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HomeMy WebLinkAboutOrd.476.06-15-1987 : � ` `/� BILL N0. 87-101 ORDINANCE N0. � AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH KELLEY TRANSPORTATION CO. , INC. FOR SUBSIDIZED TAXI COUPON SERVICE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into a contract with Kelley Transportation Co. , Inc. for subsidized taxi coupon service. A copy of this contract is attached to this ordinance and made a part hereof. SECTION 2. This ordinance shall be in full force and effect ten days after its passage and approval . PASSED ANn APPROVED THIS � ' � DAY OF �-- , 1987. r � - _ �' __ , C� ancis E. R odes , Mayor ATTEST : � . Alvin M. S overink , City Clerk 1 CONTRACT This Agreement, made and entered into this day of , 1987 , 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: l . This agreement shall commence on July 1, 1987 and terminate on June 30 , 1988 . This agreement may be renewed for an unlimited number of successive one ( 1 ) year terms under the same terms and conditions herein by the City serving notice on the Company at least thirty ( 30) days in advance of the end of the initial or any subsequent term. 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 and will provide them with a limited number of extra rider coupons at no cost . 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 . For purposes of this agreement, the Nutrition Center located in the Cape County Farm Park shall be considered within the City Limits . Company further agrees to charge each person accompanying the subsidized rider a maximum of one ( 1 ) extra rider coupon for the second and each additional subsidized rider (up to a maximum of four ( 4) additional riders per taxicab) . 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 Two Dollars Fifty Cents (�2 . 50) and all extra rider coupons at the rate of Twenty-Five Cents (�. 25) . City will pay such amounts to Company by the lOth of each month for all coupons redeemed by the 20th of the preceding month . 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 . All complaints on the taxicab service received by the City shall first be referred to the owner/operator of 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 . 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 rovide Public Liability Insurance in the minimum amounts of �100 ,000 . 00 per person and �800 , 000. 00 per occurrence for bodily injury and �800 ,000. 00 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 riissouri , 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 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 63701 or when handed to the City Manager at City Hall , and if to be served upon the Compa�y, then it shall be deemed served when deposited in the United States Mail certified, and addressed to: Kelley Transportation Co . , Inc. 530 Good Hope Street Cape Girardeau , MO 63701 or when handed to an officer of the Company. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI Gary A. Eide, City Manager ATTEST: Alvin M. Stoverink, City Clerk KELLEY TRANSPORTATION CO . , INC. ATTEST: Claude Kelley, III , President Curtis Kelley, Secretary