HomeMy WebLinkAboutOrd.3938.07-07-2008 BILL NO. 08-103 ORDINANCE NO. 3 9.3C'
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH THE CAPE GIRARDEAU
COUNTY TRANSIT AUTHORITY FOR PUBLIC
TRANSPORTATION SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Contract with Cape Girardeau County Transit Authority for public
transportation services . A copy of said Contract is attached to
this Ordinance and made a part hereof .
ARTICLE 2 . That this Intergovernmental Cooperation
Agreement is subject to the provisions of the Inter Governmental
Cooperation Act, Section 70 . 210 et seq. of the Revised Statutes
of the State of Missouri . The City Clerk is hereby authorized
to file a copy hereof with the Office of the Secretary of State
and the Recorder of Deeds, Cape Girardeau County.
ARTICLE 3 . This Ordinance shall be in full force and effect
ten days after its passage and approval .
PASSED AND APPROVED THIS DAY OF Ac
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Q� Jay Kn✓udtson, Mayor
V
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e Con a , City Clerk
CONTRACT FOR PUBLIC TRANSPORTATION SERVICES
THIS AGREEMENT, made and entered into this �k day of 200&
by and between the City of Cape Girardeau, Missouri, a Municipal Corl5orabroh. 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:
WHEREAS, prior to July, 2006, the lack of a coordinated, county wide transit system
combined with limited regional transit funding resulted in unmet transportation needs in the City
of Cape Girardeau, Missouri, and Cape Girardeau County; and
WHEREAS, on June 15, 2000, the Cape Girardeau County Commission organized the
Cape Girardeau County Transit Authority as a mechanism to address the public transportation
needs of the citizens of Cape Girardeau County; and
WHEREAS, in 2005, the Missouri Department of Transportation (MoDOT)
commissioned a transit needs assessment study to determine the public transportation needs for
the residents of Cape Girardeau County and to obtain recommendations on the best method to
meet those needs; and
WHEREAS, on March 13, 2006, the Cape Girardeau County Commission announced
that the Cape Girardeau County Transit Authority had reached an agreement to purchase the taxi
service business of Kelley Transportation of Cape Girardeau; and
WHEREAS, a Preliminary Cape Girardeau County Transit Needs Assessment Study and
Transit Development Plan dated March 15, 2006, as commissioned by MoDOT, was received by
the Cape Girardeau County Commission, and those findings were formally presented to the Cape
Girardeau City Council at its meeting on July 5, 2006; and
WHEREAS, pursuant to the findings and recommendations of that plan, the Cape
Girardeau County Transit Authority developed a fixed route bus system and a rapid transit
vehicles program to serve the residents of Cape Girardeau, including the citizens of the City of
Cape Girardeau, Missouri; and
WHEREAS, since Kelley Transportation of Cape Girardeau ceased its operations on June
30, 2006, the City of Cape Girardeau has used the money previously allocated as the City's share
of the Taxi Coupon Program to contract with the Cape Girardeau County Transit Authority for
the provision of these transportation services beginning on July 1, 2006: and
WHEREAS, the parties now desire to continue this successful program and the provision
of these important transportation services.
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NOW, THEREFORE, in consideration of the mutual covenants and terms contained
herein, the parties agree as follows:
1. This Agreement shall commence on July I, 2008, and terminate on June 30, 2009.
2. Beginning July 1, 2008, CGCTA agrees to operate a system of taxi cab services
referred to as Rapid Transit Vehicles (RTV's). This RTV system shall operate on a demand-
responsive basis, and also pursuant to 24 hours advanced notice, twenty-four (24) hours per day,
seven (7) days per week and maintain a sufficient number of RTV's on duty at all times to
accommodate both peak and off-peak demand. A copy of a Rapid Transit Vehicle Guide
showing the zones of service, types of service provided, and the initial service rates is attached
hereto as Exhibit "A" and is incorporated herein by reference.
3. Also, beginning July 1, 2008, CGCTA agrees to operate a fixed route bus system
within the City of Cape Girardeau, Missouri. The buses will operate Monday through Friday
from 6:00 a.m. to 6:00 p.m., and Saturday from 9:00 a.m. to 6:00 p.m. A Bus Guide showing
additional descriptions of the program, including paratransit service, bus routes, and initial
service rates are attached hereto as Exhibit `B" and are incorporated herein by reference.
4. CGCTA agrees that each RTV operator shall have all required licenses, 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 RTV 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 this Agreement. The vehicle and ramp or lift utilized shall conform to the requirements
specified in the Americans With Disabilities Act.
5. In consideration for the services provided as described herein from July I, 2008 to
June 30, 2009, the City agrees 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 1, 2008, January 1, 2009, and April 1,
2009.
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6. Any complaints concerning the RTV service or 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.
7. 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.
8. CGCTA agrees to maintain its RTV's, buses, and other equipment in safe and
good operating condition at all times.
9. 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.
10. 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.
11. CGCTA shall not assign all or any portion of this Agreement without prior
written consent of the City.
12. The City shall have the right to terminate this Agreement in the event CGCTA
fails to comply with any 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.
13. 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:
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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.
14. 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.
15. At least ten (10) days prior to each quarterly payment due from the City herein,
CGCTA shall submit to the City a report showing the number of rides given to Cape Girardeau
residents on both the rapid transit vehicle program and the fixed route bus system during that
quarter. The City's receipt of this usage report shall be a condition precedent to any payments
due under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
CITY OF CAPE GIIRARDEAU, MISSOURI
By aG�a
Douglas . Leslie, City Manager
ATTEST:
Gayle aonrad, City Clerk
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B�'AL
CAPE GIRARDEAU COUNTY TRANSIT
AUTHORITY
By
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14om Moyelnicki,gExecute Director
ATTEST:
Name and Title of Signer
STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
On this a%- day of Z-F&-t-Y 2008, before me appeared Douglas K. Leslie, to
me personally known, who, being by 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 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.
aDonna Laub,Notary Public
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STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this /ta& day of f. 2008, before me appeared Tom Mogelnicki, to me
personally known, who, being 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 seal affixed to the foregoing instrument
is the seal of the said authority and the instrument was signed and sealed 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, 1, have hereunto set my hand and affixed my official seal
at my office the day and year first above-written. AA
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Notary Public
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