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Home My WebLink About72-92 RESOLUTION• RESOLUTION NO. 72-92 A RESOLUTION AUTHORIZING A SERVICE AGREEMENT WITH CODE ELEVEN, INC., DBA TWIN CITY TAXI TO ALLOW THEIR PARTICIPATION IN THE FAYETTEVILLE TAXI PROGRAM. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a Service Agreement with Code Eleven, Inc., dba Twin City Taxi. A copy of the Service Agreement authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 5th day of May., 1992. APPROVED: By:. VE;CPZet ' V Mayor ATTEST: • • • ELDERLY TAXI PROGRAM SERVICES AGREEMENT THIS AGREEMENT executed this :4t4 day of April 1902 between the City of Fayetteville, hereinafter called the City and Code Eleven, Inc., dba Twin City Taxi hereinafter called the Service Provider. WHEREAS, the City is responsible tor administering and coordinating an Elderly Taxi Program which principally benefits low to moderate income individuals over age 60 in the City of Fayetteville; AND WHEREAS, the Service Provider operates and manages a taxi service within, but not limited to, the Fayetteville City Limits; NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the City and the Service Provider agree as follows: 1. The Service Provider agrees to accept coupons in lieu of cash for taxi service. Said coupons are issued by the City to approved program participants. Each coupon will represent one unit of direct service provided by the Subcontractor. 2. By the tenth (10th) day of each month, the Service Provider will submit to the City's Community Development Office an invoice, in a form prescribed by the City, for authorized services rendered under this Contract in the preceding month. The Service Provider will submit supporting documentation with the invoice in the form of completed driver log records and actual coupons redeemed. 3. The City will pay the Service Provider at a rate of $2.00 for each unit of direct service provided. 4. The Service Provider agrees to operate the service fully in conformance with all applicable state and local standards including permits, licenses, fire, health, and safety standards prescribed in law or regulations. 5. A11 of the services required will be performed by the Service Provider and all personnel engaged in work shall be fully qualified and shall be authorized under state and local law to perform such services. 6. If, through any cause, the Service Provider shall fail to fulfill his obligations under this contract, or if the Service Provider shall violate any of the covenants, contracts or stipulations of the contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Service Provider of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents or reports prepared by the Service Provider shall, at the option of the City, become its property and the Service Provider shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. 7. The Service Provider shall indemnify the City against any loss or damage (including attorneys fees and other costs of litigation) caused by the Service Provider's negligence or acts of omissions, either by the Service Provider or its agents or employees. The Service Provider shall defend any suit against the City alleging personal injury due to service rendered under this contract. If the Service Provider refuses or neglects to defend any suit, the City may defend, adjust or settle any such claim and the cost of such defense, adjustment, settlement, including reasonable attorneys fees, shall be charged to the Service Provider. 8. The Service Provider shall not assign nor transfer any interest in this contract without prior written consent of the City. 9. The Service Provider shall procure and maintain, at their own expense, comprehensive bodily injury and property damage liability insurance for automobiles used in the program's operation. Said insurance policies shall provide limits of $25,000 for injury or death of one person in any one accident; $50,000 for injury or death of two or more persons in any one accident $15,000 for property damage in any one accident. Service Provider shall provide proof of insurance within five (5) days from the date this contract is approved by the City. 10. The Service Provider agrees to comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) which provides that no person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 11. By executing this agreement, the City does not waive its statutory tort immunity under Arkansas Code Ann. Section 21-9-301 (1987). • IN WITNESS WHEREOF, the parties hereto have caused this contract to be signed by their duly authorized officers the day and year first above written. WITNESS: CITY OF FAYETTEVILLE Mayor CODE ELEVEN, INC. "'.rhao W. :t'ville 'll — oto b' 3a-- `� Ann. CERTIFICAIII QF INSURANCE • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO?f ONL'l7LND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER Boone -Ritter Insurance P.O. Box 967 Springdale, AR 72764 INSURED Code Eleven Inc. 883 Walnut Grove Springdale, AR & Twin City Taxi Rd. 72764 ISSUE DATE;MAIVDFY'C COMPANY A ▪ F TFR COMPANY B . F-TFR COMPANY C ▪ ETTER COMPANY ▪ ETTER COMPA%v E L ETTER COMPANIES AFFORDING COVERAGE Colonia Insurance Company COVERAGE, THIS 15 70 CERTIFY THAT THE POI ICIFS OF INSJRANCE LISTED BELOW HAVE BEEN ISSUED '0 THE NSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO -W THSTANCING ANY RFOLIREMEN', TEEM 09 COND TION OF ANY CONTRACT OR OTHER DOCUMENT WI'H RESPEC TO WHICH THIS CERIII ICAT% MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFOPDED BY -HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEEMS EXCLUSIONS AND CONDITIONS OF SUCH P01 ICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY °AID C.AIMS CO LTR TYPE OF INSURANCE GENERAL LIABILITY COMMERCIAL GFNFRAI LIMN. ITV CIA MS MADE OCCLR OWNER'S 8 CO\TRACTOR 5 PROT AUTOMOBILE LMBIfTY ANY AUTO A X ALL OWNED AUTOS SC"ECULED ALTOS . IRED AJTCS N ON -OWNED LAOS 3ARAGE .ANILITY EXCESS LIABILITY LMSRELLA FORM OTHER THAN UMSREUA FORM WORKER'S COMPENSATION AND EMPLOYERS' UAMuTY POLICY NUMBER POLICY FEMME POLICY EXPIRATION DATE .MACE'/VI DATE ;MMIVDIYY; SBA 59 11 55 07/10/91 07/10/92 OTNER DESCRIPTION OF OPERATIONSA.00AnONSJYEJICLES/SPECLLL ITEMS CERTIFICATE HOLDER City of Fayetteville City Administration Bui;di.ng Fayetteville, AR 72701 ACORD 23-3 (7180) CANCELLATION LIMITS GENERAL AGGREGATE PRODUCTSCOMP'OP AGG PERSONAL 8 ADV INJURY EACH OCCURRENCE FIRE DAMAGE Any ane AM; S S E S S MED EXPENSE ;Any aR lam] S COMBINED 9 NGL F LIMIT BODILY INJURY ;Per PRIM) BODILY INJURY ;Per AGC10Wrt; S 1 50,000 1100,000 PROPER I DAMAGE I EACH OCCURRENCE S AGGREGATE S S1A'.ITCPY 1 WITS EACH ACC DENT DISEASE -POLICY LIMIT 1 $ DISEASE—EACH EMPLOYEE 1 50,000 SHOJI 11 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THERIOT 1HE ISSUING COMPANY WILL ENDEAVOR TO MAIL l7 DAYS WRITTEN NOTICE TO THE CERTIFICA1L HOLDER NAMED TO THE LEI T. RUT FAILURE TO MAIL SUCH NOTICE SHAI I IMPOSE NO OBLIGATION 09 1IASIL 1'Y OF ANY KUPON THE COMPANA ITS AGENTS OR REPRESENTATIVE S AUTHORIZED REPR ' ACORD CORPORATION HMO