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HomeMy WebLinkAboutWIDOT/Urban Mass Transit 1988 URBAN MASS TRANSIT OPERATING ASSISTANCE CONTRACT BETWEEN STATE OF WISCONSIN, DEPARTMENT OF TRANSPORTATION AND CITY OF OSHKOSH This Contract is made and entered into between 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 . ( 1985-86) , 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 ( 1) (bq) , Wis . Stats . ( 1985-86) , 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 5 , 000 population which is served by an urban mass transit system in- curring 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 known as the Oshkosh Transit System, hereinafter referred to as "Transit System" ; NOW THEREFORE , The parties hereto contract and agree as fol- lows : 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 applies specifically to the Transit System' s operating expenses for the period January 1 , 1988 through December 31 , 1988 . 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 , 1988 through December 31 , 1988 . SECTION II : PAYMENT BY WisDOT A. WisDOT agrees to pay the Recipient $555 , 305 , or 37 . 5% of the Transit System' s audited operating expenses , or the nonfederal share of the Transit System' s audited operating deficit , whichever sum is less . 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 . 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 Schedule IV of this Contract . 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 . C . The Recipient shall require the Transit System to establish and maintain accounting and record-keeping procedures as prescribed or approved by WisDOT, and shall ensure compliance with that requirement . D . The Recipient shall require the Transit System to determine "revenue passenger trips" taken during calendar year 1988 in accordance with the procedures set forth in Ch. Trans 3 , Wis . Admin. Code , and with the provisions of the 1988 Transit Management Plan as set forth in Appendix A of this Contract , and shall ensure compliance with that requirement . E . The Recipient shall require the Transit System to file quarterly transit operational reports , annual statistics and rider- ship 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 2 state aids received under this Contract among the contributors in proportion to their contributions as shown in Schedule III of this Contract . 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 II . A 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 Re- cipient . The year-end financial statement shall reflect the opera- ting revenues and expenses incurred by the Transit System for the year ending December 31 , 1988 , after the books for that year have been closed . If , based on the year-end financial statement , pay- ments made by WisDOT are less then 37 . 5% 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 37 . 5% 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 II .A 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) (em) , Wis . Stats . SECTION V : ACCOUNTING RECORDS AND WisDOT AUDITS The Recipient shall require the Transit System to maintain such accounting records as WisDOT may require , and shall ensure compliance with that requirement . Such accounting records and any other related financial hooks and records shall be subject to an audit as directed by WisDOT for calendar year 1988 . WisDOT may also direct audits upon a transfer of ownership of the Transit System or at any other such times as it may elect . SECTION VI : SYSTEM MANAGEMENT A. The Recipient shall require the Transit System to be managed and operated in accordance with the provisions of the 1988 Transit Management Plan (Appendix A) of this Contract , and shall ensure compliance with that requirement . Modifications to the 1988 Transit Management Plan may be proposed by either the Recipient or WisDOT . 3 B . A request by the Recipient to modify the 1988 Transit Manage- ment 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 1988 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 1988 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 1988 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 . E . A request by WisDOT to modify the 1988 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 , 1988 through December 31 , 1988 unless this Contract is terminated by either party prior to December 31 , 1988 . In the event of such termination , this Contract shall be in effect from January 1 , 1988 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 . 4 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 up to 37 . 5% of the operating expenses incurred between January 1 , 1988 and the termination date , but payment by WisDOT may not exceed the nonfederal share of the operating deficit incurred between January 1 , 1988 and the termi- nation date . Eligible costs will be determined in accordance with the provisions of Section II . A of this Contract and sec . 85 . 20 (4m) (em) , 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 . "IN WITNESS WHEREOF the parties have executed this Contract in the manner most appropriate to each . " STATE OF WISCONSIN CITY OF OSHKOSH DEPARTMENT OF TRANSPORTATION / / J By - -- 4 By -� G „d- H . Evans , Administrator -'f Div. of Transportation Assistance Date //_/;6-214f, Date �/5515 4 /88 : 36t2 5 1988 URBAN MASS TRANSIT OPERATING ASSISTANCE CONTRACT BETWEEN STATE OF WISCONSIN AND CITY OF OSHKOSH SCHEDULE I - ESTIMATED DEFICIT ( January 1 , 1988 - December 31 , 1988 ) Line Item Amount ( 1 ) Total Operating Expenses . . . $ 1 , 480 , 812 ( 2 ) Total Operating Revenues . . . $ 325 , 000 ( 3 ) Total Operating Deficit* . . . $ 1 , 155 . 812 ( 4 ) Federal Share of Deficit** . . . $ 408 . 638 ( 5 ) State Share of Deficit . . . $ 555 , 305 ( 6 ) Local Share of Deficit . . . $ 191 . 870 * Deficit means the total operating deficit per WISDOT definition . ** Federal share means that portion of federal operating assistance aids applied to the WISDOT recognized operating deficit . 1988 URBAN MASS TRANSIT OPERATING ASSISTANCE CONTRACT BETWEEN STATE OF WISCONSIN AND CITY OF OSHKOSH SCHEDULE II - STATE DISBURSEMENTS Period Payment Payment Date First Quarter $138 , 826 May 31 . 1988 Second Quarter $138 , 826 June 30 , 1988 Third Quarter $138 , 826 September 30 , 1988 Fourth Quarter $83 , 297 December 31 , 1988 Withheld pending year end financial statement $55 , 530 1988 URBAN MASS TRANSIT OPERATING ASSISTANCE CONTRACT APPENDIX A - 1988 MANAGEMENT PLAN Appendix A is the Management Plan for the publicly-owned Oshkosh Transit System for the period January 1, 1988 through December 31 , 1988. I. FARES The following fare structure will be in effect on January 1, 1988. There is a possibility of a fare change during 1988 if there are reductions in federal aids. Adult Cash Fare 40C Children (5 through 10 yrs. old) 30C Elderly & Handicapped (off-peak) 20C Children (under 5 yrs.) Free Transfers Free Tokens 20 for $8.00 Unlimited Monthly Pass $15.00 Unlimited Senior Citizen Pass $10.00 NEENAH-MENASHA ROUTE: Oshkosh to Winnebago 50C to Neenah $1.25 to Menasha $1.25 Winnebago to Neenah $1.00 to Menasha $1.00 Neenah to Menasha 75C II. LEVELS OF SERVICE There are no anticipated changes in the level of service provided during the period of January 1, 1988 through December 31, 1988. III. PROCEDURES FOR ESTABLISHING 1988 REVENUE PASSENGERS The Oshkosh Transit System (OTS) will determine the 1988 revenue passenger count by the use of the average-fare method. The average-fare method uses several average fares determined through survey- ing the actual revenue and number of passengers using the system on selected representative days during different periods of the year. Average fares will be established for each of the following type of service days in which transit service is provided in Oshkosh: Weekday/School Weekday/No School Saturday Sunday/Holiday Special Fare Days The average fare determined from the surveys will be applied to OTS's annual passengers revenue accumulated by type of day. Each day of the year during which the transit system operates shall be classi- fied as one of the five designated types of days. Passenger revenue will be accumulated during the year by these types of days. A simple application of the appropriate average fare will establish the ridership for that type of day. Accumulation of annual ridership by type of day will result in an annual ridership figure. IV. EFFECTIVENESS AND EFFICIENCY The specific actions proposed for 1988 are listed below: 1. Increase the fare if funding is reduced. 2. Continue to market the system by showing the OTS slide program to schools and businesses. 3. Explore the possible applications of computer technology to reduce various areas of expenditures. 4. Develop a marketing program with specific recommendations for increasing ridership. 5. Analyze the school tripper service with the intention of reducing mileage and time. 6. Reduce the absenteeism for 1988. 7. Implement the state's safety program. 8. Upgrade the current fleet appearance, especially inside cleanliness. 9. Encourage bus usage for trips to the CBD. 10. Consider the privatization of the Neenah/Menasha route. 11. Realign support staff to reduce expenses and improve efficiency. 12. Conduct a survey of major employers in the Industrial Parks to determine their transportation needs. 13. Implement a ride and shop program with CBD merchants. 14. Work with the university to modify the new shuttle route to serve the university and the CBD area. 15. Begin construction of a new CBD transit center. 16. Implement the state's maintenance program. 17. Implement an unlimited pass for senior citizens. The following service standards have been developed for the Oshkosh Transit System: 1 . Passengers/Mile 1.51 2. Passengers/Day 2,925 3. Passengers/Population 18 4. Accidents/100,000 miles 3.5 5. Revenue/Expense Ratio 21% 6. Expense/Passenger $1.68 7. Expense/Mile $2.53 8. Per Capita Local Subsidy 4. 14 9. Revenue/Vehicle (Peak) $29,181 10. Miles/Road Call 3,000 11. Maintenance Cost/Mile 43C 12. Operations Cost/Mile $1 .82 13. Administrative Cost/Mile 28C 14. Miles/Maintenance Hour 67 15. Schedule Adherence 1} mins. early to 4 mins. late 16. Min. Passenger Per Mile 1.0 17. Passengers/Hour 19 18. Revenue/Mile 54C 19. Revenue/Hour $6.84 4/88:530