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HomeMy Public PortalAboutORD10870 BILL NO. 87-38 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. /6)'3 '70 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CAPITAL MALL GENERAL GROWTH MANAGEMENT FOR "CAPITAL MALL PARK AND RIDE BUS SERVICE. " BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with the Capital Mall - General Growth Management for providing "Capital Mall Park and Ride Bus Service. " Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit "A". Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed o�n !' _ Approved P.residi Officer Mayor ATTEST: L� 7 City Clerk SERVICE CONTRACT This contract made and entered into this go day of by General Growth Management, Inc. , Agent for The Equitab1 L e Assurance Society of the United States, hereinafter called the "Capital Mall" and the City of Jefferson, Missouri, a municipal corporation, hereinafter call the "City. " WITNESSETH: WHEREAS, Capital Mall has requested the City to provide "Capital Mall Park and Ride Bus Service; " NOW, THEREFORE, the parties to this contract agree to the following: 1. Service. The City agrees to provide "Capital Mall Park and Ride Bus Service" to and from the Capital Mall and the Jefferson City Central Business District, Monday through Friday, except State holidays, as long as buses and drivers are available. Approximate service times are between the hours of 7:00 A.M. to 8:00 A.M. and 4:30 P.M. to 5:30 P.M. 2. Routes and Schedules. Routing and scheduling details, exact pickup locations and times will be established by written agreement between representatives of the Capital Mall and the Director of Transportation or his representative. 3. Fare. The fare for this service will be $0. 50 per trip. 4. Payment. Capital Mall agrees to pay the "City Cost" of operation and administration of the service. The "City Cost" is the total service cost ( $2.00/mile times the number of route miles driven) less the revenue consisting of federal assistance 36% of service cost. I£ the revenue exceeds the service costs at the end of the contract period, the excess shall be retained by the City for use in further promoting the "Park and Ride" program. The City will bill the Capital Mall at the end of the contract period and Capital Mall will pay such statement within thirty (30) days after receiving such bill. 5. Term. The term of this contract will be for the period July 1, 1987, through October 31, 1987. 6. Termination. This contract may be terminated by either party by giving two weeks written notice. 7. Liability. In no event shall the General Growth ® Management, Inc. , and The Equitable Life Assurance Society of the United States, be liable to the City, or any person, partnership, WWI"* corporation, or other entity for special , indirect, or consequential damages, except those caused by General Growth Management, Inc. , and The Equitable Life Assurance Society of the United States' negligence, or arising out of or in any way connected with a breach of performance of this agreement. 8. Indemnity. The City shall defend, indemnify, and hold the General Growth Management, Inc. , and The Equitable Life Assurance Society of the United States, harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property which are caused by the City arising out of or in any way connected with this agreement. City further agrees to defend, indemnify, and hold the General Growth Management, Inc. , and The Equitable Life Assurance Society of the United States, harmless from and against any claims, losses and liabilities arising out of this agreement. GENERAL GROWTH MANAGEMENT, INC. , AGENT FOR THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES ATTEST: CITY OF JEFFERSON, MISSOURI a Municipal Corporation By May ATTEST: City Clerk