assistance
Res: 12-10
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Agreements ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 CONTRACT WITH STATE OF WIS — DEPT OF TRANSPORTATION
These are being transmitted as indicated below:
❑ For For Your Use ❑ As Requested ❑ For Review&Comment
Signatures
Remarks:
Signed:
Retrn:
2012 URBAN MASS TRANSIT OPERATING ASSISTANCE CONTRACT
BETWEEN
STATE OF WISCONSIN,DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF OSHKOSH
This Contract is made and entered into between the City of Oshkosh, hereinafter referred to as "Recipient," and
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, sec. 85.20, Wis. Stats. (2011-2013), 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. (2011-2013), 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, 2012 through December 31, 2012. 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, 2012 through December
31, 2012.
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.
SECTION II: PAYMENT BY WisDOT
A. WisDOT agrees to pay the lesser of the following:
1. $1,134,446.00;
2. the nonfederal share of the Transit System's audited operating deficit; or
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 Transit System's combined state and federal operating assistance shall not exceed sixty percent (60.0%)
of the audited operating expenses.
This contract will be amended to reduce state payments, if sufficient funds are not made available under sec.
20.395, Wis. Stats.
B. WisDOT shall determine the Transit System's operating expenses and operating deficit. Such determinations
by WisDOT 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 WisDOT.
C. Where the project service is provided by a private transportation provider, the Department agrees to recognize
a management fee of$0.00 as a fixed fee and eligible project expense. When the project service is provided
for a period less than the contract period,the fixed fees shall be prorated on the basis of days of operation.
SECTION III: RESPONSIBILITY OF RECIPIENT
A. 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
B. 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 recipient's mass transit system is a shared-ride taxi system.
C. The Recipient shall maintain a system of accounting controls to identify, segregate, allocate, and safeguard
allowable operating expenses and revenues for the Transit System. The recipient shall also insure that all
subrecipients and contractors comply with this requirement.
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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 2012 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
Apportionment and not spent by December 31, 2012, 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 RA 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, 2012, after the books for that year
have been closed. 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 MA 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.
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SECTION V: ACCOUNTING RECORDS AND WisDOT 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. See Federal Office of
Management and Budget(OMB)Circular No. A-133.
B. This audit shall be performed in accordance with federal OMB Circular A-133, its Compliance Supplement,
and state single audit guidelines issued by the Wisconsin Department of Administration(DOA).
C. The Recipient, subrecipients, contractors, subcontractors, and their affiliates shall maintain all documents
and evidence pertaining to revenues, expenses, and cost allocations related to the Transit System for
inspection by WisDOT or its designee during normal business hours in their respective offices for a period of
three years following final contract payment. The recipient shall be responsible for insuring the compliance of
all subrecipients, contractors, and affiliates with this provision.
SECTION VI: SYSTEM MANAGEMENT
A. The Recipient shall require the Transit System to be managed and operated in accordance with the provisions
of the Transit Management Plan made a part of this Contract by reference, and shall ensure compliance with
that requirement. Modifications to the Transit Management Plan may be proposed by either the Recipient or
WisDOT.
B. A request by the Recipient to modify the Transit Management Plan must be submitted in writing to WisDOT
in a manner prescribed by WisDOT, and must be received by WisDOT at least 14 calendar days prior to the
planned implementation date of the proposed change. WisDOT may require the Recipient to hold a public
hearing prior to WisDOT's determination on its request.
C. If WisDOT determines that a proposed modification is a "substantive change" to the Transit Management
Plan, and if the Secretary approves such a "substantive change," WisDOT shall prepare an amendment to this
Contract and forward it to the Recipient for execution. The Recipient may not implement a proposed
"substantive change" to the Transit Management Plan until an appropriate amendment to this Contract has
been executed by both the Recipient and the Secretary.
D. If WisDOT determines that a proposed modification to the Transit Management Plan is a "nonsubstantive
change," WisDOT shall authorize the Recipient to implement the change, and a formal amendment to this
Contract will not be required.
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E. A request by WisDOT to modify the 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 WisDOT's request. If the Recipient agrees to
WisDOT's request,then this Contract shall be modified accordingly and the change shall be implemented.
SECTION VII: WisDOT APPROVAL OF CONTRACTS
If the Recipient contracts for mass transit service with a privately owned system, the Recipient shall send to
WisDOT all draft contracts between the Recipient and the Transit System. WisDOT shall review such draft
contracts and determine their conformance with the provisions of this Contract. Upon written authorization by
WisDOT, the Recipient and the Transit System may execute such contracts.
SECTION VIII: EFFECTIVE PERIOD
This Contract shall be in effect from January 1, 2012 through December 31, 2012, unless this Contract is
terminated by either party prior to December 31, 2012. In the event of such termination, this Contract shall be in
effect from January 1, 2012 to the termination date.
SECTION IX: TERMINATION
A. WisDOT may terminate this Contract at any time that the Secretary determines that the purpose of the mass
transit aid program as expressed in sec. 85.20, Wis. Stats. is not being fulfilled.
B. The Recipient may terminate this Contract if the Recipient makes a formal application to do so.
C. Both parties agree that notice of intent to terminate shall be made through "return-receipt certified mail" at
least 30 calendar days prior to the proposed termination date.
D. In the event that this Contract is terminated, WisDOT agrees to reimburse the Recipient for operating
expenses incurred between January 1, 2012 and the termination date, but payment by WisDOT may not
exceed the nonfederal share of the operating deficit incurred between January 1, 2012 and the termination
date. Eligible costs will be determined in accordance with the provisions of Section II.A of this Contract and
sec. 85.20(4m), Wis. Stats.
SECTION X: EXEMPTION FROM REGULATION
For the effective period of this Contract, the Transit System shall be exempt from regulation under Ch. 194, Wis.
Stats., as provided by sec. 85.20(5), Wis. Stats.
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SECTION XI: INCORPORATION OF APPLICATION FOR AIDS
The 2012 operating assistance application for state aid (85.20) and federal aid (Section 5307) is incorporated as
part of this contract by reference.
"IN WITNESS WHEREOF the parties have executed this Contract in the manner most appropriate to each."
STATE OF WISCONSIN City of Oshkosh
DEPARTMEN OF TRANSPORTATION
' f ,� SEE ATTACHED PAGE
By: ,
Mark J. Irfgram, ininistrator Name:
Division of Transportation Investment
Management Title:
Date: -41012-30-, Date:
6
CITYYATTORNEY DIRECTOR OF FINANCE
•
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
MA
RK/A ROHLOFF
CITY MANAGER
ANO) brA__
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.
OA
A. LO'7747-1N PEGG EENO
CI ATTORNEY DIRECTOR OF FINANCE
2012 URBAN MASS TRANSIT OPERATING ASSISTANCE
CONTRACT
BETWEEN
STATE OF WISCONSIN AND CITY OF OSHKOSH
SCHEDULE I - ESTIMATED DEFICIT
(January 1, 2012 - December 31 , 2012)
Line Item Amount
(1) Total Operating Expenses $4,509,162.00
(2) Total Operating Revenues $966,100.00
(3) Total Operating Deficit * $3,543,062.00
(4) Federal Share of Deficit** $1,357,625.00
(5) State Share of Deficit $1,134,446.00
(6) Local Share of Deficit $1,050,991.00
* 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.
2012 URBAN MASS TRANSIT OPERATING ASSISTANCE
CONTRACT
BETWEEN
STATE OF WISCONSIN AND CITY OF OSHKOSH
SCHEDULE II - STATE DISBURSEMENTS
Period Payment Payment Date
First Quarter $283,612.00 March 31, 2012
Second Quarter $283,612.00 June 30, 2012
Third Quarter $283,612.00 September 30, 2012
Fourth Quarter $170,167.00 December 31, 2012
Withheld Pending Audit $113,443.00
\\ `\y!
E,y b .--' g X01 FIRST AMENDMENT TO
\\\, ,t--;', 0— 2012 2012 U, N\\Y-7,- BETWEEN TRANSIT OPERATING ASSISTANCE CONRACT
BETWEEN THE
�,' STATE OF WISCONSIN
,� AND THE
A 4 CITY OF OSHKOSH
iibb��"" The first contract amendment is made by and between the State of Wisconsin Department of
Transportation,hereinafter referenced to as"Department"and the CITY OF OSHKOSH,hereinafter
referenced as"Recipient."
WITNESSETH THAT:
WHEREAS,the Recipient and the Department have entered into a 2012 Urban Mass Transit
Operating Assistance Contract in accordance with Wis. Stat. 85.20(3)(d);and
WHEREAS,the newly-released full-year apportionments under Federal Section 5307 was
different than previous projections,requiring a change to federal and state transit aid allocations for some
transit systems in Tier B;and
WHEREAS,the state of Wisconsin desires to maintain the same level of equalized state and
federal assistance as outlined in the original funding distribution released earlier this year.
NOW,THEREFORE,the parties hereto do mutually agree to amend this contract as follows:
Section II.A
Reduce the maximum contract amount in subsection 1 by$3,251. The new maximum contract
amount will become$1,131,195.
Revised Schedule II
Payments shall be made according to the Revised Schedule II,which is attached with this
amendment.
Witness the execution of this Contract amendment by the parties hereto in the manner most
appropriate to each.
STATE OF WISCONSIN CITY OF OSHKOSH
DEPARTMENT F TRANSPORTATION
,/ ,1-/ij-4°
By OL--- By SEE ATTACHED PAGE
Mark J. Wolfgram,Administrator
Division of Transportation Investment Management Title
Date 0 /)-3 0-o(a Date
•
2012 URBAN MASS TRANSIT OPERATING ASSISTANCE
CONTRACT
BETWEEN
STATE OF WISCONSIN AND CITY OF OSHKOSH
REVISED SCHEDULE II - STATE DISBURSEMENTS
Period Payment Payment Date
First Quarter $283,612.00 March 31, 2012
Second Quarter $283,612.00 June 30, 2012
Third Quarter $281,172.00 September 30, 2012
Fourth Quarter $169,680.00 December 31, 2012
Withheld Pending Audit $113,119.00
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
MARK A ROHLOFF
CITY MANAGER
�kiin 'r�`
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.
N
A. LORENS• PEGGY A EENO
CI ' ATTORNEY DIRECTOR OF FINANCE