HomeMy WebLinkAboutOrdinance 3740 ORDINANCE NO. 3740
AN ORDINANCE WAIVING THE REQUIREMENTS OF
COMPETITIVE BIDDING AND AWARDING A CONTRACT
TO OZARK PUBLIC TRANSIT FOR TROLLEY/BUS DRIVER
SERVICES FOR THE OPERATION OF THE TOURIST
TRANSPORTATION PROGRAM .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . The City Council hereby waives the requirements of competitive bidding
for trolley/bus driver services for the operation of the Tourist Transportation Program for the
reason that said requirements are not feasible or practical for the following reasons:
1 . Ozark Public Transit has drivers that are licensed, trained, and
available to begin the service as soon as the City is prepared to officially begin
the program.
2 . Ozark Public Transit has a pool of drivers available so that when
the usual driver(s) is(are) on sick or vacation leave, a replacement is easily
located.
3 . Should the City discover that the program is not successful, it will
be much easier to sever a contract with Ozark Public Transit than to dismiss or
relocate the employees that would be involved.
4. Ozark Public Transit can provide backup buses in the event that one
of the City owned buses is not operational .
Section 2 . That the City Council hereby authorize the Mayor and City Clerk to
execute a contract with Ozark Public Transit for trolley/bus driver services for the operation of
the Tourist Transportation Program. A copy of the Contract is attached hereto as exhibit "A"
and is made a part hereof.
PASSED AND APPROVED this 16th day of November 1993 .
APPROVED:
By: ll
red Hanna, Mayor
ATTEST: �p
By :'id 6X tura/
Sherry L. Thomas, City Clerk
CERTIFICATE O& RECORD
State of Artansas
City of Fayetteville SS
I, Sherry Th°mas, City Clerk and Ex.
Officio recorder for the City of
Fayettevilledodo laereby certify that the
office n f°'eg6ing is of record in nay
Ordinance the same appears In
tygge S Resolution back
seal th' �— Witness 7n � J— at
1 y ZZ a day of ynd
.
1
AGREEMENT
THIS AGREEMENT , entered into as of this 29th day of November ,
1993 , by and between Community Resource Group , Inc . d/b / a Ozark
Regional Transit hereinafter referred to as " Ozark " and the City
of Fayetteville , Arkansas , hereinafter referred to as " the
City . "
WITNESSETH THAT:
Ozark and the City will mutually agree as follows :
Ozark and the City will jointly provide transportation service
for the City in accordance with guidelines contained herein :
1 . TYPE OF SERVICE
The service shall be open to members of the general public and
shall not be operated exclusively for any one group or
organization . The service shall comply with requirements of
Ozark ' s contract for Arkansas Highway and Transportation
Department Section 9 Federal Transit Administration funds , as
identified in Ozark ' s contract . The City understands that some
aspects of this service shall be subsidized by such funding .
2. ROUTE DEVELOPMENT
Ozark staff will assist the City in developing the most time and
mileage efficient routing and scheduling for the service . Final
routes , stops , and time schedules will be approved by the City
in writing prior to service being provided . Any changes in said
routes , stops , and time schedules will be approved by the City
in writing .
3. VEHICLES & INSURANCE
Ozark will operate vehicles owned by the City for service
provided under this agreement . Vehicles will be operated in
accordance with routes approved by the City . In no instance
will vehicles be operated by the City for services not provided
under this contract , outside the state of Arkansas , or outside
Ozark ' s Arkansas Highway Commission operating authority area
overnight , unless the City shall secure adequate insurance
covering such operation and operate under its own authority .
Ozark ' s use of said vehicles shall be limited to service
provided under this agreement unless approved by the City . .
Because it is not immune from tort liability , Ozark agrees to
maintain the following vehicle insurance coverage on all
vehicles operated under this agreement :
Liability $ 1 , 000 , 000 combined single limit ; $ 1 , 000 medical ;
$ 50 , 000 uninsured motorist ; Comprehensive - $ 500 deductible to
be paid by Ozark ; Collision - $ 500 deductible to be paid by
Ozark . All costs of insurance shall be paid by Ozark .
The City shall be named as additional insured , and may operate
the vehicles with its own employees under Ozark ' s insurance and
operating authority so long as those employees are first listed
with Ozark ' s insurer .
4. MAINTENANCE & LICENSING
The City shall provide vehicle maintenance in its own facility
every 3 , 000 miles , licensing , and all other operating costs
other than those specified in this agreement to be provided by
Ozark .
Ozark shall be responsible for determining when preventive
maintenance or repair on the vehicle needs to be scheduled , and
for alerting the City . If necessary and only when approved by
the City , Ozark will provide emergency maintenance or repair ,
and will subsequently bill the City at current rates charged to
non -profits .
Ozark shall not obligate the City to pay any cost pertaining to
any aspect of this agreement without prior written
authorization .
5. DISPATCH & OPERATIONS
Each City vehicle will be equipped with a two -way radio system
to be provided by Ozark . The radio frequency will be monitored
by Ozark dispatcher from 7 : 00 a . m . to 5 : 00 p . m .
Ozark will provide spare vehicles to insure uninterrupted
service to the City in the event of malfunction of the assigned
vehicles . Spare vehicles will match the capacity of regularly
assigned vehicles when possible .
6. DRIVERS
Ozark shall provide Drivers for service operated under this
agreement who shall receive special orientation and training to
prepare them to educate passengers , in addition to Ozark ' s
regular Driver training . Said training shall consist primarily
of a set of written materials which shall be memorized by
Drivers for repetition to passengers , and of a set of guidelines
for dress , behavior , and any other items designated by the City .
Adequate scheduling , supervision , and substitute Drivers shall
be provided to assure uninterrupted service .
Drivers used to provide service to the City will :
2
a ) Hold a license required by federal and state law .
b ) Have a satisfactory driving record based on information
documented from the Arkansas Department of Motor Vehicles , and
continue to demonstrate ability to drive the vehicle to Ozark ' s
satisfaction .
c ) Successfully complete , and update as needed , training in
accordance with Ozark ' s training policy .
d ) Be approved by Ozark to drive , based on the above criteria .
e ) Agree to abide by all Standard Policies and Procedures listed
in Ozark ' s Handbook for Employees , Contract s Volunteer
Operators , and shall sign a statement to that effect prior to
driving any Ozark vehicle .
7. PROMOTION AND PUBLIC AWARENESS
Ozark will work with the City to develop an ongoing program of
public awareness to assure that tourists and City residents know
of the service and are able to access it . It is understood that
Ozark shall not pay for any promotion or advertising under this
agreement , other than minor in -house mailing and the cost of
submitting public service announcements , as part of its ongoing
Public Service Announcement program .
8. INCLEMENT WEATHER
Either the City or Ozark may in the case of inclement weather
and/ or hazardous road conditions cancel or modify scheduled
transportation or dispatch / backup service . The party initiating
the cancellation or modification shall be responsible for
notifying the other party . Ozark shall notify the public of any
cancellation by informing the media as soon as cancellation
becomes necessary .
9. RATE OF PAYMENT
The City agrees to provide funds to be used as local matching
funds or program income , as needed , in the amounts specified
below .
$ 12 . 38 per hour for service provided .
Charges for all service shall be based on trip records
maintained by vehicle drivers .
10. METHOD OF PAYMENT
Ozark will bill the City monthly for transit service provided
under this agreement using a format designed to show the hours
3
of services provided to the City .
11 , RECORDS
Ozark ' s responsibility for record- keeping , financial and record
data computations shall be limited under this Agreement to
ridership counts , daily trip sheets , and records required by the
Arkansas Highway and Transportation Department . Maintenance
records shall be maintained by the City and shall be open to
inspection by Ozark its agents , including representatives of the
Arkansas Highway and Transportation Department upon request .
12. REPRESENTATIVES AND NOTICE
The representatives of the respective parties who are authorized
to administer this Agreement and to whom formal notices ,
demands , and communications shall be given are as follows :
The representative of Ozark shall be :
Taunya Xopke , Director
Ozark Regional Transit
2705 Chapman Rd .
Springdale , AR 73769
The representative of the City shall be :
Fred Hanna , Mayor
City of Fayetteville
113 W . Mountain
Fayetteville , AR 72701
Notice as required by the terms of this agreement shall be
effective upon hand delivery in writing to the appropriate
representative listed above or five days after written notice is
mailed first class U . S . Postage to said representative .
If either party desires to change its above listed
representative , it shall give written notice as provided above .
13. TIME OF PERFORMANCE
The term of this Agreement shall commence November 29 , 1993 and
shall continue in full force until December 31 , 1993 unless
terminated in accordance with the provisions of this contract
pertaining to termination . However , said agreement may
automatically renew for three months subject to budget approval
by the City Council .
The parties may amend this Agreement by mutual agreement in
writing .
4
14. AGREEMENT AMENDMENTS
This agreement may be modified at any time by a memorandum of
understanding with the mutual agreement of both parties .
15. AGREEMENT TERMINATION
This agreement shall remain in full force and effect until
terminated in one of the following methods :
A . Either party may terminate this agreement upon 30 -day
notification ; or ,
B . Both parties , by their mutual consent , may terminate
this Agreement immediately .
IN WITNESS WHEREOF.
this Agreement is signed and made effective as of November 29 ,
1993 :
1 � rs 3
uni Resource Group , Inc . Da e
Ex cutiv Director
l/lyl3
City of Fayetteville Date
Mayor Fred Hanna
5
them tq educate passen- Arkansas Highway and
2., ROUTE DEVELOPMENT ,
gets, in Ilddition to Ozark's Transportation Department.
ORDINANCE NO. 37x0 Ozark staff will assist the regular driver Training. Said Maintenance records shall
time and sty in vm�ea eping i attic ant he most training mall consist primer- be maintained by the City
AN ORDINANCE WAIVING routing and lenge of for lly Of a set of written ma- and shall be open to in-
THE REQUIREMENTS OF g g terials which shall be me- spection by Ozark its
the service. Final routes, morizetl Drivers for re- agents, including represen- STATE OF ARKANSAS
COMPETITIVE BIDDING stops, and time schedules
AND AWARDING A CON- petition to passenger, and tithes of the Arkansas
TRACT TO OZARK PUBLIC will ri ng prioroved by the Cie of s sat Of behavior.
guidelines for Highway and Transportation Ss.
TRANSIT FOR TROLLEY/ in writing prior a service dress, behavior, antl any Department upon request.
being provided . Any other items designated by County of Washington
BUS DRIVER SERVICES changes in said routes. the City. 12, REPRESENTATIVES
FOR THE OPERATION OF stops, and time schedules J _1 f �('1 1 I •`
TATION PROGRAM THE TOURIST NSPOR- wil be approved by the City Adequate scheduling. super- AND NOTICE [ �- l./ i •�JIV�+ hereby cer-
in writing. . vision, and substitute tlriv-
' BE IT ORDAINED BY THE The representatives of the I tify that I am the publisher of HE NORTHWEST ARKANSAS TIMES, a daily
3. VEHICLES & ers shall be provided to as-. respective parties who are
� CITY COUNCIL OF THE INsure uninterrupted serviceauthorized to administer newspaper havingasecond class mailing privilege, and being not less than four pages of
CITY OF FAYETTEVILLE.
INSURANCE this Agreement and to
ARKANSAS: Ozark will operate vehicles Drivers used to provitle ser- whom formal notices. de-
r
columns each, published at a fixed place of business and at a fixed (daily) intervals
owned by the City for set- vice to the City will: mends. and communlca- continuously in the City of Fayetteville, County of Washington, Arkansas for more than
vice provided under this
, Section 1. The City Coun- agreement Vehicles will be a) Hold a license re u;red tions shall be given are as a period of twelve months, circulated and distributed from an established place of business
cil hereby waives the re- q follows:
P routoperaes dp approved accordanee cite by to subscribers and readers generally of all classes in the City and County for a definite price
' quirements of competitive Fatlarel & State law.
bidding for trolley/bus driver City_ In instance will The representative of Ozark for each copy, or a fixed price per annum, which price was fixed at what is considered the
services for the operation vehicles be operated by the b) Have a satisfactory tlriv- shall be:
i of the Tourist Transports- City for Services not pro- 'ng record based on infor- value of the publication, based upon the news value and service value it contains, that at
tion Program for the reason vided under this contract, malign documented from Taunya Kopke, Director least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
that saitl requirements are outside the State of Arkan- the Arkansas Department of Ozark Regional Transit
not feasible or practical for sad, or outside Ozark's Ark- Motor Vehicles, and con- 2705 Chapman Rd. newspaper or its agents or through recognized news dealers over a period of at least six
' the following reasons: arises Highway Commission tinuo to demonstrate ability Springdale. AR 73766I months; and that the said newspaper publishes an average of more than forty percent news
operating authority area to drive the vehicle to
1 1. Ozark Public Transit overnight, unless the City Ozark's Satisfaction. The representative of the matter.
has drivers that are shall secure adequate insur- I City shall be:
' licensed, trained. and avai4once covering such I c) Successfully complete.
under
its able to begin the service as tion and operate under its and training in a or needed.
th Fred Hanna, Mayor [ further certify Wat the legal notice hereto attached 10 W¢ matter Of
soon to the City gi Pre- own authority. Ozark's
shat use Ozark's ,n accordance policy. with City W Fayetteville
' pared to officially begin the of said vehicles shall be Ozark's training policy. 113 W. Mountain
program. Fayetteville. AR 72701
u
limited d) Be approved tl to service provided under this agreement un- PP by Ozark to I
2. Ozark Public Transit has less approved by the City. drive, based on the above Notice as required by the was published in the regular dao issue of said newspaper for
' a pool of drivers available criteria. terms of this agreement P B Y
so that when the usual tlriv- Because it is not immune shall be effective upon COOSeCU[Ive insertions as fOIIOWS'
, ers(s) is (are) on sick or from tort liability, Ozark el Agree to abide by all hand delivery in writing to -
I vacation leave. a replace- agrees to maintain the fol- Standard Policies and Pro- the appropriate represents- I
ment is easily located. cedures listed in Ozark's live listed above or IN f Q! 1 ' WV L a day of l9
lowing vehicle insurance Handbook for Employees, days The first insertion on We
coverage on all vehicles op- P yeas, ys after written notice is
3. Should the City dis- a ra t e d under this Contract & Volunteer Oper- mailed First Class U. S.
cover that the program is agreement: ators, and shall sign a state- Postage to said i
not successful. it will be ment to that effect prior to representative. the second insertion on the day of 19
much easier to saver a con- Liability single
limit;
com- driving any Ozark vehicle.
biedi single limit; $1 ,000
tract with Ozark Public medical; $50,000 uninsured either party desires to
Transit than dismiss or motorist: Comprehensive -T c PROMOTION AND change its above listed rep- j We third Insetl100 On the day of 19
relocate the employees
ployees that $500 deductible to be paid PUBIC AWARENESS resentative, it shall give
would be involved. by Ozark; Collision - $500 written notice as provided
deductible to be paid by Ozark will work with the above. and the fourth insertion on the day of 19
4.'. Ozark Public Transit Ozark. All costs of insur- City to develop an ongoing 13. TIME OF
can provide backup buses ante shall be paid by Ozark. Program of public aware- PERFORMANCE
in the event that ones the ands it assure that tourists l
City owned buses is not aThedd City shall be nand as and City residents a know Of The term of this Agreement
operational. additional insured, and may the service and are able to shall commence November '
operate the vehicles with access it. It is understood 29, 1993 and shall continue
Section 2. That the City its own employees under that Ozark shall not pay for in full force until December i
Council hereby authorize Ozark's insurance and oper- any promotion or advertis- 31 , 1993 unless terminated Publisher / General Manager
the Mayor and City Clerk to ating authority so long as ing under this agreement, in accordance with the pro-
execute contract with Ozark those employees are first other than minor in-house visions of this contract per-
Public Transit for trolley/bus listed with Ozark's insurer. mailing and the cost of sno- taining to termination. How- 1
driver services for the oper- mitring Public service an- ever, said agreement may
Etion of the Tourist Trans- a- MAINTENANCE & nouncements. as part of it automatically renew for
Portation Program. A copy LICENSING ongoing Public Service Ao- three months subject to
of the Contract is attached nouncement program. 1V budget approval by the Chy .
hereto as exhibit "A" and is The City shall provide vehi- Council.
made a part hereof. cle maintenance in its own S. INCLEMENT WEATHER
facility every 3,000 miles. The parties may amend this ,
PASSED AND APPROVED licensing, and all other oper- Either the City r Ozark., Agreement by mutual ,
o
this 16th day of November, ating costs other than those may in the case of incle- agreement in writing.
1993. - ment weather and/or ha-
"PROVED: — - - --
APPROVED: specified i this agreement zardous road conditions )
B Fred Hanna, Mayor to be Provided by Ozark.
Y: Y cancel or modify scheduled
Ozark shall be responsible transportation or dispatch/ P
By: She for determining when pre- backup service. The party Sworn to and subscribed before me on this J da Of
By: Sha ventive maintenance or re- initiating the cancellation or aECEIVEU
City park L. Thomas pair on the vehicle needs to modification Shall be . re- I � p ^�I�,` �,-pZ 19 y
be schetluled, and for alert- sponsible for notifying the i 1 JLl 11'
AGREEMENT ing the City. If necessary other party. Ozark shall no- '.. � �� O 9 ����
THIS AGREEMENT, entered and only when approved by tify the Public of any t_
ilia City. Ozark will provide cancellation by informing
into as of this 29th day of the media as soon as
November, 1993. b and emergency maintenance or FINANCE DEFT.
y repair, and will subse- cancellation becomes 1C
between Community Re- quently bill the City at cur- necessary.
source Croup. Inc. d/b/a rent rates charged to non-
O[ary PublicOzark Regional Transit he- Profits 9. RATE OF PAYMENT
reinafter referred to as The City agrees to provide
"Ozark" and the City of Ozark shall not obligate the funds to be used as local My Commission Expires:
Fayetteville. Arkansas. he- City to Pay any cost pertain- matching funds or program ^ ^
reinafter referred to as "the income, as needed. in the /\ q
)1
City." ing to any aspect of this
agreement without prior amounts specified below.WITNESSETH THAT; written authorization. $12,3B Per our for service
provided.
Ozark and the City will mu-
S. DISPATCH 8
tually agree as follows: OPERATIONS Charges for all service shall
jointly Provide transportation L )I
Ozark and the City will be based On trip records I Fees for Printing $ /
Each City vehicle will be maintained by vehicle
service for cite City m ac- equipped with a two-way drivers. Cost Of Proof �� � � �
cortlaned with guidelines d $ �- `1-`�
contained herein: radio system h be Provided
by Ozark. The mon, ire- PAYMEN OD OF Total $
1. TYPE OF SERVICE quency will be monitored
The service shall be open by Ozark dispatcher from Ozark will bill the Cit
to members of the general 7'00 a.m. to 5:00 p.m. monthly for transit service
public and shall not be op- Ozark will provide spare
vehicles to insure uninter- Provided under this agree-
emtetl exclusively for any rupted service to the City in mens using a format do-
Is • -
`aria the even[ of malfunction of
'with group or organization. signed to show the hours
service Shall comply the assigned vehicles. of services Provided t0 the
'with the requirement of Spare vehicles will match City.
' rOzerk's Contract for Arkan- the capacify of regularly
as-
, sas Highway and Transpor- when
11 RECORDS
tation Department Section 9 signed v8hlglas when
, Federal Transit Administra- Possible. Ozark's responsibility for
' lion funds, as identified in S. DRIVERSrecord-keeping, financial and
Ozarks contract. The City Ozark shall Provide Drivers record data computations
pactsundeof this
tan that some es- for service operated under shall be limited under this
' pacts his service shall this agreement who shall Agreement to ridership
, be subsidized by such receive special orientation counts, daily trip sheets,
funding.
and training to prepare and records required by the