HomeMy WebLinkAbout31916 / 82-09June 3, 1982
il 9 RESOLUTION
PIIRPOSE: APPROVE AGREEMENT WITH OSAKOSH CAR AND RIDE SERVICE, INC.
INITIATED BY: CITY ADMINISTRATION
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
proper City officials are hereby authorized and directed to enter into the at-
tached agreement with Oshkosh Car and Ride Service, Inc. to provide ta�ci.cab
transportation to physically handicapped citizens of Oshkosh under 60 years of
age, at a reduced rate of cost to them.
BE iT FiTi2T'nEA RESOL4n� that moaies �c� cui.^, purpesa a:e hereb} agp:o-
priated from 1482 Co�unity Development Block Grant Funds. Account N�er
321-961 Handicapped Taxi Service.
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APPi?0'I�,D
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AGREEMENT AND CONTRACT
between
CITY OF OSHKOSH
and
OSHKOSH CAR AND RIDE SERVICE, INC.
This AGREEMENT AND CONTRACT made and entered into this
day of ___ , 1982, by and between the CITY OF OSHKOSH,
hereinafter referred to as "City", party of the first part, and
OSHKOSH CAR AND RIDE SERVICE, INC., a not-£or-profit corporation,
hereinafter referred to as "CARS", party of the second part,
WITNESSETH:
WHEREAS, the City wishes to make transportation services
available, specifically taxicab transportation, to physically handi-
capped citizens of Oshkosh under 60 years of age, at a reduced rate
of cost to them; and
WHEREAS, the Oshkosh Car and Ride Service, Inc. is a not-
for-profit corporation formed for the purpose of assisting the trans-
portation needs of the physically handicapped of Oshkosh under 60
years of age;
NOW, THEREFORE, in consideration of the mutual promises and
covenants of the parties hereto, it is agreed as follows:
1. GENERAL DESCRIPTION AND BOUNDARIES
a. It is agreed that CARS shall set up a service whereby
a transportation provider will provide transportation, within specified
boundaries of the City o£ Oshkosh, at a reduced rate of cost to the
physically handicapped persons under age 60 in the community.
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b. That CARS under this service, will arrange for the trans-
portation of physically handicapped persons under age 60, only within
the following bonndaries and area5 of the City of Oshkosh, Wisconsin:
That area in the City of Oshkosh bounded by Cliff View Drive and
Murdock Avenue on the Northeasti; Libbey Avenue (extended) (2400 block)
on the North; Algoma Boulevard-Congress Avenue-Rainbow Drive-North
Eagle Street-Oshkosh Avenue-State Trunk Highway "21" on the Northwest;
Koeller Street on the West; Crystal Springs Avenue (extended)-Knapp
Street on the Southwest; 20th Avenue-MOntana Street-25th Avenue (ex-
tended) on the South; included within boundaries are the Lake Aire
Shopping Center, Wittman Field Terminal, and the Post Office.
c. That the presentation of $1.20 plus one CARS ticket will
entitle any physically handicapped person under the age of 60 to one
trip within said area.
d. That additional riders picked up at one place and discharged
together contribute 45 cents each without using a ticket.
e. That any physically handicapped person under age 60 who de-
sires transportation within the corporate limits of the City of Oshkosh,
but outside of the boundaries described in paraqraph b., shall be en-
titled, upon presentation of a CARS ticket, to a 65 cents reduction in
the normal fare for his or her specific destination.
2. PURCHASE, 5ALE, AND USE OF CARS TICKETS
a. CARS patrons must purchase cars tickets from authorized
distribution sites; such sites to be determined by CARS.
b. That the Program Directar of CARS will coordinate, direct
and supervise the distribution, sale and inventory of said tickets.
c. That the CARS service shall be available 24 hours a day,
seven days a week.
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d. That CARS shall require drivers to assist in loading
and unloadinq of wheelchairs and other equipment needed by the phys-
ically handicapped.
3. BUDGET, COSTS AND COMPENSATION FOR CARS SERVICE
a. The City has been allotted monies for the institu-
tion of said transportation system through Community Development
Block Grant Funds.
b. Directly after the execution of this agreement the
City shall pay to CARS the lump sum of $3,000.00.
c. CARS shall use these funds only for initial start-up
money and to reimburse the transportation provider for the reduction
in fare caused by the proqram at a rate of $.65 per trip.
d. CARS shall once a year (between June lst and June 30th)
submit a financial report to the Grants' Coordinator of the City of
Oshkosh.
e. Should the Grants' Coordinator determine the cost
of the initial start-up and the cost of reimbursement for trips pro-
vided is less than the $3,OOA.00, CARS shall refund to the City the
portion of the lump sum that remains.
4. DURATION OF CONTRACT
a. This contract will remain in effect and bind said
parties to its conditions and covenants from July 1, 1982 to
June 30, 1983.
b. After the initial period, the agreement shall remain
3 (b
in effect while the funds referred to in Section and any addi-
tional funds remain available.
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c. The City reserves the right to cancel this agreement
upon thirty (30) days notice.
5. INSURANCE: FINANCIAL RESPONSIBILITY
a. CARS agrees to and does hereby hold the City harm-
less and does hereby indemnify the City against any claim or demands
of any person arising by reason of CARS' operation of said system.
b. CARS shall carry or require the transportation pro-
vider to carry the required workmen's compensation insurance; property
� damage insurance of not less than $25,000.00 coverage per occurrence
and bodily injury liability insurance of $150,000.00 coverage per
occurrence.
c. CARS shall require that any claims arising from said
operation sh.all be handled by CARS or its insurance carrier or trans-
portation provider and its insurance carrier and said parties shall
defend the City in any litigation arisinq from such claims, and pay
any judgments obtained in any such litigation.
6. PERMITS AND LICENSES
CARS shall require any transportation provider to obtain
and pay for required permits and licenses in its operation of the
service.
7. EXCLUSIVE AGREEMENT
During the term of this agreement CARS shall serve as
tkre exclusive agent for the City in the operation of the service and
the City shall not, during the term of this agreement, enter into an
agreement with any other organization for the operation of a similar
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service ancl the City shall not enter into a like agreement with any
other person for a similar service during the term o£ this agreement.
9. AMENDMENTS TO THE CONTRACT
Whenever either CARS or the City are unable to meet their
full responsibilities under the terms of this Contract, adjustments to
this Agreement may be mutually agreed upon.
In the Presence of: CITY OF OSHKOSH
APPROVED:
Tom W. Ahrens
Asst. City Attorney
By:
William D. Frueh, City Manager
And:
Converse C. Marks, City Clerk
OSHKOSH CAR AND RIDE SERVICE, INC.
By:
Carol Magnuson, President
And:
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Terri Hanson, Secretary
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