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HomeMy WebLinkAbout4.03 Paratransit Services JEPA oo ,-Lyj CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 23, 1985 SUBJECT Joint Exercise of Powers Agreement - Paratransit Services EXHIBITS ATTACHED Joint Exercise of Powers Agreement; Contract with San Ramon Valley Community Center; Bid from San Ramon Valley Community Center RECOMMENDATIO k* 1 ) Approve Joint Powers Agreement 2 ) Appoint City Manager to JEPA Administrative Committee 3 ) Approve form of Contract of Paratransit Services FINANCIAL STATEMENT: Estimated 1985-86 Paratransit Costs - $20, 580 Sufficient funds have been budgeted. DESCRIPTION Since incorporation, Paratransit Services have been provided to elderly and transportation handicapped residents of the City by the San Ramon Valley Community Center. These services were initially provided to the City under an agreement between Alameda and Contra Costa Counties. The terms of that agreement provided that Contra Costa County would act as the lead agency, since it also provided Paratransit Services to San Ramon, Danville and the San Ramon Valley unincorporated area. Prior to Fiscal Year 1983-84, Alameda County indicated that it would no longer claim funds for Dublin, and that Dublin would have to claim funds directly from the Metropolitan Transportation Commission. In Fiscal Years 1983-84 and 1984-85, the City of Dublin entered into agreements with Contra Costa County for Paratransit Services. Contra Costa County contracts directly with the paratransit provider, San Ramon Valley Community Center. For Fiscal Year 1985-86, Contra Costa County has indicated that it will no longer participate in the provision of paratransit services to the Cities of Dublin, Danville and San Ramon. In addition, during a review of the City' s 1983-84 financial records, the State Auditor indicated that the City' s present method of contracting and accounting for paratransit services was not in keeping with the letter of the Transportation Development Act. The Auditor recommended the formation of a JEPA, in which one agency would have responsibility for the contract and financial transactions with the San Ramon Valley Community Center. During the last two months, the City Managers of Dublin, Danville and San Ramon have met to develop an acceptable and workable Joint Exercise of Powers Agreement, which would basically provide a structure in which paratransit services could be provided as they have been provided in the past. The JEPA would meet the legal requirements necessary for the three cities to contract with one service provider with a minimum amount of administrative overhead. The JEPA provides that one City would administer the contract with the service provider. Each year, the administrative responsibility would be rotated among the three ( 3 ) cities. It is proposed , that the City of Danville be the lead agency for Fiscal Year 1985-86. Danville will not be reimbursed for administrative costs. The administration of the Agreement would be delegated to an Administrative Committee consisting of the three City Managers. The City Managers would in turn recommend an annual budget and service provider to their respective City Councils. This process is very similar to the current practice. The JEPA provies for a 90 day termination clause. ---------------------------------------------------------------------------- COPIES TO: Dave Stegman, San Ramon ITEM NO. "7�' 0 Valley Community Center , / AGENDA STATEMENT: Joint Exercise of Powers Agreement - Paratransit Services Page 2 Since the City legally has no contract for paratransit services between July 1, 1985 and September 30, 1985, it will be necessary to extend the City' s 1984-85 contract with Contra Costa County to cover this period so that the City can legally pay for paratransit services which are presently being rendered. It is Staff ' s understanding that this contract extension will be considered by the Contra Costa County Board of Supervisors in early October and will be ready for City Council review at its meeting of October 14, 1985. It is further understood that Contra Costa County will assign this contract to the City of Danville. It is Staff ' s recommendation that the City Council: 1) Approve the Joint Powers Agreement with the Cities of Danville and San Ramon 2 ) Appoint the City Manager to the JEPA Administrative Committee 3 ) Aprove the form of the Contract for Paratransit Services JOINT EXERCISE OF POWERS AGREEMENT BY AND AMONG THE CITIES OF DANVILLE, DUBLIN AND SAN RAMON 1. Parties. This Joint Exercise of Powers Agreement, dated September , 1985 is entered into pursuant to Government Code 6502 . 2 . Recitals. Each party to this Agreement is a municipal corporation, duly authorized and existing under the laws of the State of California. As such, Government Code grants to each party the power to enter into contracts. Prior to their incorporation, the parties benefited from paratransit services administered by Contra Costa and Alameda Counties. Now that the parties are incorporated entities, Contra Costa County no longer desires to provide this service. The parties desire the service to be continued and have agreed to combine their efforts and resources for this purpose. The provision of paratransit services involves the use of Transportation Development Act, Article 4.5 and other public funds, contract(s) for the delivery of services with private or non-profit service providers, and potentially the contribution of operating subsidies by each party. This Agreement provides for the administration of these activities. 3 . Purpose. The purpose of this Agreement is to provide for the efficient delivery of paratransit services in the San Ramon Valley. Although each party has the right to independently provide said services, the cities' desire to establish a joint service delivery program. Through this Agreement, the parties desire to set forth the terms and conditions underwhich they will participate in the delivery of paratransit services. The parties do not intend to create a separate public agency through this agreement and no provision of this Agreement should be so construed. 4 . Authorization to Contract for Paratransit Services. By execution of this Agreement each party authorizes and directs that a contract be entered into, on behalf of the parties, with a private or non-profit service provider for the delivery of paratransit services. The contract shall be entered into by one party on behalf of all of the parties. Prior to the execution of any contract(s) with a service provider, each party's city attorney shall have approved the form of the contract. The responsibility for soliciting service provider proposals, entering into service contracts, and the control and disbursement of any and all funds shall be assigned by the Administrative Committee to any one of the three parties. 5. Administration of the Agreement. Administration of the activities required by this Agreement is delegated to an Administrative Committee. The Administrative Committee shall be comprised of the City Managers of the parties. The administrative committee's responsibilities shall include: A. Preparation and submittal of an annual paratransit service- budget to the City Councils of each party. B. Conduct periodic evaluations of the quality, adequacy, and fiscal condition of the paratransit service program. C. Review of service proposals from qualified service providers; negotiation of service contracts; and to recommend the selection of a service provider to the City Council of each party. D. Coordination of paratransit service activities with other agencies. 6. Obligations of the Parties. The parties to this agreement shall: A. Appoint their respective City Managers to the Administrative Committee. B. Review and consider annual budget proposals for the paratransit program. C. Annually rotate the administrative responsibility for the solicitation of Transportation Development Act and other funding sources; accounting for and disbursing of all paratransit program expenses; and the conduct of fiscal audits. D. Pay upon demand their fair share of any operating program subsidies should such subsidies be required from time to time. E. Provide good faith support to the paratransit program. 7. Termination. This Agreement shall terminate; A. Upon 90 days prior written notice of termination by any party given to the other parties provided, however, that the terminating party shall be liable for its appropriate share of any paratransit program expenses incurred up to the effective date of such termination, or B. In the event any party fails to pay its share of previosuly agreed upon program expenses. 8 . Amendment. This Agreement may be amended at any time upon the approval of all the parties to the Agreement. 9 . Notices. Any notices to be sent to any party shall be directed to the office of the City Manager of the party, with copies to the City Managers of all parties. CONTRACT FOR PARATRANSIT SERVICES This contract, made and entered into this 1st day of October, 1985, by and between the City of Danville, political subdivision of the State of' California, hereinafter referred to as "City" and hereinafter referred to as "Contractor" ; RECITALS 1. City is desirous of contracting with Contractor for the provision of certain services, a description of which is presented in Exhibit A, attached hereto. 2 . Transportation Development Act, Article 4 .5 funds in the amount of $ have been authorized by the Metropolitan Transportation Commission to partially offset the cost of the service. 3 . City has been authorized by the Cities of Dublin and San Ramon to engage in a contract for paratransit services for the 1985-86 fiscal year ending June 30, 1986 on behalf of the Cities of Danville, San Ramon and Dublin. 4 . Contractor is willing and able to perform duties and render services which are determined by the City to be necessary or appropriate for the welfare of residents of the City. 4 . City desires that such duties and services be provided by Contractor, and Contractor agrees to perform such duties and render such services, as more particularly set forth below. NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED as follows: 1. Attached hereto, marked Exhibit A, and by this reference made apart hereof, is a description of the duties and services to be performed for City by Contractor, and Contractor agrees to comply with all provisions, to perform all work, and to provide all such duties and services set forth in Exhibit A in a professional and diligent manner. 2 . Payment shall be made pursuant to the terms and conditions set forth in Exhibit B, attached hereto and by this reference made apart thereof. Sums not so paid shall be retained by City. In no event shall the total amount paid to Contractor exceed the sum of $ without prior amendment to this contract. Contractor shall not exceed the line items in its budget, attached hereto as Exhibit C and made a part hereof by this reference. 3 . The term of this contract shall be 30 months beginning on the 1st day of October, 1985 and end on the 1st day of June, 1986, unless extended, or until terminated earlier by either party submitting in writing to the other a 60-day notice of termination. This contract may be extended on a year by year basis for up to two additional years provided such extensions are agreed to by City, Contractor, the Metropolitan Transportation Commission, and the Cities of Dublin and San Ramon. This contract shall supersede any prior contracts signed by the City and the Contractor. 4 . Contractor shall maintain on a current basis complete records, including books of original entry, source documents supporting accounting transactions, eligibility and service records as may be applicable, a general ledger, personnel and payroll records, cancelled checks, and related documents and records to assure proper accounting of funds and performance of this contract in accordance with instructions provided and to be provided by the City. Said instructions may include requirements as to the length of time such records are to be retained by Contractor. Contractor shall comply with all such instructions. Contractor shall cooperate with City in the preparation of, and shall furnish any and all information required for, reports to be prepared by City as may be required by the rules, regulations, or requirements of City of or any other governmental entity. To the extent permitted by law, Contractor will also permit access to all books, account, or records of any kind to City or to any other governmental entity for purposes of audit or investigation, in order as ascertain compliance with the provisions of this contract. 5. Contractor shall, at no cost to City, obtain and maintain during the term hereof: (a) Workers ' compensation insurance pursuant to state law, and (b) comprehensive liability insurance, including coverage for owned and non-owned automobiles, with a minimum combined single limit coverage of $500, 000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence. Contractor shall furnish evidence of such coverage, naming City, its officers and employees as additional insureds, and requiring 30 days ' written notice of policy lapse or cancellation. 6. Contractor shall defend and indemnify City, its officers and employees, against any and all claims or liability for injury or damage caused by any act or omission of Contractor or any of contractor's employees or volunteers in the performance of this contract, including City's active or passive negligence but excluding City's sole negligence, and Contractor shall hold City harmless from any and all loss occasioned in the performance of, or otherwise arising out of, this contract. 7. City shall make at least one program evaluation during the term and each extension of this contract not later than the ninth month of the term or extension. City with prior written notice of 14 days to Contractor, may at any time conduct additional evaluations of the program. Said evaluations shall cover both objectives and program of Contractor. Contractor shall maintain and retain records with respect to such objectives, program, and evaluations, and shall cooperate with City in making these or any other evaluation reports; Contractor shall permit access by City to the premises, shall furnish all information requested by City, and shall afford City access to all such records of Contractor. 8. Contractor shall not claim reimbursement from City for (or apply sums received from City with respect to) that portion of its obligations which has been paid by another source of revenue. However, unrestricted or undesignated private charitable donations and contributions shall not be considered revenue applicable to this contract; contractor has total freedom in planning for the usage of such resources in expanding and enriching programs, or in providing for such other operating contingencies as it may desire. Sums received as a result of applications for funds from public or private organizations shall be considered such revenue insofar as such sums are or can be applied to the work to be performed by Contractor pursuant to this contract. Nothing herein shall be deemed to prohibit Contractor from contracting with more than one entity to perform additional work similar to or the same as that herein contracted for. 9. None of the work to be performed by Contractor shall be sub-contracted without the prior written consent of City. Contractor shall be as fully responsible to City for the acts and omissions of any sub-contractors, and or persons either directly or indirectly employed by them, as Contractor is for the actions and omissions of persons directly employed by Contractor. Contractor shall not transfer any interest in this contract (whether by assignment or novation) without the prior written .approval of City. No party shall, on the basis of this contract, in any way contact on behalf of, or in the name of, the other party to the contract, and any attempted violation of the provisions of this sentence shall confer no rights, and shall be void. 10. Neither the Contractor nor any of its employees shall by virtue of this contract be an employee of City for any purpose whatsoever, nor shall it or they be entitled to any of the rights, privileges, or benefits of City employees. Contractor shall be deemed at all times an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this contract. Contractor assumes exclusively the responsibility for the acts of its employees as they relate to the services to be provided during the course and scope of their employment. 11. Contractor agrees to maintain the confidentiality of any information which may be obtained in connection with this work. City shall respect the confidentiality of information furnished by Contractor to City. 12 . If, through any case, Contractor shall fail to fulfill, in timely and proper manner, its obligations under this contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of this contract, City shall thereupon have the right to terminate this contract by giving written notice to Contractor of such termination and specifying the effective date of such termination. Without prejudice to the foregoing, Contractor agrees that if, prior to the termination or expiration of this contract, upon any final or interim audit by City or any agents of required state or federal agencies having jurisdiction for Transportation Development Act funds, concluding that Contractor has failed in any way to comply with any requirements of this contract, then Contractor shall forthwith bring itself into compliance and shall pay to City forthwith whatever sums are disclosed to be due to City (or shall, at City's election, permit City to deduct such sums from whatever amounts remain undisbursed by City to Contractor pursuant to this contract) ; if this contract shall have terminated or expired, and it is disclosed upon such audit, or otherwise, that such failure has occurred, the Contractor shall pay to City forthwith whatever sums are so disclosed to, or determined by, City to be due to City, or shall at City's election, permit the City to deduct such sums from whatever amounts remain undistributed by City to Contractor pursuant to this or any other contract between the City and Contractor. 13 . Contractor shall comply with all applicable laws, ordinances, and codes or federal, . state and local governments in performing any of the work embraced by this contract. 14 . In the event that payment under this contract is other than by fee-for-service, title to all personal property having a unit purchase price of over $175 acquired by Contractor in connection with this contract or the services rendered pursuant thereto shall vest in City, and shall be returned to City at the expiration or termination of the contract. 15. City shall assign a liaison to Contractor with respect to the performance of this contract. If any adjustment in line items in the attached budget is requested by Contractor, such adjustment may be made upon receipt by Contractor of the written approval of the liaison department. Such budget adjustment shall not alter (1) the basic scope of services or other performance to be provided under this contract, (2) the time of performance of any act hereunder, or (3) the total amount of money allocated hereunder. 16. Contractor agrees to comply with all requirements which are now, or may hereafter be, imposed by the funding government with respect to the receipt and disbursement of the funds referred to in Exhibit B, as well as such requirements as may be imposed by City. Without limiting the generality of the foregoing, Contractor agrees that it will not use funds received pursuant to this agreement, either directly or indirectly, as a contribution in order to obtain any federal funds under any federal or state programs without prior written approval of City. 17. Contractor agrees that no person shall on the ground of race, religion, national origin, sex, age or handicapped condition, be excluded from participation in, be denied the benefits or be subjected to discrimination under any program or activity funded in whole or part with funds made available to Contractor by City pursuant to this contract. 18. Contractor and City recognize that unforeseen events may cause significant increases in the costs to be borne by Contractor in rendering services hereunder and in otherwise performing this contract. If the City determines that the Contractor has incurred unforeseen significant costs which, if not paid, will interfere substantially with Contractor's performance hereunder, and reimbursement thereof is necessary in order to prevent undue hardship to the recipients of Contractor's services, and such costs were beyond the Contractor' s control, this contract may be amended to alter the fee-for-service rate or line-item budget and to make such other changes therein as may be necessary or appropriate to accomplish the foregoing. 19. Contractor understands that this contract is entered into on the .premise that the Cities of Dublin and San Ramon have executed a joint exercise of powers agreement with City which provides for joint funding and administration of a San Ramon Valley Paratransit program. Contractor agrees that City' s obligations pursuant to this contract shall cease concurrently with the withdrawal by any party from the Joint Powers Agreement. 20. This contract can be amended only by written agreement of the parties hereto. EXHIBIT A IDENTIFICATION OF SERVICE Objective of Program hereinafter referred to as Contractor, shall provide paratransit services for transportation of handicapped individuals who are age 60 and over, and/or because of physical/developmental/mental frailty, isolation, or similar reason, unable to use ordinary public transit transportation services. Services of Program Contractor shall provide accessible van paratransit service for transportation handicapped individuals who request such services. The service shall meet the following minimum requirements: 1. The dispatching/scheduling of trips beginning at 8 :30 a.m. and ending at 4 : 30 p.m. , Monday through Friday. 2 . Transportation equipment owned or available to the City shall be operated by employees of Contractor. A. There shall be a minimum of one eleven-passenger van and one lift-equipped van or bus. B. All vehicles used must conform to vehicle specifications, laws, and regulations of the State of California. Lifts must be of accepted manufacture and acceptable to City. 3 . The paratransit services to be provided shall meet each of the following trip needs: A. Scheduled Trips -- The user needs transportation on a regular basis, or the user needs transportation to a scheduled appointment. These trips should be scheduled in advance. These trips are the normal mode of operation. B. Immediate Response Trips -- The user needs transpor- tation as soon as possible C. Out-of-Service Area Medical -- The user needs trans- portation to Walnut Creek or the Pleasanton-Livermore area for specialized medical treatment, or to Hayward for dialysis treatment; these trips should be scheduled at least 24 hours in advance. D. Escort Service Trips -- Users requiring escort assistance shall be encouraged to provide their own escorts. Escorts may travel at the same cost per trip as the eligible user. The volunteer escort's trip cost is the same rate charged the user, and is paid by scrip. The escort is picked up at the user residence with the user. If no escort is available, the dispatcher may refuse to schedule the trip until an escort is available. 4 . If trip demand exceeds delivery capacity, priority shall be given be Contractor to requests for trip purposes in the following order: Transportation handicapped, in the following sites: (1) Medical appointments and jobs. (2) Personal business and senior citizen nutrition sites. (3) Shopping. (4) Recreation (senior center) . (5) All others. 5. Contractor shall, in concurrence with Central Contra Costa County Transit Authority (CCCTA) , join with AC Transit, BART, and the Livermore-Amador Valley Transit Authority to prepare for the integration of services at the time buses become available for transportation of handicapped persons. Coordination of hours of operation and transfers will be arranged. 6. Contractor shall dispense, upon request, either in person or by mail, scrip books to all eligible paratransit users (as defined in Exhibit A) during normal business hours. A. Scrip books shall include the following information: (1) Place for signature when scrip purchased. (2) Place for user signature when scrip given to driver. (3) Serial number. (4) Name and address of Contractor. (5) Value of each ticket. (6) Distinguish transportation handicapped and general public. B. Scrip books shall contain ten tickets (each valued at 75 cents) , and be sold for $7.50. Three or more books may be provided an eligible user in any one month only after 50% of the tickets provided in previous months have been used. The above is subject to change with the approval of both parties. C. Fares (see Figure 1 for definition of boundary designations and zones) shall be paid at rates that are set below: To or From Zone Fare Within zone of origin $ .75 To second zone 1.50 To third zone (outside service area) 2.25 Fare is subject to change without notice by City in order to maintain a 10% farebox recovery. 7. Contractor shall purchase, through the City bid process, the necessary equipment to provide the services described above. Equipment to be purchased is limited to amended contracts which provide for capital purchase. EXHIBIT B METHOD OF PAYMENT Maintenance of Records 1. Service usage records (daily drivers' logs) which include: A. Driver's name. B. Location of client pickup. C. Location of client dropoff. D. Signature of driver. 2 . Employee time records signed by employee, and approved by supervisor. 3 . Invoicing and payment records, and related fiscal and program information. Drivers' logs are to be maintained for a period of five years. Should Contractor cease to exist as a legal entity, records will be forwarded to the City Department of Public Works. Required Records 1. Contractor shall provide each City with a completed Metropolitan Transportation Report (MTQ each quarter. This report shall be on a MTC prescribed form and shall include the following information: A. Itemization of all revenue. B. Itemization of all expenditures. C. Operating data, including number of: Total passenger trips, total miles, and total hours of operation.. D. Marketing and other activities. Payment Schedule 1. Monthly billings will be for actual expenses incurred, not to exceed the total contract'amount without written approval by the City. . 2 . The Cities of Dublin and San Ramon will reimburse the City of Danville upon receipt of invoice for City Transportation Development Act, Article 4.5 funds expended under the terms of this contract with the Contractor. The amount will not exceed the sum of Capital Purchases Contractor shall be reimbursed upon invoice for the actual purchase price of any capital equipment listed in subsequent contract amendments. City Liaison Program and contract liaison with the City of Danville, Director of Administrative Services, is to be maintained through the City. Funding Funding under this contract does not duplicate funding from other sources. Should future funding duplicate the funding under this contract, the invoices to City shall be reduced accordingly by the amount of the duplicate funding. Funding for this contract is provided under the Transportation Development Act, Article 4 .5. ' AL`.�w Alp N" �rr San Ramon Valley Community Center, Inc. P.O. Box 604 • 318 Diablo Road • Danville,CA 94526 • 837-8235 BOARD OF DIRECTORS: August 16 , 1985 ,\ruck:mNlrong Joseph Colrneru Debbie HurJhes Alexander R.mehron Phil Smith Gre!lor!I Tosras Mike Davis , City Manager Tom Wolter Phil Whitehorn City of Danville lIntru'iaL. Wright 542 San Ramon Valley Boulevard '>,rtdSle!,rna't Danville, CA 94526 F,xerurit•e Director lone Franciosu At4 lust As.,ociore Director Dear Mr. Davis , ADVISORS: I)r..%. A Berardino are submitting a bid for Paratransit services Dr.,\.Herrudino Lit trin Best in the San Ramon Valley for October 1, 1985 through Lr.Ho """°" June 30 1986 as follows: 1>r,Itaben HIOU•n / rA•nnis Bushman Bill Cardinale A. Personnel $50455 .50 Joseph Cavan 7 Stater.\I.Cusellucio Jerr!I(.:lifford B . Services and supplies 29 ,016 . 75 Loretta Dina !1111'•I)rrr''l C . Total operating budget 791472 .25 rx)r7 rlhg libbett Fillce D. Less• farebox recovery 12, 375 .00 !tee.Paul Forman N'tllinrl("o, n,(11 E . Less residents subsidy 23 639 . 25 Jorrinn r�uorinuut � !irn r xnharn .Marian Iiashrnurk Itoz Hirsch TOTAL OPERATING COST $43,458.00 leas Jacques l.inrin It�(fenl ? Linda Johnson . t Sincere Krt ly sder•cr i�'/•, Erne l ttw I Charles i.owell Emir L!utrh ' lark\nrzlu(a r7 Tan\rFUrlr'r DAVID STEGMAN Pafrirk J..\li m,dion L ItutialcNarnaro Executive Direc 'r Kett d\ v r„•!' t aui uiu' rmir San Ramon Valley Community Center/ Inc. [X�(ig Offenharrz Kau rkoens Nils Parsons S41ma Hojrtokls Mike Rulrluerhl Owen Srhuwaderer Jo!I Seuerin DIM It.Sledge. firm Stoller ,lack Sletler I irinn Thiessen no!i Whitten tell\thine St1zq Ziegler The current provider is utilizing the following vehicles: 1. One 1981 (9) *passenger Ford bus . This is a 3.6 (b) 2 lift equipped vehicle with one wheel chair tie-down. 2 . One 1981 (12) passenger Wide-One bus. This vehicle was purchased by Contra Costa County with Tr..ansportation. Development Act, Article 4.5 funds and is lift equipped. with (2) wheel chair tie-downs. 3 . The two vehicles listed above are supplemented for back--up or emergency purposes by a 1977 (9) passenger Dodge van. THE OILY VEHICLE THAT WILL BE AVAIU.BLE TO h NEW CONTRACTOR. WILL BE THE "WIDE-ONE." ADDITIONAL VEHICLES REQUIRhD TO PROVIDE THIS SERVICE WILL HAVE TO BE PROVIDED BY THE SUCCESSFUL BIDDER. Transportation Development Act, Article 4 . 5 funds in the amount of approximately $43,458 will be available to oparate this service for a 9-month period. The bid .is to be submitted in the following for-Tile R y A Personnel $50 , 455 . 50 . B Services and Supplies 29 ,0 . C Total Operating..Budget 79 , 472 .25 D Less Farebox Recovery 3___2 , 375 ,00 E Less Residents. Subsidy 23, 639. 25 TOTAL OPERATING COST $43, 458 .00