HomeMy WebLinkAboutOrd.4348.08-06-2012 BILL NO. 12-93 ORDINANCE NO.
AN ORDINANCE ACCEPTING A PERMANENT
UTILITY EASEMENT EXECUTED BY FIRST
PRESBYTERIAN CHURCH OF CAPE GIRARDEAU,
MISSOURI, AT 232 BROADWAY, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City of Cape Girardeau, Missouri,
hereby accepts a Permanent Utility Easement executed by
First Presbyterian Church of Cape Girardeau, conveying to
the City of Cape Girardeau, Missouri, said easement on the
following described real property, to-wit :
THAT PART OF LOTS 7 & 10 IN RANGE "E" OF THE ORIGINAL
CITY OF CAPE GIRARDEAU, COUNTY OF CAPE GIRARDEAU,
STATE OF MISSOURI, DESCRIBED AS FOLLOWS:
Commence at the Southeast Corner of said Lot 7, said
corner being at the Northwest corner of the
intersection of Broadway Street and Spanish Street;
thence with the South line of said Lot and the North
Right of Way line of Broadway Street, North 83043 ' 56"
West, 76. 00 feet, to the point of beginning; thence
continuing with said lines, North 83°43 ' 56" West,
141 . 00 feet; thence leaving said lines, North
06°15 ' 13" East, 10 . 00 feet; thence South 83043 ' 56"
East, 141 . 00 feet; thence South 06015 ' 13" West, 10 . 00
feet, to the point of beginning and containing 1, 410
square feet, more or less .
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval .
40
PASSED AND APPROVED THIS DAY OF , 2012 .
ry E. ediger, Mayor
ATTEST:
ay L. Conrad, ` Citi r
THE NATII
`\�t 18
i
CONTRACT FOR FIXED ROUTE BUS SERVICE
THIS AGREEMENT, made and entered into thiSC241 day of ,S' , 2012,
by and between the City of Cape Girardeau, Missouri, a MunicipW Corporation,
hereinafter referred to as the "City", and the Cape Girardeau County Transit Authority, a
transit authority established pursuant to Section 238.400 of the Revised Statutes of
Missouri, hereinafter referred to as the "CGCTA".
WITNESSETH:
1) This Agreement shall commence of
2013.
2) Beginning July 1, 2012, CGCTA a1 Ord 0,
within the City of Cape Girardeau, Missouri ;b
Friday from 6:00 a.m. to 6:00 p.m., and Sati us
Guide showing additional descriptions of the us
routes, and initial service rates are attached h ;d
herein by reference. CGCTA agrees that funs ill
not be guaranteed for bus routes added without
www.moperm.com
3) CGCTA agrees that each vehicle of _
including a valid Missouri Chauffeur's License, Federal Transit Administration (FTA)
and MoDOT Licenses, and all other applicable federal and state licenses, and shall
conspicuously display such licenses along with a photograph of the operator inside the
passenger compartment of the vehicle that he or she is operating. Each vehicle operator
shall be clean, neat and courteous and shall assist all passengers who require help into
and out of the vehicles, and carry any packages or groceries for said riders. CGCTA shall
make special efforts to provide transportation for handicapped persons, including semi-
ambulatory and wheel chair users, equal to the other riders provided for in the
Agreement. The vehicle and ramp or lift utilized shall conform to the requirements
specified in the Americans with Disabilities Act.
4) In consideration for the services provided as described herein from July 1,
2012 to June 30, 2013, the City agrees to transfer all of its grant allocations under Section
5311 of Chapter 53, Title 49, United States code to the CGCTA and to pay to CGCTA
the sum of One Hundred Ten Thousand Dollars ($110,000.00) as follows:
(a) An initial payment of Twenty-seven Thousand Five Hundred Dollars
($27,500.00) payable upon the execution of this Agreement; and
(b) Additional payments of Twenty-seven Thousand Five Hundred
Dollars ($27,500.00) thereafter on October 10, 2012, January 10,
2013, and April 10, 2013.
5) Any complaints concerning the fixed route bus system received by the City
shall first be referred to CGCTA, and if not satisfactorily resolved at that level, shall be
reviewed by the City Manager or his designee.
6) CGCTA agrees to comply with all applicable Federal, State and City laws and
regulations governing the operation of its business, including the Federal Transit
Administration (FTA) of the U.S. Department of Transportation and Drug and Alcohol
Regulations of 49 CFR, Part 655, and Amended Part 40.
7) CGCTA agrees to maintain its buses and other equipment in safe and good
operating condition at all times.
S) CGCTA agrees to indemnify and save harmless the City, its officers,
employees, agents, servants and assigns from any and all liability, demands, suits or
causes of action which arise out of or result from CGCTA's operations herein. CGCTA
further agrees to provide liability insurance in the minimum amount of One Million
Dollars ($1,000,000.00) per occurrence for bodily injury and for property damage, and
automobile liability insurance in the same amount. Workers' compensation insurance to
protect the contractor against all claims under the Workers' Compensation Law of the
State of Missouri, and employer's liability insurance in an amount of not less than
Twenty-five Thousand Dollars ($25,000.00) per person to protect CGCTA against any
claims which for any reason do not fall under the provisions of the Workers'
Compensation Law. CGCTA will provide the City with Certificates of Insurance for the
insurance coverage required herein.
9) CGCTA shall comply with all laws, ordinances and executive orders relating
to nondiscrimination, and shall not discriminate against any employee or applicant for
employment because of race, creed, color, national origin or sex, and shall not deny the
services to be rendered under this Agreement to any person because of race, creed, color,
national origin, sex or handicap.
10) CGCTA shall not assign all or any portion of this Agreement without prior
written consent of the City.
11) The City shall have the right to terminate this Agreement in the event
CGCTA fails to comply with an of the provisions of this.Agreement or by any act or
omission that violates any term or condition hereof, becomes insolvent, unable or
unwilling to pay its debts, or is adjudged a bankrupt, or attempts to evade any of the
terms of this Agreement, or practices any fraud or deceit on the City or its citizens. The
City may exercise its right of termination by serving notice of such intention to terminate
at least seven (7) days in advance of the effective date of the termination.
12) Whenever under the terms of this Agreement either party shall be permitted
to give notice to the other, such notice shall be in writing, and if to be served on the City,
it shall be deemed served when deposited in the United States Mail, certified, and
addressed to:
City Manager
City Hall
401 Independence, P.O. Box 617
Cape Girardeau, MO 63702-0617
or when handed to the City Manager at City Hall, and if to be served upon CGCTA,
then it shall be deemed served when deposited in the United States Mail, certified, and
addressed to:
Executive Director
Cape Girardeau County Transit Authority
937 Broadway, Suite 200
Cape Girardeau, MO 63701
or when handed to the Executive Director of CGCTA.
13) CGCTA will maintain its central business office and dispatching service in
the City of Cape Girardeau, Missouri and will maintain a local telephone number for
dispatching, scheduling, inquiries and complaints. In addition, at least two (2) of
CGCTA's five (5) person Board of Directors shall be residents of the City of Cape
Girardeau.
14) At least five (5) days prior to each quarterly payment due from the City
herein, CGCTA shall submit to the City a report showing the number of rides initiated in
Cape Girardeau on the fixed route bus system during that quarter. The number of rides
should show the day of the week and fixed route used for the bus service. The City's
receipt of this usage report shall be a condition precedent to any payments due under this
Agreement.
15) CGCTA will submit a copy of its audited financial statements for the fiscal
year ending June30, 2012 to City no later than December 31, 2012.
16) CGCTA will submit the following to the City within 30 days after the end of
each quarter: (1) Depreciation schedule for all vehicles used in providing the fixed route
bus service. Schedule shall include cost of each vehicle, accumulated depreciation, and
amount of grants funds used to purchase the equipment (2) Mileage schedule that shows
the end of quarter mileage for all vehicles used in providing the fixed route bus service
(3) Repair schedule that shows the quarterly repair costs for all vehicles used in providing
the fixed route bus service (4) Labor schedule that shows total man hours used in
operating the fixed route bus system during the quarter (5) A copy of all grant
reimbursement requests submitted during the quarter (6) The amount of financial support
collected from partners located in Cape Girardeau for the bus service and the total
amount of support collected from all parties for the bus service for the quarter.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first above written.
CIT F P GIRARDEAU, MISSOURI
By
co A.e!�'
City Manager
ATTEST:
GIRAL. Conrad, City Clerk
C0 �0
�s
CAPEGIRARDEAU COUNTY TRANSIT
�� W AU ,RITY
0THE unloN By
v
om Mo icki, ecutive Director
— ATTEST:
Name and Title of Signer
STATE OF MISSOURI )
) ss.
County of Cape Girardeau )
On this � day of w , 2012, before me appeared Scott A.
Meyer, to me personally known, who, bein y me duly sworn, did say that he is the City
Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State
of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City
and that the said instrument was signed and sealed in behalf of the City by the authority
of its City Council and acknowledged said instrument to be the free act and deed of the
City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal, at my office in Cape Girardeau, Missouri, the day and year first above
written.
Notary Public
My Commission Expires:
BEUNDAJONES
Notary Public-Notary Seal
State of Missouri
-Commissioned for Cape Girardeau Courttyr
My Commission Exp res:May 14 2016
Commission Number,123040
STATE OF MISSOURI )
ss.
County of Cape Girardeau )
On this � day of 2012, before me appeared Tom
Mogelnicki, to me personally known, who, beiVig by me duly sworn, did say that he is the
Executive Director of the Cape Girardeau County Transit Authority, a transit authority
established pursuant to Section 238.400 of the Revised Statutes of Missouri, and that the
said instrument was signed in behalf of the Cape Girardeau County Transit Authority and
acknowledged said instrument to be the free act and deed of the Cape Girardeau County
Transit Authority.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal at my office the day and year first abov written.
C -A-LA-0-4JA)
6/ry ublic
My Commission Expires:
LORI KLIPFEL
Notary Public-Notary Seal
State of Missouri _
Commissioned for Scott County
My commission Expires:May 14.2016
Commission?tataLm5er:12342305