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Home My WebLink About29356 / 78-17� March 2, 1978 � o- # 17 RESOLUTON PURPOS�: CONTRACT �OR OPERATING ASSISTANCE FOR BUS COMPANY INITIA7ED gY: DEPARTMENT OF COMMUNITY DEV�LOPMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are hereby authorized and directed to enter into the attached contract with th� State of Wisco�sin for Urb�n Mass Tra�sit Operating Assistance. BE !T FURTHER RESOLVED that said contract shall be in effect from January 1, 1g78 to Decembar 31, 1978. ' < `�.; , . E� — 17 — SUBbiITTED BY j M1 + + t`, a� � �, < `°"."�" `%��0 _ • � i4 IL_: . 197£3 URBAN MASS TRANSIT OPERATING ASSISTANCE CONTRACT BETIJEEt�! THE STATE OF 1�'ISCONSIN AND THE CITY OF OSHKOSH This Contract is made and entered into this day of , 1978, between the City of Oshkosh, tJinnebago County, 4lisconsin, hereinafter referred to as "Recipient," and the State of Wisconsin, Department of Transqortation, hereinafter referred to as "Department," through the Secretary of the Department of Transportation, hereinafter referred to as "Secretary." RECITALS WHEREAS, Wis. Stat. 85.05 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 , <I�Y 1�lHEREAS, 41is. Stat. (1977) 20.395�1)(sd) and 20.395i1)(se) appropriate funds for this mass transit aid program; and WHEREAS, such funds are availabte to a iocal public body in an urban area that includes a city or villaga of more than 5,000 population which is served by an urban mass transit system incurring an operating deficit; and . WHEREAS, the Recipient is a local public body of more than 5,000 population and wilt pay the operating deficit of the urban mass transit system known as Oshkosh City Transit, hereinafter referred to as "Transit System"; and 1•lHEREAS, the Recipient is therefore eligible to receive mass transit aid programs funds; The parties agree as follows: SECiiQiJ I: PaYhiENT BY THE DEPARTMENT A. The Department agrees to pay ta the Recipient $96,255 or two- thirds of the non-federal share of the 7ransit System's audited total operating deficit, whichever sum is less. "Total operating deficit" means the amount by which the total operating expenses (not to include profit, return on investment or depreciation) incurred in the operation of the Transit System, during the period January l, 1978, through December 31, 1978, excezds the amount of operating revenue derived therefrom. The Department shall determine such deficit and the non-federal share t(�ereof. The Dapartment's determination shall be in accordance with generally accepted accounting principles and practices. SECT(ON t(: RESPONSIBILITY OF RECtPlENT A. The Recipient agrees to pay the total operating deficit af the Transit System as its bills become due. The Recipient also agrees to provide its required funding share under this Contract. -2- B. The P.ecipient assures that the Transit System will provide reduced fare programs for elderly and handicapped persons during nonpeak hours. Such reduced fares may not exceed one-half of the full adult cash fare applicable during peak hours of operation. C. The Recipient assures that the Transit System wilt establish and maintain accounting procedures and documentation requir.ements as prescribed or approved by the Department. � D. The Recipient assures that the Transit System will determine "revenue passenger trips" taken during calendar 1978 in accordance with procedures established by the Department. E. The Recipie�t assures that the Transit System will file Quarterly Transit Operational reports and other speciai reports as may be required by the Department. The Recipient assures that all reparts wil) be submitted in a manner and form prescribed by the Department. F. The Recipient assures that if other locai public bodies contribute assistance to the operation of the Transit System, the state aids received by the Recipient under this Contract shall be allocated among the contributors in proportion to their contributions as sho�m on Schedule III. The Recipient also agrees to execute a written agreement with all contributors by not later than March 31, 197a and to forHrard a copy of all such agreements to the Department. SECTION lII: STATE DISBURSEMENTS A. Paynents by the Department to the Recipient shall be made in accordance with Schedule I1. B. If the Department's audit establishes the State's share of the non-federal s�are o� the total operating deficit to be less than $96,255, the Recipient s�alt refund to the Departm�nt upon demand a sum sufficient to reduce the Department's payments to compiy with Section I.A. of this Contract and with Wis. Stat. 85,05(3)(b). SECTION !V: ACCOU�lTING RECORDS AND DEPARTMENT AUDITS A. The Recipient and the Transit System agree to maintain such accounting records as the Department may require. Such accounting records and any other related financial books and records shall 6e subject to an audit as directed by the Department as of December 31, 197$. The Departnent may also direct audits upon a transfer of ownership of the Transit System or at other such times as it may elect. SECTION V: SYSTEM t1ANAGEMENT A. The Recipient agrees that.the Tra�sit System will be managed and operated in accordance with the provisions of the 1978 Transit Management Plan (Appendix A) o� this Contract. Modifications to the 1978 Transit Management Plan may be proposed by either the Recipient or the Department. �� . �» B. A request by the Recipient to modify the 1978 Transit Management Plan must be submitted in U�riting to the Department in a manner prescribed by the Department, and must be received by the Department at least 14 caiendar days prior to the planned inplenentation date of the proposed change. C. lf the Department determines that a proposed modification is a "substantive change" to the 1978 Transit Management Plan, and if the Secretary approves such a"substantive change," the Department shall prepare an amendment to this Contract and forward it to the Recipient for execution. The Recipient sha11 not implement a proposed "substantive change" to the 1978 Transit Management Pian until an appropriate amendment to this Contract has been executed by both the Recipient and the Secretary. D. If th� Department determines tf�at a proposed madification to the 1978.Transit Management Plan is a"non°substantove change," the Department shall authorize the Recipient to implement the change, and a formal amendment to this Contract shall not be required. E. A request by the Department to nodiFy the 1978 Transit Management Plan must be submitted in writing to the Recipient at least 28 calendar days prior to the planned implementa�ion date of.the proposed change. Within 21 calendar days of receipt of sucf� a request, the Recipient shall respond to the Department's request. tf the Recipient agrees to tF�e Department's request, then this Contract will be modified accordingly and the change im�ie�ented. SECTl�N VI: DEPARTt"ENT APPPOVAL OF CONTRACTS A. 7he Recipient shall send to the Department ali draft contracts bet�•leen the Recipient and the Transit System. The Department shall review such draft co�tracts and determine their conformance �vith the provisions of this Contract. Upon authorization by the Department, the Recipient and the Transit System may execute such contracts. SECTtQN VII: EFFECTIVE PER10D A. This Contract shali be in effect from January 1, 1978, through December 31, 1978. SECTION VIII: FEDERAL AIDS A. Should the Recipient apply for and r�ceive federal aid to offset aTl or a portion of tE�e estimated total operating deficit incurred by the Transit System during the effective dates of Lhis Contract, the Re�ipient shall notify the Departnent in �•rriting when such apptication is made and when such federal aid is approved. tf the total amount of . federal funds committed exceeds the anount shown on Line 10 of Schedule (, the Department shall recomPute both tf�e non-federai share of the total operating defiicit and the State's share tnereof. The Departmen� shall also be entitled to adjust its payments and obtain any necessary refunds from the Recipient, such that the State`s share of the non-federal share of the total operating deficit co�-�plies t•rith Section t.A. of this Contract and with W.is. Stat. 85.05(3)(b). -4- SECTfON IX: TERMINATtON A. The Department may terminate this Contract at any time that the Secretary determines that the purpose of the mass transit aid program as expressed in Wis. Stat. 85.05 is not being fulfiiled. Failure of the Recipient to comply with the terms and conditions of this Contract shali be considered to confTict with the purpose of the mass transit aid. program. B. The Recipient may terminate this Contract if so directed by appropriate local government bodies for whatever reason such request to terminate is �ade. . C. Soth pa�ties 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. tn the event that this Contract is terminated, the Department agrees to reimburse Recipient for al,l eligible costs incurred prior to the ternination date. SECTION Xc �EXEMPTION FROM REGULATION A. For the effective period of this contract, the Transit System shall be compietety exempt from regulation by the Transportation Com- mission under Chapter 194, Wis. Stats., unless otherwise expressly directed by the Depar�ment. Witness the exe�ution of this Contract by the parties hereto in the manner most approPriate to each on the day and year first above written. S7ATE OF WISCONSltJ DEPARTMENT OF TRANSPQRTF�TIO�J CITY OF OSHKOSH BY BY Secretary City Manager Date Date 1978 UP.SA�'V MASS TRA�\SIT OPERATII�G ASSISTANCE CONTP.ACT B ETt,TF EN STATE OF WISCONSIN A:tiD CITY aF OSHKOSH SCHEDULE I - ESTIt�ATED DEFICIT PERLOD 3ANUARY 1-DECEr�ER 31, 1978 Line Item Elmount �(1) Revenue Passengers . . . . . . . . . . . . . . . . . . 7I0,7i7 (2) Average Fare . . . . . . . . . . . . . . . . . . . . . $ 0.2303 (3) Pass�nger Revenue {1 x 2) e . . o . . . . . . . . . . � 163,640 (4) Other Operating Revenues . . . . . . . . . . . . . . . S 30,000 (5) Total Operating R�venue (3 + 4) . . . . . . . . . . . $ 193,640 (6) T�tal Operating Expenses . . . . . . . . . . . . . . . $ 487,705 (7) Total Operating Deficit�' . . . . . . . . . . . . . . . $ 294,065 (8) Total Miles . . . . . . , . . � , , , � � � � . � . � 364, 250 (9) (10) (11) (12) (13) Expense/,tile (6 i 8) . . . . . . . . . . . . . . . . . $ I.34 Federal Share of Line 7 . . . . . . . . . . . . . . . $ 149,682 (See Line (9) of Schedule IV) Non-Federal Share of Line 7 . . . . . . . . . . . . . $ I44,383 i Local Share (I/3 of Linell) . . . . . . . . . . . . . $ 48,128 State Share (2/3 of Line11) . . . . . . . . . . . . . $ 96,255 * Deficit means the "Total Operating Deficit" per WISDOT definitian. Effective date of this Schedule: ;st �� t 1978 URBAN �tASS TRANSIT OPERATING ASSISTANCE C0:ITRACT BETWEEN STATE OF WISCONSII3 AND CIiY OF OSHKOSH SCiIEDULE II - STATE DZSBURSErTENTS Period Payment Paynent Date First Quarter $24,064 March 3I, 1378 (January-Marct�) Second Quarter $24,064 June 30, 1978 (April-June) Third Quarter $24,064 September 30, I978 (July-September) ' FourCh Quarter $14,438 December 31, 1978 (October-December) Withheld Pending Final Audit Effective date of this Schedule: $ 9,625 1978 URBAN MASS TRANSIT OPERATIIvC ASSISTANCE CONTF�t1CT BETWEEN ' STATE OF WISCONSIN - CITY OF OSHKOSH SCiIFDULE III - ALLOCATION OF CONTRIBUTIONS Share of Public Body Deficit� Oshkosh . $ 294,065 TOTALS $ 294,065 Federal State Loca1 $ 149,682 $ 96,255 $ 4$,128 $ 149,682 $ 96,255 $ 48,128 *Defic�t �eans the total projected opzrating deficit for calendar 197$ p�r WISDOT definition. See Line (7) of Schedule I. Effective date of this Schedule: 1978 URBAN MASS T�INSIT OPERATZ`:G ASSIST��ICE CO�+TRACT BET47EEti ' STATE OF WISCONSIN - CI� �F OSHKOSH SCHEDULE IV - FEDERAL OPERATI_�G ASSISTANCE Item Projected eligible operating expenses per federal guidelines Projected operating revenues per federal guidelines Projected operating deficit per federal guidelines � Maximum potential federal funds (50 percent of Line 3) Amount $ 468,405 $ 161,840 $ 306,565 $ 153,282 Required MOE $ 93,207 Deficit over artd above P10F. (Line 3 minus Line 5) $ 213,358 Maximum federal share (the smaller of Lines 4 and 6) $ 153.282 Federal share applied to non-WISDOT recognizeci expenses (a) Depreciation (private systems only) $ (b) Profit (pxivate systems only) $ ic) Other (specify) Leaal Grant Adm. Salary (SO%) $ 3,600 Feder.al share applied to operating deficit per idISDOT guidalines (Line 7 minus 8) $ 149,682 To�al operating deficit per �JISDOT guidelines $ 294,065 Non-fedexal share a� operating deficit per WISDOT guide�.ines (Line IO minus Line 9) State funds available Local share required (Line 3 minus Lines 7& I2) Advertising incame and other local share revenue applied Local subsidy appropriations requized (Line 13 ininus Line 1�+) Effective date of this schedule: 0 �$ 144,383 $ 96,255 $ 57,028 $ 5,300 $ 51,728 i� �� Line (1) i2) (3) (4) (5) (6) i�) (8a) (8b) (8c) (9) (10) (I1) (12) (13) (14) (15) , , 1978 URBAN h1ASS TRANSIT OPERATlPJG ASSISTANCE CONTRACT APPENDIX A - 1978 MANAGEMENT�PLAK '�""�"� Appendix A is the management plan for the municipalty owned OsflkosF� City Transit for the period January l, 1978 through December 31, 1978. t. OWNERSNIP The City of Oshkosh anticipates purchasing City Transi� Lines, tnc. on December 31, 1978. Beginning January 1, 1978 the transit system wi11 be owned and operated by the City of Oshkosh. The transit system will be known as Oshkosh City Transit untit an official name is selected. ll. FARES The tariff schedule for Oshkosh City Transit is shown below: Type of Fare Adult Child Student (School Elderty � Han�i- Oshkosh-City (12-64) (5-11)�� Da s Onl 2 — Y Y � (12-18) capped (65+)_ Cash Token Transfer Oshkosh-Suburban Cash From Winnebago to - Oshkosh - Neenah - tlenasha 35C 5 C $2.50 Free 50r 5oC 55t �a� None Free 30� 35� 40� 20� None Free None tJone None 1/Children under iiv� (5) years of age free when accompanied by an aduit_ 2/Applicable during the no�►-peak hours of ooeration (8:40 A.M. to 2:40 P_M_, � Monday through Friday and all day Saturday). No fare changes are anticipated during calendar 1978. 11(. LEVEL Ot= SERVtCE 15t None Eree zsc 25C 25t No changes in Teve•1 of service are anticipated during caiendar T978. 14'. 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