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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 . �'<=::1 � PASSED AND APPROVED THIS '' '� `" DAY OF ,� ' • .'�l ' , 1985 . � 1�Zr��+� �-`:.��'`�� Howard C. Tooke, Mayor ATTEST: �� - � i -_�' ;, :j � / , � �, ; 1 / , � �, � -�,�';.{ l.l,-,-�/+ �.'7 Y , E elyn . LeGrand Deputy ` City Clerk � CONTRACT � 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 .-� 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 " , L 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 • . . _ 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 ] � [ Typed Name of Si gner