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HomeMy WebLinkAboutGrant Agreement & Oshkosh,2017 Public Transit System 4XS0011194 Wis. Stats. 85.205 Urban Mass Transit Assistance — Paratransit Supplemental Aid 2017 Program Grant Agreement City of Oshkosh OFT11 Grant Agreement Information and Signature Page 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 2017 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, 2017, through December 31, As specified on Attachment A to this 2017 agreement, the Department agrees to pay Recipient an amount not to exceed $54,606. 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 PAGE Signature: Name: Name: Aileen Switzer Title: Title: Division Administrator Date: Date: 9-7 Contact: Contact: (608) 266-0189 1 of 10 o, 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. 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. c� 4LY- NLORE `S N T ENA ARSON CITY ATTORNEY FINANCE DIRECTOR 00011194 Wis. Stats. 85.205 Urban Mass Transit Assistance — Paratransit Supplemental Aid P 2017 Program Grant Agreement City of Oshkosh raFTfx Grant Agreement Outline Section 1: 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. 2 of 10 0colv'g.". 'IV Wis. Stats. 85.205 Urban Mass Transit Assistance — Paratransit Supplemental Aid 2017 Program Grant Agreement City of Oshkosh OF 71R Grant Agreement Main Provisions Section 1: 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 11: 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 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. 3 of 10 Xse 0 lv&, 'IV Wis. Stats. 85.205 Urban Mass Transit Assistance— Paratransit Supplemental Aid 2017 Program Grant Agreement City of Oshkosh F. 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. G. If applicable, the Recipient will make payments to third-party contractors within 30 days of Recipient's receipt of invoice. H. All materials, equipment, and supplies acquired through this Grant Agreement by the Recipient must comply fully with all safety requirements asset 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 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. 4 of 10 \SCONSrN Wis. Stats. 85.205 Urban Mass Transit Assistance — Paratransit Supplemental Aid 2017 Program Grant Agreement City of Oshkosh OF TfA 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. GREEMENTA. 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. 5 of 10 Wis. Stats. 85.205 Urban Mass Transit Assistance — Paratransit Supplemental Aid 2017 Program Grant Agreement City of Oshkosh OF TRP Section V: ADDITIONAL DOCUMENTS Initial next to each ch 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 6 of 10 Wis. Stats. 85.205 Urban Mass Transit Assistance — Paratransit Supplemental Aid 2017 Program Grant Agreement City of Oshkosh Program-Specific Requirements Wis. Stats. 85.205 Section 1: PROJECT REQUIREMENTS A. The Recipient is responsible for providing "comparable transportation service required by the federal Americans with Disabilities Act for individuals with disabilities who are unable to use fixed route transportation services." B. The Department agrees to pay the Grant Agreement maximum, as identified on the Information and Signature page. This Grant Agreement will be amended to reduce state payments if sufficient funds are not made available under sec. 20.395, Wis. Stats. 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. 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. E. 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. F. 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. 7 of 10 Wis. Stats. 85.205 Urban Mass Transit Assistance — Paratransit Supplemental Aid 2017 Program Grant Agreement City of Oshkosh V4�.0FTjk G. 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. H. 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 2017 application for operating assistance and that the full application is made part of this Grant Agreement by reference. Modifications to the 2017 Transit Management Plan may be proposed by either the Recipient or the Department. I. A request by the Recipient to modify the 2017 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. J. If the Department determines that a proposed modification is a "substantive change" to the 2017 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 2017 Transit Management Plan until an appropriate amendment to this Grant Agreement has been executed by both the Recipient and the Administrator. K. If the Department determines that a proposed modification to the 2017 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. L. A request by the Department to modify the 2017 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. 8 of 10 . p b * * Wis. Stats. 85.205 Urban Mass Transit Assistance — Paratransit Supplemental Aid 2017 Program Grant Agreement City of Oshkosh Ilk M. 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 9of10 P. 4 `S C O * * Wis. Stats. 85.205 Urban Mass Transit Assistance — Paratransit Supplemental Aid " FFq 2017 Program Grant Agreement City of Oshkosh Attachment A: Schedule of Payments Wis. Stats. 85.205 — Urban Mass Transit Assistance — Paratransit Supplemental Aid A. Schedule of Payments: Period Scheduled Amount Estimated Payment Date Calendar Year 2017 $ 54,606 June 15, 2017 10 of 10