HomeMy WebLinkAboutOrd.237.06-05-1985 . ......
� BILL NO. 85-49 ORDINANCE N0. ��?
AN ORDINANCE AUTHORTZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH KELLEY
TRANS PORTAT ION COMPANY FOR S UBS ID IZ ED
TAXICAB SERVICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION l . The City Manager on behalf of the City of Cape
Girardeau , Missouri , is hereby authorized to enter into a
Contract with Kelley Transportation Company for subsidized
taxicab 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 .
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PASSED AND APPROVED THIS '' '� `" DAY OF ,� ' • .'�l ' , 1985 .
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Howard C. Tooke, Mayor
ATTEST:
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E elyn . LeGrand
Deputy ` City Clerk
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CONTRACT
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This Agreement, made and entered into this day
of , 1986, by and between the City of Cape
Girardeau , Missouri , a Municipal Corporation , hereinafter
called the "City" , and Kelley Transportation Company, 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 , 1985 and
terminate on June 30, 1986 . 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 supplemental coupons at
no cost . The taxi driver has the authority to examine the
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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 ) supplemental 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 $2. 25 and all supplemental coupons
at the rate of $. 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 c�b with the operator at all times during operation of the
cab . Each operator shall also conspicuously display his City
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T�xicab 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 provide 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 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 th e Company fails to comply with any of the
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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 Company, then it shall be deemed served when
deposited in the United States Mail certified, and addressed to :
Kelley Transportation Company
530 Good Hope
�'�' 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 :
Evelyn G. LeGrand
Deputy City Clerk
ATTEST :
[Typed Name of Signer ]
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[ Typed Name of Si gner