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HomeMy Public PortalAboutORD10935 BILL NO. 87-130 SPONSORED BY COUNCILMAN WOODMAN ORDINANCE NO. 1�Yf AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH CAPITAL MALL- GENERAL GROWTH MANAGEMENT, INC. , AGENT FOR THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES 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 City Clerk are hereby authorized and directed to execute a contract with the Capital Mall-General Growth Management, Inc. for Providing the 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 �c- � l�, /9�S') Approved residi ficer Mayor ATTEST: City ((Clerk �� SERVICE CONTRACT This contract made and entered into this J day of 19_3, "2 by General Growth Management, Inc. , Agent for the Equitable Iaife Assurance Society of the United States, hereinafter called the "Capital Mall" and the City of Jefferson, Missouri, a municipal corporation, hereinafter called the "City. " WITNESSETH: WHEREAS, Capital Mall has requested the City to provide "Capital Mall Park and Ride Sus 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 94:30 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 "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 per day) less the revenue consisting of: 1 ) federal assistance ( 36% of service cost ) , and 2 ) service revenue ($0.50/passenger) . If the revenue exceeds the service costs in any quarter, the excess shall be set-off against the Capital Mall ' s obligation for the following quarters. If the revenues exceed the service costs for the entire year, the excess shall be retained by the City. The City will bill the Capital Mall on a quarterly basis. The amount of the bill shall be paid within thirty (30) days after the billing date. 1 / 5. Term. The term of this contract will be for the period lUi�1/� _19�'I through 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, 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. S. 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. , This corporation AGENT FOR THE EQUITABLE LIFE ASSURANCE h no" SOCIETY OF THE UNITED STATES e 7 By ^ _ ATTEST: Fegional Tite Pr6sident CITY OF JEFFERSON, MISSOURI a Municipal Corporation 4 By _ May ATTEST: City Clerk t MEMORANDUM OF AGREEMENT The City of Jefferson, Department of Transportation, and General Growth Management , Inc . , Capital Mall agree to established "Capital Mall Park and Ride Bus Service" routes and service times as indicated on the attached Exhibit A. It is also agreed between the City of Jefferson, Department of Transportation and General Growth Management , Inc . , Capital Mall that Paragraph 4. Payment , of the contract will be figured on - the basis of route miles per service day not to include dead-head miles. The route miles shown on Exhibit A are 14 miles per day and can only be changed by mutual agreement of both parties in writing . The current contract period is July 1 , 1987 through October 31 , 1987. A proposed service contract period is November 1 , 1987 through October 31 , 1988. It is the intention of the Capital Mall to spend a minimum of five hundred additional dollars on the promotion of the Mall Park and Ride Service between now and the end of the contract period (October 31 . 1988) . Thiseorporagon General Growth Management , Inc . has no ssaL CAPITAL MALL , Agent for The Equitable 1 Life Assurance oFiety / the United States By Date T &XXXX NXNM)6X Regional Vice President City of Jefferson, Missouri Department of Transportation /? -o�3� g.7 BY ,1 ' _ _ Date Martin A. Bros(, Ff. /. Director This agreement may be to minated by either party by giving two weeks written notice. 6 EXHIBIT A PARE; N' RIDE Park and Ride Lot Location: Capital Mall in Sears parking lot west of Wendy's. Delivers to and picks up from the downtown business district including: Truman Building, Broadway Building, Jefferson Building, Missouri Highway and Transportation Building, and all office and businesses located along High Street between Broadway and Lafayette. Morning: Departs the Capital Mall Park N' Ride lot at 7:44 a.m. , arrives at Truman Building on High Street at 7:54 a.m. , and the Jefferson Office Building and Highway and Transportation Department: Building at 7:55 a.m. . Evening: Pickups at the Jefferson Building and the Highway and Transportation Building at 5:05 p.m. , and the Truman Building at 5: 10 p.m.-; arrival at the Capitl Mall Park N' Ride lot by 5:20 p.m. . Fare: Fifty cents ($4.50) one way; One Dollar ($1 .00) Roundtrip. NOTE: This service is being provided by the Jefferson City Transit System in cooperation with the Capital Mall for the benefit of patrons who have to contend with the parking congestion in the downtown business area. 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