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Home My WebLink AboutRES.2192.07-05-2006 BILL NO. 06-134 RESOLUTION NO. c��q� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, EXPRESSING AND CONFIRMING SUPPORT FOR THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY' S NEW FIXED ROUTE BUS SYSTEM AND RAPID TFZANSIT VEHICLES PROGRAM WHEREAS, on June 15, 2000, the Cape Girardeau County Commission organized the Cape Girardeau County Transit Authority as a mechanism to begin addressing 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 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 Kelly 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, has now been received by the Cape Girardeau County Commission, and those findings will formally be 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 has developed a fixed route bus system and a rapid transit vehicles program to serve the residents of Cape Girardeau County, including the citizens of Cape Girardeau, Missouri . NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Cape Girardeau, Missouri, that we support the fixed route bus system and rapid transit vehicles program to be initiated and operated by the Cape Girardeau County Transit Authority, and commend the efforts of the Cape Girardeau County Commission and the Cape Girardeau County Transit Authority in working to address the transportation needs of the citizens of Cape Girardeau County and the City of Cape Girardeau. PASSED AND ADOPTED THIS � DAY OF , 20C� . �Z � 4$ o�' � �, y . Knudtson, Mayor m 5 � � �T�BIINI ~ � �'��' �,��x� Gayle L. C ad, City Clerk CONTRACT FOR PUBLIC TRANSPORTATION SERVICES THIS AGREEMENT, made and entered into this��day of r , 2006, by and between the City of Cape Girardeau, Missouri, a Municipal Co ora on, 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, the lack of a coordinated, county wide transit system combined with limited regional transit funding has 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 Kelly 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, has now been 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 has 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 Kelly Transportation of Cape Girardeau ceased its operations on June 30, 2006, the City of Cape Girardeau desires to use the money previously allocated as the City's share of the Taxi Coupon Program to contract with the Cape Girazdeau County Transit Authority for the provision of these newly developed transportation services beginning on July 1, 2006. NOW, THEREFORE, in consideration of the mutual covenants and terms contained herein, the parties agree as follows: 1 1. This Agreement shall commence on July l, 2006, and terminate on June 30, 2007. 2. Beginning July l, 2006, 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. Beginning July 10, 2006, 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 1, 2006 to June 30, 2007, the City agrees to pay to CGCTA the sum of Sixty-nine Thousand Eight Hundred Eighty Dollaxs ($69,880.00) as follows: (a) An initial payment of Seventeen Thousand Four Hundred Seventy Dollars ($17,470.00)payable upon the execution of this Agreement; and (b) Additional payments of Seventeen Thousand Four Hundred Seventy Dollars ($17,470.00)thereafter on October 1, 2006, January 1, 2007, and April 1, 2007. It is understood by all parties that this total payment of Sixty-nine Thousand Eight Hundred Eighty Dollars ($69,880.00) represents the amount budgeted by the City of Cape Girardeau for its share of the former Taxi Coupon Program. 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. 2 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 3 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. 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. .,------�-�,� 4$, �'��-�"ti`^�' �., CITY OF CAPE GIRARDEAU, MISSOURI �` ��~ � o ��`� �;�� B �+ ��; rt` ' y Dou s K. Leslie, City Manager � ��;�� . ; � ,� � ;, � rs�,. � � `� ',;r, �:'�,_.;%• .,'�-'.;t !�..�;�a` � Gayle . Conrad, City Clerk 4 CAPE GIRARDEAU COUNTY TRANSIT ORITY By eff B , xe Director ATTEST: �.�` � . � Name and Title of Signer STATE OF MISSOURI ) ) SS COUNTY OF CAPE GIRARDEAU ) On this I 8�- day of rTc,�.�.y� , 2006, 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. �'-vdt/3c�� aDonna Laub,Notary Public My Commission Expires: LADONA►A irAt�s Nohry Pubtic-Nohry Sed Stak of Misaouri Caunty of Scott My Commission Eapires Aug. 4, 2007 5 . ' v STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this�day of , 2006, before me appeared Jeff Brune, to me personally known, who, being by me ly 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, I, have hereunto set my hand and affixed my official seal at my office the day and year first above-writt n. _ t � Notar ub c My Commission Expires: N �J.w�8 Br�I Cape�,C�'e�+deeta�y� My Commiesion E� MaY 21,2007 6