HomeMy WebLinkAboutORD.2547.06-21-19990 A
BILL NO. 99-139 ORDINANCE NO. a/
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH KELLEY TRANSPORTATION
CO., INC. FOR SUBSIDIZED TRANSPORTATION
COUPON 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 Kelley Transportation Co., Inc. for subsidized
transportation coupon services. A copy of said Contract is
attached to this Ordinance and made a part hereof.
ARTICLE 2. This ordinance shall be
ten days after its passage and approval.
-,Iv
in full force and effect
ASSED AND APPROVED THIS DAY OF
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ATTEST:
wee y, Dep y City Clerk
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This Agreement,
of
Girardeau, Missouri, a
the "City", and Kelley
the State of Missouri,
CONTRACT
made and entered into this day
_, 1999, by and between the City of Cape
Municipal Corporation, hereinafter called
Transportation Co., Inc., a corporation of
hereinafter called the "Company";
WITNESSETH:
In consideration of the mutual covenants and terms contained
herein, the parties agree as follows:
1. This agreement shall commence on July 1, 1999 and
terminate on June 30, 2000.
2. The City will designate by issuance of an
identification card those persons who are subsidized riders. The
City will sell subsidized rider trip coupons to qualified riders.
The taxi driver has the authority to examine the passenger's
transportation identification card.
3. Company agrees to transport each subsidized rider from
any location in the City one way upon presentation of a trip
coupon with no other charge whatsoever.
4. By the 20th day of each month, Company shall submit to
the City all trip coupons and all supplemental coupons collected
during the previous month. The City will redeem all trip coupons
at the rate of $ 4.00 for all trips within the City of Cape
Girardeau not including the Municipal Airport, and at the rate of
$0.0o for all trips to the Cape Girardeau Municipal Airport.
City will pay such amounts to Company by the 10th of each month
for all coupons redeemed by the 20th of the preceding month. For
all trips to the Cape Girardeau Municipal Airport, the Contractor
shall provide the City with the name and address of the person or
persons transported to the Airport under the taxi coupon program.
5. Company agrees to operate taxicab services for the
subsidized rider on a demand -responsive basis, twenty-four (24)
hours per day, seven (7) days per week, and to maintain a
sufficient number of taxicabs on duty at all times to accommodate
both peak and off-peak demand. Company also agrees that each
taxicab operator shall have a valid Missouri Chauffeurs License
and City Taxicab Driver License present in the cab with the
operator at all times during operation of the cab. Each operator
shall also conspicuously display his City Taxicab Drivers License
and photograph inside the passenger compartment of the cab that
he or she is operating. Each operator shall be fingerprinted and
photographed prior to obtaining a City Taxicab Drivers License
from the Cape Girardeau Police Department. Each operator shall
be clean, neat, and courteous, and shall assist all passengers
who require help into and out of the taxicabs, and carry any
packages or groceries for said subsidized riders. The Company
shall make special efforts to provide transportation for
handicapped persons, including semi -ambulatory and wheel -chair
users. Specifically, the Contractor will provide sufficient
wheel chair ramp or lift equipped van(s) or mini-van(s),
including one (1) Federally Funded wheelchair equipped van per
lease agreement with the City of Cape Girardeau for the provision
of transportation services to the wheel -chair bound equal to
other program clients provided for in this contract. The van and
ramp or lift utilized shall conform to those requirements
specified in the American Disabilities Act.
All complaints on the taxicab service received by the
City shall first be referred to the owner/operator of the
Company; and, if not satisfactorily resolved at this level, shall
be reviewed by the City Manager or his designee.
6. Company shall submit records of the number of
subsidized riders at the end of each week to the City.
7. Company 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 Drug and Alcohol
Regulations of 49 CFR, Part 653 and 654.
8. Company agrees to maintain its cabs and equipment in
safe and good operating condition at all times.
9. Company 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 the Company's operation herein. Company
further agrees to provide Liability Insurance in the minimum
amounts of $100,000.00 per person and $1,000,000.00 per
occurrence for bodily injury and for property damage, and
automobile liability insurance in the same amounts. Workmen's
Compensation Insurance to protect the contractor against all
claims under the Workmen's Compensation Law of the State of
Missouri, and Employer's Liability Insurance in an amount of not
less than $25,000.00 per person to protect the contractor against
any claims which for any reason does not fall under the
provisions of the Workmen's Compensation Law. Company will
provide the City with Certificates of Insurance for the insurance
coverage required herein.
10. The Company 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.
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11. Company shall not assign or transfer all or any portion
of this Agreement without prior written consent of the City.
12. City shall have the right to terminate this Agreement
in the event the Company fails to comply with any of the
provisions of this Agreement or by 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 or required to give notice to 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
or when handed to the City Manager at City Hall, and if to be
served upon the Company, then it shall be deemed served when
deposited in the United States Mail certified, and addressed to:
Kelley Transportation Co., Inc.
41 North Sprigg Street
Cape Girardeau, Mo 63701
or when handed to an officer of the Company.
14. The Contract Documents which comprise the entire
agreement between the City and Company consist of the following:
14.1 This Contract.
14.2 Equal Opportunity Certification.
14.3 ADA Certification.
14.4 Instructions to Bidders for Subsidized
Transportation Coupon Services.
14.5 Specifications for Providing Subsidized
Transportation Coupon Services.
14.6 Bid Form - Subsidized Transportation.
14.7 Projected Budget.
14.8 Certificate of Insurance.
14.9 Noncollusion Affidavit.
14.10 Certificate of Compliance with the FTA Drug and
Alcohol Regulations 49 CFR, Part 653 and Part 654,
including written policy statement.
14.11 Lease Agreement for a wheelchair equipped van.
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14.12 Certification of Restrictions on Lobbying.
There are no Contract Documents other than those listed
above in 14.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ATTEST:
Lois J. Tweedy
Deputy City Clerk
ATTEST:
[Typed Name of Signer]
CITY OF CAPE GIRARDEAU, MISSOURI
Michael G. Miller, City Manager
KELLEY TRANSPORTATION CO., INC.
[Typed Name of Signer]
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