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HomeMy WebLinkAboutORD.2905.07-02-2001BILL NO. 2001-128 ORDINANCE NO. 6 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 in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS O o DAY OF , 20r)� . -0 ATTEST: A A ; f r'� f GaylW L. Conrad, City Clerk A. Mi. Spradl ing, III, razor CONTRACT This Agreement, made and entered into this day of , 2001, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called the "City", and Kelley Transportation Co., Inc., a corporation of the State of Missouri, 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, 2000 and terminate on June 30, 2002. 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 base rate of $4.50 for all trips within the City of Cape Girardeau not including the Municipal Airport, and at the base rate of $_10.00 for all trips to the Cape Girardeau Municipal Airport, said base rates to be adjustable in accordance with the schedule as set out in Attachment A, attached hereto and incorporated herein by reference. 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 2 1 i 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. 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. 0. Box 617 Cape Girardeau, MO 63702 or when handed to the City Manager served upon the Company, then it deposited in the United States Mail Terrence Kelley 40 N. Sprigg Street Cape Girardeau, MO 63702 at City Hall, and if to be shall be deemed served when certified, and addressed to: 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 Lease Agreement for a wheelchair equipped van. 14.3 Certification of Compliance Charter Service and School Bus Regulations. 14.4 Instructions to Bidders for Subsidized Transportation Coupon Services. 3 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 Certification of Compliance with Drug and Alcohol Misuse Rule for FTA Recipients. 14.10 Certification of Lower -Tier Participants Regarding Debarment, Suspension, and other Ineligiblity and Voluntary Exclusion. 14.11 Certification of Restrictions on Lobbying. 14.12 ADA Certification, Certification of Equivalent Service. 14.13 Certification of Compliance Program Fraud and False or Fraudulent Statements and Related Acts. 14.14 Certification of Compliance Breaches and Dispute Resolution. 14.15 Certification of Compliance, Clean Water Requirements. 14.16 Certification of Compliance, Federal Changes. 14.17 Certification of Compliance, Energy Conservation Requirements. 14.18 Certification of Compliance, Disadvantaged Business Enterprise (DBE). 14.19 Certification of Compliance, Incorporation of Federal Transit Administration (FTA) Terms. 14.20 Compliance with Procurement Provisions of FTA Circular 4220.1 D. 14.21 Compliance with Termination Provision. 14.22 Certification of Compliance with Clean Air. 14.23 Certification of Compliance with Federal Privacy Act Requirement. 14.24 Certification of No Government Obligation to Third Parties. 14.25 State and Local Law Disclaimer. There are no Contract Documents other than those listed above in 14. 4 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: Gayle L. Conrad City Clerk ATTEST: [Typed Name of Signer CITY OF CAPE GIRARDEAU, MISSOURI Michael G. Miller, City Manager [Typed Name of Signer] 5 B ID PROPOSAL CITY OF CAPE GIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 TAX ID 43-6000593 01252 KELLEY TRANSPORTATION COMPANY INC P O BOX 33 CAPE GIRARDEAU, MO 63702-0033 BID OPENING BID # BUYER CONTRACT PHONE FAX FOB PAGE 3:OOPM 04/17/01 I001303 NANCY D POSTON 5733347146 5733357946 1 The City of Cape Girardeau is soliciting bids for transportation service for the period beginning 07/01/01 and ending 06/30/02 per enclosed specifications. Please complete all forms and sign where required. Return all forms in a sealed envelope to Nancy D. Poston at 401 Independence St., Cape Girardeau MO 63703-6224 -------------------------------------------------------------------------------- COMMODITY CODE QUANTITY UNIT UNIT PRICE EXTENSION STOCK # LINE # DESCRIPTION SHIP DATE -------------------------------------------------------------------------------- 1. 000/ TRANSPORTATION SERVICE FROM 07/01/01 TO 06/30/02 ALTERNATE: VENDOR TAX ID IS 43-0770087 (THIS IS THE NUMBER USED ON EMPLOYER'S QUARTERLY TAX RETURN, U. S. TREASURY DEPT. FORM 941 - FOR U.S. VENDORS ONLY). THIS BID IS SUBMITTED BY ADDENDA RECEIVED NO DATE NO DATE NO DATE COMPANY _ ADDRESS _ CITY _ SIGNED TYPED TITLE TELEPHONE NO KELLEY TRANSPORTATION COMPANY INC P O BOX 33 rAPR clT DEAU._Me--Z- 02-0033 Terrence Kelley President (5731 334-4566 DATE 4/17/01 CITY OF CAPE GIRARDEAU, MISSOURI INSTRUCTIONS TO BIDDERS For Subsidized Transportation Coupon Services Each bid shall be legibly written or printed in ink, on the bid form. No alterations in bids, or in the printed forms therefore, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the bidder; if initialed, the City of Cape Girardeau may require the bidder to identify any alteration so initialed. No alteration in any bid, or in the bid form on which it is submitted shall be made by the person after the bid has been submitted by the bidder. Any and all addenda to the contract Documents on which a bid is based, properly signed by the bidder, shall accompany the bid when submitted. Each bid submitted shall be enclosed in a sealed envelope, addressed to the City of Cape Girardeau, P. O. Box 617, Cape Girardeau, MO 63702, identified on the outside with the bid number and the words Transportation Program. 2. Each bidder shall complete all forms enclosed with the bid, furnish all information required and sign where signature is indicated. 3. Each bidder shall carefully examine the Specifications, and other Contract Documents, and fully inform himself of all conditions affecting the service or cost thereof, and shall be presumed to have done so and his bid shall be based upon his conclusions from such examination. Each bidder shall inform himself concerning all Federal, State, and local laws, ordinances and regulations which may in any manner affect his proposed operations of transportation services. Should a bidder find discrepancies in, or omissions from, the Specifications or other Contract Documents, he should notify the City of cape Girardeau and obtain clarification or interpretation prior to submitting any bid. Any interpretation of the proposed Contract Documents will be made only by addendum duly issued and a copy of such addendum will be mailed or delivered to each person obtaining a set of such documents from the City of Cape Girardeau. The City of Cape Girardeau will not be responsible for any other explanation or interpretation of the proposed contract documents. 4. No bidder may submit more than one bid. Two bids under different names will not be received from firm or association. 5. No bidder may withdraw his bid for a period of thirty (30) days after the date and hour set for the opening herewith. A bidder may withdraw his proposal at any time prior to the expiration of the period during which bids may be submitted, by written request of the same persons who signed the bid. 6. The City of Cape Girardeau reserves the right to accept the bid, which in its judgment, is the lowest and best bid; to reject any or all bids; and to waive irregularities or informalities in any bid submitted. Bids received after the specified time of closing will be returned unopened. 7. Attention of bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin. CITY OF CAPE GIRARDEAU SPECIFICATIONS FOR PROVIDING SUBSIDIZED TRANSPORTATION COUPON SERVICES The purpose of these general conditions is to specify the requirements for providing a subsidized transportation coupon program for the general public within the City of Cape Girardeau, Missouri. 2. The City of Cape Girardeau, Missouri proposes to carry out a public transportation program inside the city limits, including the Municipal Airport, whereby the City of Cape Girardeau will establish an outlet where program participants will be able to purchase trip coupons. The City of Cape Girardeau will subsidize no more than a specified amount of trip coupons during the project year. This amount will be determined after notification of final grant award. It serves as no guarantee to the successful bidder on level of ridership or revenue. The City of Cape Girardeau will only pay for those coupons redeemed for taxi rides. Outstanding coupons will not be redeemable thirty (30) days after the close of the project year. 3. The City of Cape Girardeau, Missouri will maintain a list of coupons purchased, including coupon numbers, name of the purchaser, address of the purchaser, and the amount paid. 4. A trip coupon will entitle the holder to one one-way trip which must originate and terminate within the city limits of Cape Girardeau. More than one destination will constitute a separate trip for each destination reached. 5. At the time the trip is taken, the holder of the coupon will surrender the coupon to the driver. The contractor will surrender coupons collected from passengers to the City of Cape Girardeau for reimbursement at the contract unit price per coupon. One contract unit price shall be for trips in the City that do not include the Municipal Airport and another contract unit price shall be for trips to the Cape Girardeau Municipal Airport. 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. 6. Coupons may not be used for waiting time, tips, assistance with merchandise, or for deliveries of merchandise. 7. The contractor will be required to furnish all labor, vehicles, (except for one (1) handicap equipped van to be provided by the City of Cape Girardeau with Federal Funding), equipment, insurance, supervision, and all other items incidental thereto, and all work necessary to provide the required transportation services. 8. The contractor will at all times observe and comply with all federal and state laws, local laws, ordinances, orders and regulations. 9. The Contractor will 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 Public Liability Insurance in the minimum amounts of $300,000.00 per person and er occurrence for bodily injury and or property damage, 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. Contractor will provide the City with Certificates of Insurance for the insurance coverage required herein. V5ae Certif=icate of Liability Insurance attached hereto. 10. The Contractor will obtain and pay for all necessary permits and licenses required to carry out the work under this contract and will be a licensed taxi operator in accordance with Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri. 11. All drivers shall have a valid Missouri Chauffeur's License. 12. The Contractor will be required to operate 24 hours a day, seven days a week. 13. The Contractor agrees to accept the coupons for value of the contract unit price per one way trip. 14. Drivers shall be clean, neat and courteous, and shall assist all passengers who require help into and out of taxicabs. 15. The Contractor shall submit subsidized ridership and cost data at the end of each month to the City of Cape Girardeau, Missouri. 16. The Contractor must be qualified by experience, have adequate financing and equipment to perform the work called for by the contract. 17. The Contractor will be required to 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 -vans) for the provision of transportation services to the wheelchair bound equal to other program clients provided for in this contract. Plus a separate lease agreement with the City of Cape Girardeau for one (1) wheelchair equipped van, to be used exclusively for this Chapter 5311 Program. The van and ramp or lift utilized shall conform to those requirements specified in the American Disability Act. As part of this bid, the Contractor will complete attached ADA certification. 18. If the Contractor fails to begin work within the time specified, persistently disregards laws, ordinances or regulations, or repeatedly fails to provide adequate service, or discontinues service without authorization by the City of Cape Girardeau, Missouri, or becomes insolvent or declares bankruptcy, or commits any act of bankruptcy or insolvency, such actions or omissions shall be considered a breach of contract, in which event the City of Cape Girardeau, shall give the Contractor notice, and if the Contractor does not remedy the breach within ten days, the City of Cape Girardeau, shall have authority to take over the work by any method required for the completion of the contract in an acceptable manner. In the event it should become necessary for the City of Cape Girardeau to take over the services provided for in the contract, the Gentfeetef he liable fef all easts and expenses imetfffed by the Gity of Gape Gifardeau pr-eviding --such - 19. From July 1, 2001, forward, the Contractor shall comply with all terms of the Federal Transit Administration (FTA) of the U. S. Department of Transportation Drug and Alcohol Regulations of 49 CFR, Part 653 and Part 654. As part of this bid, the Contractor will include a written policy outlining compliance with the Drug and Alcohol Regulations and complete the attached Certification of Compliance For FTA The Departments. Drug and alcohol testing summary results will be submitted to the City on June 30, 2002. 20. The Contractor 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. As part of this bid, Contractor will complete attached equal opportunity certification. 21. Contractor will complete and submit attached projected budget for contract year. 22. The City of Cape Girardeau anticipates that the project will begin on or about July 1, 2001 and conclude on June 30, 2002. 23. The proposed contract is attached hereto by reference. PROJECTED BUDGET 3 1. Make and Year 2. Expected Annual Mileage 3. Vehicle Miles Per Gallon 4. 5. 3. 4. Annual Maintenance Cost Annual Miscellaneous List Miscellaneous Items. Vehicle 1 Vehicle 2 Vehicle 9/Ford Aerostar Vans - 187, 188, 189 190, 192, 2-193 6 2-194 1/Ford Taurus - 190 1/Chevy Van - '92 Annual insurance costs _$ 55,500 Expected number of one-way passenger trips 80,000 Annual personnel costs Other costs (list) 5. Fare Schedule 6. Do you anticipate purchasing any vehicles during the next fiscal year? yes 7. Indicate source of information or method of estimation. 8. Include hours service is to be offered. 24 hours / 7 days a week BID FORM - SUBSIDIZED TRANSPORTATION Proposal of: Kelley Transportation Co., Inc. prigg bt. ape Girardeau, MO 63701 (b73J 334-4566 (Company Name) (Address) (Telephone Number) organized and existing under the laws of the State of doing business as Kelley Transportation Co. Inc. (corporation, partnership or sole proprietorship). Missouri To the City of Cape Girardeau, Missouri, hereinafter called "City". In accordance with your Specifications For Providing Subsidized Transportation Coupon Service, we hereby propose to furnish all of the labor, equipment and materials necessary to provide taxi coupon services, for the City of Cape Girardeau, Missouri, in strict compliance with the provisions contained in the document entitled "Specifications For Providing Subsidized Transportation, Coupon Service", Dated April 17 , 2001, within the time set forth therein and at the price stated herein. The following attachments, lists, or exhibits are made a part of this Bid: Certificate of Insurance from Gateway Underwriters Agency, Inc Certificate of Insurance from National Indemnity Company Attachment A TOTAL BID: 1. 2. Cost to City per Trip Coupon not including trips to the airport: $ 4.50 SIC Cost to City per Trip Coupon for trips to the Cape Girardeau Municipal Airport: $ Submitted 10.00* By. By: (If Corporation, the esident and Secretary should both (If Partnership, all General Partners should sign) [SEALi ATTACH DETAILED ITEMIZED BID SHEETS Submit Bids to: :�C See Attachment A sign) Finance Department Purchasing Office 401 Independence P. O. Box 617 Cape Girardeau, Missouri 63702 BID OPENING TO BE HELD IN THE PURCHASING CONFERENCE ROOM ON CONTRACT This Agreement, made and entered into this 17th day of April , 2001, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called the "City", and Kelley Transportation Co., Inc. " a corporation of the State of Missouri, 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, 2001 and terminate on June 30, 2002. 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 $ 4.50 *K for all trips within the City of Cape Girardeau not including the Municipal Airport, and at the rate of $ 10.00)K 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 .�K See Attachment A 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 -$199,999.99 per person and 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. 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 �% See Certificate of Liability Insurance attached hereto. 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: Terrence Kelley 41 N. Sprigg St. 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 Lease Agreement for a wheelchair equipped van. 14.3 Certification of Compliance Charter Service and School Bus Regulations. 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 Certification of Compliance with Drug and Alcohol Misuse Rule for FTA The Departments. 14.10 Certification of Lower -Tier Participants Regarding Debarment, Suspension, and other Ineligiblity and Voluntary Exclusion. 14.11 Certification of Restrictions on Lobbying. 14.12 ADA Certification, Certification of Equivalent Service. 14.13 Certification of Compliance Program Fraud and False or Fraudulent Statements and Related Acts. 14.14 Certification of Compliance Breaches and Dispute Resolution. 14.15 Certification of Compliance, Clean Water Requirements. 14.16 Certification of Compliance, Federal Changes. 14.17 Certification of Compliance, Energy Conservation Requirements. 14.18 Certification of Compliance, Disadvantaged Business Enterprise (DBE). 14.19 Certification of Compliance, Incorporation of Federal Transit Administration (FTA) Terms. 14.20 Compliance with Procurement Provisions of FTA Circular 4220.1 D. 14.21 Compliance with Termination Provision. 14.22 Certification of Compliance with Clean Air. 14.23 Certification of Compliance with Federal Privacy Act Requirement. 14.24 Certification of No Government Obligation to Third Parties. 14.25 State and Local Law Disclaimer. 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: Gayle L. Conrad City Clerk ATTEST: Kim rly A. elley (Typed Name of Signer] CITY OF CAPE GIRARDEAU, MISSOURI Michael G. Miller, City Manager Kelley Transportation Co., Inc. Terrence Kelley (Typed Name of Signer] LEASE AGREEMENT This agreement is made and entered into this 17th day of April 1 20 01 'between the CITY OF CAPE GIRARDEAU, MISSOURI, hereinafter referred to as "Lessor, and Kelley Transportation Co., Inc., hereinafter referred to as Lessee. Lessor hereby leases the vehicle identified below to Lessee subject to the terms and conditions as set forth herein to provide specialized transportation exclusively for the taxi coupon customers. 1. The term of this Lease shall be for one (1) year commencing on July 1, 2001, and ending on June 30, 2002. 2. Lessee agrees to pay Lessor the sum of One Dollar ($1.00). 3. The vehicle will be used, maintained and repaired by the Lessee in accordance with the existing rules and regulations of the Lessee. 4. During the Lease, any lettering on the exterior of the vehicle shall be done only upon mutual agreement of Lessor and Lessee. 5. Normal operating costs, vehicle maintenance and upkeep will be the responsibility of the Lessee. 6. Vehicle shall be returned to the Lessor at the termination of the Lease in the same condition as received except for normal usage. 7. Lessee will provide insurance coverage on the vehicle vr with limits as follows: Bodily Injury and Property Damage Single Limit Liability Coverage. Lessee will furnish Lessor an insurance certificate showing the City of Cape Girardeau, Missouri, as additional insured. 8. Lessor grants Lessee the right to install on the vehicle any safety equipment required under the rules and regulations of the Lessee. Such safety equipment shall remain the property of the Lessee. Lessor shall have the option to purchase said safety equipment upon termination of the Lease. 9. Lessee will not be responsible for any preexisting mechanical condition of the vehicle as mutually determined by inspection at the Lease inception and agreed upon in writing as attached hereto. 10. Lessee will not be held responsible for any depreciation during the Lease period. See Certificate of Liability Insurance attached hereto. 11. Lessor is responsible for licensing the vehicle, the cost of which will be reimbursed by Lessee. 12. Termination or cancellation of this Lease during the term of the Lease as stated herein is possible only by mutual consent of the Lessor and Lessee except as follows: a. Lessee will have the option to cancel this Lease upon thirty (30) days written notice should lessee become financially unable to provide funds for the operation of the vehicle. b. Lessor will have the option to cancel this Lease upon thirty (30) days written notice should the Lessee fail to provide transportation in accordance with this agreement. Failure of the Lessee to provide transportation as outlined herein, due to any mechanical failure of the vehicle or the vehicle being out of service for repair will not constitute cause for termination. 13. The Lessee shall sign all ADA Certification that they meet all requirements of the American With Disabilities Act, including level and quality of service equivalent to the services offered to individuals without disabilities. 14. This agreement contains the entire understanding of the parties hereto with respect to all matters and things herein mentioned and referred to. VEHICLE IDENTIFICATION: ATTEST: Gayle L. Conrad City Clerk CITY OF CAPE GIRARDEAU, MISSOURI Michael G. Miller, City Manager Kelley Transportation Co., Inc. Terrence e ley 9r esi ent CERTIFICATION OF COMPLIANCE CHARTER SERVICE AND SCHOOL BUS REGULATIONS 49 CFR Part 605 School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, the Departments and subthe Departments of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, the Departments and subthe Departments may not use federally funded equipment, vehicles, or facilities. 49 U.S.C.5323(d) 49 CPR Part 604 Charter Service Operations - The Applicant agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that the Departments and subthe Departments of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. President Title 4-17-01 Date CERTIFICATION OF COMPLIANCE WITH DRUG AND ALCOHOL MISUSE RULE FOR FTA RECIPIENTS 49 CFR part 653 and part 654 DATE: April 17, 2001 Missouri Department of Transportation Attention: Transit P. O. Box 270 Jefferson City, MO 65102 1, Terrence Kelley President certify (Name) (Title) that Kelley Transportation Co., Inc. we have established and implemented an anti drug program and have conducted employee training complying with the requirements of 49 CFR part 653; and that we have no employees regulated by the U.S. Federal Railroad Administration (FRA). 1, Terrence Kelley President (Name) (Title) further certify that we have established and implemented and alcohol misuse prevention program complying with the requirements of 49 CFR part 654, and that we have no employees regulated by the Federal Railroad Administration (FRA). Signature President Title April 17, 2001 Date CERTIFICATION OF LOWER -TIER PARTICIPANTS REGARDING DEBARMENT, SUSPENSION, AND OTHER INELIGIBILITY AND VOLUNTARY EXCLUSION The Primary Participant submittingthis application under FTA assistance, Kelley Transportation Co., Inc. , certifies, by admission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. The Lower -Tier Participant (potential sub -grantee or sub -recipient under an FTA project, potential third party contractor, or potential subcontractor under a major third party contract) , certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification and understands that the provisions of 31 U.S.C. Section 3801 et seq. are applicable thereto. Signature of Primazfy)Participant The undersigned chief legal counsel for the Kelley Transportation Co., Inc. hereby certifies that the City of Cape Girardeau, Missouri, has authority under State and Local law to comply with the subject assurances and that the certification above has been legally made. wv Ii. ��i _VWR --/7 -6/ Date CERTIFICATION OF RESTRICTIONS ON LOBBYING ITerrence Kelley, President hereby certify on behalf of the (name and titlle of grantee official] Kelley Transportation Co., Inc. (name of grantee) (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any persons for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of congress in connection with the awarding of any Federal contract, the making of any Federal grant, the agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any agency, a Member of Congress, or an officer in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (3) The undersigned shall require that language of this certification be included in the award documents for all subawards at all tiers, (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Applicant, Kelley Transportation Go., Inc. , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Applicant understands and agrees that the provisions of 31 U.S.C. A3801, et seq., apply to this certification and disclosure, if any. Signature of Authorized/'04ficial Terrence Kelley, President Name and Title of Authorized Official April 17, 2001 Date ADA CERTIFICATION Certification of Equivalent Service The City of Cape Girardeau, Missouri, certifies that its demand responsive service offered to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the level and quality of service offered to individuals without disabilities. Such service, when viewed in its entirety, is provided in the most integrated setting feasible and is equivalent with respect to: 1. Response time, 2. Fares, 3. Geographic service areas, 4. Hours and days of service, 5. Restrictions on trip purpose, 6. Availability of information and and, reservation capability, 7. Constraints on capacity or service availability. In accordance with 49 CFR 37.77, public entities operating demand responsive systems for the general public which receive financial assistance under Chapter 53 of Title 49, United States Code must file this certification with the appropriate state program office before procuring any inaccessible vehicle. Such public entities not receiving any Federal Transit Administration (FTA) funds shall also file the certification with the appropriate state program office. Such public entities receiving FTA funds under Chapter 53 of Title 49, United States Code must file the certification with the appropriate FTA regional office. This certification is valid for no longer than one year from its date of filing. Terrence Kelley (Name of Official] [Signature] President (Title] April 17, 2001 [Date] CERTIFICATION OF COMPLIANCE PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Program Fraud and False or Fraudulent Statements or Related Acts. (1) The Applicant acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et sem. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Applicant certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Applicant further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Applicant to the extent the Federal Government deems appropriate. (2) The Applicant also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Applicant, to the extent the Federal Government deems appropriate. (3) The Applicant agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by PTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. President Title April 17, 2001 Date CERTIFICATION OF COMPLIANCE BREACHES AND DISPUTE RESOLUTION 49 CFR Part 18 FTA Circular 4220.11) Applicability to contracts All contracts in excess of $100,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flnw Down The Breaches and Dispute Resolutions requirements flow down to all parties. Model Clause •anquase FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA third party contracts. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of (Applicant)'s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision. Performance During Dispute - Unless otherwise directed by (Applicant), Contractor shall continue performance under this Contract while matters in dispute are being resolved. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Applicant) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Applicant) is located. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Applicant), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Signature President Title April 17, 2001 Date CERTIFICATION OF COMPLIANCE CLEAN WATER REQUIREMENTS 33 U.S.C. 9251 Clean Water - (1) The Applicant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Applicant agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Applicant also agrees to include subcontract exceeding $100,000 financed Federal assistance provided by FTA. ignature President Title April 17, 2001 Date these requirements in each in whole or in part with CERTIFICATION OF COMPLIANCE FEDERAL CHANGES 49 CFR Part 98 Federal Changes - Applicant shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (2) dated October, 1995) between Purchaser and FTA , as they may be amended or promulgated from time to time during the term of this contract. Applicant's failure to so comply shall constitute a material breach of this contract. Signature President Title April 17, 2001 Date CERTIFICATION OF COMPLIANCE ENERGY CONSERVATION REQUIREMENTS 49 CFR Part 18 42 U.S.C. 6321 et seq. Energy Conservation - The applicant agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Signature President Title April 17, 2001 Date CERTIFICATION OF COMPLIANCE DISADVANTAGED BUSINESS ENTERPRISE (DBE) 49 CFR Part 23 Disadvantaged Business Enterprise Provision 1. The Federal Fiscal Year goal has been set by (name of grantee) in an attempt to match projected procurements with available qualified disadvantaged businesses. City of Cape Girardeau, Missouri, goals for budgeted service contracts, bus parts, and other material and supplies for Disadvantaged Business Enterprises have been established by City of Cape Girardeau, Missouri, as set forth by the Department of Transportation Regulations 49 C.F.R. Part 23, March 31, 1980, and amended by Section 106(c) of the Surface Transportation Assistance Act of 1987, and is considered pertinent to any contract resulting from this request for proposal. If a specific DBE goal is assigned to this contract, it will be clearly stated in the Special Specifications, and if the applicant is found to have failed to exert sufficient, reasonable, and good faith efforts to involve DBE's in the work provided, City of Cape Girardeau, Missouri, may declare the Applicant noncompliant and in breach of contract. If a goal is not stated in the Special Specifications, it will be understood that nn specific goal is assigned to this contract. (a) Policy - It is the policy of the Department of Transportation and City of Cape Girardeau, Missouri, that Disadvantaged Business Enterprises, as defined in 49 CFR Part 23, and as amended in Section 106(c) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, shall have the maximum opportunity to participate in the performance of Contract financed in whole or in part with federal funds under this Agreement. Consequently, the DBE requirements of 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, apply to this Contract. The Applicant agrees to ensure that DBEs as defned in 49 CFR Part 23 and Section 106(c) of the STURAA of 1987, have the maximum opportunity to participate in the whole or in part with federal funds provided under this Agreement. In this regard, the Applicant shall take all necessary and reasonable steps in accordance with the regulations to ensure that DBEs have the maximum opportunity to compete for and perform subcontracts. The Applicant shall not discriminate on the basis of race, color, national origin, religion, sex, age or physical handicap in the award and performance of subcontracts. It is further the policy of City of Cape Girardeau, Missouri, to promote the development and increase the participation of businesses owned and controlled by disadvantaged. DBE involvement in all phases of City of Cape Girardeau, Missouri, procurement activities are encouraged. (b) DRE obligation - The Applicant and its subcontractors agree to ensure that disadvantaged businesses have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with federal funds provided under the Agreement. In that regard, all Contractors and subcontractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 23 as amended, to ensure that minority business enterprises have the maximum opportunity to compete for and perform contracts. (c) Where the Applicant is found to have failed to exert sufficient reasonable and good faith efforts to involve DBE's in the work provided, City of Cape Girardeau, Missouri, may declare the applicant noncompliant and in breach of contract. (d) The Applicant will keep records and documents for a reasonable time following performance of this contract to indicate compliance with City of Cape Girardeau, Missouri, DBE program. These records and documents will be made available at reasonable times and places for inspection by any authorized representative of City of Cape Girardeau, Missouri, and will be submitted to City of Cape Girardeau, Missouri, upon request. (e) City of Cape Girardeau, Missouri, will provide affirmative assistance as may be reasonable and necessary to assist the prime applicant in implementing their programs for DBE participation. The assistance may include the following upon request: * Identification of qualified DBE * Available listing of Minority Assistance Agencies * Holding bid conferences to emphasize requirements 2. DBE Program Definitions, as used in the contract: (a) Disadvantaged business "means a small business concern": i. Which is at least 51 percent owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and ii. Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. or iii. Which is at least 51 percent owned by one or more women individuals, or in the case of any publicly owned business, at least 51 % of the stock of which is owned by one or more women individuals; and iv. Whose management and daily business operations are controlled by one or more women individuals who own it. (b) "Small business concern" means a small business as defined by Section 3 of the Small Business Act and Appendix B - (Section 106(c)) Determinations of Business Size. (c) "Socially and economically disadvantaged individuals" means those individuals who are citizens of the United States (or lawfully admitted permanent residents) and States (or lawfully admitted permanent residents) and who are black Americans, Hispanic Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, or women, and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to section 8(a) of the Small Business Act. i. "Black Americans", which includes persons having origins in any of the Black racial groups of Africa; ii. "Hispanic Americans", which includes persons of Mexican, Puerto Rican, Cuba, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race; iii. "Native Americans", which includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians; iv. "Asian -Pacific Americans", which includes persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of Pacific, and the Northern Marianas; v. "Asian -Indian Americans", which includes persons whose origins are from India, Pakistan, and Bangladesh Signature President Title April 17, 2001 Date CERTIFICATION OF COMPLIANCE INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.11) Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 D, dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Applicant shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. Signature - '— IZZ/ President Title April 17, 2001 Date COMPLIANCE WITH PROCUREMENT PROVISIONS OF FTA CIRCULAR 4220.1 D The applicant certifies that its procurements and procurement system will comply with all applicable requirements imposed by Federal laws, executive orders, or regulations and the requirements of FTA circular 4220.1 D, "Third Party Contracting Requirements," and other implementing requirements FTA may issue. The Applicant certifies that it will include in its contracts financed in whole or in part with FTA assistance all clauses required by Federal laws, executive orders, or regulations, and will ensure that each subrecipient and each applicant will also include in its subagreements and contracts financed in whole or in part with FTA assistance all applicable clauses required by Federal laws, executive orders, or regulations. President Title April 17, 2001 Date COMPLIANCE WITH TERMINATION PROVISION 49 U.S.C. Part 18 FTA Circular 4220.11) a. Termination for Convenience (General Provision) The Missouri Department of Transportation (the "Department") may terminate this contract, in whole or in part, at any time by written notice to the Applicant when it is in the Government's best interest. The Applicant shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Applicant shall promptly submit its termination claim to the Department to be paid the Applicant. If the Applicant has any property in its possession belonging to the Department, the Applicant will account for the same, and dispose of it in the manner the Department directs. b. Termination for Default [Breach or Cause] (General Provision) If the Applicant does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Applicant fails to perform in the manner called for in the contract, or if the Applicant fails to comply with any other provisions of the contract, the Department may terminate this contract for default. Termination shall be effected by serving a notice of termination on the applicant setting forth the manner in which the Applicant is in default. The applicant will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Department that the Applicant had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Applicant, the Department, after setting up a new delivery of performance schedule, may allow the Applicant to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure (General Provision) The Department in its sole discretion may, in the case of a termination for breach or default, allow the Applicant [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Applicant fails to remedy to the Department's satisfaction the breach or default or any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Applicant or written notice from the Department setting forth the nature of said breach or default, the Department shall have the right to terminate the Contract without any further obligation to Applicant. Any such termination for default shall not in any way operate to preclude the Department from also pursuing all available remedies against Applicant and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the Department elects to waive its remedies. for any breach by Applicant of any covenant, term or condition of this Contract, such waiver by the Department shall not limit the Department's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The Department, by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Department shall b. liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Applicant fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Applicant fails to comply with any other provisions of this contract, the Department may terminate this contract for default. The Department shall terminate by delivering to the Applicant a Notice of Termination specifying the nature of the default. The Applicant will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract. If, after termination for failure to fulfill contract obligations, it is determined that the Applicant was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. g. Termination for Default (Transportation Services) If the Applicant fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Applicant fails to comply with any other provisions of this contract, the Department may terminate this contract for default. The Department shall terminate by delivering to the Applicant a Notice of Termination specifying the nature of default. The Applicant will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Applicant has possession of the Department goods, the Applicant shall, upon direction of the Department, protect and preserve the goods until surrendered to the Department or its agent. The Applicant and the Department shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Applicant was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. h. Termination for Default (Construction) If the Applicant refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Applicant fails to comply with any other provisions of this contract, the Department may terminate this contract for default. The Department shall terminate by delivering to the Applicant a Notice of Termination specifying the nature of the default. In this event, the Department may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. -fes�fyt- the Applieent'g fefusal of failtire to complete the work within spe if" Of not the Applieen PepawneRt iR eemple#+R@ the wwlk. The Applicant's right to proceed shall not be terminated nor the Applicant charged with damages under this clause if - 1 . the delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Applicant. Examples of such causes include: acts of God, acts of the Department acts of anther Applicant in the performance of a contract with the Department, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. the applicant, within (10] days from the beginning of any delay, notifies the Department in writing of the causes of delay. If in the judgment of the Department, the delay is excusable, the time for completing the work shall be extended. The judgment of the Department shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Applicant's right to proceed, it is determined that the Applicant was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Department. i. Termination for Convenience or Default (Architect and Engineering) The Department may terminate this contract in whole or in part, for the Department's convenience or because of the failure of the Applicant to fulfill the contract obligations. The Department shall terminate by delivering to the Applicant a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Applicant shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Department, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Applicant to fulfill the contract obligations, the Department may complete the work by contact or otherwise and the Applicant shall be liable for any additional cost incurred by the Department. If, after termination for failure to fulfill contract obligations, it is determined that the Applicant was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. j. Termination for Convenience of Default (Cost -Type Contracts) The Department may terminate this contract, or any portion of it, by serving a notice or termination on the Applicant. The notice shall state whether the termination is for convenience of the Department or for the default of the Applicant. If the termination is for default, the notice shall state the manner in which the applicant has failed to perform the requirements of the contract. The Applicant shall account for any property in its possession paid for from funds received from the Department, or property supplied to the Applicant by the Department. If the termination is for default, the Department may fix the fee, if the contract provides for a fee, to be paid the applicant in proportion to the value, if any, of work performed up to the time of termination. The Applicant shall promptly submit its termination claim to the Department and the parties shall negotiate the termination settlement to be paid the Applicant. If the termination is for the convenience of the Department, the Applicant shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the Department determines that the Applicant has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the applicant, the Department, after setting up a new work schedule, may allow the Applicant to continue work, or treat the termination as a termination for convenience. President Title April 17, 2001 Date CERTIFICATION OF COMPLIANCE WITH CLEAN AIR 42 U.S.C. 7401 et seq 40 CFR 15.61 49 CFR Part 18 Clean Air - (1) The Applicant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et sec . The Applicant agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Applicant also agrees to include subcontract exceeding $100,000 financed Federal assistance provided by FTA. signature these requirements in each in whole or in part with '(1()(gx;KX0:k1(%XMX1XX4XXX -President Title C�XLXXXX��C April 17, 2001 Date CERTIFICATION OF COMPLIANCE WITH FEDERAL PRIVACY ACT REQUIREMENTS 5 U.S.C. 552 Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Applicant and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Applicant agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. S 552a. Among other things, the Applicant agrees to obtain the express consent of the Federal Government before the Applicant or its employees operate a system of records on behalf of the Federal Government. The Applicant understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2) The Applicant also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. Signature President Title April 17, 2001 Date CERTIFICATION OF NO GOVERNMENT OBLIGATION TO THIRD PARTIES No Obligation by the Federal Government. (1) The Purchaser and Applicant acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Applicant, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Applicant agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. Signature President Title April 17, 2001 Date ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(A%hC/Dtj/YY.),' M 04/17/2001 PRODUCER (S73)33S-2300 FAX (573)335-0117 I HIS CERTIFICATE 15 ISSUED ASA MATTER Of- INI-URMA I IUN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Capital Insurance & Associates HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 326 South Broadview ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1779 INSURERS AFFORDING COVERAGE Cape Girardeau, MO 63703 INSURED Kelley Transportation Company INSURER A: National Indemnity Company 41 North Sprigg Street INSURER B: Cape Girardeau, MO 63702-0000 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ CLAIMS MADE a OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO LOC —]1ECT AUTOMOBILE LIABILITY ANY AUTO 70 APN 14 17 79 10/21/2000 10/21/2001 COMBINED SINGLE LIMIT $ (Ea accident) 350,000 BODILY INJURY $ (Per person) X ALL OWNED AUTOS SCHEDULED AUTOS A HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR El CLAIMS MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION AND TORY LIMITS I JUER' E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS C LK I WIGA I t HULUtK I I ADDITIONAL INSURED; INSURER LETTER L11u1d%1«-v1' Imo" City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOT SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE C ANY, S AGENTS OR REPRESENTPTIVES. Lov We I w M +I i� POLICY #70 APN 16 18 34 INSURED—KELLEY TRANSPORTATION COMPANY, INC. SCHEDULE OF COVERED AUTOS M-4959 (11/ EFFECTIVE DATE 10/21/2000 12:01 i Veh Make Y �yy1 ID (I) No. GM Serial (S) No. Use Motor (M) No. Oar (C'S or Teri or A Radius Seating Oar City,State Capacity Premiums Physical Damage Liab VM/VZl[ NO- lault )bed Ply Add1 Znsd In Tow Othnr Limit Stat Amount or ACV S Seco Cause of LossCol) C Cospraheasiw Deduct Premium Deduct 2 1995 DOD(iL VXN W/L1rT 570564 227 50 6 SL7►TS CAPL OIRARDLXU, 1,600 31 12,000 S 250 ZNCS S00 Premium for Ladorsements M-4959 (11/1999) Original - MO 1.107-110/31, ATTACHMENT A BID # 1001303 IF WEEKLY AVERAGE GAS PRICE IS 1.350 1.375 1.400 1.425 1.450 1.475 1.500 1.525 1.550 1.575 1.600 1.625 1.650 1.675 1.700 1.725 1.750 1.775 1.800 1.825 1.850 1.875 1.900 1.925 1.950 1.975 2.000 ADDITIONAL COST PER EACH ADDITIONAL $.025 COST PER TRIP(EXCLUDING AIRPORT) DURING THAT WEEK WILL BE 4.50 4.51 4.52 4.53 4.54 4.55 4.56 4.57 4.58 4.59 4.60 4.61 4.62 4.63 4.64 4.65 4.66 4.67 4.68 4.69 4.70 4.71 4.72 4.73 4.74 4.75 4.76 0.01 COST PER AIRPORT TRIP DURING THAT WEEK WILL BE 10.00 10.01 10.02 10.03 10.04 10.05 10.06 10.07 10.08 10.09 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 0.01 THIS ATTACHMENT "A" REPLACES THE ORIGINAL ATTACHMENT "A" SUBMITTED WITH BID # 1001303. KELLE N NC. TERRENCE KELLEY, PRE ENT CITY OF CAPE GIRARDEAU MICHAEL G. MILLER,CITY MANAGER Date: ( C5 Date: