HomeMy Public PortalAboutORD11087 BILL NO. 88-69
SPONSORED BY COUNCILMAN WOODMAN
ORDINANCE NO. 110 $J
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 ENACTED 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 $218, 000.00 for the year
beginning on the 1st day of November, 1988, and ending on the 31st
day of October, 1989.
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
from and after the date of its passage and approval.
Passed � �j, ,I f P�' Approved
n icer r
ATTEST:
City Clerk
Project No. MO-18-XO07
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION
NONURBANIZED AREA PUBLIC TRANSPORTATION
ASSISTANCE GRANT AGREEMENT
THIS GRANT AGREEMENT is entered into by the Missouri Highway and
Transportation Commission (hereinafter Commission) and the 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
transporta*;,n project carried out by grantee; and
k,._.'_AS, 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 oper-
ating 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) unautho-
rized restricted federal funds, (b) receipts from the use of the project
facilities and equipment, or (c) revenues of the general public transporta-
tion 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 cost. The operating portion of the grant under this agree-
ment will not exceed 50% of the actual operating cost.
(b) Capital Costs: Such capital costs are estimated to be the amount
appearing in the grantee's estimated capital project 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 capital 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) unautho-
rized restricted federal funds, (b) receipts from the use of the project
facilities and equipment, or (c) revenues of the general public transporta-
tion system in which such facilities and equipment are used, in an amount
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sufficient together with the grant pursuant to this agreement , to pay the
actual project cost . The grant under this agreement will not exceed 807 of
the actual capital costs.
2. Scope of Work and Budget : The grantee will undertake and com-
plete the project specified in the approved project application and budget
(appendixes A and B) .
3. Use of Project 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 OM 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
Aft Transportation. Exceptions to the requirements of Attachment N must be
Wr specifically approved by the Commission. If during the period, any project
facilities/equipment are not 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 prop-
erty 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
Oconsidered fair market value.
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® 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 immediate-
ly notify Commission in all cases in which project facilities/equipment are
used in a manner substantially different from that described in the project
description. The grantee shall maintain in amount and form satisfactory to
the Commission such insurance as will be adequate to protect project facili-
ties/equipment 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 re-
funded or reduced, except as authorized above.
4. Project Time Period: The project period shall be from
November 1. 1988 to October 31, 1989
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
conditions 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 applica-
tion of the conditions of Section 13(c) .
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7. Audits, Inspection and Retention of Records : The Commission and
the United States Department of Transportation, or any of their representa-
tives, 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 permit-
ted to audit under the guidelines of OMB Circular A-128 "Audits of 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 con-
tract 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 speci-
fied in paragraph 4. 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 pro-
visions of OMB Circular A-87, Federal Procurement Regulations (FRP) 1-15, and
OMB Circular A-102 which are incorporated herein by reference.
J. Reports: The grantee shall advise the Commission regarding the
progress 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 .
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10. Insurance: The grantee shall maintain in amount and form satis-
factory to Commission such insurance as will be adequate to protect it in
case of accident. If permitted by law, grantee may maintain a self-insurance
program in lieu of purchasing insurance coverage. Grantee shall verify com-
pliance with this section by submitting a copy of its certificate of insur-
ance, or if self-insured, a copy of its self-insurance plan.
11. Claims: The grantee agrees to defend, indemnify, and hold harm-
less the Commission, its agents and employees from any and all claims, de-
mands, and actions arising from the project.
12. 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 adminis-
trative rules of the U. S. Department of Transportation relative to nondis-
crimination in federally-assisted programs of the U. S. Department of Trans-
portation (49 CFR Subtitle A, Part 21) which are herein incorporated by
reference and made a part of this contract .
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(d) Nondiscrimination: The grantee shall not discriminate on grounds
of the race, color, religion, creed, sex, national origin, or ancestry of any
individual in the selection and retention of subcontractors, including pro-
curement of materials and leases of equipment. The grantee shall not parti-
cipate either directly or indirectly in the discrimination prohibited by 49
CFR Subtitle A, Part 21, Section 21.5 including employment practices.
(e) Solicitations for Subcontracts, Including Procurements of Hateri-
al and Equipment: These assurances concerning nondiscrimination also apply
to subcontractors and suppliers of grantee. In all solicitations either by
competitive bidding or negotiation made by the grantee for work to be per-
formed 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, national origin or ancestry of any
AWL
individual .
(f) Information and Reports: The grantee shall provide all informa-
tion 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 as-
certain compliance with other such contracts, orders, and instructions. Where
any information required 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 in-
formation.
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(g) Sanctions for Noncompliance: In the event the grantee fails to
comply with the nondiscrimination provisions of this contract, the Commission
shall impose such contract sanctions as it or the U. S. Department of Trans-
portation 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 pro-
visions of paragraph 12 (a) of this agreement in every subcontract, including
procurements of materials and leases of equipment, unless exempted by the
statutes, executive 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 subcontractor 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 States to enter into such litigation to pro-
tect the interests of the United States.
13. Section 504 Assurances: The grantee shall comply with all the
requirements imposed by Section 504 of the Rehabilitation Act of 1973 (29 USC
790 et seq) and the administrative rules of the U. S. Department of Transpor-
tation (49 CFR Subtitle A, Part 27) .
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14. Disadvantaged Business Enterprise: Grantee agrees to prepare
and submit for Commission approval a Disadvantaged Business Enterprise plan
as defined in 49 CFR Part 23 dated July 21, 1983 if grantee receives total of
$250,000 or more of financial assistance from the U. S. Department of Trans-
portation, Urban Mass 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
purchased with project funds. Within the service area, charter and sight-
seeing 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 pri-
vate school bus operators with project equipment.
17. Reimbursement :
(a) Net Operating Cost: The Commission , using funds made available
to it from the grant made to it by the U. S. Department of Transportation ,
shall reimburse grantee for 50% of the net operating cost described in para-
graph 1 (a) of this agreement; provided, however, in no event shall the total
9
amount reimbursed by the Commissi�..::: "or net operating cost exceed the maximum
federal share of $ 218, 000
(b) Capital Expenses: The Commission 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 capital 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 Com-
mission for capital expenses exceed the maximum federal share of
$ -0-
18. Payment: Progress payments, based upon actual allowable costs,
for not less than one (1) month may be made upon receipt of an itemized in-
voice from the grantee. The itemized invoice shall be reviewed by the Com-
mission prior to payment. A retainage of five (5) percent of the approved
invoice cost will be withheld from each requisition 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
certification that costs have been incurred in the performance of the con-
tract 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 requisi-
tion forms shall be in an appropriate format approved by the Commission.
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(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 expenses shall
be in accordance with the approved estimated capital 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 con-
ducted 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 ap-
pendixes A or B shall be subcontracted without the prior written consent of
the Commission. All subcontracts shall be subject to the terms and condi-
tions of this agreement. The grantee, however, shall remain responsible for
the proper completion of the project nonwithstanding any subcontract.
22. Termination: This agreement may be terminated upon any of the
following 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 con-
tained herein, the Commission shall have the right to terminate this agree-
ment if such default or violation is not corrected within twenty (20) days
after written notice is sent to the grantee describing such default or viola-
tion.
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(b) The Commission may terminate this agreement without recourse in
the event that, for any reason, federal funds are not appropriated, allotted,
or available to the Commission for the purpose of meeting the Commission's
obligation hereunder. The Commission will provide written notice of such
termination 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.
24. Source of Commission Funds: The obligation of the Commission
for financial assistance in the project is contingent upon this agreement
being 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. Lack 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
12
Commission while any such breach or default shall exist shall in no way im-
pair 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 obtained or is required under the laws of Missouri that it will exe-
cute such documents 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
Ah and concur in the grantee's specifications and advertisement for purchase of
IqW transit services, used and/or leased vehicles, other capital equipment esti-
mated 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 bid-
der.
28. Buy 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 CFR Part 661). Grantee
agrees that federal funds provided will not be obligated for mass transporta-
tion projects unless steel , 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 appli-
cation is not in the public interest. Second, the requirement will not apply
13
if the material and products being produced are not produced in the United
States in sufficient and reasonably available quantities and of a satisfac-
tory quality. Third, the requirement will not apply in a case involving the
procurement of buses and other rolling stock (including train control , commu-
nication, and traction power equipment) if the cost of components which are
produced in the United States is more than 50 percent 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 last date written below.
Executed by grantee this may of "" 19 Fe .
Executed by Comm ssi on this day of ZL4 Llclxa..� 19
MISSOURI HIGHWAY AND
TRANSPORT TION COMMISSION GRANTEE City of Jefferson
By By
Title Assistant Chief Engineer Title i
Attest: Attest :
By
Secretary
r
Title
Approved as to Form: Approved as to Form:
,�� A.-
u se
Title
Ordinance No.
15
,1
® APPENDIX - A
APPLICATION FOR SECTION 18 ASSISTANCE
FROM 11/1/1988 to 10/31/1989
DATE: STATE PROJECT NUMBER:
Applicant's Name: City of Jefferson Contact Person:
Street Address: 320 E. McCarty Thomas E. Hood
Transit Supervisor
P. 0. Box: D.O.T.
City: Jefferson City, MO
ZIP Code: 65101 Phone: ( 314 ) 634-6477
County:
Description of Project: The Jefferson City Transit System
(JEFFTRAN) owns nine coach type buses and eight school type
buses for the general public transportation within the city
limits. The City also owns two van-type bus equipped to
transport handicapped passengers. During the winter and
fall peak hours a total of thirteen buses are operated,
including the handicap bus, "Nandi-Wheels, " which provides
dial-a-ride service door to door. The JEFFTRAN System
operates. Monday through Friday, except holidays , from 7 :00
A.M. to 5: 30 P.M. each operating day.
-Continued-
Proposed Funding:
Federal (Section 18) $ 300, 780.
Local $ 310, 529
TOTAL $ 611, 309 ,FAutliorizecl 0t'rici_a1_L;;1'_
I
APPENDIX - 8
PROJECTED OPERATING BUDGET
FOR PERIOD: NOVEMBER 1 . 1988 THRU OCTOBER :31 . 1989
0 1 . PROJECT ADMINISTRATIVE COSTS
a. ADMINISTRATIVE SALARIES AND FRINGES $53. 384. 00
g. ADVERTISING/PROMOTION $10. 500. 00
h. LIGHTS AND HEAT $3. 500. 00
I . POSTAGE $250. 00
J . PRINTING AND STATIONERY $2. 500. 00
K. TELEPHONE $900. 00
1 . OPERATIONAL SUPPLIES $1 . 000. 00
M. BUILDING AND GROUNDS MAINTENANCE $2. 350. 00
n. CLOTHING $3. 000. 00
0. OFFICE SUPPLIES $500. 00
p. SUPPLIES FOR COPY MACHINE $500. 00
q. WATER AND SEWER $200.00
r. TRASH COLLECTION $315. 00
S. DUES AND PUBLICATIONS $550. 00
t. GENERAL INSURANCE $25, 000. 00
U. PROFESSIONAL SERVICES $0. 00
V. UNIFORM' CLEANING $3, 000. 00
W. MEETING AND CONFERENCES $2, 000. 00
X. MEDICALS $506. 00
Y. TRAINGS AND EDUCATIONS $1 . 000. 00
Z. ACCOUNTING EXPENSES (FINANCE DEPT. ) $12, 000. 00
aa. BUILDING SECURITY MONITORING $822. 00
bb. FIRST AID SUPPLIES $50. 00
2. VEHICLE
a. PERS. SERVS. (DRIVERS SAL. & FRING. ) $298. 382. 00
Aft b. EQUIPMENT MAINTENANCE $300. 00
C. FUEL, OIL, AND ANTIFREEZE $60, 000. 00
d. VEHICLE MAINTENANCE (PARTS & LABOR) $165, 000. 00
e. RADIO MAINTENCE $450. 00
Y . VEHICLE WASH $5, 800. 00
TOTAL OPERATING EXPENSES $653, 759. 00 `
3. LESS INELIBIGLE EXPENSES
a. CHAR'I'ER BUS OPERATING EXPENSES $2, 000. 00
4. ELIGIBLE OPERATING EXPENSES $651 , 759. 00 '
5. PASSENGER REVENUE
a. FARE BOX $104. 000. 00
b. SCHOOL 'PASSES $25, 000. 00
C. SPECIAL $6, 000. 00
d. MISCELLANEOUS
GOLDEN PASSES $6. 000. 00
VEHICLE WASH REIMBURSEMENT $2, 300. 00
TOTAL FARE BOX AND OTHER REVENUES
APPLIED AGAINST ELIGIBLE EXPENSES
NOT INCLUDED IN LOCAL SHARE $143. 300. 00
6. NET PROJECT COST $508. 459. 00 '
1. APPL I CANTS SHARE ( 50%)
a. GENERAL FUND $282. 959. 00
b. MATCHING FUNDS $7, 000. 00
8. SECTION 18 FUNDS REQUESTED $218. 500. 00
PREPARED BY
THOMAS E. HOOD
TRANSIT SUPERVISOR