HomeMy Public PortalAboutORD10279 BILL NO.
SPONSORED BY COUNCILMAN --
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH THE MISSOURI
HIGHWAY AND TRANSPORTATION COMMISSION FOR A GRANT TO FUND A
GENERAL PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER SECTION
18 OF THE URBAN MASS TRANSPORTATION ACT OF 1964 , AS AMENDED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to
execute a contract with the Missouri Highway and Transportation
Commission for a grant to fund a general public transportation
project under Section 18 of the Urban Mass Transportation Act of
1964, as amended, in the amount of $248,839 Dollars , for the year
beginning on the 1st day of November, 1984, and ending on the
31st day of October, 1985.
Section 2. A copy of said contract is attached hereto and
made a part hereof as if fully incorporated herein.
Section 3. This ordinance shall be in full force and effect
after its passage �a/nd. approval.
Passed � ` � p q Approved � —� 71
P s iding O f icer Mayor
ATTEST:
City Clerk
Aft
' Project No. MO-18-XO03 JC
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
NONURBANIZED AREA PUBLIC TRANSPORTATION
ASSISTANCE GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highway and Trans-
portation Commission (hereinafter, Commission) and City of Jefferson
(hereinafter, grantee).
WITNESSETH:
WHEREAS, grantee has applied to Commission for a grant of funds made
available to Commission under Section 18 of the Urban Mass Transportation Act
of 1964, as amended, to defray a portion of the costs of a general public
transportation project carried out by grantee; and
WHEREAS, the Commission has awarded funds available pursuant to said act
to the grantee with the understanding that such funds will be used for projects
pursuant to this agreement for the purposes specified in grantee's application
for Section 18 assistance (attached as appendix A).
NOW THEREFORE, in consideration of these mutual covenants, promises, and
representations, the parties agree as follows:
1. Purpose and Source of Funds: The purpose of this agreement is to
assist the grantee in financing the project's expenses that are eligible for
federal financial assistance.
(a) Net Operating Cost: Net operating cost is the total cost of operation
less revenues received from the service provided. Such net operating cost is
estimated to be the amount determined from grantee's projected operating budget
(attached as part of appendix B).
The Commission will make a grant from available federal funds in the
amount not to exceed 50% of the net operating cost in a manner consistent with
the administrative rules of the U. S. Department of Transportation as contained
in an Urban Mass Transportation Administration Circular 9040.1 dated September 26,
1983, and any other regulations issued pursuant to the Urban Mass Transportation
Act, as amended (49 USC 1614).
The grantee will provide funds from sources other than (a) unauthorized
restricted federal funds, (b) receipts from the use of the project facilities
and equipment, or (c) revenues of the general public transportation system in
which such facilities and equipment are used, in an amount sufficient, together
with the grant pursuant to the agreement, to pay the actual operating coat.
The operating portion of the grant under this agreement will not exceed 50% of
the actual operating cost.
(b) Administrative, Capital and Other Capital/Administrative Costs: Such
administrative, capital and other capital/administrative costs are estimated to
be the amount appearing in the grantee's estimated capital/administrative proj-
ect budget (attached as part of appendix B).
The Commission will make a grant from available federal funds in the
amount not to exceed 80% of the administrative, capital and other capital/
administrative costs in a manner consistent with the administrative rules of
the U. S. Department of Transportation as contained in UMTA Circular 9040.1
dated September 26, 1983, and any other regulations issued pursuant to the Urban
Mass Transportation Act, as amended.
The grantee will provide funds from sources other than (a) unauthorized
restricted federal funds, (b) receipts from the use of the project facilities
and equipment, or (c) revenues of the general public transportation system in
which such facilities and equipment are used, in an amount sufficient together
with the grant pursuant to this agreement, to pay the actual project cost. The
grant under this agreement will not exceed 80% of the actual administrative,
capital or other capital/administrative costs.
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2. Scope of Work and budget: The grantee will undertake and complete this
project specified in the approved project application and budget (appendixes A
and B).
3. Ilse of pro ect_Facilities and Equipment: The project facilities and
equipment shall be used to provide general public mass transportation service
within the grantee's transportation service area, substantially as described
in the project description' (appendix A). The grantee agrees to observe the
property management standards as set forth in OMB Circular A-102, Attachment N,
or OMB Circular A-110, Attachment N, as appropriate, as now or hereafter amended
in order to protect the interest of the U. S. Department of Transportation.
Exceptions to the requirements of Attachment N must be specifically approved by
Commission. If during the period, any project facilities/equipment are clot
used in mass transportation service, whether by planned withdrawal or casualty
loss, the grantee shall immediately notify the Commission and shall remit to
the Commission a proportional amount of the fair market value, if any, of the
property, which shall be determined on the basis of the ratio of the grant made
by the Commission to the actual cost of the project. Fair market value shall
be deemed to be the value of the property as determined by competent appraisal
at the time of such withdrawal from use of misuse, or the net proceeds from
public sale, whichever is approved by Commission. In the event of loss due to
casualty or fire, the damages paid by the insurance carrier or payable from the
self-insured reserve account shall be considered fair market value. In no
event is salvage value to be considered fair market value.
The grantee shall keep satisfactory records with regard to the use of the
property and submit to the Commission upon request such information as is
required in order to assure compliance with this section and shall immediately
notify Commission in all cases in which project facilities/equipment are used
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in a manner substantially different from that described in the project descrip-
tion. The grantee shall maintain it amount and form satisfactory to the Com-
mission such insurance as will be adequate to protect project facilities/equip-
ment throughout the period of required use. The grantee shall also submit to
the Commission at the beginning of each calendar year. during such period, a
certification that the project facilities/equipment are still being used in
accordance with the terms of paragraph 3 of this agreement and that no part of
the local contribution to this cost of the project has been refunded or reduced,
except as authorized above.
4. Project Time Period: 'd'he project period and .the period of this agree-
ment shall be frim N ave�r,ber 1. 1954 to October 31, 1985
5. Disputes: Any disputes of facts which might develop as a result of
this agreement shall be decided by the Commission.
6. Labor Protection: The grantee agrees to accept the terms and con-
ditions of Section 13(c) of the Urban Mass Transportation Act of 1964, as
amended, absent a waiver by the U. S. Department of Labor.
The grantee agrees that it is the exclusive party responsible under the
terms of the Special Section 13(c) Warranty and that the state of Missouri,
acting through Commission, assumes no obligation under the terms of the
Special Section 13(c) Warranty.
The grantee shall be solely financially responsible for the application
of the conditions of Section 13(c).
7. Audits Inspection and Retention of Records: The Commission and the
United States Department of 'transportation, or any of their representatives,
shall have full access to and the right to examine, during normal business
hours and as often as the Commission or the U. S. Department of Transportation
deems necessary, all of the grantee's records with respect to all matters covered
by this contract. Such representatives shall be permitted to audit under the
guidelines of OMB Circular A-102 "Uniform Administrative Requirements for Grant-
In-Aid to State and Local Governments," examine and make excerpts or transcripts
from such records and other matters covered by this contract. Such rights shall
last for three years beyond the longer of the following periods: (a) the period
during which any property acquired with funds provided pursuant to this contract
is used for purposes for which the federal financial assistance is extended, or
for another purpose involving the provisions of similar services or benefits; or
(b) the period during which the grantee retains ownership or possession of such
property; or (c) the end of the project time period specified in paragraph k.
All documents, papers, accounting records and other material pertaining to costs
incurred in connection with the project shall be retained by the grantee for
three years from the date of final payment to facilitate any audits or inspections.
8. Property Management Standards: The grantee's services rendered and
reimbursable expenses incurred shall be those allowable under the provisions
of Federal Management Circular (FMC) 74-4, Federal Procurement Regulations (FRP)
1-15, and OMB Circular A-102 which are incorporated herein by reference.
9. Reports: The grantee shall advise the Commission regarding the prog-
ress of the projects at such times and in such a manner as the Commission may
require including but not limited to meetings and interim reports.
10. Insurance: The grantee shall maintain in amount and form satisfactory
to Commission such insurance as will be adequate to protect it in case of acci-
dent. If permitted by law, grantee may maintain a self-insurance program in
lieu of purchasing insurance coverage. Grantee shall verify compliance with
this section by submitting. a copy of its certificate of insurance, or if self-
insured, a copy of its self-insurance plan.
AOL
11. Claims: The grantee agrees to defend, indemnify, and hold harmless
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the Commission, its agents and employees from any and all claims, demands, and
actions arising from the project.
112. Nondiscrimination Assurance: With regard to work under this agreement,
grantee agrees as follows:
(a) Civil Rights Statutes: The grantee shall comply with all state and
federal statutes relating to nondiscrimination, including but not limited to
Title VI and Title VII of the Civil Rights Act of* 1964, as amended (42 USC
2000 d, e).
(b) Executive Order: The grantee shall comply with the provisions of the
executive order executed by the Honorable Christopher S. Bond, Governor of
Missouri, on the twenty-eighth day of August, 1981, promulgating a code of
fair practices in regard to nondiscrimination, which is incorporated herein
by reference and made a part of this contract. This order prohibits discri-
minatory employment., practices by grantee or their subcontractors based on race,
color, religion, creed, national origin, sex or age.
(c) Administrative Rules: The grantee shall comply with the administra-
Live rules of the U. S. Department of Transportation relative to nondiscrimina-
tion in federally-assisted programs of the U. S. Department of `transportation
(49 CFR Subtitle A, part 21) which are herein Incorporated by reference and
made a part of this contract.
(d) Nondiscrimination: The grantee shall not discriminate on grounds of
the race, color, religion, creed, sex, national origin, or ancestry of any
individual iii the selection and retention of subcontractors, including pro-
curement of materials and leases of equipment. The grantee shall not partici-
pate either directly or indirectly in the discrimination prohibited by 49 CFR
Subtitle A, Part 21, Section 21.5 including employment practices.
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(e) Solicitations for Subcontracts Including Procurements of Material.
and Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of grantee. In all solicitations either by cow-
petitive bidding or negotiation made by the grantee for work to be performed
under a subcontract including procurement of materials or equipment, each
potential subcontractor_ or supplier shall be notified by the grantee of the
requirements of this agreement relative to nondiscrimination on grounds of the
race, color, religion, creed, sex or national origin or ancestry of any individual.
(f) Information and Reports: The grantee shall provide all information
and reports required by the contract, or orders and instructions issued pursuant
thereto, and will permit access to its books, records, accounts, other sources
of information, and its facilities as may be determined by the Commission or
the U. S. Department of Transportation to be pertinent to ascertain compliance
with rather such contract, orders, and instructions. Where any information re-
quired of the grantee is in the exclusive possession of another who fails or
refuses to furnish this information, the grantee shall so certify to the
Commission or the U. S. Department of Transportation as appropriate and shall
set forth what efforts it has made to obtain the information.
(g) Sanctions for Noncompliance: In the event the grantee fails to com-
ply with the nondiscrimination provisions of this contract, the Commission shall
impose such contract sanctions as it or the U. S. Department of Transportation
may determine to be appropriate, including but not limited to: (1) withholding
of payments to the grantee under the contract until the grantee complies; and/or
(2) cancellation, termination or suspension of the contract, in whole or in part.
(h) Incorporation of Provisions: The grantee shall include the provisions
of paragraph 12 (a) of this agreement in every subcontract, including procurements
of materials and leases of equipment, unless exempted by the statutes, executive
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order, administrative rules, or instructions issued by Commission or the U. S.
Department of Transportation pursuant thereto. The grantee will take such action
with respect to any subcontract or procurement as the Commission or the U. S.
Department of Transportation may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that, in the event
the grantee becomes involved in, or is threatened with, litigation with a sub-
contractor or supplier as a result of such direction, the grantee may request
the Commission to intervene in such litigation to protect the interests of the
Commission, and, in addition, the grantee may request the united Staters to enter
into such litigation to protect the interests of the United States.
13. Section 504 Assurances: The grantee shall comply with all the require-
meets imposed by Section 504 of the Rehabilitation Act of 1973 (29 USC 790 et seq)
and the administrative rules of U. S. Department of Transportation (49 CFR Sub-
title A, Part 27).
14. Disadvantaged Business Enterprise: Grantee agrees to prepare and sub-
mit- for Commission approval a .Disadvantaged Business Enterprise plan as defined
in 49 CTR Part 23 dated July 21, 1983 if grantee receives total of $250,000 or
more of financial assistance from.the U. S. Department of Transportation, Urban
Miss Transportation Administration.
15. Interest of Members of or Delegates to Congress: No member of or
delegate to the Congress of the United States shall be admitted to any share
or part of this contract or to any benefit arising therefrom.
16. Charter and School Bus Provision: The grantee shall not provide
charter or sightseeing services outside its service area as defined in the
approved application for Section 18 assistance (appendix A) with equipment pur-
chased with project funds. Within the service area, charger and sightseeing
services may only be provided on an incidental basis. "Incidental" is defined
as those operations which do not interfere with regular service as proposed in
the project application. The following uses are presumed not to be incidental:
(a) weekday charters which occur during peak rush hours; (b) weekday charters
which require vehicles to travel more than 50 miles beyond the service area;
(c) weekday charters which require the use of a particular vehicle for more than
a total of 6 hours in any one service day.
The grantee shall not engage in school bus operations exclusively for the
transportation of students and school personnel in competition with private
school bus operators with project equipment.
17. Reimbursement:
(a) Net Operating Cost: The Commission, using funds mace available to it
from the grant made to it by the U. S. Department of Transportation, shall reim-
burse grantee for 50% of the net operating .cost described in paragraph 1 (a) of
this agreement; provided, however, in no event shall the total amount reimbursed
by the Commission for net operating cost exceed the maximum federal share of
$ 1650255 �.
(b) Administrative, Capital and Other Non-operatic Ex2enses: The Commis-
sion using funds made available to it from the grant made to it by the U. S.
Department of Transportation, shall reimburse grantee for 80% of its allowable
administrative, capital and other non-operating expenses incurred in carrying
out the project described in paragraph 1 (b) of this agreement; provided, however,
in no event shall the total amount reimbursed by the Commission for administra-
tive, capital. and other non-operating expenses exceed the maximum federal share
of $ 83,584
18. L ent: Progress payments, based upon actual allowable cost, for not
less than one (1) month may be made upon receipt of an itemized invoice from the
grantee. The itemized invoice shall be reviewed by the Commission prior to payment.
9
A retainage of five (5) percent of the approved project cost will be withheld
from the final requisition(s) until the project is completed, accepted, and the
final audit has been made. Any costs deemed ineligible for reimbursement by
the Commission in accordance with the terms of this agreement shall be deducted
from the retainage before final payment is made. Any rejected or unaccepted
costs shall be borne by the grantee.
19. Reimbursement Conditions: Reimbursement by the Commission is subject
to the following conditions: '
(a) Financial summaries submitted to the Commission must include a certifi-
cation that costs have been incurred in the performance of the contract and a
record of the actual costs.
(b) Reimbursement will be made by the Commission on an incremental basis.
Reimbursement is subject to approval by the Commission. All requi.sitionforms
shall be in an appropriate format approved by the Commission.
(c) Requisitions requesting reimbursement for operating expenses shall be
in accordance with the approved projected operating budget (appendix B).
(d) Requisitions requesting reimbursement for capital/administrative
expenses shall be in accordance with the approved estimated capital/administra-
tive project budget (appendix B).
(e) The grantee shall not be reimbursed for any expenses incurred prior
to or after the project period. Post audit activities will be conducted by
the Commission.
20. Amendments: This agreement may be modified from time to time but
only by written agreement of the parties.
21. Subcontracts: None of the project activities described in appendixes
A or B shall be subcontracted without the prior written consent -of the Commission.
All subcontracts shall be subject to the terms and conditions of this agreement.
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lilli NO
The grantee, however, shall remain responsible for the proper completion of the
project notwithstanding any subcontract.
22. Termination: This agreement may be terminated upon any of the follow-
ing conditions;
(a) If, through any cause, the grantee shall fail to fulfill in a timely
and proper manner its obligations under this agreement, or if the grantee shall
violate any of the covenants, agreements, or stipulations contained herein, the
Commission shall have the right to terminate this agreement if such default or
violation is not .corrected within twenty (20) days after written notice is sent
to the grantee describing such default or violation.
(b) The Commission may terminate this agreement without recourse in than
event that, for any reason, federal funds are not appropriated, allotted, or
available to the Commission for the purpose of meeting the Commission's obli-
gation hereunder. The Commission will provide written notice of such termina-
tion to the grantee at least five days prior to the effective date of termination.
(c) Either party may terminate this agreement at any time by giving written
notice to the other party of such termination and specifying the effective date
thereof at least 45 days in advance of such termination date.
23. Statement of Revenue and Expenditures: The grantee agrees that a
statement of revenue and expenditures, based on actual figures, will be submitted
with each invoice in a format approved by the Commission upon completion of the
project, the grantee shall provide the Commission with a final invoice indicating
the detailed costs, revenues and actual operating loss, when applicable, to the
Section 18 grant. Upon receipt of the final invoice, an audit will be performed
by the Commission.
24. Source of Commission Funds: The obligation of the Commission for
financial assistance in the project is contingent upon this agreement being
1�,
approved by the Urban Mass Transportation .Administration and the U. S. Department
of Transportation, and upon federal. funds being allocated to, and approved, for
the project.
25. Lacy of Waiver: In no event shall the making by the Commission of
any payment of grant funds to the grantee constitute or be construed as a waiver
by the Commission of any breach of covenants, or any default which may exist on
the part of the grantee and the making of any such payment by the Commission
while any such breach or default shall exist shall in no way Impair or prejudice
any right or remedy available to the Commission with the respect to such breach
or default.
26. Security: The grantee agrees that upon purchase with funds provided
under this agreement of any equipment for which a title certificate may be ob-
tained or is required under the laws of Missouri that it will execute such docu-
ments as may be necessary to protect and secure a lien upon such equipment in
favor of the Commission, if so requested by the Commission. Any and all fees
required to be paid to secure and maintain said lien shall be paid by the grantee.
27. Purchase of Project Equipment and Contracts for Providers of Transit
Service: Commission reserves the right to procure all new vehicles on behalf
of grantee unless waived. Commission reserves the right to review and concur in
the grantee's specifications and advertisement for purchase of transit services,
used and/or leased vehicles, other capital equipment estimated to cost more than
$1,000.00 and professional services contracts prior to submission to prospective:
bidders. Commission will concur in award of bid by grantee prior to execution of
agreement between the grantee and any bidder.
28. BM America: Grantee agrees to abide by the provision of the Buy
America requirements of the Urban Mass Transportation Act of 1964, as amended.,
and applicable federal regulations (49 CPR Part 661). Grantee agrees that federal
funds provided will not be obligated for mass transportation projects unless steel.,
12
cement, and manufactured products used in such projects are produced in the
United States. There are four exceptions to this basic requirement. First,
the requirement will not apply if its application is not in the public interest„
Second, the requirement will .not apply if the material and products being pro-
cured are not produced in the United States in sufficient and reasonably avail-
able quantities and of a satisfactory quality. Third, the requirement will not
apply in a case involving the procurement of buses and other rolling stock
(including train control, communication, and traction power equipment) if the
cost of components which are produced in the United States is more than 50 per-
cent of the cost of all components of the vehicles or equipment, and if final
assembly takes place in the United States. Fourth, the requirement will not
apply if the inclusion of domestic material will increase the overall project
contract by more than 10 percent in the case of projects for the acquisition of
buses and rolling stock and 25 percent in the case of all other projects.
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IN WITNESS WHEREOF, the parties have .entered into this agreement on the
date last written below.
Executed by grantee this 4th day of Se2tember , 19 84 ..
Executed by Commission this S day of � iEr'Y 19 .
MISSOURI HIGHWAY AND
TRANSPORTATION COMMISSION GRANTEE Jefferson City
Ch rma
Title Mayor
Attest: Attest:
,V—j By -21 lf,14�
Secretary „
Title City Clerk
Approved as to Form: Approved as to Form:
ORIGINN. SIGNED BY
. RICH TIE,PAEYER
Counjel
Title City Catinsa-Inr .____�
Ordinance No. 10279
1p
ATTACUMENT 8
r APPLICATION FOR SECTION 18 ASSISTANCE
From Nov. 1, 1984--to Oct. 31•► 1985
DATE: STATE PROJECT NUMBERS
Applicant's Name: City of Jefferson Contact Person:
Street Address: 320 E. McCarty Street Thomas E. Flood
Transit Supervisor
P.O. Box: N/A Department of Transportation
City: Jefferson City, Missouri
ZIP Code: 65101 Phonm: (314) 634--6477
County: Cole
Description of Project:
The City proposes to purchase 118 of a word processing system for
Department of Transportation Secretary, Funding is also being requested
for system operation and administration.
�..y� (Continued on Next Page)
Proposed Funding:
Federal (Section 18) •$248,839
Local $186,151
zA
Total $43k,99p 47Au thorized dk cial
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.. a . . • .. .w r r .... ♦ ..... ♦•.�JsJ1♦�M�A�•.Z•^IyyY...
„ ESTIMATED CAPITAL PROJECT BUDGET
Period: Navarbr:r 1, 1984-to October 31,• 1985
Item 1 (1/8) Word Processing System for Secretary,
D.O.T. to be split between Divisions 330.O:L
330.00
Item 2 Administrative Expenses
a. Project Manager (Salary) 22,460.00
b. Fringe (30%) 6,738.00
c. 1/4 Director (Salary) 8,950.00
d. Fringe (30%) 2,683.00
e. 1/4 Administrative Secretary (Salary) 3,760.00
f. Fringe (30%) 1,127.00
g. Advertising/Promotion 2,900.00*
. h. Tights and Heat 7,000.00
i. Postage 152.00
' J. Printing and Stationary 1,600.00
k. Telephone 1,835.00
1. Cperational Supplies 500.00
m. Building and Grounds Maintenance 1,000.00
n. Clothing 4,000.00*
o. Scull Tools 300000
p. Office Supplies 450.00
q. Supplies for copy machine 240.00*
r. Water and Sewer 600.00
s. Trash Collection 300.00
t. Dues and Publications 405.00
u. General Insurance 14,000.00
v. Professional Sexvices 5,000.00 -
w. Uniform Cleaning 3,000.00 *
X. Maintenance Agreements 50.00
Y. Meetings and Conference. 700.00
z. Madicals 400.00
a.a. 7h:aining and Education 1,000.00
b.b. Accounting Expenses (Finance Dept) 13,000.00
Item 2 Totals '$104,150.00
$104,150.00
Estimated Net Project Cost $ 104,480.00
Section 18 $ 83,584.V
Local Match 20,896.00
7MAL $ 104,48
man«aamxex�«x..
BWget Prepared by:
Am 'Ibomas E. Hood
Transit Supervisor
Date: July 2, 1984
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m
* •: ATTACHMENT B
PROJECTED OPERATING BUDGET
Period: November 1, 1984 thru October 31, 1985
1. Total Operating Expenses
a. Personnel Services (Drivers
Salaries and Fringes) 252,531.00
b. Equipment Maintenance 300.00
c. Fuel, Oil and Antifreeze 81,000.00
d. Vehicle Maintenance (Parts
and Labor) 120,000.00
e. Radio Maintenance 350.00
Total Operating Expenses $454,181,.00
2. Less Ineligible Operating Expenses
a. Charter Bus Operating Expenses 2,000.00
2,000.00 i
t 3. Eligible
�` . Operating.E�penses $452,181.00
4. Total Passenger and other Revenue
a. Fare Box 90,000.00
b. .school Passes 19,170.00 .
C. Special (Not including Charter) 1,000.00
d. I3iscellaneous 11,500.00
TOTAL PASSENGER AND OTHER RLVENUE
APPLIED AGAINST ELIGIBLE EXPENSES
NOT INCLUDED AS LOCAL SHARE $121,670.00
S. Net Project Costs $330.511.00
6. Applicant's Share $165,255.00
7. Section 18 Funds $165,255.00
Budget Prepared By:
Thomas E. Hood
Transit Supervisor
July 3, 1984
Dsate