HomeMy WebLinkAboutWis. DOT/Urban Mass Transit (2016) 4�sGOIV,
* Wis. Stats. 85.20
Urban Mass Transit Assistance e Operating
2016 Program Grant Agreement
City of Oshkosh
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Grant Agreement
Information and Signature Page '� � ul- . INIG
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Parties to the Agreement: -
This Grant Agreement is made by and between the State of Wisconsin Department of
Transportation ("the Department") and the City of Oshkosh ("the Recipient").
Citation: Federal, State Statute, State Admin Code:
The Department agrees to provide financial assistance with program monies made available in
accordance with the terms and conditions of this Grant Agreement and the provisions of the
Recipient's 2016 Public Transit Assistance Program application for funding assistance, which is
made part of this Grant Agreement by reference.
Period of Performance: Award Maximum:
January 1, 2016, through December 31, As specified on Attachment A to this
2016 agreement, the Department agrees to pay
Recipient an amount not to exceed
$1,128,540.
This Grant Agreement shall become effective upon its complete execution by the
Recipient and the Department.
RECIPIENT STATE OF WISCONSIN
(Please attach additional signatures on a DEPARTMENT OF TRANSPORTATION
separate sheet, if required by local regulations) Division of Transportation Investment Management
4802 Sheboygan Avenue,.Room 951
P.O. Box 7913
Madison,WI 53707-7913
Signature: SEE ATTACHED PACE Signature:
Name: Name: Aileen Switzer
Title: Title: Division Administrator
MqU6Date: Date:
Contact: Contact: (608)266-0189
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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
MAI1,K A ROHLOFF
CITY MANAGER
� .
PAMELA R. UBRIG
CITY CLERK
APPROVED BY:
hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract.
CAL' N LOR N ON TRENA LA SON
CITY ATTORNEY FINANCE DIRECTOR
Wis. Stats. 85.20
t �p Urban Mass Transit Assistance - Operating
2016 Program Grant Agreement
City of Oshkosh
QFTRRt�'
Grant Agreement
Outline
Section I: RESPONSIBILITIES OF THE DEPARTMENT
A general statement of the Department's responsibilities to the Recipient.
Section II: RESPONSIBILITIES OF THE RECIPIENT
Statements concerning the Recipient's various responsibilities under this
Grant Agreement, including (but not limited to) record-keeping
requirements, procurement instructions, and reporting requirements to.
the Department. '
Section III: ACCOUNTING, RECORDS, AND AUDIT
Statements concerning the Recipients various responsibilities under this
Grant Agreement, including (but not limited to) financial accounting and
record-keeping requirements, record maintenance and reporting
requirements, and audit procedures.
Section IV: TERMINATION OF AGREEMENT
Statements concerning various ways this Grant Agreement may be
terminated.
Section V: ADDITIONAL DOCUMENTS
A list of documents that are part of this Grant Agreement, including:
Incorporated Documents, which are part of this Grant Agreement by
reference (but are not physically included in this Grant Agreement); and
Attached Documents, which are included with and part of this Grant
Agreement.
The Recipient must review each additional document and initial that
the Recipient has reviewed and understands the content and
responsibilities included in the additional documents.
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Wis. Stats. 85.20
Urban Mass Transit Assistance - Operating
p 2016 Program Grant Agreement
City of Oshkosh
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Grant Agreement
Main Provisions
Section I: RESPONSIBILITIES OF THE DEPARTMENT
A. The Department agrees to remit payment to the Recipient in accordance with
appropriate statutes, administrative rules, program grant application, and program
materials.
Section II: RESPONSIBILITIES OF THE'RECIPIENT
A. The Recipient is responsible for submitting all program reports, invoices, or other
required documents as outlined in the program application in the manner and form as
prescribed by the Department. The Department may withhold any and all payments to
the Recipient if program reports, invoices, and other required documents are not filed in
the manner and form as prescribed by the Department.
B. 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.
C. 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.
D. The Recipient agrees to carry out the project as outlined in its approved application. If
the Recipient determines that changes to approved projects are necessary, written
approval from the Department must be received before the Recipient may proceed.
E. 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
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Wis. Stats. 85.20
r►� Urban Mass Transit Assistance - Operating
2016 Program Grant Agreement
City of Oshkosh
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Recipient's 2016 application for operating assistance which is made part of this Contract
by reference, and shall ensure compliance with that requirement.
F. The Recipient may not assume expenditures outside the Period of Performance of this
Grant Agreement unless the Recipient has sought prior written approval from the
Department and has received that approval from the Department.
G. The Recipient may not use program monies to purchase service from or make sub-
grants to any third party without a contract, agreement, or purchase-of-service order,
and must follow Department procedures and approval process. Third-party contracts,
agreements, or purchase-of-service orders shall be available for inspection by the
Department, its officials, employees or designees upon request.
H. If applicable, the Recipient will make payments to third-party contractors within 30 days
of Recipient's receipt of invoice.
I. All materials, equipment, and supplies acquired through this Grant Agreement by the
Recipient must comply fully with all safety requirements as set forth in law or rule by the
State of Wisconsin, and with all applicable OSHA Standards.
I 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 Attachment A.
Section III: ACCOUNTING, RECORDS, AND 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. This audit shall be performed in accordance with federal Office of
Management and Budget (OMB) Super Circular 2 CFR Part 200 and state single audit
guidelines issued by the Wisconsin Department of Administration. Upon notice of any
findings from this audit that involve the use of program funds, the Recipient shall inform
the Department.
B. All costs charged to this Grant Agreement shall be supported by properly executed
payrolls, time records, invoices, contracts, or vouchers indicating the purpose of the
charges. The Recipient, any Recipients, contractors, subcontractors, and their affiliates
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Wis. Stats. 85.20
r, Urban Mass Transit Assistance - Operating
y' 2016 Program Grant Agreement
City of Oshkosh
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shall maintain all documents and evidence pertaining to revenues, expenses, and cost
allocations related to this Grant Agreement. The Recipient shall be responsible for
insuring the compliance of all Recipients, contractors, subcontractors, and affiliates with
this provision.
C. The accounts and records as required above shall be retained for a period of three years
after final payment and shall be available upon request by the Department or its
designee for inspection and audit purposes.
D. The Recipient shall permit the Department or their designee access to inspect all
vehicles, facilities, and equipment acquired,or used as part of the'project; all,
transportation services rendered by the Recipient by the use of such vehicles, facilities,
and equipment; and all relevant project data, documents, and records.
Section IV: TERMINATION OF AGREEMENT
A. The Department may terminate this Grant Agreement at any time that the Secretary of
the Department of Transportation determines that the Recipient, lessee, or any third-
party contractor has failed to perform in the manner called for in the Grant Agreement,
or has failed to fulfill contract obligations. Failure of the Recipient or any third-party
contractor to comply with the terms and conditions of this Grant Agreement shall be
considered cause for termination.
B. The Recipient may terminate this Grant Agreement upon receipt of a written, formal
request by the Department at least 30 calendar days prior to the proposed termination
date.
C. In the event that this Grant Agreement is terminated, the Department shall be liable only
for payment of Attachment A of this Grant agreement for services rendered before the
effective date of termination, not to exceed 60% of the total operating costs.
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XgODIV�,� Wis. Stats. 85.20
Urban Mass Transit Assistance - Operating
2016 Program Grant Agreement
a' City of Oshkosh
Section V: ADDITIONAL DOCUMENTS
Initial next to each item to indicate that you understand both the content and your
responsibilities according to each document.
A. Attached Documents
The following documents have been included with this Grant Agreement and are made
part of this Grant Agreement-- review each document and initial that you understand
both the content and your responsibilities under each:
1. Program-Specific Requirements
2. Attachment A: Schedule of Payments
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Wis. Stats. 85.20
r Urban Mass Transit Assistance - Operating
A 2016 Program Grant Agreement
City of Oshkosh
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Program-Specific Requirements
Wis. Stats. 85.20 — Tier B Systems
Section I. PROJECT REQUIREMENTS
A. The Department agrees to pay the lesser of:
1. The Grant Agreement maximum, as identified on the Information and Signature
page•
2. The nonfederal share of the Recipient's audited operating deficit.
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 Recipient's combined state and federal operating assistance shall not exceed 60% of
audited operating expenses. The Department shall determine the Transit System's
operating expenses and operating deficit, Such determinations by the Department 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 the
Department. The Department may reduce state payments if requested reimbursements
are expected to result in assistance exceeding 60% of operating expenses.
This Grant Agreement will be amended to reduce state payments if sufficient funds are
not made available under sec. 20.395, Wis. Stats.
B. The Recipient shall file quarterly reimbursement and performance measures reports
within 30 days of the close of the reporting period. Other special reports may also be
required by the Department. The Recipient assures that all reports will be submitted in a
manner and form prescribed by the Department.
C. Payments from The Department to the Recipient shall be made in accordance with
Attachment A, subject to the maximum payment listed on the Information and
Signature page of this Grant Agreement.
D. During the audit process, an adjustment of payments will be made based upon the year-
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Wis. Stats. 85.20
Urban Mass Transit Assistance - Operating
2016 Program Grant Agreement
City of Oshkosh
t3FTftP�
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
Period of Performance after the books for that year have been closed. If, based on the
year-end financial statement, payments made by the Department are less than the
contracted amount of eligible operating expenses of the Transit System, and less than
the nonfederal share of the operating deficit of the Transit System, the Department will
pay the Recipient the amount withheld per Attachment A, or a sum sufficient to bring
the Department's total payments, when combined with the federal share, to 60% of
eligible operating expenses, or a sum sufficient to bring the Department's total
payments up to the nonfederal share of the operating deficit, whichever sum is less.
E. If the Department's audit establishes that payment to the Recipient under the terms of
this Grant Agreement has exceeded the allowable maximum as started on the
Information and Signature Page, the Recipient shall refund to the Department upon
demand a sum sufficient to reduce the payment to comply with the maximum allowed
on the Information and Signature Page of this Grant Agreement.
F. The Department may withhold any and all payments due and owing the Recipient if the
Recipient has not filed any report required as noted above, until such time as the report
is filed in the manner and form prescribed.
G. The Recipient shall send to the Department all draft contracts between the Recipient .
and any third party vendor receiving funds under this agreement. The Department shall
review such draft contracts and determine their conformance with the provisions of this
agreement. Upon authorization by the Department, the Recipient may execute such
contracts.
H. If the Recipient contracts for transportation service with a third party, the Recipient shall
pay the third party in accordance with actual monthly operating deficit. The Recipient
may reduce payments to the third party by an amount equal to any overpayments made .
to the third party under this Grant Agreement.
I. The Recipient agrees that the Transit System will be managed and operated in
accordance with the provisions of the Transit Management Plan contained in the
Recipient's 2016 application for operating assistance and that the full application is
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Wis. Stats. 85.20
Q Urban Mass Transit Assistance - Operating
D
d 2016 Program Grant Agreement
City of Oshkosh
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made part of this Grant Agreement by reference, Modifications to the 2016 Transit
Management Plan may be proposed by either the Recipient or the Department.
J. A request by the Recipient to modify the 2016 Transit Management Plan must be
submitted in writing to the Department in a manner prescribed by the Department, and
must be received by the Department at least 14 calendar days prior to the planned
implementation date of the proposed change.
K. If the Department determines that a proposed modification is a "substantive change" to
the 2016 Transit Management Plan, and if the Administrator of the Division of
Transportation Investment Management approves such a "substantive change," the
Department shall prepare an amendment to this Grant Agreement and forward it to the
Recipient for execution. The.Recipient shall not implement a proposed "substantive
change" to the 2016 Transit Management Plan until an appropriate amendment to this
Grant Agreement has been executed by both the Recipient and the Administrator,
L. If the Department determines that a proposed modification to the 2016 Transit
Management Plan is a "non-substantive change," the Department shall authorize the
Recipient to implement the change, and a formal amendment to this Grant Agreement
shall not be required.
M. A request by the Department to modify the 2016 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 the Department's request. If the Recipient
agrees to the Department's request, then this Grant Agreement will be modified
accordingly and the change implemented.
N. WisDOT Contact:
Title: Program Manager for Public Transit
Address: Attn: Ben Vondra, 5311 Program Manager
HFSB/DTIM/BTLRRH, Room 951
P.O. Box 7913
Madison, WI 53707-7913
Contact: (608) 266-0560 1 benjamin.vondra@dot.wi.gov
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Wis. Stats. 85.20
Urban Mass Transit Assistance - Operating
2016 Program Grant Agreement
City of Oshkosh
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Attachment A: Schedule of Payments
Wis. Stats. 85.20 — Urban Mass Transit Assistance
A. Award Details:
Total Budgeted Expenses $4,701,430
Total Anticipated Revenues - $998,500
Total Anticipated Net Deficit =$3,702,930
5307 Grant Allotment $1,453,329
85.20 State Assistance $1,128,540
*Estimated Local Match $1.,121,061
*Local Share estimated, actual expenses and revenues will determine the local contribution.
B. Schedule of Payments:
Period Scheduled Amount Estimated Payment Date
1St Quarter $ 282,135 June 30, 2016
2nd Quarter $ 282,135 July 31., 2016
3rd Quarter $ 282,135 September 30, 2016
4th Quarter $ 169,281 December 31, 2016
*10% Holdback $ 112,854 Completion of WisDOT Audit
Total $ 1,128,540
*10 percent of grant maximum withheld until the completion of the WisDOT audit.
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S 1
FIRST AMENDMENT TO
2015 SECTION 5339 CAPITAL ASSISTANCE
GRANT AGREEMENT BETWEEN THE
STATE OF WISCONSIN,DEPARTMENT OF TRANSPORTATION
AND THE
CITY OF OSHKOSH
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 2015 Section 5339 Capital
Assistance Grant Agreement and
WHEREAS,the Section 5339 funds available are adequate; and
WHEREAS,the Recipient has informed the Department that they are standardizing their fleet to
40-foot buses instead of a mix of 35-foot and 40-foot buses,
WHEREAS,the Department has the ability to transfer funds from ALI Code 11.12.02"Revenue
Rolling Stock—Purchase/Replacement--35 ft.Bus-Diesel"to 11.02.01 "Revenue Rolling Stock—
Purchase/Replacement--40 ft. Bus-Diesel".There is no change in the total amount of the grant.
NOW,THEREFORE,the parties hereto do mutually agree to amend this contract as follows:
Attachment A
Replace Attachment A with"Revised Attachment A for Amendment#1."
Witness the execution of this Contract amendment by the panties hereto in the manner most
appropriate to each.
STATE OF WISCONSIN CITY OF OSHKOSH
DEPARTMENT OF TRANSPORTATION
By By SEE ATTACHED PACE
Aileen Switzer,Administrator
Division of Transportation Investment Management Title
Date CD 311 . _ Date
t
ja i 1 2016
i 3
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
. _.
PAMELA R. UBRI
CITY CLERK
APPROVED BY:
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract.
C$LN A. LO EN TRENAIXksori
CITY ATTORNEY DIRECTOR OF FINANCE
Revised Attachment A for Amendment #1
Section 5339 Bus and Bus Facilities Capital Grant
Grant Number WI-34-X013
City of Oshkosh
Non-ADA
Qty ALI Item Description Unit Price _Total Price
1 11.12.01 Revenue Rolling Stock- Purchase/Replacement- $450,000.00 $450,000.00
Bus STD 40 ft. -Diesel
Total Federal Share $360,000.00
Total Local Share $90,000.00
Total Cost $450,000.00
SECOND AMENDMENT TO
2015 SECTION 5339 CAPITAL ASSISTANCE CONTRACT
BETWEEN THE
STATE OF WISCONSIN
AND THE
CITY OF OSHKOSH
The second 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 2015 Section 5339 Capital
Assistance Contract in accordance with Wis.Stat, 85.20(3)(d);and
WHEREAS,the Section 5339 funds available are adequate;and
WHEREAS,the Recipient has informed the Department of their continued need for the
replacement of large buses,
WHEREAS,the Department needs to extend the contract effective period from two years to four
years for the Recipient to utilize the remaining funds(no funds are added through this amendment);
NOW,THEREFORE,the parties hereto do mutually agree to amend this contract as follows:
Article 1I,part B: "The Recipient shall complete all projects included in this Grant Agreement within a
period of four(4)years from the date of the e-tecution."
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 OF TRANSPORTATION
By� By SEE ATTACHED PAGE
Rite'etT-S`tvitzer,Administrator l
Division of Transportation Investment Management Title
Date C Date
E
J U l_
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i
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
MAIRK A ROHLOFF
CITY MANAGER
PAMELA R. UORiG
CITY CLERK
APPROVED BY:
I hereby certify that the necessary
provisions have been made to pay
the liability which will accrue under
this contract.
fn
LY LORAN TRENA ARSON
CITY ATTORNEY FINANCE DIRECTOR